MCESA CARTWRIGHT AMENDMENT - 060921.DOCX

Maricopa County — Formal (2021-07-14)

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SIXTH AMENDMENT TO SOLE SOURCE CONTRACT
This amendment (“Sixth Amendment”) is made of the date of last signature below (“Amendment
Effective Date”) between Tyler Technologies, Inc., (“Tyler”) a Delaware corporation with offices
at 5519 53rd Street, Lubbock, Texas 79414, and Maricopa County (“Client”) a political subdivision
of the State of Arizona.
WHEREAS, Tyler and Client are parties to the Sole Source Contract 09028-CI dated April 1, 2009
(“Agreement”), as amended;
WHEREAS, the parties wish to further amend the Agreement to allow Client to host Tyler software
previously licensed to Cartwright School District #83 (“Cartwright”),
THEREFORE, in consideration of the mutual covenants contained herein, Tyler and Client agree as
follows:
Section A – Licenses and Hosting
1. Licenses. The Tyler software listed in the Amendment Investment Summary (“Tyler
Software”) is licensed to Cartwright only, and subject to the licensing agreement between
Cartwright and Tyler. The Amendment Investment Summary is attached to this Sixth
Amendment as Exhibit A and made a part of the Agreement. This Sixth Amendment provides
no new license rights to Client.
2. Hosting. Client is permitted to host the Tyler Software for Cartwright. Client is solely
responsible for the performance of Client’s servers and for granting and accommodating
Cartwright’s access thereto. Tyler disclaims any responsibility for, or liability to, Cartwright
or Client for the hosting of the Tyler Software or Cartwright’s access thereto.
Section B – Maintenance and Support. The following terms are added to the Agreement as regarding
the maintenance and support of the Tyler Software hosted under this Sixth Amendment.
1. Maintenance and Support Agreement. Provided Client timely pays all maintenance and
support fees, Tyler will provide maintenance and support on the Tyler Software in
accordance with Tyler’s Maintenance and Support Agreement attached to this Sixth
Amendment as Exhibit B and made part of the Agreement. Client is solely responsible for the
timely payment of all maintenance and support fees for the Tyler Software.
2. Maintenance and Support Fees. Upon the Amendment Effective Date, Client shall remit to
Tyler the maintenance and support fees on the Tyler Software, as identified in Column G of
the Amendment Investment Summary, covering the period from July 1, 2021 through June
30, 2022. Those fees are derived from the annual fee for such time period as indicated in

Column E of the Amendment Investment Summary, less a credit amount for annual
maintenance fees already paid by the Client for the current calendar year (see Column F of
the Amendment Investment Summary. Subsequent maintenance and support fees will be
due annually in advance of July 1 of each year, at Tyler’s then-current rates, with an estimate
provided at Colmn I of the Amendment Investment Summary.
3. Warranty. Tyler warrants that the Tyler Software will be without Defect(s) as long as Client
has a Maintenance and Support Agreement in effect. If the Tyler Software does not perform
as warranted, Tyler will use all reasonable efforts, consistent with industry standards, to cure
the Defect as set forth in the Maintenance and Support Agreement and in accordance with
Tyler’s then-current support call process. Tyler’s current support call process is attached to
the Maintenance and Support Agreement as Schedule 1. “Defect” means a failure of the
Tyler Software to substantially conform to the functional descriptions set forth in Tyler’s
then-current user guides for the Tyler Software.
Section C – General Terms
1. Effect on Agreement. All other terms and conditions of the Agreement not amended or
superseded herein remain in full force and effect and govern this Sixth Amendment.
SIGNATURE BLOCK FOLLOWS

IN WITNESS WHEREOF, persons having been duly authorized and empowered to enter into this
Amendment hereunto executed this Amendment effective as of the date last set forth below.
Maricopa County Tyler Technologies, Inc.
By: By:
Name: Name:
Title: Title:
Date: Date:
Attested:
By:
Name:
Title:
Date:
Approved as to form:
By:
Name:
Title:
Date:

Exhibit A
Amendment Investment Summary

Exhibit B
Maintenance and Support Agreement
1. Term. We provide maintenance and support services on an annual basis. The initial term
commences on July 1, 2021 and remains in effect for one (1) year. The term will renew
automatically for additional one (1) year terms unless terminated in writing by either party
at least thirty (30) days prior to the end of the then-current term.
2. Maintenance and Support Fees. Your initial maintenance and support fees for the Tyler
Software licensed to you are listed in Exhibit A. Those amounts are payable in accordance
with the terms of the Third Amendment. We reserve the right to suspend maintenance and
support services if you fail to pay undisputed maintenance and support fees within sixty (60)
days of the due date. We will reinstate maintenance and support services only if you pay all
past due maintenance and support fees, including all fees for the periods during which
services were suspended.
3. Maintenance and Support Services. As long as you are trained and certified on the Tyler
Software, and timely pay your maintenance and support fees, we will, consistent with our
then-current Support Call Process:
3.1 perform our maintenance and support obligations in a professional, good, and
workmanlike manner, consistent with industry standards, to conform the Tyler Software
to the warranty set forth in the Third Amendment; provided, however, that if you
modify the Tyler Software without our consent, our obligation to provide maintenance
and support services on and warrant the Tyler Software will be void;
3.2 provide telephone support during our established support hours;
3.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software in
order to provide maintenance and support services;
3.4 provide you with a copy of all releases to the Tyler Software (including updates and
enhancements) that we make generally available without additional charge to
customers who have a maintenance and support agreement in effect; and
3.5 support prior releases of the Tyler Software in accordance with our then-current release
life cycle policy.
4. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and
support services remotely. We reserve the right to use third-party secure unattended
connectivity tools to provide support. Therefore, you agree to maintain a high-speed
internet connection capable of connecting us to your PCs and server(s). You agree to
provide us with a login account and local administrative privileges as we may reasonably
require to perform remote services. We will, at our option, use the secure connection to
assist with proper diagnosis and resolution, subject to any reasonably applicable security
protocols. If we can’t resolve a support issue remotely, we may be required to provide
onsite services. In such event, you agree to provide us with full and free access to the Tyler
Software, working space, adequate facilities within a reasonable distance from the

equipment, and use of machines, attachments, features, or other equipment reasonably
necessary for us to provide the maintenance and support services, all at no charge to us.
We strongly recommend that you also maintain a VPN for backup connectivity purposes.
5. Excluded Services. Maintenance and support fees do not include fees for the following
services: (a) initial installation or implementation of the Tyler Software; (b) onsite
maintenance and support (unless Tyler cannot remotely correct a defect in the Tyler
Software); (c) application design; (d) other consulting services; (e) maintenance and support
of an operating system or hardware; (f) support outside our normal business hours as listed
in our then-current Support Call Process; or (g) installation, training services, or third party
product costs related to a new release. Requested maintenance and support services
beyond those outlined in this section will be billed to you at our then current rates. We do
not guarantee resolution of a Defect in a version of the Tyler Software Products older than
one version behind the then-current release. We reserve the right to decline support calls
from users who have not received the required training and certification on the Tyler
Software.
6. Current Support Call Process. Our current Support Call Process for the Tyler Software is
attached to this Exhibit C at Schedule 1.

Exhibit B
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support for authorized
users*:
(1) On-line submission (portal) – for less urgent and functionality-based questions, users
may create support incidents through the Tyler Customer Portal available at the Tyler
Technologies website. A built-in Answer Panel provides users with resolutions to most
“how-to” and configuration-based questions through a simplified search interface with
machine learning, potentially eliminating the need to submit the support case.
(2) Email – for less urgent situations, users may submit emails directly to the software
support group.
(3) Telephone – for urgent or complex questions, users receive toll-free, telephone
software support.
* Channel availability may be limited for certain applications.
Support Resources
A number of additional resources are available to provide a comprehensive and complete
support experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools, documentation, and
other information including support contact information.
(2) Tyler Search -a knowledge based search engine that lets you search multiple sources
simultaneously to find the answers you need, 24x7.
(3) Tyler Community –provides a venue for all Tyler clients with current maintenance
agreements to collaborate with one another, share best practices and resources, and
access documentation.
(4) Tyler University – online training courses on Tyler products.
Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday
– Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Tyler’s holiday
schedule is outlined below. There will be no support coverage on these days.
New Year’s Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
Labor Day
For support teams that provide after-hours service, we will provide you with procedures for
contacting support staff after normal business hours for reporting Priority Level 1 Defects only.
Upon receipt of such a Defect notification, we will use commercially reasonable efforts to meet
the resolution targets set forth below.

