HomeMy WebLinkAbout2008 09 08 Consent 202 Munis Annual Maintenance and Support ContractCOMMISSION AGENDA
ITEM 202
September 8.2008
Regular Meeting
Public Hearing
Regular
Consent X
Information
Mgr. / Dept.
Authorization
REQUEST: Information Services requests Commission authorization to
pay the Munis annual maintenance and support contract in
the amount of $52,732.50 and to authorize the City
Manager's signature on the Annual Support & License
Agreement as well as the Annual Operating System &
Database Administration Support (OSDBA) Agreement.
PURPOSE: To obtain authorization to pay $52,732.50 to continue the annual
Munis maintenance and support contract and to also authorize the
City Manager's signature on the Annual Support & License
Agreement as well as the Annual OSDBA Agreement.
CONSIDERATIONS:
Munis is the City's enterprise financial software package. The Munis
maintenance and support agreement is renewable annually and is up for
renewal for the period of 10-01-08 through 09-30-09. It covers all Munis
software application modules.
Munis software modules support $39,869.00
GUI support $ 2,400.00
OSDBA support $10,463.50
FUNDING:
I:\Admin_Docs\Agenda Items\FY 2008\090808_COMM Consent 202_Munis_Annual_Support.doc
No additional funding necessary. Already included in FY 2009 budget.
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING -SEPTEMBER 8, 2008
CONSENT AGENDA ITEM 202
PAGE 2 OF 2
RECOMMENDATIONS: We recommend that the Commission authorize payment in the
amount of $52,732.50 for the annual renewal of the Munis maintenance
and support agreement and that the Commission also authorize the City
Manager to sign the above named agreements.
ATTACHMENTS: ATTACHMENT 1-Annual Support Agreement and License Agreement
for Munis Software (2 pages)
ATTACHMENT 2 -Annual Agreement For OSDBA (2 pages)
There is no attachment for the GUI support
COMMISSION ACTION:
I:Wdmin_Docs\Agenda Items\FY 2008\090808_COMM_Consent 202_Munis_Annual Support.doc
Annual Agreement For
Operating System & Database Administration Support
invoice to: CRy of Winter Springs Contact Joanna Dalka
.Address: 1126 East State Rd. 434 Winter Springs FL 32708 Telephone (407) 327-1800
This Agreement (herein "Agreement") is entered into between ~ of Winter Sorinas (CUSTOMER) with its principal place of business at
1126 East State Rd. 434 Winter Sorinas. FL and Tyler Technologies, Ina, MUNIS Division (MUNIS) with its principal place of business at
370 US Route One Falmouth, Maine, 04105 on this ~ day of July. 2008,
The headings used in the Agreement are for reference purposes only and shall not be deemed a part of this Agreement.
CUSTOMER agrees to purchase and MUNIS agrees to provide the services listed bebw in accordance with the following terms and
conditions.
Term of Agreement:
This Agroement is effective as of 1 0/0112 0 0 8 and shall remain in force until Q~(jQQ$ (one year term), Upon termination of this
Agreement CUSTOMER may renew the Agroement for subsequent one year periods at the then currant fee structure as estabihshed 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 ony those entities marked.)
III. Payment:
1. CUSTOMER agrees to pay MUNIS X10.463.50, 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 tkien applyable time rate. Atl materials supplied In connection with such non-covered maintenance or support
will 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 Included in that Invoice.
IV. Covered System:
Specked Hardware System:
Dell PowerEdge 1950
windows 2003 EE
Database Products:
SOL Server 2005 Std
40 Users
V. Terms and Conditions for Support:
1. Scope of Services: MUNIS will provide the following services for the benefit of CUSTOMER.
a. OS/DBA Service is available during MUNIS'a normal working houa (8:00 AM. to B:00 P.M., Eastern Standard Time,
Monday through Friday) for the term of this Agreement.
b. OS/DBA related trouble calls Cah be placed by dialing 1-800-772-2260 and choosing option 3, then choosing option
5.. At particular times, your calf may be forwarded to the OS/DBA mailbox at extension b545. In either case, your
call will be recorded and arswered on a first In first out basis, except on reports that declare your system fa 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 (s included as long as the stand by server is only
used in the event of the primary application server falling. Spedfically, 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 contrail 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 contrail 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 Nve 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 fortes, defined as one live set and one training set.
f. MUNIS Required Foundation Software
(1) The standard OS/DBA contract incudes a single installation of all MUNIS required foundation software.
