HomeMy WebLinkAbout20240389.tiff&fl+va cf tt$fl8 28
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE:
DEPARTMENT: Information Technology
PERSON REQUESTING: Ryan Rose enlaa.
Public E -Recording functionality for Clerk and Recorder's Office
DATE: 1/23/24
Brief description of the problem/issue:
The Clerk and Recorder's office uses Tyler Records Management software to manage Recorded Documents This agreement would add the ability for
the public to use E -Recording functionality for real estate documents, which over time, should reduce the number of people that must physically come to
the office to record documents This agreement has been reviewed by IT and the Weld County Attorney, and is budgeted for as part of the Annual IT
Project Budget.
What options exist for the Board?
1) Approve the agreeement to implement new functionality
2) Schedule a work session
Consequences:
This is new functionality
Impacts:
Eventually this could result in fewer people having to physically come to the Clerk and Recorders office to record documents.
Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years:
$6,100 in year 1, $2,500 per year ongoing
Recommendation:
It is the recommendation of the Recording Department and the IT Department to approve this agreement
Perry L. Buck, Pro -Tern
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Saine
Support Recommendation Schedule
Place on BOCC Agenda Work Session
mF
via , mace
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Other/Comments:
2024-0389
Karla Ford
From:
Sent:
To:
Subject:
Approve - thanks
Scott James
Thursday, February 8, 2024 12:05 PM
Karla Ford
Re: Please Reply - PA Public E Recording Functionality for C&R Office
Scott K. James
Weld County Commissxor er, District 2
1150 O Street, P.O. Box -58, Greeley, Colorado 80632
970.336.7204 (Office)
970.381.7496 (Cell)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or
entity to which it is addre: sed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you
have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any
disclosure, copying, distrbution or the taking of any action concerning the contents of this communication or any attachments by
anyone other than the named recipient is strictly prohibited.
On Feb 8, 2024, at 11:1)3 AM, Karla Ford <kford@weld.gov>wrote:
Please advise if you suaport recommendation and to have department place on the agenda.
Karla Ford 7,
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 753, Greeley, Colorado 80632
:: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
<imageOO1.jpg>
Confidentiality Notice: This etc tropic transmission and any attached documents or other writings ore intended only for the person or entity to which it is addressed
and may contain information bat is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of
this communication or any attvchments by anyone other than the named recipient is strictly prohibited.
<4183_001.pdf>
1
Karla Ford
From:
Sent:
To:
Subject:
yes
Lori Saine
Weld County Commissioner, District 3
1150 O Street
PO Box 758
Greeley CO 80632
Phone: 970-400-4205
Fax: 970-336-7233
Email: Isaine(thweldgov.com
Website: www.co.weld.co.us
In God We Trust
Lori Saine
Thursday, February 8, 2024 5:41 PM
Karla Ford
RE: Please Reply - PA Public E Recording Functionality for C&R Office
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Karla Ford <kford@weld.gov>
Sent: Thursday, February 8, 2024 11:34 AM
To: Kevin Ross <kross@weld.gov>; Scott James <sjames@weld.gov>; Lori Saine <lsaine@weld.gov>
Subject: Please Reply - PA Public E Recording Functionality for C&R Office
Please advise if you support recommendation and to have department place on the agenda.
Karla Ford X
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford(c�weldgov.com :: www.weldgov.com
1
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••••'••• tyler
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!� technologies
AMENDMENT
This amendment ("Amendment") is effective as of the date of signature of the last party to sign as
indicated below ("Amendment Effective Date"), by and between Tyler Technologies, Inc. with offices at
One Tyler Drive, Yarmouth, Maine 04096 ("Tyler") and Weld County, Colorado, with offices at 915 19th
Street, Greeley, Colorado 80631 ("Client").
WHEREAS, Tyler and the Client are parties to an agreement dated August 17, 2011 ("Agreement"); and
WHEREAS, Tyler and Client desire to amend the terms of the Agreement as provided herein.
NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client
agree as follows:
1. The items set forth in the sales quotation attached as Exhibit 1 to this Amendment are hereby
added to the Agreement. Payment of fees and costs for such items shall conform to the
following terms:
a. Subscription Fees. Subscription fees for the Tyler Software added herein shall be
invoiced when Tyler makes the software available for download by the client, or on the
first day of the month following the date of execution of this proposal, whichever is
later. Subsequent annual fees, at Tyler's then -current rates, shall be invoiced on an
annual basis in advance of each anniversary of the initial invoice date.
b. Services. Services identified at Exhibit 1 and added to the Agreement pursuant to this
Amendment, along with applicable expenses, shall be invoiced as provided and/or
incurred.
c. Transaction Fees. Transaction fees will be paid by the end user at the time of the
transaction.
2. Client's use of Tyler Payments and any related items included on this order is subject to
the terms attached to this Amendment as Exhibit 2.
3. This Amendment shall be governed by and construed in accordance with the terms and
conditions of the Agreement.
4. Except as expressly indicated in this Amendment, all other terms and conditions of the
Agreement shall remain in full force and effect.
1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth
below.
BOARD OF COUNTY COMMISSIONERS
Tyler Technologies, Inc. Weld County, Colorado
SirCbdAE
By. ‘,441/4
By:
Name: Gus Tenhundfeld
Title: Inside Sales Manager
Date: 12/31/2023
2
Name: Perry L. Buck , Weld County Board of Commissioners
Title: Chair Pro-Tem
Date: 02/14/2024
ATTEST: "424,!
