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CONTRACT 3516 Professional Services Agreement3516-::IN PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND TYLER TECHNOLOGIES INC. This AGREEMENT is entered into this 6th day of March, 2007, by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ( "CITY ") and TYLER TECHNOLOGIES INC., a Delaware Corporation ( "CONSULTANT "). 1. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed NINETY EIGHT THOUSAND ONE HUNDRED THIRTY dollars ($98,130) for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit `B," which is incorporated by reference. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any failure to conform to such standards and CONSULTANT will have thirty (30) days after such notification to cure any such failure to CITY'S reasonable satisfaction. Costs associated with curing such failures will be borne by CONSULTANT. -1- 35 1 6 • ." "0' 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A ") and the tasks performed. 5. NON - APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. ADDITIONAL WORK. A. CITY's city manager ( "Manager ") may determine, at the Manager's sole discretion, that CONSULTANT must perform additional work ("Additional Work ") to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work, B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost. C. Payments over $10,000 for Additional Work must be approved by CITY's city council. All Additional Work will be subject to all other terms and provisions of this Agreement. 7. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that it has: i. Carefully investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. -2- 3516. ;' Is Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 8. TERM. The term of this Agreement will be for one (1) year. This Agreement will automatically renew, on an annual basis, on its anniversary date unless otherwise terminated. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "B "; B. Termination as stated in Section 15. 9. TIME FOR PERFORMANCE. A. CONSULTANT will not perform any work under this Agreement until: CONSULTANT furnishes proof of insurance as required under Section 22 of this Agreement; and ii. CITY and CONSULTANT sign this Agreement. B. Should CONSULTANT begin work on any phase in advance of both parties signing this Agreement, any such professional services are at CONSULTANT's own risk. 10. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: A. Exhibit A: Compensation Schedule; and B. Exhibit B: Scope of Services 11. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. -3- 3516.; °; 13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 15. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement (i) for cause in the event CONSULTANT fails to cure a breach of this Agreement within thirty (30) days of receiving written notice from CITY; or (ii) for convenience upon thirty (30) days prior written notice to CONSULTANT. B. CONSULTANT may terminate this Agreement at any time upon thirty (30 days written notice. C. Upon receiving a temnination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT" own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. -4- 3516.::: 16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public city without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18. INDEMNIFICATION. A. CONSULTANT agrees to the following: i. Indemnification for Professional Services Subject to a limitation of liability equal to two (2) times the fees paid by the CITY to CONSULTANT under this agreement, CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement. CONSULTANT shall have no obligation to indemnify the CITY from a suit, action, or claim resulting from a negligent or wrongful act, error or omission by CITY or any of CITY's officers, agents, employees, or representatives. ii. Indemnification for other Damages. Subject to a limitation of liability equal to two (2) times the fees paid by the CITY to CONSULTANT under this Agreement CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of CONSULTANT's negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising out of CONSULTANT's negligence or willful misconduct, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. CONSULTANT shall have no obligation to indemnify the -5- 3516•." CITY from a suit, action, or claim resulting from a negligent or wrongful act, error or omission by CITY of any of CITY's officers, agents, employees, or representatives. iii. Intellectual Property Infringement. Notwithstanding any provision to the contrary, CONSULTANT will, at its own expense, indemnify and defend CITY against any claim that CONSULTANT's services or work product furnished under this Agreement infringes a patent or copyright in the United States or Puerto Rico. In such