REQUEST FOR BEST AND FINAL OFFERS Accounting and School Financial Software

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1 Via REQUEST FOR BEST AND FINAL OFFERS In accordance with Arizona Department of Education School District Procurement Rule R , Mohave Educational Services Cooperative, Inc. (Mohave) is requesting Best and Final Offers for Request for Proposal 12G BEST AND FINAL OFFER DUE DATE: Wednesday, April 18, 3:00 p.m. (local time) LOCATION: Mohave Educational Services Cooperative, Inc. 211 N. 7 th St. Kingman, AZ Best and Final Offers must be submitted in a sealed envelope properly addressed to Mohave Educational Services Cooperative, Inc., with Best and Final Offer, RFP 12G-0316, Best and Final Offer Due Date and Time, and Offeror's Name and Address clearly indicated on the envelope. Mohave will not be responsible for late receipt of best and final offers. If a best and final offer is not submitted, the offeror's previous proposal response will be considered its best and final offer. Faxed best and final offers cannot be accepted. CONTACT PERSON: MARK DIBLASI, CONTRACT SPECIALIST II PHONE: (928) DATE: April 4, 2012 Tom Peeler, CPPB Executive Director THIS BEST AND FINAL OFFER IS SUBMITTED BY: Name: Stacey M. Gerard, Assistant Secretary Firm: Tyler Technologies, Inc. Address: One Cole Haan Drive City: Yarmouth State: ME Zip: Phone: Date: Signature: Title: Page 1 of 4

2 REQUEST FOR PROPOSAL 12G-0316 REQUEST FOR BEST AND FINAL OFFERS NOTE: Mohave has completed its initial review of your response to RFP 12G-0316, and is requesting the following information to better understand your offer. Please carefully review and answer the questions that follow. Provide only the information requested. Do not provide another complete copy of your initial response. Sign and include this Request for Best and Final Offer with your response. If you do not respond by the specified time, date and location, your initial offer as submitted will be your final offer. BEST AND FINAL OFFER SUBMITTAL 1. Your cover letter indicated that, in the event of conflict between the afore-mentioned documents, this proposal shall control. This is Entire Agreement language, which is unacceptable under an awarded contract. Language may remain, if it is revised to include RFP 12G-0316, any best and final offer, and the Members purchase order in addition to your proposal. 2. Your proposal contained some exceptions to our General Terms and Conditions that either require clarification, revision or removal, as detailed below. Cancellation for Bankruptcy or Acquisition, Assignment, Notation - (Remove or revise) Mohave is not looking to approve any bankruptcy, acquisition or assignment plan involving an awarded contract. Rather, Mohave is looking to be made aware of any plans involving the changes of responsible parties under an awarded contract. Should those changes be determined to be unacceptable to Mohave, the awarded contract may be cancelled, per the requirements detailed in the Cancellation terms and conditions. Cancellation for Convenience - (Remove) Requirement of ten (10) day time frame is unacceptable. Cancellation for Non-Performance or Contractor Deficiency - (Remove or clarify) It is not clear whether this is an exception or if you are providing additional information. Remove or provide additional information that explains what the intent of this statement is. Continuation of Performance - (Remove or clarify) It is not clear whether this is an exception or if you are providing additional information. Remove or provide additional information that explains what the intent of your exception. Cooperative Purchasing - (Revise) Pricing that is offered under an awarded contract cannot differ between Members, if they meet the same criteria. Formation of Contract - (Remove or revise) This statement conflicts with the statement contained in your cover letter, as detailed in Question #1 above. Total Costs, Fixed Price, Fixed Price Review, New Catalogs/Price Lists - (Revise) What are the related third party fees? Provide a revised price workbook that includes these third party fees. Include the workbook on a CD or similar electronic media device (DVD, USB thumb drive, etc.). Arbitration, Contract Claims or Controversies - (Clarify) Confirm that Tyler Technologies is agreeing to the claims resolution process as allowable under Arizona law. Order of Precedence - (Revise or remove) This is Entire Agreement language, which is Payment - (Remove) This appears to be an incomplete statement. Contractor Employee Fingerprinting - (Clarify) Confirm that Tyler Technologies is agreeing to the contractor employee fingerprinting requirements, as required under Arizona law. Term of Contract and Extension - (Clarify) This term is referring to the term and extension of Mohave s contract, not a contract between the Vendor and Member. Confirm your understanding of this. 3. Your proposal contained some exceptions to our Special Terms and Conditions and Specifications that either require clarification, revision or removal, as detailed below. Page 2 of 4 Tyler Technologies, Inc.