Weld C u y Clerk
BY:
Cise4 .1)
to he Board
020024- 403 7
Exhibit 1
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•••'•• tyler
• technologies
Exhibit 1
Amendment Investment Summary
The following Amendment Investment Summary details the software, products, and services to be
delivered by us to you under the Amendment. This Amendment Investment Summary is effective as of
the Amendment Effective Date. Capitalized terms not otherwise defined will have the meaning assigned
to such terms in the Agreement. In the event of conflict between the Agreement and terms in the
Comments section of this Investment Summary, the language in the Agreement will prevail.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
3
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tyler
technologies
Sales Quotation For:
Weld County
915 10th St
Greeley, CO 80631
Phone: +1 (970) 356-4000
Tyler Software and Related Services - Annual
Quoted By:
Quote Expiration:
Quote Name:
Erin Walker
7/20/22
Weld County, CO - Recording
Access
Description
Annual Fee
Records Managemen
Recording Access
TOTAL
Transaction Fees
$ 2,500
Description
Tansaction Fees
Payments Core
Professional Services
Please see below for additional
details
Description
Extended Price Maintenance
2022-299863-B9RSNO
Page 1
Professional Services
Summary
Total Tyler Software
Total Annual
Total Tyler Services
Total Third -Party Hardware, Software, Services
Summary Total
Contract Total
Total Hours 24
TOTAL $ 3,600
One Time Fees
$0
$0
$ 3,600
$0
$ 3,600
$ 6,100
Recurring Fees
$0
$ 2,500
$0
$0
$ 2,500
Recording Access Technology Fee $3.00
($3.00 technology fee will be charged to the submitter and applied to
each document submitted via Recording Access)
Unless otherwise indicated in the contract or Amendment thereto, pricing for Optional items will be held for six (6) months from the Quote Date or the Effective
Date of the Contract, whichever is later.
PLEASE NOTE: Per agreement between Tyler Technologies and Weld County, initial invoice for annual subscription fee will be first payable when Tyler makes the
software available for download by the client, or on the first day of the month following the date of execution of this proposal, whichever is later.
Customer Approva
All primary values quoted in US'Oollars
2022-299863-B9R5NO
Print Name: Perry L. Buck, Chair Pro-Tem, Board of
Weld County Commissioners
$
0
Page 2
Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement
("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions
herein, shall conform to the following terms:
• License fees for Tyler and third party software are invoiced upon the earlier of (I) deliver of the license key or (ii) when Tyler makes such
software available for download by the Client;
• fees lur Irdr uwdr e (Alt' IiivulLed upuii �Iclivc1 y,
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware;
• Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available
for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and
Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter
in accord with the Agreement.
• Fees for services included in this sales quotation shall be invoiced as indicated below.
o Implementation and other professional services fees shall be invoiced as delivered
o Fixed -fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50%
upon delivery of custom desktop procedures, by module.
o Fixed -fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to
load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will
invoice Client the actual services delivered on a time and materials basis.
o Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where
"Project Planning Services' are provided, payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated
Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following
initiation of project planning.
o If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement.
o Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations:
Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining
50%, by line item, will be billed upon the go -live of the applicable product suite. Tyler will invoice Client for any Project Management Fees
listed above upon the go -live of the first product suite.
• Expenses associated with onsite services are invoiced as incurred.
• Travel Expenses will be billed as incurred according to Tyler's standard business travel policy.
2022-299863-B9R5N0 Page 3
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Recording Access
Project Objective
Enables local and small filers to electronically submit documents to the County Recorder
office. This feature allows your local community to file documents online with Credit Card
and eCheck options to streamline recordings and increase online offerings and
automated processes.
Project Overview
• Create online portal access for citizens (small filers) to file documents.
• Connect citizen portal to Eagle Recorder.
• Ensure accounts and workflows are mapped.
• Configure payment options for online payments.
Partner with Tyler's payment services to complete this activity.
Project Prerequisites and Requirements
• Eagle Recorder must be on version 2020.2 or greater.
• Activate eRecording webservices. Requires an open portal to access the
eRecording server.
Requires eRecording and eRecording workflows be configured.
• Requires an agreement with Tyler's merchant provider.
(-J
Determine payment options (credit card and/or eCheck options)
• Provide a Memorandum of Understanding (MOU). (optional). If not
desired, Tyler will provide terms and conditions.
• Define document types desired for eRecording.
Standard Supported FRIA Types:
• AbstractofJudgment
• AffidavitofDeath
■ AssignmentofDeedofTrust
• BargainAndSaleDeed
• BlanketAssignment
• Deed
• DeedOffrust
■ FederalTaxLien
• Judgment
■ ModificationAgreementOrConsolidationAgreements
■ Mortgage
• PowerofAttorney
rn ey
■ QuitClaimDeed
■ Reconveyance
■ ReleaseofFederalTaxLien
• ReleaseofStateTaxLien
■ SatisfactionOfLien
• SatisfactionofMortgage
• StateTaxLien
■ SubordinateLienAgreement
• SubstitutionofTrustee
• TreasurersTaxLien
• WarrantyDeed
Determine fees needed for each document.
Determine workflows desired to use for eRecording packages.
Outside of Project Scope
• Creation of county MOU is not provided by Tyler.
• Non-UCC forms. Including. new form creation filings
• additional document types (non -PR IA types).
• F-ouse Account support for non -government -to -government filings.
• Creation of new workflows not defined in the project scope/schedule.
Methodology/Process
Task
Owner
Task
Project
Kickoff
Tyler
Froject
Manager
Tyler
Implementation
Consultant
Conduct
Requirements
Business
Process
Evaluation
and
Review
Custoner
Recording
Access Configuration
Tyler
Implementation
Consultant
i
Tyler
Implementation
Consultant
Eagle
Recorder
Connection
Connect
Payment
Information
Tyler
Implementation
Consultant
Custoner
Test
Features,
Functionality
and
Business
Processes
Custoner
_ _
Perform
Acceptance
Criteria
Acceptance
The following process will be used for accepting Deliverables and Control Points:
1. Customer shall have five (5) business days from the date of delivery, or as otherwise
mutually agreed upon by the parties in writing, to accept each Deliverable or Control
Point. If Customer does not provide acceptance or acknowledgement within five (5)
business days, or the otherwise agreed upon timeframe, not to be unreasonably
withheld Tyler deems the Deliverable or Control Point as accepted.
2. If Customer does not agree the particular Deliverable or Control Point meets
requirements, Customer shall notify Tyler project manager(s), in writing, with reasoning
within five (5) business days, or the otherwise agreed -upon timeframe, not to be
unreasonably withheld, of receipt of the Deliverable.
