At the October 13, 2021 Commission Meeting, Commissioner Ricky Arriola requested the Finance and Economic Resiliency Committee to review Tyler Tech's performance as a software solution for a number of City processes.

At the May 28, 2014, City Commission meeting, the City Commission authorized a referral to the Finance and City-Wide Projects Committee (the “Committee”) for a discussion on upgrading the City’s current enterprise resource planning (ERP) system, known as Eden, as well as a discussion on Permits Plus, the City’s system for permitting and licensing. The replacement of these systems is a key part of the Administration’s goal of re-engineering core business process to maximize efficiencies and service to constituents, as well as improve internal controls.

The proposed project was comprised of four (4) major project components:

1.       Upgrading the City’s current ERP system from Eden to Munis. The City’s version of the Eden software suite had reached end of life.

2.       The City’s Permit Plus application, by Accela Government Software, had undergone extensive customization to tailor to the City’s needs. The effort yielded undesirable results and was abandoned. As such, the Administration determined the cost and efficiency benefits of upgrading the current system from Permits Plus to EnerGov, a Tyler product, was determined to be in the best interest of the City. 

3.       Completing a full business process review (BPR) of all business processes impacted by either Munis or EnerGov, prior to implementation of the new systems. 

4.       Engaging a dedicated project manager to oversee implementation of the new systems in accordance with the results of the BPR.

At its June 20, 2014, meeting, the Committee considered the Administration’s recommendation that the city replace its ERP system, its system for permitting and licensing, and, prior to implementation of the new systems, conduct a full business process review with the goal of maximizing operational performance, assuring internal controls, and improving service to constituents. The Committee also considered the Administration’s recommendation for project management and implementation services to assure a successful implementation of the project.  The Committee has endorsed and recommended that the project be considered by the City Commission. On October 10, 2014, the City Commission approved an agreement with Tyler Technologies, Inc.

Amendment 1 – September 2, 2015

The City’s Steering Committee met on July 16, 2015, and at the advice of Tyler, agreed to consider an amendment to the go-live dates.  The committee agreed to perform the system implementation after the City’s audit activities are complete to ensure the availability of subject matter experts (SMEs) of the project. The committee also decided that EnerGov should go live at the same time as Munis Financials to ensure the financial transactions related to permits are contained within a single financial system, instead of spanning both the old and new financial system. As a result, the City and Tyler Technologies recommends amending the “go-live” dates as follows:

Phase 1 – Financials:  changed from October 1, 2015, to April 1, 2016.

Phase 2 – EnerGov:    changed from December 1, 2015, to April 1, 2016.

Phase 3 – HR/Payroll: changed from July 1, 2016, to January 1, 2017.

                Phase 4 – Utility Billing and Revenue: changed from July 1, 2017, to January 1, 2018.

Amendment 2 – October 14, 2015

At its August 13, 2015, and September 24, 2015, meetings, the Steering Committee agreed to recommend to the City Manager that the agreement with Tyler Technologies be amended to allow for the following provisions which will result in a more efficient end product, mitigate any implementation risks and provide the Administration with robust reporting for the oversight and management of operational functions:

1.    Software licensing for mobile devices:
Amend the EnerGov iG workforce mobile licensing to purchase a site license that includes unlimited licensing for a total cost of $134,100 plus maintenance of $29,800 per year.

2.    Project management:
Amend the dedicated project management services by removing 25% Dedicated Project Manager and 50% Dedicated Project Manager and increasing the Full-Time Project Manager for an additional 12 months for a total of $498,000.

3.    Reporting:
Amend the EnerGov Report Development Services from 400 to 1000 hours for a total cost of $170,000.

Amendment 3 – February 10, 2016

At its October 29, 2015, and December 17, 2015, meetings, the Steering Committee made a recommendation to the City Manager to seek to amend the Agreement with Tyler Technologies as follows:

1.       EnerGov Reporting Toolkit. The Agreement did not provide the City with an EnerGov Reporting Toolkit license. This toolkit is a piece of software that facilitates report development for the Permitting/Licensing system. This toolkit will allow EnerGov System Administrators to develop custom reports. The Steering Committee recommended purchasing this toolkit, at a total cost of $4,999, plus maintenance of $1,000 per year.

2.       End User Training. The Agreement did not provide for End User Training for the Financial System. The end user training approach proposed in the contract was on a “Train the Trainer” basis. After analyzing the training needs of City staff and the limited availability of subject matter experts to train the system’s end users, it was determined that the City would require 26 days of formal training, to be performed by the vendor on City premises. The Steering Committee recommended the addition of End User Training for the Financial System at a cost of $33,150, plus $10,960 in travel costs, for a total cost of $44,110.

