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

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Tyler's indemnity obligation, and it will be Tyler's responsibility to determine what limits are adequate. These limits may be met by basic policy limits or any combination of basic limits and umbrella limits. The City's acceptance of certificates of insurance that do not comply with these requirements in any respect does not release the Tyler from compliance with these requirements. 23. Confidentiality. The City of San Marcos is governed by the Texas Public Information Act (the "Act "), Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this Agreement may be subject to release under the Act. Except to the extent required by applicable law, The Contractor will not make any reports, information, data, etc. generated by the City under the Agreement available to any individual or organization without the written approval of the City. If the City receives a request to disclose information that may include trade secrets, confidential or proprietary information of Tyler, the City will notify Tyler immediately of such request before releasing any such information to allow Tyler the right to contact the Texas Attorney General to request that such information be withheld, all in accordance with the procedures established under the Act or otherwise permitted by applicable law. 24. Nondiscrimination. Tyler will not discriminate against any person on the basis of race, color, religion, sex, national origin, age, disability or ancestry. The Contractor agrees not to engage in employment practices which have the purpose of discriminating against employees because of race, color, sex, religion, national origin, age, disability or ancestry. A breach of this covenant may be regarded as a default of the Contractor of the Agreement. 25. Subcontractors. Tyler will not subcontract any services under this Agreement without City's prior written permission, not to be unreasonably withheld. 26. Shipp. Delivery will be F.O.B. City of San Marcos, Municipal Building /Finance Department 630 East Hopkins. 27. Business License. In the event a local business license becomes necessary in order for Tyler to perform services hereunder, the City will notify Tyler thirty (30) calendar days in advance of such requirement taking effect and will provide Tyler with the necessary paperwork and /or contact information. 28. Tyler Forms Processing. The City will use the Tyler Software Product "Tyler Forms Processing" in conjunction with a Hewlett Packard printer supported by Tyler for printing checks. 29. Payment Terms. All payments made pursuant to this Agreement will be on the basis of duly verified invoices properly documented and submitted by Tyler to the City. Tyler will submit invoices to the City's designated representative or designee for payment. a) Tyler will invoice the City $115,650.00 upon the Effective Date. Such amount equals 25% of the Tyler Software Products license fees. Tyler Financial And Human Resources software Application Systems Agreement 2013 18