3. Tyler shall address any deficiencies and redeliver the Deliverable or Control Point.
Customer shall then have two (2) business days from receipt of the redelivered
Deliverable or Control Point to accept or again submit written notification of reasons for
rejecting the milestone. If Customer does not provide acceptance within two (2) business
days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler
deem the Deliverable or Control Point as accepted.
Additional Notes
The enclosed scope is good -faith estimate. Any changes in scope may require an additional
scope of work with additional cost. Any additional consultation from Tyler may increase scope
and may require additional billable time done on a time and materials basis.
Tyler Payments
• Your use of Tyler Payments and any related items included on this order is subject to
the terms found at: https://www.tylertecri.com/terms/payrnent-card-processingagreement.
By signing this order or the agreement in which it is included, you agree you have read,
understand,
and agree to such terms.
• Fees for year one of hardware maintenance are invoiced upon delivery of the
hardware, with subsequent years' fees billed annually, in advance (if required).
• Please see Tyler Payments fee schedule below.
If
Electronic
passing
transaction
Payment
costs
Costs
to the
payer
Technology -ee
— Flat
be
fee
passed
per
document,
to
submitter
payable
or absorbed
to
Tyler
by County.
$3.00
Technologie
J. Can
Payer Card Cost
—
per card
Express
transaction
with
Visa,
MasterCard,
3.50%
per transaction
Discover, ani
American
Payer eChecr Cost
—
per electronic
check
transaction
$1.95
Miscellaneous
Costs
Credit Card Chargebacks
— if
stolen
a
card
card)
payer
disputes
a transaction at
$15.00
the card
issuing
bank
(e.g.
eCheck Rere -ts
—
when
an
check)
eCheck
transaction
comes
back
as
$5.00
declined
(e.{.
bounced
Exhibit 2
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tyler
..•.
• technologies
Exhibit 2
Payment Processing Agreement
This Payment Processing Agreement (this "Processing Agreement") is made and entered into by and
between Tyler Technologies, Inc., a Delaware corporation ("Tyler"), and Client (the "Merchant").
1. ACKNOWLEDGEMENTS
By executing this Processing Agreement or an accompanying Order Form, Merchant is
contracting with Tyler to obtain Card processing services on Merchant's behalf.
b. Merchant acknowledges that Tyler contracts with a payment processor (a "Processor"),
Members, and other third party providers to provide services under this Processing Agreement,
and Merchant hereby consents to the use of such Processor, Members, and others to provide
such services.
c. To the extent elected in the Order Form, Tyler will provide Client with eCheck/ACH payment
processing services for any eligible account as a turn -key solution or by presenting ACH
Transactions in a NACHA Standard file submission to Merchant's Originating Depository
Financial Institution (ODFI) as agreed to in the Order Form. ACH Transactions and Card
Transactions may collectively be referred to as "Transactions."
2. MEMBER BANK AGREEMENT REQUIRED
When Merchant's customers pay Merchant through Tyler, Merchant may be the recipient of a
Card funded payment. The organizations that operate these Card systems (such as Visa U.S.A.,
Inc. and MasterCard International Incorporated; collectively, the "Associations") require that
Merchant (i) enter into a direct contractual relationship with an entity that is a member of the
Association and (ii) agree to comply with Association Rules as they pertain to applicable Card
Transactions that Merchant submits through Tyler.
b. Merchant shall complete an application with the Member with which Tyler has contracted and
execute an agreement with such Member (the "Member Bank Agreement"). By executing a
Member Bank Agreement, Merchant is fulfilling the Association Rule of entering into a direct
contractual relationship with a Member, and Merchant agrees to comply with Association Rules
as they pertain to Card Transactions Merchant submits for processing through the Tyler service.
c. Merchant acknowledges that Tyler may have agreed to be responsible for some of Merchant's
obligations to a Member for such Transactions as set forth in the Member Bank Agreement.
Member should debit the Merchant Account for chargebacks, returns, refunds and other fees,
however, in the event Member assesses any such chargeback, returns, refunds, or other fees to
Tyler, Tyler shall invoice the same to Merchant.
3. SETTLEMENT AND CHARGEBACKS
4
Exhibit 2
a. Merchants Bank Account. In order to receive funds, Merchant must maintain a bank account
(the "Merchant Bank Account") at a bank that is a member of the Automated Clearing House
("AaI") system and the Federal Reserve wire system. Merchant agrees not to close the
Merchant Bank Account without giving Tyler at least thirty (30) days' prior written notice and
substituting another bank account. Merchant is solely liable for all fees and costs associated
with Merchant Bank Account and for all overdrafts. Tyler shall not be liable for any delays in
receipt of funds or errors in bank account entries caused by third parties, including but not
limited to delays or errors by the Member Bank or payment processor to Merchant Bank
Account.
b. SettLment. Transactions shall be settled according to the terms of the Member Bank
Agreement using the account(s) which are designated by Merchant.
c. Chargebacks and Refunds. Chargebacks, returns and refunds paid for ACH Transactions shall be
paid by Merchant in accordance with the Member Bank Agreement.
d. Retrieval Requests. Merchant is required by the Associations to store original documentation,
and to timely respond to Retrieval Requests, of each Transaction for at least six months from the
dateof the respective Transaction, and to retain copies of all such data for at least 18 months
from the date of the respective Transaction. Merchant is responsible for any Chargebacks that
result from Merchant's failure to timely respond to Retrieval Requests for documentation
relatng to a Transaction.