3.       Professional Services. The Agreement did not provide for Tyler’s professional services to support User Acceptance Testing for the EnerGov Permitting/Licensing system. After analyzing the City’s needs during the User Acceptance testing phase, the Steering Committee recommended the addition of professional services to support City staff during the User Acceptance Testing phase at a cost of $74,800, plus $25,500 in travel costs, for a total cost of $100,300.

Amendment 4 – April 13, 2016

At its February 18, 2016, and March 17, 2016 meetings, the Steering Committee made a recommendation to the City Manager to seek to amend the Agreement with Tyler Technologies as follows, in order to mitigate any implementation risks.

As a result, the City’s ERP Steering Committee recommends adding the following terms to the Agreement:

a.       Amend the “Go-Live” dates for Phase 1 – Financials from April 1, 2016, to May 2, 2016.

b.       Amend the “Go-Live” dates for Phase 2 – EnerGov from April 1, 2016, to May 2, 2016.

c.       Amend the “Go-Live” dates for Phase 3 – HR/Payroll from January 1, 2017, to April 3, 2017

d.       Remove 20 implementation days from Munis Inventory

e.       Remove 5 implementation days from Munis BMI Collect IT Interface

f.        Add 25 implementation days to Phase 1 - Financials

g.       Add 895 hours of EnerGov Professional Services, at a cost of $152,150 plus $20,400 in travel costs, for a total cost of $172,550.

Amendment 5 – October 19, 2016

At its May 19, 2016, meeting, the Steering Committee made a recommendation to the City Manager to seek to amend the Agreement with Tyler Technologies to reallocate unused data conversion funds:

1. The following unused conversions, totaling $11,250, are hereby removed from the Agreement:

a.       Fixed Assets Option 1 – History, at a contract price of $1,750.

b.       General Billing Option 1 – Recurring Invoices, at a contract price of $2,500.

c.       Inventory Option 1 – Commodity Codes, at a contract price of $1,500.

d.       Project Grant Accounting Option 1 – Actuals, at a contract price of $1,750.

e.       Project Grant Accounting Option 2 – Budgets, at a contract price of $1,750; and

f.        Project Grant Accounting Standard, at a contract price of $2,000. 

2.       Eight and a half (8.5) Implementation days, totaling $10,838 (at a rate of $1,275 per day), are hereby added to the Agreement

Amendment 6 – January 11, 2017

At its December 15, 2016, meeting, the Steering Committee determined that the quantity of project management services to be provided by Tyler, as set forth in the Agreement, for the implementation are insufficient to complete Phase 3 of the project (the Munis HR/Payroll implementation) and made a recommendation to the City Manager to seek to amend the Agreement with Tyler Technologies. This change results in an overall increase of $62,250.00 for project management services. This item has no impact on the project funding, since the adjustments came from the contingency built into the contract.

Amendment 7 – April 26, 2017

At its March 9, 2017 meeting, the Steering Committee, determined that it was necessary to change the go-live date for Phase 3, HR/Payroll, from April 3, 2017 to May 5, 2017, to allow additional necessary time for the City and Tyler teams to complete system configuration and data conversion, therefore, the quantity of project management services and implementation days to be provided by Tyler, as set forth in the Agreement, for the implementation are insufficient to complete Phase 3, HR/Payroll, and made a recommendation to the City Manager to seek to amend the Agreement with Tyler Technologies as follows:

1.    Amend the “Go-Live” dates for Phase 3, HR/Payroll, changed from April 3, 2017 to May 5, 2017.

2.    Amend the Project Management Services to be provided by Tyler.

3.    Amend the Munis Implementation Days to be provided by Tyler as follow.

These changes resulted in an overall increase of $85,063.00 for project management services and implementation days. This item has no impact on the project funding, since the adjustments came from the contingency built into the contract.

Amendment 8 – August 6, 2018

Both Tyler and The City have now determined that an additional Amendment is required to change the timing of invoicing for the Transparency Portal and Tyler Notify modules; and in consideration of the mutual promises hereinafter contained, Tyler and the City agree as follows:

a.  The Tyler Software Transparency Portal is hereby removed from the Agreement. As of such date, Tyler's maintenance, support, and update obligations with respect to such software are terminated.

b. "Invoicing and Payment Policy," is hereby deleted and replaced with the following term:

Subscription Fees: Year one subscription fees for Tyler Notify will be invoiced on January 1, 2020. Subsequent annual subscription fees for Tyler Notify shall be due on January 1st of each year, at Tyler's then-current rates, unless the City's license to Tyler Notify is otherwise terminated, in which the City shall no longer be liable to Tyler for annual subscription fees for Tyler Notify.

Amendment 9 – June 26, 2018

Tyler’s agreement was amended to transition from the included Adobe End User License Agreement ("EULA") for functionality embedded into Tyler's proprietary Tyler Forms product to the DocOrigin software Tyler transitions that provides the same embedded functionality as previously provided by Adobe in the Tyler Forms product.