Revised 7/202005
(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 OS/DBA 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 include the installation and configuration of a new Inforrix 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 ResponslbiliUes:
a. CUSTOMER shall provide, at no charge to MUNIS, full and free access to the programs covered hereunder: working
space; adequate facilities within a roasonable 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-Perfo-mance: MUNIS shall not be responsible for delays in servicing the products covered by this
Agreement caused by strikes, bckouts, riots, epidemic, war, government regulations, fire, power failure, ads of God, or other
causes beyond Rs control.
6. Limitation of Liability: The liabilfty of MUNIS is hereby limited to a Gaim for a money judgement not exceeding the total
amount paid by CUSTOMER for servloes 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 invalidRy or unenforoeability of any provisions of this agreement shall not affect the validity or enforceability of
any other provision.
2. ModtficaUon 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: SuppoR and services will be suspended whenever CUSTOMER'S account is thirty days overdue. Support and
services will be reinstated when CUSTOMER'S account is made current
4. Trademarks: MUNIS and the MUNIS Logo are registered trademarks of MUNIS, Inc.
CUSTOMER'
Tyler Technologies, Inc., MUNIS Division•
Date
Richard E. Peterson, Jr., President
Julv 22, 2008
Date
'CUSTOMER'S acceptance signature is optional. Payment of this contract by CUSTOMER signifies acceptance of the terms and
condRions outlined herein. MUNIS will not accept any changes to this contract.
Revised 7/20/2005
ANNUAL SUPPORT AGREEMENT AND LICENSE AGREEMENT
FOR MUNIS® SOFTWARE
Invoice to: Contact:
2134 City of Winter Springs Joanne Dalka
1126 East State Rd., 434
Address: Winter Springs, FL 32708 Telephone:
407.327.1800
This Support and License Agreement (herein "Agreement") is entered into between City of Winter Springs
(Licensee) with its principal place of business at 1126 East State Rd., 434, Winter Springs, FL
and Tyler Technologies, Inc., MUNIS Division, (Licensor) with its principal place of business at 370 US Route One,
Falmouth, Maine, 04105 on this
1st day of October 2008
The headings used in the Agreement are for reference purposes only and shall not be deemed a part of this Agreement.
The Licensee agrees to purchase and MUNIS agrees to provide services for the products listed below in accordance with the
following terms and conditions.
I. Term of Agreement
This Agreement is effective as of 10/01/08 and shall remain in force until 09/30/09 (one-year term).
Upon termination of this Agreement the Licensee may renew the Agreement for subsequent one-year periods at the then
current fee structure as established by the Licensor.
II. Scope of the Agreement
Both parties acknowledge that this A ~reement covers both Support and Licensing for the roducts listed below, used by the
Licensee for the operations of: I ~ I City/TownNillage ~ School ~ County ~ Other
(This Agreement is limited to only those entities marked.)
III. Payment
] . Licensee agrees to pay MUNIS $ 39,869.00 ,for licensing and support services, as described below.
This payment is due and payable upon execution of the Agreement.
2. Additional charges. Any services performed by MUI`1IS for the Licensee, which are not covered by the Agreement,
will be charged at the then applicable time rate*. All materials supplied in connection with such non-covered
maintenance or support will be charged to the Licensee. Any additional charges will be added to the next invoice
submitted to the Licensee and shall be due on the same date as the other charges included in that invoice.
IV. Covered Products
This Agreement is limited to the following listed products which are registered for Licensee's SQL Server
system.
Application:
Accounting/GL/BG/AP
Account Receivable
Applicant Tracking
Bus Licenses
Fixed Assets
HR Management
MUNIS Crystal Reports
MUNIS Office
Payroll
Project & Grant Accounting
Purchase Orders
Requisitions
Tyler Forms -Postal Xpress
Tyler Forms Processing
UB Interface
Application:
D Utility Billing
D
B
D
D
B
D
D
B
D
D
D
D
D
D
D
Licensee
Date.
Tyler o ogres, IS Division
Richard E. Peterson, Jr., Preside
Date
August 9, _2008
* Current Billable Service Rates are available on request.
Rates are subject to change and a contract for services or a Purchase Order is required to hold a quoted rate.
~ Licensee's acceptance signature is optional. Payment of this contract by Licensee signifies acceptance of the terms and conditions
outlined herein. MLINIS will not accept any changes to this contract.
Revised 8/ 1 /2007
V. Terms and Conditions for Licensing:
1. Grant of License: Upon execution of this Agreement, Licensee is hereby granted the non-exclusive and non-transferable license and
right to use the current version of the MUMS Licensed Programs listed in Section IV., and related materials. This License will also
cover any additional revisions that Licensor may release during the term of this Agreement. The Licensor agrees to extend and the
Licensee agrees to accept a license subject to the terms arrd conditions contained herein for the cun•ent version of the MUMS software
products identified in Section IV.