4. FEES AND NVOICING
Order Form. Merchant agrees to pay Tyler the fees set forth in or attached to the Order Form
for services provided by Tyler and to which this Agreement is hyperlinked or attached. This may
include fees for Payment Service Devices or other Equipment that Merchant has elected to
purchase or rent as set forth on the Order Form. Fees for purchase will be invoiced upon
shipment and Fees for rental will be invoiced annually in advance. All Fees due hereunder are
due within 45 days of invoice. The terms and conditions of such purchase or rental are set forth
on Exhibit A attached hereto and incorporated herein.
b. Adjustments to Pricing. By giving written notice to Merchant, Tyler may change Merchant's fees,
charges and discounts resulting from (i) changes in Association fees (such as interchange,
assemments and other charges); (ii) changes in pricing by any third party provider of a product
or service used by Merchant; or (iii) other market adjustment. Such new prices shall be
appltable as of the effective date established by the Association or third party provider, or as of
any later date specified in Tyler's notice to Merchant. In addition, Tyler may update pricing for
rental of Equipment by giving written notice to Merchant at the end of any initial rental term or
when such Equipment is upgraded to a newer model or replaced in accordance with the pricing
set forth on Tyler's then -current Order Form.
c. Payment of Fees.
Online Payments. For payments that are initiated online, a convenience fee or service
fee may be assessed to the Cardholder for each payment transaction that is paid
electronically using a credit or debit card. Such convenience fee or service fee is set
forth in the Order Form and will be charged at the time of the transaction to be
5
Exhibit 2
deposited directly into a Tyler bank account from which all fees associated with
processing and settling the Card Transactions will be paid.
ii. Over the Counter Payments. For payments that are initiated in your offices, a service fee
may be assessed to the Cardholder for each payment transaction as set forth in the
Order Form, and such fees will be charged at the time of the transaction to be deposited
directly into a Tyler bank account from which all fees associated with processing and
settling the transactions will be paid. For all other fees, Tyler shall invoice Merchant for
services and service fees on a monthly basis, unless otherwise set forth in the Order
Form. Each invoice shall state the total invoiced amount and shall be accompanied by a
reasonably detailed itemization of services and service fees. Following receipt of a
properly submitted invoice, the Merchant shall pay amounts owing therein thirty (30)
days in arrears.
iii. Absorbed Payments. For payments that are initiated online and/or in -person, the
Merchant may elect to pay for all fees related to the transaction including, without
limitation, interchange fees, dues, assessments, card brand fees, and Tyler fees.
iv. eCheck/ACH Payments. In addition, Tyler shall be authorized to charge eCheck/ACH fees
and other fees specified in an Order Form to the end user. Unless otherwise set forth in
the Order Form, fees will be charged at the time of the transaction to be deposited
directly into a Tyler bank account.
5. LICENSE
Tyler hereby grants Merchant a non-exclusive, revocable license to use the Tyler Intellectual Property
(as defined in Section 10(c) for the limited purpose of performing under this Processing Agreement.
Merchant shall at all times be responsible for compliance with applicable law and Association Rules.
Unless otherwise provided in a separate agreement between Tyler and Merchant, any Intellectual
Property or machinery provided by Tyler, but not developed by Tyler, is being licensed or purchased by
Merchant directly from the manufacturer or developer of such machinery or Intellectual
Property. Merchant acknowledges that the license granted herein is limited to Merchant's use
exclusively and that Merchant does not have the right to sub -license any of the Intellectual Property in
either their original or modified form. Merchant agrees that it shall not reverse -engineer, disassemble
or decompile the Intellectual Property. Merchant shall not give any third party, except Merchant's
employees, access to the Intellectual Property without Tyler's prior written consent.
6. THIRD PARTY PROVIDERS
Tyler may, in its sole discretion, contract with alternate Members, payment processors or other third
party providers to provide services under this Processing Agreement. In such event, Merchant shall
reasonably cooperate with Tyler, including the execution of a new Member Bank Agreement by
Merchant; provided, however, that if the terms and conditions of the new Member Bank Agreement are
substantially different than Merchant's existing Member Bank Agreement, then Merchant shall have the
right to terminate this Processing Agreement.
7. CONFIDENTIAL AND PROPRIETARY INFORMATION
6
Exhibit 2
a. Protection of Tyler Confidential and Proprietary Information. Merchant shall not disclose,
disseminate, transmit, publish, distribute, make available, or otherwise convey Tyler
Confidential and Proprietary Information, and Merchant shall not use, make, sell, or otherwise
exploit any such Tyler Confidential and Proprietary Information for any purpose other than the
performance of this Processing Agreement, without Tyler's written consent, except: (a) as may
be required by law, regulation, judicial, or administrative process; or (b) as required in litigation
pertaining to this Processing Agreement, provided that Tyler is given advance notice of such
intended disclosure in order to permit it the opportunity to seek a protective order. Merchant
shall ensure that all individuals assigned to perform services herein shall abide by the terms of
this Section 7(a) and shall be responsible for breaches by such persons.
b. Judicial Proceedings. If Merchant is requested or required (by oral questions, interrogatories,
requests for information or documents in legal proceedings, subpoena, civil investigative
demand, or other similar process) to disclose any Tyler Confidential and Proprietary Information,
Merchant shall provide Tyler with prompt written notice of such request or requirement so that
Tyler may seek protective orders or other appropriate remedies and/or waive compliance with
the provisions of this Processing Agreement. If, in the absence of a protective order or other
remedy or the receipt of a waiver by Tyler, Merchant nonetheless is legally compelled to
disclose Tyler Confidential and Proprietary Information to any court or tribunal or else would
stand liable for contempt or suffer other censure or penalty, Merchant may, without liability
hererr, disclose to such court or tribunal only that portion of Tyler Confidential and Proprietary
Information which the court requires to be disclosed, provided that Merchant uses reasonable
efforts to preserve the confidentiality of Tyler Confidential and Proprietary Information,
including, without limitation, by cooperating with Tyler to obtain an appropriate protective
order or other reliable assurance that confidential treatment shall be accorded Tyler
Confidential and Proprietary Information.
c. Security of User IDs and Passwords. Merchant is solely responsible for maintaining the
confidentiality of its user IDs and passwords and all activities that occur under Merchant's user
IDs, even if fraudulent or not authorized by Merchant. Merchant acknowledges the heightened
risk associated with access to its User IDs, passwords, transaction and account information
(collectively, "Account Information"). Merchant represents and warrants that (i) Merchant will
comply with applicable Association Rules and applicable law, (ii) Merchant will establish policies
and procedures to protect such information in conformity with Association Rules and applicable
law, ircluding the storage and disclosure of such Account Information, (iii) Merchant will
exercise reasonable care to prevent use or disclosure of Account Information. Merchant, and
not Tyler, will be solely responsible for all activity, including all approvals, Transactions,
chargebacks, returns and refunds processed, using Merchant's user IDs and passwords. If a
forersic investigation is initiated by a Card Network, Member, Tyler or Tyler's Processor, then
Merchant agrees to cooperate with such investigation until it is complete, including, without
limitation, by providing logs related to its User IDs and passwords and Merchant's compliance
with Association Rules and applicable law.
