HomeMy WebLinkAboutC19-142 Tyler TechnologiesSECOND AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
TYLER TECHNOLOGIES
THIS SECOND AMENDMENT (“Second Amendment”) is effective as of _______________,
by and between Tyler Technologies, Inc., ("Tyler") a Delaware corporation with offices at 5519
53rd Street, Lubbock, Texas 79414, as successor-in-interest to EnerGov Solutions, LLC ("
EnerGov"), (hereinafter “Consultant” or “Contractor”) and Eagle County, Colorado, a body
corporate and politic (hereinafter “County”).
RECITALS
WHEREAS, County and Consultant entered into an agreement dated the 23rd day of October,
2007, for certain Services related to the licensing of the EnerGov software (the “Original
Agreement”); and
WHEREAS, County and Consultant entered into a First Amendment to the Original Agreement
on June 9, 2015, whereby the County accepted a license transfer from EnerGov to the EnerGov 9
Server application and associated EnerGov Software, and the County and Consultant agreed to
the performance by Consultant of certain additional Services for additional compensation; and
WHEREAS, the Original Agreement contemplated that the Consultant would perform certain
duties with compensation in an amount not to exceed $246,864; and
WHEREAS, County and Consultant desire by this Second Amendment to expand the scope of
Services and compensation as set forth in the Original Agreement.
SECOND AMENDMENT
NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as
set forth below, the parties agree as follows:
1.The Original Agreement shall be amended to include additional EnerGov Assist
Complete Services as described in Exhibit 1, which is attached hereto and
incorporated herein by reference.
2.The compensation for the additional Services set forth in Exhibit 1 shall not exceed
$33,000 for the initial term of such Services. Thereafter, the fees for the Energov
Assistant Complete Services are subject to change but in no event shall the increase
of such fees exceed more than four percent (4%) per year for years two (2) through
four (4).
3.Section 14, “Term and Termination”, of the Original Agreement shall hereby be
amended to include the following:
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14.1 The term of this Agreement and the software license provided herein shall
commence upon the execution of this Agreement and shall continue until terminated
as provided for herein. The term of the EnerGov Assist Complete Services shall
commence upon execution of the Second Amendment and shall continue until
terminated as provided for herein.
14.2
(iii) County may terminate the Energov Assist Complete Services, for convenience
on thirty (30) days’ prior written notice. Upon termination, the County shall remit
payment for all products and services delivered to the County and all expenses
incurred by Tyler prior through the effective date of termination. The County will not
be entitled to a refund or offset of previously paid license and other fees.
4.Capitalized terms in this Second Amendment will have the same meaning as in the
Original Agreement and the First Amendment. To the extent that the terms and
provisions of the Second Amendment conflict with, modify or supplement portions of
the Original Agreement and First Amendment, the terms and provisions contained in
this Second Amendment shall govern and control the rights and obligations of the
parties.
5.Except as expressly altered, modified and changed in this Second Amendment, all
terms and provisions of the Original Agreement and First Amendment shall remain in
full force and effect, and are hereby ratified and confirmed in all respects as of the
date hereof.
6.This Second Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the
Original Agreement the day and year first above written.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its COUNTY MANAGER
By: ______________________________
Jeff Shroll, County Manager
Tyler Technologies, Inc.
By: _____________________________________
Print Name: ______________________________
Title: ___________________________________
DocuSign Envelope ID: 0A19A789-C5B4-47F2-B1A2-16071027D5E1
Janet Joiner
Vice President, Finance-LGD Division
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Exhibit 1
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under
the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not
otherwise defined will have the meaning assigned to such terms in the Agreement.
In the event a comment in the following sales quotation conflicts with a provision of this Amendment, the
provision in this Amendment shall control.
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DocuSign Envelope ID: 5A2388A5-0E8E-4E60-A99D-C91E897778DD
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DocuSign Envelope ID: 5A2388A5-0E8E-4E60-A99D-C91E897778DD
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DocuSign Envelope ID: 5A2388A5-0E8E-4E60-A99D-C91E897778DD