2. Limited Use: The software products listed are licensed for use only for the benefit of the Licensee listed in this Agreement. This
license is registered for the Licensee's computer system identified in Section IV. As long as a current License and Support Agreement
is in place, this License may be transferred to any other hardware system used for the benefit of Licensee. Licensee agrees to notify
Licensor prior to transferring the licensed products to any other system. The right to transfer this license is included in the cost of this
Agreement. The cost for new media or any required technical assistance to accommodate the transfer would be billable charges to the
Licensee.
3. Confidentiality: The Licensee agrees that the Products are proprietary to the Licensor and have been developed as a trade secret at the
Licensor's expense. The Licensee agrees to keep the software products confidential and use its best efforts to prevent any misuse,
unauthorized use or unauthorized disclosures by any party of any or all of the Products or accompanying documentation.
4. Modification: The Products may be modified but such modification shall be only for the use on the Licensee's system for which the
Products are licensed and shall not cause the Licensee or anyone performing such modification to gain any proprietary or other interest
in the Products.
5. Copies: The Licensee may make copies of the licensed Products for archive purposes only. The Licensee will repeat any proprietary
notice on the copy of the Product. The documentation accompanying the product may not be copied except for internal use.
6. Warranty: For as long as a current software support agreement is in place, the Licensor will warrant that all MUNIS® software
programs will operate as described in the brochures and user manuals of MUMS. If a program fails to operate in the manrier described
within these documents, the Licensor will correct the problem at no charge to the Licensee. If Licensee has made modifications to the
software programs, Licensor will no longer warrant the performance of those programs, which contain modifications, unless
specifically authorized in writing by the Licensor.
VI. Terms and Conditions for Support:
1. Scope of Services: MUMS will provide the following services for the benefit of the Licensee.
a.) MUMS shall provide software-related telephone support to the Licensee. Support personnel will accept phone calls 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, limited to a reasonable number of calls of reasonable duration. Assistance and support requests, which require
special assistance from MUNIS's development group, will be taken and directed by support personnel. 1n the event that support
representatives are unavailable to receive calls, messages will be taken and calls will be returned within one working day.
b.) MUMS will continue to maintain a master set of the current computer programs on appropriate media, as well as hardcopy
printout of source code programs and documentation.
c.) MUMS will maintain staff that is appropriately trained to be familiar with Licensee's software programs that are listed in Section
IV in order to render assistance, should it be required.
d.) MUMS will provide Licensee with all program enhancements, modifications or updates that MUMS may make to the then
Current Release of the program applications covered in this Agreement.
e.) In the case of system software new Release(s), the Licensee will also be required to pay whatever fees the manufacturer charges
to MUMS for the new Release. Licensee understands that and agrees that six (6) months after shipment by MUMS of new
Releases, MUMS shall cease to support the earlier Release and for the balance of the term, MUNIS shall support the new
Release.
f) MUMS will make available appropriately trained personnel to provide Licensee additional training, program changes, analysis,
consultation, recovery of data, conversion, non-coverage maintenance service, etc., billable at the current per diem rate. All
expenses will be billed in accordance with the then current Tyler Travel Policy.
2. Limitations and Exclusions: The support and services of this Agreement do not include the following:
a.) Installation of the Licensed Software, onsite support, application design, and other consulting services, or any support requested
outside of normal business hours.
b.) The Licensee shall be responsible for implementing at its expense, all changes to the Current Release. Licensee understands that
changes famished by MUMS for the Current Software Release are for implementation in the Current Software Release, as it
exists without customization or Licensee alteration.
3. Licensee Responsibilities:
a.) The Licensee shall provide, at no charge to MUMS, full and free access to the programs covered hereunder: working space;
adequate facilities 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.) The Licensee shall install and maintain for the duration of this Agreement, a modem and associated dial-up telephone line or
other connection method acceptable to MUMS. The Licensee shall pay for installation, maintenance and use of such equipment
and associated telephone line use charges. MUMS at its option, shall use this modem and telephone line in connection with error
correction. Such access by MUMS shall be subject to prior approval by the Licensee in each instance.
~. Non-Assignability: The Licensee shall not have the right to assign or transfer its rights hereunder to any party.
5. Excused Non-Performance: MUMS 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 MUMS is hereby limited to a claim for a money judgement not exceeding the total amount
paid by the Licensee for services under this Agreement. THE LICENSEE SHALL NOT IN ANY EVENT BE ENTITLED TO, AND
MUMS SHALL NOT BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
NATURE, EVEN IF MUMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IRRESPECTIVE OF THE
NATURE OF THE LICENSEE'S CLAIM.
