14-098 Amendment #1 to Tyler Maintenance AgreementAMENDMENT
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 the City of Cupertino, California, with offices at
10300 Torre Avenue, Cupertino, California 95014 (“Client”).
WHEREAS, Tyler and the Client are parties to an agreement dated June 9, 2014 (“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. Section 12.0 INSURANCE REQUIREMENTS is modified to incorporate the following new
subsections:
12.4 Umbrella/Excess Insurance: Tyler shall procure and maintain Umbrella/Excess
Insurance in the amount of $5,000,000.
12.5 Professional Liability/Cyber Insurance: Tyler shall procure and maintain
Professional Liability/Cyber Insurance in the amount of $2,000,000.
12.6 Additional Insured Status: The City of Cupertino, its officers, officials, employees
and volunteers shall be included as additional insured on the Commercial General
Liability Insurance and the Automobile Liability Insurance with respect to liability
arising out of this Agreement performed by Tyler.
12.7 Waiver of Subrogation: Commercial General Liability Insurance and Automobile
Liability Insurance shall include waiver of subrogation in favor of Client for claims
that arise out of or relate to the Agreement and are between Tyler and Client except
for claims arising from the sole negligence of Client.
2. This Amendment shall be governed by and construed in accordance with the terms and
conditions of the Agreement.
3. Except as expressly indicated in this Amendment, all other terms and conditions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth
below.
Tyler Technologies, Inc. City of Cupertino, CA
By: By:
Name: Name:
Title: Title:
Date: Date:
Robert Kennedy-JensenGroup General CounselDecember 21, 2023
Teri Gerhardt
Acting CTO
Apr 19, 2024
APPROVED AS TO FORM
City Attorney
ATTEST:
City Clerk
Date
Christopher D. Jensen
Apr 21, 2024
First Amendment to Tyler Maintenance
Agreement
Final Audit Report 2024-04-21
Created:2024-04-19
By:Marilyn Pavlov (marilynp@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAASR-H7kCLme-DVWh7XCoOErhAtGmeKt_Q
"First Amendment to Tyler Maintenance Agreement" History
Document created by Marilyn Pavlov (marilynp@cupertino.org)
2024-04-19 - 10:46:27 PM GMT- IP address: 69.209.31.163
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2024-04-19 - 10:48:14 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2024-04-19 - 11:24:21 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Teri Gerhardt (terig@cupertino.org) for signature
2024-04-19 - 11:24:22 PM GMT
Email viewed by Teri Gerhardt (terig@cupertino.org)
2024-04-20 - 0:16:34 AM GMT- IP address: 104.47.74.126
Document e-signed by Teri Gerhardt (terig@cupertino.org)
Signature Date: 2024-04-20 - 0:16:59 AM GMT - Time Source: server- IP address: 107.3.130.161
Document emailed to christopherj@cupertino.org for signature
2024-04-20 - 0:17:01 AM GMT
Email viewed by christopherj@cupertino.org
2024-04-20 - 0:17:18 AM GMT- IP address: 104.47.73.254
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2024-04-20 - 0:17:43 AM GMT- IP address: 136.24.22.194
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2024-04-20 - 0:17:45 AM GMT - Time Source: server- IP address: 136.24.22.194
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2024-04-20 - 0:17:46 AM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2024-04-20 - 3:31:48 AM GMT- IP address: 104.28.124.101
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2024-04-21 - 6:25:11 PM GMT - Time Source: server- IP address: 162.245.20.145
Agreement completed.
2024-04-21 - 6:25:11 PM GMT