Amendment 10 – October 21, 2019

Tyler’s agreement was amended as follows:

1. The Bid Management Software is removed-from the Agreement and the City’s license for such software is terminated, as are Tyler's obligations to support, maintain and update such software.

2. The Tyler Notify Software as a Service (SaaS) is hereby removed from the Agreement and the City’s right to use said SaaS is terminated, as are Tyler's obligations to support, maintain, and update such SaaS.

3. In recognition of the maintenance fees paid to Tyler for the Bid Management software, Tyler hereby issues to Client a credit of $24,438.42. The City may apply such credit, at its discretion, to any fees due to Tyler under the Agreement.

Tyler Technologies is considered a government solutions leader based on market share for the segment. Munis has 1,289 municipal and county clients across the US – of those 1,289, 247 of them also have EnerGov. Munis has 94 clients in Florida. Of those 94, 38 also have EnerGov. EnerGov has 611 clients, including an RFP selection rate of 60% over the last three years, which is the highest in the industry. Of those 611 total clients, 60 also run New World Public Safety. EnerGov has 73 clients in Florida - of those clients, 8 run New World Public Safety. Tyler Technologies has also experienced considerable growth as they have acquired multiple companies and have worked to merge their solutions into a more enterprise suite of products.

Tyler Technologies provides five software solutions, each with yearly maintenance and services, to the City. These include:

1. Tyler Eden - Utility billing

2. Tyler Munis - Financials, Human Resources, Budgeting, and Procurement.

3. Tyler EnerGov - Permitting

4. Tyler MobileEyes - Fire inspections

5. Tyler New World. - Computer-Aided Dispatch (911), Fire records, Police records, other public safety modules

It is projected that between 2016 to 2023 the City will have paid $11.7 million to Tyler Tech for software purchases, maintenance, and professional services expenses. 

The City is in the target market for Tyler’s suite of solutions that provides a breadth of mostly integrated products for municipal purposes. Both Munis and EnerGov have been molded to meet City needs since the execution of the contract with Tyler Technologies in 2014. A combination of early adoption and mutual growth between Tyler Technologies and the City over this period has caused technical and process challenges. Additionally, the City has experienced challenges with operational facets and training that have affected the performance of the system.

In an effort to establish performance and service level standards with Tyler Technologies, the Administration negotiated and presented Resolution 2021-31666 at the March 17 Commission meeting thereby entering into an Enterprise Maintenance & Support Agreement. Prior agreements included multiple amendments, expired on different dates, offered disparate service level agreements, and did not offer standardized yearly maintenance increase caps that would be in the best interest of the City. The intent of the Enterprise Agreement with Tyler Technologies would bring all non-Software-As-A-Service (SaaS) products into a consolidated contract. The basic terms and conditions of the proposed Enterprise Agreement are outlined below:

• One (1) year maintenance contract, with automatic renewals, unless a notice of termination is provided 90 days in advance.
• Termination for cause with 90-day notice to cure.
• Termination for lack of appropriations.
• Proration and alignment of contracts to January 1st.

Software                                           Year One Invoice
Munis/ EnerGov/ Eden                  October 1, 2021 through December 31, 2021
New World Public Safety              January 1, 2021 through December 31, 2021

• Standardized maintenance and support level agreement language (SLA) for all product that covers appropriate response times, support channels, resource  availability,  incident  escalation,  resolution  targets  and  terms  of  engagement,  inclusive of security measures for support services.
• Dispute resolution language with 30 day notice and terms  for  good  faith  negotiations.
• Yearly not to exceed increases in maintenance contracts for product lines, in accordance with industry best practices:            

-          New World  Systems  will  not  exceed  a  yearly  4%  increase  per  year for the first five (5) years of one (1) year terms.

-          Eden, EnerGov, and Munis will not exceed a  5%  increase  per  year for the first five (5) years of one (1) year terms.

The City has implemented an ecosystem of Tyler solutions that leverage one another and finds itself in a position to either add additional modules from Tyler to meet needs or layer third party technologies to fill gaps. As the City considers how to proceed with its suite of technologies, the options are as follow:

1.       Maximize current investment – Leverage existing technologies, implement additional Tyler solutions where practical, and assess internal process and training to maximize technology capacity.

2.       Replace current suite of products – Replacement of products is technically feasible at the expense of current system investment, staff proficiency, and time. The replacement of citywide ERP systems would require ongoing support of existing systems over a multi-year period as new solutions are built and transitioned. Most critically, the city must engage in a comprehensive assessment of processes and gap analysis to ensure a new solution is successful.

3.       Compliment current systems with 3^rd party solutions – Complimentary applications and tools would result in extensive integration between disparate systems. Technically, managing multiple systems creates overhead and additional expenses to compensate for the lack of enterprise cohesion. This option produces the highest level of technical risk.