3 REQUEST FOR PROPOSAL 12G-0316 Note after Special Term and Condition (Remove or revise) This note indicated that, Tyler has provided the current year 1 annual maintenance costs associated with the proposed Tyler products in its Proposal and respectfully requests the ability to discuss and negotiate future annual maintenance rates with Mohave as part of the contractual process. In order for any Tyler products to be considered for award, all annual maintenance costs must be included in your proposal. Provide revised pricing for all of the product lines offered in your proposal that includes annual maintenance costs for all years beyond the initial year of purchase. Include the revised pricing on a CD or similar electronic media device (DVD, USB thumb drive, etc.). 31. Employee Certification - (Revise or clarify) There is no Special Term and Condition with this number. It appears that this may be in response to item 1.8. Provide additional information that clearly indicates what Special Term and Condition this exception applies to , , , , (Remove or revise) These exceptions all indicated that, more information needed in order for an accurate response to be given. Mohave cannot provide any additional information regarding these specifications. Provide a specific exception, or remove these statements (Revise) There are two exceptions marked as It appears that the second should actually be Provide a revised exception that clearly indicates the Specification number (Revise) The specification was marked as comply however Specification was marked as deviate. The exception was marked as , and it appears that is should have been Provide a revised exception that clearly indicates the specification number. 4. Your price workbook contained several items that require either revision or clarification. Those items are detailed below. Submit the revised workbook in electronic form (on a thumb drive or CD) with your best and final offer. The Visions price file included a column marked as Mohave Admin. Fee. This column isn t necessary, as Mohave s administration fee is included in your pricing, and shouldn t be shown as a separate line item. (See Administration Fee on Page 17 of the RFP.) Provide a revised workbook, with this column removed. The Visions price file includes travel information that differs from the information contained in Tyler s Business Travel Policy. Revise the Visions price file to match the travel information found in the Business Travel Policy. In order for any Tyler products to be considered for award, all annual maintenance costs must be included in your proposal. Provide revised pricing for all of the product lines offered in your proposal that includes annual maintenance costs for all years beyond the initial year of purchase. 5. The agreements provided in your proposal contained terms that either require revision or removal, as detailed below. Tyler Munis Sample Contract 28 - Payment Terms - (Remove or revise) Fees are indicated as ($XX) and don t identify and specific fees. Revise to include actual fees that will be charged under an awarded contract. Adobe Systems Incorporated Software License Agreement 9 - Governing Law - (Remove or Revise) Must be the State of Arizona Entire Agreement - (Remove or Revise) This is Entire Agreement language, which is Master Subscription Agreement for Hosted Services Waiver of Jury Trial (Remove or Revise) - Waiver of Jury Trial is unacceptable under an awarded contract. Page 3 of 4 Tyler Technologies, Inc.

4 REQUEST FOR PROPOSAL 12G Entire Agreement - (Remove or Revise) This is Entire Agreement language, which is Exhibit B Backup Usage - (Remove or Revise) The $300 fee included on this document is not found on the workbook. Provide a revised price workbook that includes these third party fees. Include the workbook on a CD or similar electronic media device (DVD, USB thumb drive, etc.). Agreement for Microsoft Services Entire Agreement - (Remove or Revise) This is Entire Agreement language, which is unacceptable under an awarded contract. Language may remain, if it is revised to include RFP 12G-0316, any best and final offer, and the Members purchase order in addition to your proposal. Microsoft Software License Terms 19 - Entire Agreement - (Remove or Revise) This is Entire Agreement language, which is 20 - Applicable Law - (Remove or Revise) Must be the State of Arizona. Third Party Master Depositor Escrow Agreement Used Version - This appears to be an actual agreement used in Provide a blank version of this agreement. 6a - Auto Renewal - (Remove) Auto renewal language is not acceptable under an awarded contract. 12d - Choice of Law - (Revise) Must reference the State of Arizona, not the State of Texas. 12r - Entire Agreement - (Revise or Remove) This section contains Entire Agreement language, which is unacceptable under an awarded contract. Language may remain, if it is revised to include 12G-0316, any best and final offer, and the Members purchase order in addition to the terms and conditions of this agreement. Third Party Master Depositor Escrow Agreement, Exhibit A & E Fees- (Remove or Revise) Includes fees not found in the workbook. Provide a revised price workbook that includes these third party fees. Include the workbook on a CD or similar electronic media device (DVD, USB thumb drive, etc.). 6. Mohave is considering a number of proposals for this contract. Pricing is very competitive. Please review your prices to determine if any additional discounts are available. If yes, provide a new comprehensive price schedule. If no, indicate No Additional Discounts. Page 4 of 4 Tyler Technologies, Inc.

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