8. REPRESENTATIONS AND WARRANTIES
7
Exhibit 2
No Actions, Suits, or Proceedings. There are no actions, suits, or proceedings, pending or, to the
knowledge of Tyler, threatened, that shall have a material adverse effect on Tyler's ability to
fulfill its obligations pursuant to or arising from this Processing Agreement.
b. Compliance with Laws. In performing this Processing Agreement, Tyler shall comply with all
applicable material licenses, legal certifications, or inspections. Tyler and Merchant shall comply
in all material respects with applicable federal, state, and local statutes, laws, ordinances, rules,
and regulations.
c. Ownership. Tyler is a Delaware corporation that is listed for trading on the New York Stock
Exchange.
d. Certain Business Practices. Neither Tyler nor any of its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Processing Agreement by any federal department or agency. Tyler further
represents and warrants that it is not listed on any local, state or federal consolidated list of
debarred, suspended, and ineligible contractors and grantees.
e. Equipment Manufacturer Warranties. Tyler will pass through to Merchant any applicable
manufacturer warranties that apply to Equipment purchased by Merchant through this
Agreement.
f. Disclaimer of Implied Warranties. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS
PROCESSING AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
TYLER HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES,
DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. LIMITATION OF LIABILITY
TYLER'S LIABILITY TO MERCHANT FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS
PROCESSING AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING
NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO THE TOTAL FEES PAID TO TYLER UNDER THIS
PROCESSING AGREEMENT (NET OF ASSOCIATION INTERCHANGE, ASSESSMENTS AND FINES) FOR THE SIX
MONTHS PRIOR TO THE TIME THE LIABILITY AROSE.
WHILE BOTH PARTIES ACKNOWLEDGE THAT THIS IS AN AGREEMENT FOR SERVICES TO WHICH THE
UNIFORM COMMERCIAL CODE DOES NOT APPLY, IN NO EVENT SHALL TYLER BE LIABLE FOR INCIDENTAL,
CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST
REVENUES OR PROFITS, OR LOSS OF BUSINESS OR LOSS OF DATA ARISING OUT OF THIS PROCESSING
AGREEMENT, IRRESPECTIVE OF WHETHER THE PARTIES HAVE ADVANCE NOTICE OF THE POSSIBILITY OF
SUCH DAMAGE.
10. INDEMNIFICATION
a. Chargebacks and Refunds. Merchant acknowledges that Tyler has agreed to be responsible for
some of Merchant's obligations to a Member for Transactions and Association Rules as set forth
in the Member Bank Agreement. Member should debit the Merchant Account for chargebacks,
returns, refunds, assessments, penalties and fines, and in the event Member assesses any such
8
Exhibit 2
amounts to Tyler, including any amounts in excess of the balance of the Merchant Account,
Tyler shall invoice the same to Merchant.
b. Applicable Law and Interpretations: To the extent permitted by Colorado law, Merchant shall
indemnify and hold harmless Tyler from and against any claim or action related to Merchant's
violation of applicable law and/or Association Rules including without limitation any election to
apply custom fee structures or customer surcharges.
c. Intellectual Property.
Tyler retains all ownership and copyright interest in and to any and all intellectual
property, computer programs, related documentation, technology, know how and
processes developed by Tyler and provided in connection with this Processing
Agreement (collectively, the "Intellectual Property"),
ii. Notwithstanding any other provision of this Processing Agreement, if any claim is
asserted, or action or proceeding brought against Merchant that alleges that all or any
part of the Intellectual Property, in the form supplied, or modified by Tyler, or
Merchant's use thereof, infringes or misappropriates any United States intellectual
property, intangible asset, or other proprietary right, title, or interest (including, without
limitation, any copyright or patent or any trade secret right, title, or interest), or violates
any other contract, license, grant, or other proprietary right of any third party,
Merchant, upon its awareness, shall give Tyler prompt written notice thereof. Tyler shall
defend, and hold Merchant harmless against, any such claim or action with counsel of
Tyler's choice and at Tyler's expense and shall indemnify Merchant against any liability,
damages, and costs resulting from such claim. Without waiving any rights pursuant to
sovereign immunity, Merchant shall cooperate with and may monitor Tyler in the
defense of any claim, action, or proceeding and shall, if appropriate, make employees
available as Tyler may reasonably request with regard to such defense. This indemnity
does not apply to the extent that such a claim is attributable to modifications to the
Intellectual Property made by Merchant, or any third party pursuant to Merchant's
directions, or upon the unauthorized use of the Intellectual Property by Merchant.
d. If the Intellectual Property becomes the subject of a claim of infringement or misappropriation
of a ODpyright, patent, or trade secret or the violation of any other contractual or proprietary
right of any third party, Tyler shall, at its sole cost and expense, select and provide one of the
following remedies, which selection shall be in Tyler's sole discretion: (a) promptly replace the
Intellectual Property with a compatible, functionally equivalent, non -infringing system; or (b)
promptly modify the Intellectual Property to make it non -infringing; or (c) promptly procure the
right of Merchant to use the Intellectual Property as intended.
11. TAXES
a. Tax Exempt Status. Merchant is a governmental tax-exempt entity and shall not be responsible
for any taxes for any Licensed Property or services provided for herein, whether federal or state.
The fees paid to Tyler pursuant to this Processing Agreement are inclusive of any applicable
sales, use, personal property, or other taxes attributable to periods on or after the Effective
Date of this Processing Agreement.