event, CONSULTANT will pay all costs damages and attorney's fees that a court finally awards as a result of such claim. To qualify for such defense and payment, CITY must (a) give CONSULTANT prompt written notice of any such claim; and (b) allow CONSULTANT to control, and fully cooperate with CONSULTANT in the defense and all related settlement negotiations. CITY agrees that if the use of CONSULTANT's services or work product becomes, or CONSULTANT believes is likely to become, the subject of such an intellectual property claim, CITY will permit CONSULTANT, at its option and expense, either to secure the right for CITY to continue using CONSULTANT's services and work product or to replace it with comparable services and work product. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 22, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 19. ASSIGNABILITY. Neither party may assign the benefits and/or burdens of this Agreement without the prior written consent of the other party, except that CONSULTANT may without prior consent of CITY, assign the benefits and burdens of this Agreement in their entirety to the surviving entity of any merger or consolidation or to any purchaser of substantially all CONSULTANT'S assets. 51 35 1 6 20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 21. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 22. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $1,000,000 Professional Liability $1,000,000 Business automobile liability $1,000,000, Workers compensation Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" for any occurrence arising from CONSULTANT's negligence or willful misconduct, such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable by CONSULTANT or subject to reduction by CONSULTANT except upon thirty (30) days prior written notice to CITY. -7- 3516• C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. The CITY agrees to pay administrative fees of $100 plus $.10 per page if the CITY requests CONSULTANT to produce copies of insurance policies. The CITY is aware that copies of some policies are not available (D &O and Fiduciary Liability). Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VIL" F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement within (30) days of receiving written notice from CITY, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 15. 23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. The consultants listed in Exhibit "B" are hereby approved. 24. STATUS MEETINGS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. in 3516. , 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: If to CONSULTANT: Tyler Technologies, Incorporated 370 U.S. Route 1 Falmouth, ME 04105 Attention: Contracts Manager If to CITY: City Clerk City of El Segundo 350 Main Street, Room 5 El Segundo, CA 90245 Attention: Director of Administrative Services Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 29. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. • L 3516 31. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are ( 2 ) Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 33. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 34. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's executive manager, or designee, may execute any such amendment on behalf of CITY. 35. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 36. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the affected party's performance will be delayed the corresponding number of days. 37. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. [Signatures on next page] -10- 3516' .:15 IN Wl'INESS WF1 MMF flee pfaties hmb.have erceca6od do coci t &e day and year first heminabove written. CITY OF EL SEG TYLER TECHNOLOGIES INC. a general law c' Jeff S0vvAIXfiY Manager President - Loge Financial Division ATTEST: Cindy M&tesen, City Clerk APPROVED O MARK D. S mey By: . Berger, Assistan Attorney -11- :9:�.7 Mt - Taxpayer lD No. 7 5- Z -?U 3 9 Za IN WTINESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO a general law city. Jeff Stewart, City Manager ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney By: Karl H. Berger, Assistant City Attorney -11- TYLER TECHNOLOGIES INC. - C:: President - L e Financial Division Assistant Secretary Taxpayer ID No. % �7 - Z �?e2 : y 2a - Jr!"A" . . . . . . . . . . . 