We will also make commercially reasonable efforts to be available for one pre-scheduled
Saturday of each month to assist your IT staff with applying patches and release upgrades, as
well as consulting with them on server maintenance and configuration of the Tyler Software
environment.
Incident Handling
Incident Tracking
Every support incident is logged into Tyler’s Customer Relationship Management System and
given a unique case number. This system tracks the history of each incident. The case number is
used to track and reference open issues when clients contact support. Clients may track
incidents, using the case number, through Tyler’s Customer Portal or by calling software support
directly.
Incident Priority
Each incident is assigned a priority level, which corresponds to the client’s needs. Tyler and the
client will reasonably set the priority of the incident per the chart below. This chart is not
intended to address every type of support incident, and certain “characteristics” may or may not
apply depending on whether the Tyler software has been deployed on customer infrastructure
or the Tyler cloud. The goal is to help guide the client towards clearly understanding and
communicating the importance of the issue and to describe generally expected response and
resolution targets in the production environment only.
References to a “confirmed support incident” mean that Tyler and the client have successfully
validated the reported Defect/support incident.
Priority
Characteristics of Support Incident Resolution Targets*
Level
Support incident that causes (a) Tyler shall provide an initial response to Priority
complete application failure or Level 1 incidents within one (1) business hour of
application unavailability; (b) receipt of the incident. Once the incident has been
application failure or unavailability confirmed, Tyler shall use commercially reasonable
1 in one or more of the client’s efforts to resolve such support incidents or provide a
Critical remote location; or (c) systemic circumvention procedure within one (1) business
loss of multiple essential system day. For non-hosted customers, Tyler’s
functions. responsibility for lost or corrupted data is limited to
assisting the client in restoring its last available
database.
Support incident that causes (a) Tyler shall provide an initial response to Priority
repeated, consistent failure of Level 2 incidents within four (4) business hours of
essential functionality affecting receipt of the incident. Once the incident has been
more than one user or (b) loss or confirmed, Tyler shall use commercially reasonable
2 corruption of data. efforts to resolve such support incidents or provide a
High circumvention procedure within ten (10) business
days. For non-hosted customers, Tyler’s
responsibility for loss or corrupted data is limited to
assisting the client in restoring its last available
database.

Priority
Characteristics of Support Incident Resolution Targets*
Level
Priority Level 1 incident with an Tyler shall provide an initial response to Priority
existing circumvention procedure, Level 3 incidents within one (1) business day of
or a Priority Level 2 incident that receipt of the incident. Once the incident has been
affects only one user or for which confirmed, Tyler shall use commercially reasonable
there is an existing circumvention efforts to resolve such support incidents without the
3
procedure. need for a circumvention procedure with the next
Medium
published maintenance update or service pack,
which shall occur at least quarterly. For non-hosted
customers, Tyler’s responsibility for lost or corrupted
data is limited to assisting the client in restoring its
last available database.
Support incident that causes failure Tyler shall provide an initial response to Priority
of non-essential functionality or a Level 4 incidents within two (2) business days of
4
cosmetic or other issue that does receipt of the incident. Once the incident has been
Non-
not qualify as any other Priority confirmed, Tyler shall use commercially reasonable
critical
Level. efforts to resolve such support incidents, as well as
cosmetic issues, with a future version release.
*Response and Resolution Targets may differ by product or business need
Incident Escalation
If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an
issue has elevated since initiation, you may escalate the incident to the appropriate resource, as
outlined by each product support team. The corresponding resource will meet with you and any
Tyler staff to establish a mutually agreeable plan for addressing the defect.
Remote Support Tool
Some support calls may require further analysis of the client’s database, processes or setup to
diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-
standard remote support tool. Tyler’s support team must have the ability to quickly connect to
the client’s system and view the site’s setup, diagnose problems, or assist with screen
navigation. More information about the remote support tool Tyler uses is available upon
request.