9
Exhibit 2
b. Employee Tax Obligations. Each party accepts full and exclusive liability for the payment of any
and all contributions or taxes for Social Security, Workers' Compensation Insurance,
Unemployment Insurance, or Retirement Benefits, Pensions, or annuities now or hereafter
imposed pursuant to or arising from any state or federal laws which are measured by the wages,
salaries, or other remuneration pay to persons employed by such party for work performed
under this Processing Agreement.
12. TERM, SUSPENSION, AND TERMINATION
Term. The term of this Processing Agreement (the "Term") shall commence on the Effective
Date and shall continue in effect for three years unless otherwise set forth on an Order Form;
provided, however, that at the end of such initial term, and on each subsequent anniversary of
the Effective Date, the term shall automatically extend for an additional year unless either party
provides, at least ninety (90) days prior to the end of the then current term, written notice that
it does not wish to extend the term or otherwise terminates the agreement for Cause pursuant
to Section 12(b).
b. Termination for Cause. Either party may terminate this Processing Agreement for Cause,
provided that such party follows the procedures set forth in this Section (b).
i. For purposes of this Section, "Cause" means either:
A. a material breach of this Processing Agreement, which has not been cured
within ninety (90) days of the date such party receives written notice of such
breach;
B. the failure by Merchant to timely pay when due any fees owed to Tyler pursuant
to this Processing Agreement and any delinquent amounts remain outstanding
for a period of thirty (30) days after Tyler provides written notice of its intent to
terminate for failure to pay;
C. breach of Section 7; or
D. if Tyler becomes insolvent or bankrupt, or is the subject of any proceedings
relating to its liquidation or insolvency or for the appointment of a receiver or
similar officer for it, has a receiver of its assets or property appointed or makes
an assignment for the benefit of all or substantially all of its creditors, or
institutes or causes to be instituted any proceeding in bankruptcy or
reorganization or rearrangement of its affairs.
ii. No party may terminate this Processing Agreement under Section 12 b(i)(A) unless it
cooperates in good faith with the alleged breaching party during the cure period and
complies in good faith with the dispute resolution procedures set forth in Section 13
following such period.
iii. In the event either party terminates this Processing Agreement pursuant to this Section
(b), each party shall return all products, documentation, confidential information, and
other information disclosed or otherwise delivered to the other party prior to such
termination, all revocable licenses shall terminate.
10
Exhibit 2
c. Survrval. The following provisions shall survive after the Term of this Processing Agreement: 2(c);
3; 4); 7; 10; 11; 12; 13; 14; and 15.
13. DISPUTE RESOLUTION
Any dispute arising out of, or relating to, this Processing Agreement that cannot be resolved within five
(5) Business Days shall be referred to the individual reasonably designated by Merchant and Tyler's
representative assigned to Merchant's account ("Intermediary Dispute Level"). Any dispute that cannot
be resolved in ten (10) Business Days at the Intermediary Dispute Level shall then be referred to
Merchant's thief executive officer or other individual reasonably designated by Merchant and Tyler's
applicable division President ("Executive Dispute Level"), at such time and location reasonably
designated by the parties. Any negotiations pursuant to this Section are confidential and shall be treated
as compromise and settlement negotiations for purposes of the applicable rules of evidence. For any
dispute that:he parties are unable to resolve through informal discussions or negotiations or pursuant
to the dispute resolution and escalation procedures set forth in this Processing Agreement, the parties
shall submit :he matter to non -binding mediation prior to the commencement of any legal proceeding.
The foregoing shall not apply to claims for equitable relief under Section 7.
14. MISCELLANEOUS
a. Assignment. Neither party may assign this Processing Agreement or any of its respective rights
or obligations herein to any third party without the express written consent of the other party,
whim consent shall not be unreasonably withheld.
b. Cumulative Remedies. Except as specifically provided herein, no remedy made available herein
is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative
and shall be in addition to every other remedy provided herein or available at law or in equity.
c. Notices. Except as otherwise expressly specified herein, all notices, requests or other
communications shall be in writing and shall be deemed to have been given if delivered
personally or mailed, by certified or registered mail, postage prepaid, return receipt requested,
to the parties at their respective addresses set forth on the signature page hereto, or at such
other addresses as may be specified in writing by either of the parties. All notices, requests, or
communications shall be deemed effective upon personal delivery or three (3) days following
deposit in the mail. Notwithstanding the foregoing, notice shall be deemed delivered when
provded in connection with billing or invoicing.
d. Courterparts. This Processing Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
e. Waiver. The performance of any obligation required of a party herein may be waived only by a
written waiver signed by the other party, which waiver shall be effective only with respect to the
specific obligation described therein.
f. Entire Agreement. This Processing Agreement constitutes the entire understanding and contract
between the parties and supersedes any and all prior or contemporaneous oral or written
representations or communications with respect to the subject matter hereof, including an
agreement for other Tyler software or services with which Tyler Payments is included.
11
Exhibit 2
g.
Amendment. This Processing Agreement shall not be modified, amended, or in any way altered
except by an instrument in writing signed by the properly delegated authority of each party. All
amendments or modifications of this Processing Agreement shall be binding upon the parties
despite any lack of consideration.
h. Severability of Provisions. In the event any provision hereof is found invalid or unenforceable
pursuant to judicial decree, the remainder of this Processing Agreement shall remain valid and
enforceable according to its terms.
Relationship of Parties. The parties intend that the relationship between the parties created
pursuant to or arising from this Processing Agreement is that of an independent contractor only.
Neither party shall be considered an agent, representative, or employee of the other party for
any purpose.
1•
Governing Law. Any dispute arising out of or relating to this Processing Agreement or the breach
thereof shall be governed by the laws of the state of Merchant's domicile, without regard to or
application of choice of law rules or principles.
k. Audit. Tyler shall maintain complete and accurate records of all work performed pursuant to and
arising out of this Processing Agreement. Merchant may, upon the written request, audit any
and all records of Tyler relating to services provided herein. Merchant shall provide Tyler
twenty-four hour notice of such audit or inspection. Tyler shall have the right to exclude from
such inspection any Tyler Confidential and Proprietary Information not otherwise required to be
provided to Merchant as a part of this Processing Agreement. Any such audit shall be conducted
at Tyler's principal place of business during Tyler's normal business hours and at Merchant's sole
expense.