35 1 6 Financial and Administrative Information Systems Proposal Prepared for City of El Segundo Stephen Robinson Network Technician 350 Main Street El Segundo, CA 90245 Phone: 310-524-2375 FAX: 310 640 2543 srobinson@elsegundo.org Prepared By: Tyler Technologies I EDEN Division Christina Hendrickson EMAIL christina.hendrickson@tylertech.com 800-328-0310 November 13, 2006 tyler X. 35 1 6 11 it tylerl,, i 1100 Oakesdale Avenue SW Customer Name: City of El Segundo Renton, WA 98055 Contact; Stephen Robinson 800-328-0310 christine.hendrickson@tylertech.com Date: November 13, 2006 Salesperson: Christina Hendrickson Summary Investment Summary Investment Annual Maintenance Fees License Fees 12,800 Software Maintenance 25,380 Training and Conversion 40,500 Project Management 9,000 Estimated Travel Expenses 10,450 Estimated Tax 0 Total Purchase Price 72,750 Total Annual Fees 25,380 rkay., RF 3 5 1 Eden Systems, Inc.; 1100 Oakesdale Ave SW; Renton, WA 98055; (800) 328.0310; sales @edeninc.com '"'d.Ygy'y ty l e r ; Customer Name: City of El Segundo Concurrent Users: 25 Y '•. r f,. :, "via_ ' Date: November 13, 2006 •y; '.{,i'F,¢¢ '�ry�ky{. {.7if {�Cy�:•' , }{:;:;:•:k} .y �,,';•,•',• {$ t��}'.y:F� Estimated gYrSY,k;' w {:.1: Y A sk ��w�,;., ' k vY #,.�Z +.:}�.'•Y`h' ;�t:'k�kK' �v��ti }'•!j: '''L `f} � ?� •k�� .��• {�. )'� rkay., RF 3 5 1 Eden Systems, Inc.; 1100 Oakesdale Ave SW; Renton, WA 98055; (800) 328.0310; sales @edeninc.com Customer Price Quotation - Standard Implementation **" ty l e r ; Customer Name: City of El Segundo Concurrent Users: 25 Y '•. r f,. :, "via_ ' Date: November 13, 2006 Estimated Service Charges License Fee (Training, Data Estimated Support Discount Total Product Conv, & Proj Expenses & Product Description Basis Percent Fees Mgmt) Taxes Total Eden Systems - System, Database, OS Setup System Administration $ $ 1,000.00 $ $ 1,000.00 Database Setup $ $ 1,000.00 $ $ 1,000.00 Web Install & Setup $ Eden Systems - Financial Applications Core Financials - GLIAPIPG $ 36,000.00 100% $ $ 91000.00 $ 3,200.00 $ 12,200.00 Budget Preparation $ 12,000.00 100% $ $ 1,000.00 $ 1,000.00 Requisitioning $ 4,500.00 100% $ $ 500.00 $ 500.00 ccounts Receivable $ 9,600.00 100% $ $ 2,000.00 $ 250.00 $ 2,250.00 ash Receipting Interface $ 5,000.00 100% $ 2,000.00 $ 250.00 $ 2,250.00 Contract Management DEN Cashiering $ Cashiering Hardware $ Eden Systems - Personnel Applications Human Resources $ 22,000.00 100% $ $ 7,000.00 $ 2,700.00 $ 9,700.00 Payroll $ 30,000.00 100% $ $ 13,000.00 $ 2,700.00 $ 15,700.00 Position Budgeting Web Extension - HR Eden Systems - Citizen ServlcesApplications Other Products & Services A State Package $ 5,000.00 $ $ $ 5,000.00 Crystal License $ 1,200.00 $ 1,200.00 Crystal Beginner Class $ 4,000.00 $ 1,350.00 $ 5,350.00 Other Eden Services Total Standard Forms $ 6,600.00 $ 6,600.00 $ - $ 6,600.00 Project Management (NOTE 2) $ 9,000.00 $ 9,000.00 rd Party Products GSA Master Series SubTotal $125,700.00 $ 12,800.00 $ 49,500.00 $ 10,450.00 $ 72,750.00 Grand Total $ 12,800.00 $ 49,500.00 $ 10,450.00 $ 72,750.00 Eden Standard Support - All Products 25,140.00 Third Party Direct Support 240.00 Crystal Software Assurance $ Disaster Recovery Services (DRS) $ Escrow Service for Source Code $ Support Pl.us $ SIDBA (Ops System and DataBase Su ort $ All prices except for those marked as 'Estimated are good for 120 days from the above date. "Estimated' quotes are subject to immediate change without notice. Eden Systems offers software support on items under the 'Eden' categories. Software support begins upon productive use of the software module. For new customers the amount shown in the "Standard Support - Eden Products Only" inciudes'Support Plus'. Support and maintenance on all other items is offered directly by the supplier or manufacturer. All client computers must meet the minimum client hardware and software requirements defined by Eden. Sales taxes Will be charged to Washington customers. Estimated costs of Travel and Expenses includes estimated charges for travel to and from the customer site. Address Services (CASS) is only available as an lion on the Utility Billing module. Basic Project Management cost is a fixed cost for the project. Usual payment milestones are 25% @ project Ian; 50% @ first go live; },. {; X: 3 5 6 Eden Systems, Inc.; 1100 Oakesdale Ave SW; Renton, WA 98055; (800) 328-0310; sales @edeninc.com t I e r ' *`* Estimated Training - Install - Conversion Days *" y Customer Name: City of El Segundo Concurrent Users: 25 Date: November 13, 2006 Installation, Other {{ }` . Data Conv Consulting Total Services Product Description 3 5 6 Eden Systems, Inc.; 1100 Oakesdale Ave SW; Renton, WA 98055; (800) 328-0310; sales @edeninc.com t I e r ' *`* Estimated Training - Install - Conversion Days *" y Customer Name: City of El Segundo Concurrent Users: 25 Date: November 13, 2006 Installation, Other On Site Training, Off- Data Conv Consulting Total Services Product Description Trips site prep days Days Days Days Eden Systems - System, Database, OS Setup System Administration 1.0 1.0 Database Setup 1.0 1.0 Web Install & Setup 1.0 1.0 Eden Systems - Financial Applications Core Financials - GLIAP /PG 2.0 8.0 1.0 9,0 Budget Preparation 1.0 1.0 1.0 Requisitioning 