VII. General
1. Governing Law: This agreement shall be governed by, and construed in accordance with the laws of 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 the Licensee and MUMS.
3. Suspension: Support and services will be suspended whenever Licensee's account is thirty days overdue. Support and services will be
reinstated when Licensee's account is made current.
4. Entire Agreement: THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN THE LICENSEE AND MUMS WHICH SUPERSEDES ALL PROPOSALS, ORAL OR WRITTEN,
AND OTHER COMMUNICATIONS BETWEEN THEM RELATING TO THE SOFTWARE SUPPORT AND MAINTENANCE
SERVICE OF THE PRODUCTS COVERED BY THIS AGREEMENT.
5. Trademarks: MUMS and the MUMS Logo are registered trademarks of Tyler Technologies, Inc.
Revised 8/1/2007
Annual 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:
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~ • ° - F ndrea Lor,,nZC~LUeca~9
Wlv l:ommi3siur i~0664334
cx~e~U~1091'1U11
Revised 3/7/2007
ANNUAL SUPPORT AGREEMENT AND LICENSE AGREEMENT
FOR MUNIS® SOFTWARE
Invoice to: Contact:
2134 City of Winter Springs Joanne Dalka
1126 East State Rd., 434
Address: Winter Springs, FI, 32708 Telephone:
407.327.1800
This Support and License Agreement (herein "Agreement") is entered into between City of Winter Springs
(Licensee) with its principal place of business at 1126 East State Rd., 434, Winter Springs, FL
and Tyler Technologies, Inc., MUNIS Division, (Licensor) with its principal place of business at 370 US Route One,
Falmouth, Maine, 04105 on this
1st day of October 2008
The headings used in the Agreement are for reference purposes only and shall not be deemed a part of this Agreement.
The Licensee agrees to purchase and MUNIS agrees to provide services for the products listed below in accordance with the
following terms and conditions.
I. Term of Agreement
This Agreement is effective as of 10/01/08 and shall remain in force until 09/30/09 (one-year term).
Upon termination of this Agreement the Licensee may renew the Agreement for subsequent one-year periods at the then
current fee structure as established by the Licensor.
II. Scope of the Agreement
Both parties acknowledge that this A ~reement covers both Support and Licensing for the roducts listed below, used by the
Licensee for the operations of: I ~ I City/Town/Village ~ School ~ County 0 Other
(This Agreement is limited to only those entities marked.)
III. Payment
1. Licensee agrees to pay MUNIS $ 39,869.00 ,for licensing and support services, as described below.
This payment is due and payable upon execution of the Agreement.
2. Additional charges. Any services performed by MUNIS for the Licensee, which are not covered by the Agreement,
will be charged at the then applicable time rate*. All materials supplied in connection with such non-covered
maintenance or support will be charged to the Licensee. Any additional charges will be added to the next invoice
submitted to the Licensee and shall be due on the same date as the other charges included in that invoice.
IV. Covered Products
This Agreement is limited to the following listed products which are registered for Licensee's SQL Server
system.
Application:
Accounting/GL/BG/AP
Account Receivable
Applicant Tracking
Bus Licenses
Fixed Assets
HR Management
MUNIS Crystal Reports
MUNIS Office
Payroll
Project & Grant Accounting
Purchase Orders
Requisitions
Tyler Forms -Postal Xpress
Tyler Forms Processing
UB Interface
Application:
D Utility Billing
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B
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Licensee
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Date
Ty echnologies, dR7i~S~ivision
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Richard E. Peterson, Jr., Pre ' ent
Date August 19, 2008
* Current Billable Service Rates are available on request.
Rates are subject to change and a contract for services or a Purchase Order is required to hold a quoted rate.
~ Licensee's acceptance signature is optional. Payment of this contract by Licensee signifies acceptance of the terms and conditions
outlined herein. MUNIS will not accept any changes to this contract.
Revised 8/1/2007
V. Terms and Conditions for Licensing:
1. Grant of License: Upon execution of this Agreement, Licensee is hereby granted the non-exclusive and non-transferable license and
right to use the current version of the MUMS Licensed Programs listed in Section IV., and related materials. This License will also
cover any additional revisions that Licensor may release during the term of this Agreement. The Licensor agrees to extend and the
Licensee agrees to accept a license subject to the terms and conditions contained herein for the current version of the MUMS software
products identified in Section IV.