I. No Third Party Beneficiaries. Nothing in this Processing Agreement is intended to benefit, create
any rights in, or otherwise vest any rights upon any third party.
m. Contra Proferentem. The doctrine of contra proferentem shall not apply to this Processing
Agreement. If an ambiguity exists in this Processing Agreement, or in a specific provision,
neither the Agreement nor the provision shall be construed against the party who drafted the
Agreement or provision.
n. Force Majeure. No party to this Processing Agreement shall be liable for delay or failure in the
performance of its contractual obligations arising from any one or more events that are beyond
its reasonable control, including, without limitation, acts of God, war, terrorism, and riot. Upon
such delay or failure affecting one party, that party shall notify the other party and use all
reasonable efforts to cure or alleviate the cause of such delay or failure with a view to resuming
performance of its contractual obligations as soon as practicable. Notwithstanding the
foregoing, in every case the delay or failure to perform must be beyond the control and without
the fault or negligence of the party claiming excusable delay. Any performance times pursuant
to or arising from this Processing Agreement shall be considered extended for a period of time
equivalent to the time lost because of any delay that is excusable herein. This section does not
excuse any party from payment obligations under this Processing Agreement.
o. Equitable Relief. Each party covenants, represents, and warrants that any violation of this
Processing Agreement by such party with respect to its respective obligations set forth in
12
Exhibit 2
Section 7 shall cause irreparable injury to the other party and shall entitle the other party to
extraordinary and equitable relief by a court of competent jurisdiction, including, without
limitation, temporary restraining orders and preliminary and permanent injunctions, without
the necessity of posting bond or security.
15. CERTAIN DEFINITIONS
Association means a group of Card issuer banks or debit networks that facilitates the use of
payment cards accepted under this Processing Agreement for processing, including, without
limitation, Visa, U.S.A., Inc., MasterCard International, Inc., Discover Financial Services, LLC and
other credit and debit card providers, debit network providers, gift card and other stored value
and byalty program providers. Associations also includes the Payment Card Industry Security
Standards Council and the National Automated Clearinghouse Association.
b. Association Rules means the bylaws, rules, and regulations, as they exist from time to time, of
the fitssociations.
c. Card or Payment Card means an account, or evidence of an account, authorized and established
between a Cardholder and an Association, or representatives or members of an Association that
Merchant accepts from Cardholders as payment for a good or service. Payment Instruments
include, but are not limited to, credit and debit cards, stored value cards, loyalty cards,
electronic gift cards, authorized account or access numbers, paper certificates and credit
accoants.
d. Cardholder means the person to whom a Card is issued or who is otherwise entitled to use a
Card_
e. Chargeback means a reversal of a Card sale Merchant previously presented pursuant to
Association Rules.
f. Menrber or Member Bank means an entity that is a member of the Associations.
g. Order Form means a document listing the pricing associated with this Processing Agreement.
h. Processing Agreement means this Payment Card Processing Agreement, including all exhibits
attached hereto and to be attached throughout the Term of this Processing Agreement, all of
which are incorporated by reference herein.
i. Retrieval Request means a request for information by a Cardholder or Card issuer relating to a
claim or complaint concerning a Card sale Merchant has made.
j•
Transaction means the evidence and electronic record of a sale or lease transaction
representing payment by use of a Card, echeck/ACH, digital payment or of a
return/refund/credit to a Cardholder or any other payor.
k. TylerConfidential and Proprietary Information means all information in any form relating to,
used in, or arising out of Tyler's operations and held by, owned, licensed, or otherwise
possessed by Tyler (whether held by, owned, licensed, possessed, or otherwise existing in, on or
about Tyler's premises or Merchant's offices, residence(s), or facilities and regardless of how
such information came into being, as well as regardless of who created, generated or gathered
13
Exhibit 2
the information), including, without limitation, all information contained in, embodied in (in any
media whatsoever) or relating to Tyler's inventions, ideas, creations, works of authorship,
business documents, licenses, correspondence, operations, manuals, performance manuals,
operating data, projections, bulletins, customer lists and data, sales data, cost data, profit data,
financial statements, strategic planning data, financial planning data, designs, logos, proposed
trademarks or service marks, test results, product or service literature, product or service
concepts, process data, specification data, know how, software, databases, database layouts,
design documents, release notes, algorithms, source code, screen shots, other research and
development information and data, and Intellectual Property. Notwithstanding the foregoing,
Tyler Confidential and Proprietary Information does not include information that: (a) becomes
public other than as a result of a disclosure by Merchant in breach hereof; (b) becomes available
to Merchant on a non -confidential basis from a source other than Tyler, which is not prohibited
from disclosing such information by obligation to Tyler; (c) is known by Merchant prior to its
receipt from Tyler without any obligation of confidentiality with respect thereto; or (d) is
developed by Merchant independently of any disclosures made by Tyler.
14
Exhibit 2
Exhibit A
Payment Service Devices/Equipment — Rental and Purchase
This Exhibit A is incorporated into that certain Payment Card Processing Agreement between Tyler and
Merchant (the "Agreement").
1. TERMS APPLICABLE TO BOTH PURCHASE AND RENTAL OF EQUIPMENT
a Generally. Tyler will provide PCI-compliant Payment Service Devices as elected by
Merchant and described in the Order Form and related equipment for rent or purchase
during the term of this Agreement for the fees set forth in the Order Form.