1.0 0.5 0.5 ccounts Receivable 1.0 2.0 2.0 ash Receipting Interface 2.0 2.0 ontract Management den Systems - Personnel Applications Human Resources 1.0 6.0 1.0 7.0 Payroll 4.0 8.0 5.0 13.0 Position Budgeting eb Extension - HR Eden Systems - Citizen Services Applications Other Products & Services Crystal Beginner Class 1 4.0 4.0 Other Eden Services 3rd Party Products Total 11.0 34.5 7.0 41.5 (though quotes for services are provided here as our best estimate of what it will take to properly train your personnel in a 'train the trainer' setting, such quotations are of a guarantee that quoted services will match the skill and requirements of your staff and that additional services might not be needed. For all services quoted here Eden Systems commits to deliver the exact number of days for the exact dollars quoted. All additional services beyond those shown in this quotation must first be authorized by the customer and will be provided by Eden Systems at its then going hourly rate. Airfare ,�.y; ,Y��'.£•.'. Y `� ��' t• .$;�, , : mss? �• � k .: f •: sat; � �;n.. �;... ,s �. ,,�;� ik$r, ��'�'..s2•.��.M.� EDEN Business Travel Policy 3516..-.-j All airfare will be booked Economy Class, with best efforts to make reservations 2 — 4 weeks in advance for best pricing. All air tickets will be booked "non refundable" to minimize ticket costs. If change fees or other additional charges are incurred as a result of Client rescheduling, cancellations, or other factors that impact the planned dates for a trip, the Client will be billed for those charges. Airport Parking Client is billed for the cost of on- airport long term parking costs incurred while staff is traveling to client site. Mileage Federal Government Rate Tyler employee mileage to the airport, train terminal, etc. for the client trip will be billed at the IRS designated reimbursement rate per mile. Actual mileage for the employee travel to the site will be billed at the IRS rate if not traveling by air, rail, etc. Airport Shuttle If Tyler employee uses the service of an airport shuttle, this amount will not exceed the standard rate for airport parking (as noted above) plus mileage to and from the airport. Car Rental Tyler has negotiated rates with national automobile rental companies to minimize car rental fees. Actual cost of car rental, taxes, refueling costs etc. will be billed to the Client. Hotel /Motel Tyler employees will stay at medium -class hotels /motels (less than 4 stars) when available. 4 or 5 Star hotels /motels may be selected if, during promotional times, prices can be negotiated at rates similar to 3 star facilities. Meals Federal daily per diem rate for Client location will apply. Per diem will include travel time to and from the Client location. Miscellaneous All direct expenses not included above will be billed to the Client. This includes but is not limited to such items as internet connectivity (if not included free in the cost of hotel) and any other incidentals such as copies, supplies, road tolls, local parking fees, etc. directly related to time spent on site. WOW �>E'2Y. �.3Y� � •,�:v,`CG FN••,i{.' � ^{ •'},i{:n .':�.+:k'S:Y�rO �,�i�.�• � $:lk ''+a +:.�Yi Payment Terms: 35 1 6., . S License fees: 100% ($12,800) due and payable upon execution of the Agreement Training and Conversion fees: ($40,500) billed as provided, payable 30 days thereafter Project Management fees: ($9,000) billed as provided, payable 30 days thereafter Travel expenses: ($10,450) billed as incurred, payable 30 days thereafter Year 1 maintenance fees: 100% ($25,380) due and payable on the first day of training (by module) iii : •r +: 35 1 6., . S License fees: 100% ($12,800) due and payable upon execution of the Agreement Training and Conversion fees: ($40,500) billed as provided, payable 30 days thereafter Project Management fees: ($9,000) billed as provided, payable 30 days thereafter Travel expenses: ($10,450) billed as incurred, payable 30 days thereafter Year 1 maintenance fees: 100% ($25,380) due and payable on the first day of training (by module) 3 5 .. 0 El Segundo Eden Upgrade Project Scope The scope of this project is to migrate existing Eden Classic functionality from the UNIX/Informix platform to a Windows/SQL platform. Eden modules will be implemented in a phased approach. Due to inherent dependencies of modules, Tyler Technologies /Eden may move certain modules from one phase to another as needed. Upon completion of implementation, Eden will provide training hours per the attached quotation dated November 13, 2006. Phase 1: General Ledger Accounts Payable Purchasing Phase 2: Requisitioning Human Resources Payroll Cash Receipting Interface Phase 3: Budget Preparation Accounts Receivable Crystal Reports Training Page I Revision Date 01/08/2007, 7:58 am