2. Limited Use: The software products listed are licensed for use only for the benefit of the Licensee listed in this Agreement. This
license is registered for the Licensee's computer system identified in Section IV. As long as a current License and Support Agreement
is in place, this License may be transferred to any other hardware system used for the benefit of Licensee. Licensee agrees to notify
Licensor prior to transferring the licensed products to any other system. The right to transfer this license is included in the cost of this
Agreement. The cost for new media or any required technical assistance to accommodate the transfer would be billable charges to the
Licensee.
3. Confidentiality: The Licensee agrees that the Products are proprietary to the Licensor and have been developed as a trade secret at the
Licensor's expense. The Licensee agrees to keep the software products confidential and use its best efforts to prevent any misuse,
unauthorized use or unauthorized disclosures by any party of any or all of the Products or accompanying documentation.
4. Modification: The Products may be modified but such modification shall be only for the use on the Licensee's system for which the
Products are licensed and shall not cause the Licensee or anyone performing such modification to gain any proprietary or other interest
in the Products.
5. Copies: The Licensee may make copies of the licensed Products for archive purposes only. The Licensee will repeat any proprietary
notice on the copy of the Product. The documentation accompanying the product may not be copied except for internal use.
6. Warranty: For as long as a current software support agreement is in place, the Licensor will warrant that all MUNIS® software
programs will operate as described in the brochures and user manuals of MUNIS. If a program fails to operate in the manner described
within these documents, the Licensor will correct the problem at no charge to the Licensee. If Licensee has made modifications to the
software programs, Licensor will no longer warrant the performance of those programs, which contain modifications, unless
specifically authorized in writing by the Licensor.
VI. Terms and Conditions for Support:
1. Scope of Services: MUNIS will provide the following services for the benefit of the Licensee.
a.) MUNIS shall provide software-related telephone support to the Licensee. Support personnel will accept phone calls 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, limited to a reasonable number of calls of reasonable duration. Assistance and support requests, which require
special assistance from MUNIS's development group, will be taken and directed by support personnel. In the event that support
representatives are unavailable to receive calls, messages will be taken and calls will be returned within one working day.
b.) MUN[S will continue to maintain a master set of the current computer programs on appropriate media, as well as hardcopy
printout of source code programs and documentation.
c.) MUMS will maintain staff that is appropriately trained to be familiar with Licensee's software programs that are listed in Section
IV in order to render assistance, should it be required.
d.) MUNIS will provide Licensee with all program enhancements, modifications or updates that MUNIS may make to the then
Current Release of the program applications covered in this Agreement.
e.) In the case of system software new Release(s), the Licensee will also be required to pay whatever fees the manufacturer charges
to MUMS for the new Release. Licensee understands that and agrees that six (6) months after shipment by MUNIS of new
Releases, MUNIS shall cease to support the earlier Release and for the balance of the term, MUNIS shall support the new
Release.
f) MUNIS will make available appropriately trained personnel to provide Licensee additional training, program changes, analysis,
consultation, recovery of data, conversion, non-coverage maintenance service, etc., billable at the current per diem rate. All
expenses will be billed in accordance with the then current Tyler Travel Policy.
2. Limitations and Exclusions: The support and services of this Agreement do not include the following:
a.) Installation of the Licensed Software, onsite support, application design, and other consulting services, or any support requested
outside of normal business hours.
b.) The Licensee shall be responsible for implementing at its expense, all changes to the Current Release. Licensee understands that
changes furnished by MUNIS for the Current Software Release are for implementation in the Current Software Release, as it
exists without customization or Licensee alteration.
3. Licensee Responsibilities:
a.) The Licensee shall provide, at no charge to MUNIS, full and free access to the programs covered hereunder: working space;
adequate facilities 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.) The Licensee shall install and maintain for the duration of this Agreement, a modem and associated dial-up telephone line or
other connection method acceptable to MUMS. The Licensee 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 the Licensee in each instance.
4. Non-Assignability: The Licensee 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 the Licensee for services under this Agreement. THE LICENSEE 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 THE LICENSEE'S CLAIM.
VTI. General
1. Governing Law: This agreement shall be governed by, and construed in accordance with the laws of 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 the Licensee and MUNIS.
3. Suspension: Support and services will be suspended whenever Licensee's account is thirty days overdue. Support and services will be
reinstated when Licensee's account is made current.
4. Entire Agreement: THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN THE LICENSEE AND MUNIS WHICH SUPERSEDES ALL PROPOSALS, ORAL OR WRITTEN,
AND OTHER COMMUNICATIONS BETWEEN THEM RELATING TO THE SOFTWARE SUPPORT AND MAINTENANCE
SERVICE OF THE PRODUCTS COVERED BY THIS AGREEMENT.
5. Trademarks: MUNIS and the MUNIS Logo are registered trademarks of Tyler Technologies, Inc.
Revised 8/1/2007