HomeMy WebLinkAboutMunis Annual Operating System Agreement October 2008 till September 2009 -2008 07 22Annual Agreement For
Operating System ~ Database Administration Support
Invoice to: City of Winter Springs Contact: Joanne Dalka
Address: 1126 East State Rd. 434 Winter Springs FL 32708 Telephone (407) 327-1800
This Agreement (herein "Agreement") is entered into between Citv of Winter SDr1ngS (CUSTOMER) with its principal place of business at
1126 East State Rd. 434 Winter Sorings. FL and Tyler Technologies, Inc., MUNIS Division (MUNIS) with its principal place of business at
370 US Route One Falmouth, Maine, 04105 on this 2~ day of ,lulu. 2008.
The headings used in the Agreement are for reference purposes only and shall not be deemed a part of this Agreement.
CUSTOMER agrees to purchase and MUNIS agrees to provide the services listed below in accordance with the following terms and
conditions.
I. Term of Agreement:
This Agreement is effective as of 10/01/2008 and shall remain in force until 09/30/2009 (one year term). Upon termination of this
Agreement CUSTOMER may renew the Agreement for subsequent one year periods at the then current fee structure as established by
MUNIS.
II. Scope of the Agreement:
Both parties acknowledge that this Agreement covers the services described below, for the operations of:
X City/Town School County Other
(This Agreement is limited to only those entities marked.)
III. Payment:
1. CUSTOMER agrees to pay MUNIS $10.463.50, for the services as described below. This payment is due and payable upon
execution of the Agreement.
2. Additional Charges. Any maintenance performed by MUNIS for CUSTOMER who is not covered by the Agreement will be
charged at the then applicable time rate. All materials supplied in connection with such non~overed maintenance or support
wilt be charged to CUSTOMER. Any additional charges will be added to the next invoice submitted to CUSTOMER and shall
be due on the same date as the other charges incuded in that invoice.
IV. Covered System:
Specified Hardware System:
Dell PowerEdge 1950
Windows 2003 EE
Database Products:
SQL Server 2005 Std
40 Users
V. Terms and Conditions for Support:
1. Scope of Services: MUNIS will provide the following services for the benefd of CUSTOMER.
a. OS/DBA Service is available during MUNIS's normal working hours (8:00 A.M. to 6:00 P.M., Eastern Standard Time,
Monday through Friday) for the term of this Agreement.
b. OS/DBA related trouble calls can be placed by dialing 1-800-772-2260 and choosing option 3, then choosing option
5.. At particular times, your call may be forwarded to the OS/DBA mailbox at extension 5545. In either caae, your
call will be recorded and answered on a first in first out basis, except on reports that declare your system is down,
which are moved to the head of the queue.
c. The Windows System Administration services are restricted to the Application Server that MUNIS is Installed on. In
cases where a stand by server is employed, the stand by server is included as long as the stand by server is only
used in the event of the primary application server failing. Specifically, the standard OS/DBA contract for Windows
System Administration support is intended to be for a single Windows Server; the MUNIS Application Server.
d. Database: The intended coverage for a standard OS/DBA contract is for a single MUNIS Application Server running
any number of MUNIS Application modules utilizing 1 live and 1 training database. Therefore, the Database
Administration services are restricted to 2 MUNIS Databases, defined as one live database and one training
database.
(1) In cases where multiple live databases exist, as is the case when more than one business entity shares the
MUNIS Application Server, each additional separate business entity is required to contract for the Database
Administration Services portion of the OS/DBA Services contract separately at a rate of 50% of the quoted
OS/DBA contract price. In this event, one of the business entities sharing the MUNIS Application Server is
required to purchase the OS/DBA contract at full price.
(2) In cases where multiple databases exist, and all databases belong to a single business entity, only one live and
one training database will be covered. Each additional database pair of one live and one training, or one live
and no training, must be contracted for separately at the rate of 50% of the quoted OS/DBA contract price.
e. MUNIS Application Software: MUNIS GUI: The standard OS/DBA service includes coverage for one or two complete
sets of MUNIS GUI application programs and forms, defined as one live set and one training set.
f. MUNIS Required Foundation Software
(1) The standard OS/DBA contract includes a single installation of all MUNIS required foundation software.
Revised 7/20/2005
(2) MUNIS required foundation software is defined as any software required to run MUNIS. This includes Database
Engine software, Informix 4GL Runtime software, Informix Dynamic 4GL software and 4J's Universal Compiler
Runtime software.