13. Shipping Timelines. Tyler shall ship newly -requested Payment Service Devices (and
associated supplies, such as printers, cables, power supplies, mounting hardware or
other equipment identified in an Order Form) ("Equipment") to Merchants within (a) 14
calendar days of the request or (b) 14 calendar days prior to payment service
commencement/go-live, whichever is later. Tyler shall ship failure -related replacement
Equipment to Merchants within two (2) Business Days of a written request.
c Delivery and Acceptance. Tyler will deliver the Equipment to the location designated by
Merchant in the Order Form. If an address for delivery is not expressly designated in the
Order Form, such Equipment will be delivered to Merchant's address otherwise set
forth in the Order Form. Merchant will be deemed to have accepted each piece of
Equipment on the earlier of (i) when Merchant acknowledges receipt, and (ii) seven days
after shipment of each such piece of Equipment, unless Tyler is notified earlier in writing
by Merchant that the Equipment has not been received or is not functional.
d. Rights and Restrictions. Tyler shall process payments received from Merchant's Payment
Service Devices provided by Tyler. Merchant acknowledges that the Payment Service
Devices are embedded with proprietary encryption technology that will be injected by
Tyler's designee into the Payment Services Devices. Merchant agrees that all of
Merchant's over-the-counter transactions processed through a Tyler application will be
required to use Payment Service Devices provided by Tyler. Merchant will maintain each
Payment Service Device in its possession and will not permit any physical alteration or
modification of any piece of Equipment. Each piece of Equipment will be used only in
the ordinary course of Merchant's business in connection with Tyler applications. The
Equipment is not being sold or rented to the Merchant for home or personal use.
Merchant acknowledges that the Equipment rented or purchased through this Exhibit
may not be compatible with another processor's systems. Merchant hereby grants Tyler
a security interest in (i) all Equipment to secure payment of the purchase price, and (ii)
all Equipment to secure payment of the monthly rental payments. Merchant authorizes
Tyler to file financing statements with respect to the Equipment in accordance with the
Uniform Commercial Code, signed by Tyler directly or as Merchant's attorney -in -fact.
a Change Notice. Tyler shall provide thirty (30) calendar days written notice for Equipment
changes that affect Merchants, which includes, without limitation, when Tyler will no
longer support a Payment Service Device. Tyler will only be obligated to replace
15
Exhibit 2
Equipment when a Payment Service Device is no longer capable of functioning or Tyler
ends support of the specific make and model of the Equipment.
f. PCI DSS Compliance. Each party understands and agrees to comply with PCI DSS and any
amendments thereto. Merchant shall be responsible for compliance with PCI DSS
version 3.2.1 and any more current versions regarding the Payment Service Devices,
including, but not limited to, the maintenance, inspection, and training obligations set
forth in PCI DSS Requirement 9.9.
2. TERMS APPLICABLE ONLY TO EQUIPMENT PURCHASED
Tyler will sell to Merchant the Equipment identified in the Order Form, free and clear of all liens
and encumbrances, expect that any proprietary encryption technology included within the
Payment Service Devices or any other Tyler Intellectual Property will be provided to you
pursuant to the License set forth in Section 5 of the Agreement. Maintenance and repair of
Merchant -purchased Equipment is the responsibility of Merchant, unless Merchant has
purchased Tyler's maintenance services for Payment Service Devices.
3. TERMS APPLICABLE ONLY TO EQUIPMENT RENTAL
Tyler will rent to Merchant the Equipment identified in the Order Form, as set forth
herein. The rental period will commence when the Equipment is deemed accepted. At
the end of the rental term identified in an Order Form or when the Agreement is
terminated, Merchant will promptly return each piece of Equipment to Tyler at
Merchant's cost, in the same condition as when received, ordinary wear and tear
excepted, unless otherwise directed by Tyler. The rental period will terminate when
Equipment is returned to Tyler at 840 West Long Lake Road, Detroit, Michigan 48098,
Attention: Tyler Payments, or at an earlier date specified by Tyler in writing. The
following information must be included within the shipping box: (i) Merchant name,
complete address and phone number; (ii) name of person to contact if there are any
questions; (iii) your Merchant account number; and (iv) serial number of the Equipment.
Merchant will retain proof of delivery documents and the applicable serial number. For
any piece of Equipment that is not returned to Tyler in accordance with this paragraph,
Merchant will pay Tyler the greater of $250.00 or the fair market value of such piece of
Equipment as if it were in the condition described herein.
b. Merchant will not assign its rights or obligations under this Exhibit, or pledge, lend,
create a security interest in, incur any liens or encumbrances on, or sublease the
Equipment to any other person or entity without Tyler's prior written consent. Any such
assignment, delegation, sublease, pledge, security interest or lien in the absence of
consent shall be void.
c. The provisions of this Exhibit will survive the termination or expiration of the Agreement
and continue until all rented Equipment is returned to Tyler or paid for.
16
Contract Fo
Entity Information
Entity Name * Entity ID *
TYLER TECHNOLOGIES, INC/EAGLE @00000820
DIVISION
Contract Name *
IMPLEMENT PUBLIC E -RECORDING
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
7828
Contract Lead *
JMUNDT
Contract Lead Email
jmundt@co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
THIS AGREEMENT WILL ENABLE FUNCTIONALITY WITH TYLER RECORDS MANAGEMENT FOR THE PUBLIC TO
RECORD CERTAIN TYPES OF REAL ESTATE DOCUMENTS WITHOUT GOING THROUGH A TITLE COMPANY.
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$6,100.00
Renewable *
NO
Automatic Renewal
Grant
IGA
Department
INFORMATION
TECHNOLOGY-GIS
Department Email
CM-
InformationTechnologyGI
S@weldgov.com
Department Head Email
CM-
InformationTechnologyGI
S-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
Requested BOCC Agenda Due Date
Date* 02/15/2024
02/19/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date *
12/01/2024
Committed Delivery Date
Renewal Date
Expiration Date*
12/31/2024
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
CONSENT 02/12/2024
Approval Process
Department Head Finance Approver Legal Counsel
RYAN ROSE CONSENT CONSENT
DH Approved Date Finance Approved Date Legal Counsel Approved Date
02/12/2024 02/12/2024 02/12/2024
Final Approval
BOCC Approved Tyler Ref #
AG 021424
BOCC Signed Date Originator
JMUNDT
BOCC Agenda Date
02/14/2024
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