Res 2013-196/Approving an agreement w/Tyler Technologies, Inc. for a Financial and Human Resources software and application system

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Exhibit 10 Performance Bond STATE OF COUNTY OF We, (Vendor name), of (address), as Principal, and (bond company name), as Surety, are held and firmly bound unto the City of San Marcos, Texas (the "City "), in the penal sum of dollars ($ ), for the payment of which the Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by this bond: The Principal has entered into a written Agreement with the City dated for the provision of a Financial And Human Resources Software Application System, which is fully incorporated into this bond by reference. The condition of this obligation is that if the Principal faithfully and promptly performs all work in accordance with the Contract Documents, and faithfully and promptly observes and performs all of its covenants, conditions, duties and obligations under the Contract Documents according to their true intent and meaning, then this obligation will be satisfied; otherwise it will remain in full force and effect. If the City declares the Principal to be in default under the Contract Documents, the Surety agrees to either 1) promptly remedy the default, or 2) faithfully and promptly perform and complete its obligations under the Contract Documents in accordance with the terms and conditions of the Contract Documents. The Surety, for value received, agrees that no modification, amendment, extension of time, or addition to the Contract Documents, will in any way affect the Surety's obligation on this bond, and the Surety waives notice of any such modification, amendment, extension of time or addition. The Surety certifies that it is authorized and admitted to write surety bonds in Texas. If this bond exceeds $100,000.00 the surety certifies that it either 1) holds a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law, or 2) has obtained qualified reinsurance for any liability in excess of $100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas, and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. This bond is governed by Chapter 2253 of the Texas Government Code, and it is provided solely for the protection of the Owner. This bond is filed with the City in Hays County, Texas, and the Principal and Surety agree that mandatory venue for any legal action filed upon this bond is in Hays County, Texas. Executed and sealed by the Principal and Surety on Tyler Financial And Human Resources Software Application Systems Agreement 2013