(3) In no case does the OSIDBA contract supply support for any Microsoft Product including the PC operating
system.
g. In cases where multiple installations of foundation software exist for any purpose other than as required for a stand
by or back up server configuration, such as a development installation, only the installation required to run MUNIS is
covered under the standard OS/DBA contract.
h. The scope of the service provided by a standard OS/DBA contract is restricted to the installation and configuration of
MUNIS Application software and MUNIS required foundation software as originally installed on the MUNIS
Application Server.
i. Further services in the category of Windows System Administration are limited to administrative tasks on the installed
Operating System.
j. Further services in the category of Data Base Administration are limited to administrative tasks on the installed
Database Engine software.
2. Limitations and Exclusions:
a. This Agreement does include the installation and configuration of a new or upgraded server once every two years.
b. This Agreement does not inc-ude the installation and configuration of a new Informix Engine.
c. This Agreement does not provide support for software not required to run MUNIS.
e. This Agreement does not provide support for software required but not recommended (i.e. terminal emulation
software that has not been recommended by MUNIS).
3. CUSTOMER Responsibilities:
a. CUSTOMER shall provide, at no charge to MUNIS, full and free access to the programs covered hereunder: working
space; adequate facilkies within a reasonable distance from the equipment; and use of machines, attachments, features,
or other equipment necessary to provide the specified support and maintenance service.
b. CUSTOMER shall install and maintain for the duration of this Agreement, a modem and associated dial-up telephone line
or other connection method acceptable to MUNIS. CUSTOMER shall pay for installation, maintenance and use of such
equipment and associated telephone line use charges. MUNIS at its option, shall use this modem and telephone line in
connection with error correction. Such access by MUNIS shall be subject to prior approval by CUSTOMER in each
instance.
4. Non-Assignability: CUSTOMER shall not have the right to assign or transfer its rights hereunder to any party.
5. Excused Non-Performance: MUNIS shall not be responsible for delays in servicing the products covered by this
Agreement caused by strikes, lockouts, riots, epidemic, war, government regulations, fire, power failure, acts of God, or other
causes beyond its control.
6. Limitation of Liability: The liability of MUNIS is hereby limited to a claim for a money judgement not exceeding the total
amount paid by CUSTOMER for servlcee under this Agreement. CUSTOMER SHALL NOT IN ANY EVENT BE ENTITLED
TO, AND MUNIS SHALL NOT BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY NATURE. EVEN IF MUNIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IRRESPECTIVE OF
THE NATURE OF CUSTOMER'S CLAIM.
VI. General
1. Governing Law: This agreement shall be governed by, and construed in accordance with, the laws of the client's state of
domicile. The invalidity or unenforceability of any provisions of this agreement shall not affect the validity or enforceability of
any other provision.
2. Modification of this Contract: No modifications or amendment of this Agreement shall be effective unless set forth in writing
and signed by both CUSTOMER and MUNIS.
3. Suspension: Support attd services will be suspended whenever CUSTOMER' account is thirty days overdue. Support and
services will be reinstated when CUSTOMER' account is made current
4. Trademarks: MUNIS and the MUNIS Logo are registered trademarks of MUNIS, Inc.
CUSTOMER'
~~w ~~~
9-i/-~~
Date
Tyler Technologies, Inc., MUNIS Division
Richard E. Peterson, Jr., President
July 22, 2008
Date
'CUSTOMER' acceptance signature is optional. Payment of this contract by CUSTOMER signifies acceptance of the terms and
conditions outlined herein. MUNIS will not accept any changes to this contract.
Revised 7/20/2005
AFFIDAVIT
State of Florida ~~~( I~LI~L~
County of _Seminole.
Before me this day personally appeared
being duly sworn, deposes and says:
k~ `~`~~ ~ . ~ ~. 1~`+vt-cj who
In regards to the following listed product(s): _Business Licenses
_City of Winter Springs_ acknowledges that it no longer will receive software updates,
"bug fixes" or telephone support for the listed products.
_City of Winter Springs_ acknowledges that, if it decides to later utilize the listed
products, it must either repurchase the license for the products or remit payment for
support fees that would have been due if the products had remained in continual use.
~~w ~~
Authorized Representative
Sworn to and subscribed before me this ~~`~' day of S~ ~ 200
vW~" ~--~
Signature of Notary Public:
Name of Notary Public: ~ ~ ' ., ~,~(.,~~
Notary Public, State of : I ~~", ; "° N`c~ce 9r ~ o~da
My commission Expires:
I
---- ~ *
~ j ~ •~
'r; , e~
~ • ° - F ndrea Lor,,nZC~LUeca~9
Wlv l:ommi3siur i~0664334
cx~e~U~1091'1U11
Revised 3/7/2007