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Home My WebLink AboutMunis Annual Operating System Agreement October 2002 till September 2003 -2002 10 01 , ANNUAL AGREEMENT FOR . OPERATING SYSTEM - OAT ABASE ADMINISTRATION SUPPORT Invoice to: City of Winter Springs Contact: Joanne Dall<a Address: 1126 East State Road 424 Winter Springs, FL 32708 Telephone: 1-407-327-5975 This Agreement (herein "Agreement") Is entered into between City of Winter Sorines (CUSTOMER) with its principal place of business at 1126 East State Road 424 Winter Sorinos. FL 32708 and MUNlS (COMPANY) with Its principal place of business at 370 US Route One Falmouth, Maine, 04105 on this 24 day of Julv 2002. 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 COMPANY 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 October 1. 2002 and shall remain in force until Seotember 30. 2003 (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 the COMPANY. II. Scope of the Agreement: Both parties acknowledge that this Agreement covers the services described below, for the operations of: 181 CityfTown 0 School 0 County 0 Other (This Agreement Is limited to only those entities marked.) III. Payment: 1. CUSTOMER agrees to pay COMPANY $7.614.00, for the services as described below. This payment is due and payable upon execution of the Agreement. 2. Additional Charges. Any maintenance performed by COMPANY 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-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: Specified Hardware System: Number of Uve Databases: 1 SCO Openserver 5.0.5 Informix Or COBOL Products: Number of Uve Training Databases: 1 INFORMIX Standard Engine Version 7.24 UC10 V. Terms and Conditions for Support: 1. Scope of Services: COMPANY will provide the following services for the benefit of CUSTOMER. a. The OS/DBA Service is available during COMPANY's normal working hours (8:00 A.M. to 4:30 P.M., Eastem 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. Calls will be received and logged by the trouble call coordinator. At particular times, your call may be forwarded to the OS/DBA mail box at extension 5545. In either case, 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 Unix 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 UNIX System Administration support is intended to be for a single UNIX Server; the MUNIS Application Server. d. Database: Informlx Engine (MUNIS GUI): 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. Database: COBOL MUNIS: The Database Administration services are restricted to 2 COBOL MUNIS Databases, defined as one live database and one training database. (1) In cases where multiple live databases exists, 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. f. 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. g. Application Software: MUNlS COBOL: The standard OS/DBA service includes coverage for one or two complete · sets of MUNlS COBOL application programs, defined as one live set and one training set. . Q h. MUNIS Required Foundation Software (1) The standard OS/DBA contract includes a single installation of all MUNIS required foundation software. (2) MUNIS required foundation software Is defined as any software required to run MUNIS. This includes Informix Database Engine software, Informix 4GL Runtime software, Informix Dynamic 4GL software, Informix TCPIIP software, Informix I-STAR software, Informix I-Connect software, Informix SDK software, 4J's Universal Compiler Runtime software and Liant RMlCOBOL software. (3) In no case does the OS/DBA contract supply support for any Microsoft Product including the PC operating system. i. 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. j. The scope of the service provided by a standard OS/DBA contract is restricted to the installation and configuration of MUNlS Application software and MUNIS required foundation software as originally installed on the MUNIS Application Server. k. Further services in the category of UNIX System Administration are limited to administrative tasks on the Installed Operating System. I. Further services In the category of Data Base Administration are limited to administrative tasks on the Installed Informix Engine software. 2. Limitations and Exciuslons: a. This Agreement does not Include the installation and configuration of a new or upgraded server. b. This Agreement does not include the installation and configuration of a new or upgraded Informix Engine. c. Year 2000 (Y2K) compliance of any covered OS or 3R1 party software package Is not included. Year 2000 readiness issues for MUNIS software and MUNIS required foundation software are being addressed through a separate initiative, and are not specifically covered under the standard OS/DBA contract. d. 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 COMPANY). 3. CUSTOMER Responsibilities: a. CUSTOMER shall provide, at no charge to COMPANY, 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. CUSTOMER shall install and maintain for the duration of this Agreement, a modem and associated dlal-up telephone line. CUSTOMER shall pay for Installation, maintenance and use of such equipment and associated telephone line use charges. COMPANY at its option, shall use this modem and telephone line in connection with error correction. Such access by COMPANY shall be subject to prior approval by CUSTOMER in each instance. 4. Non-Asslgnabllity: CUSTOMER shall not have the right to assign or transfer its rights hereunder to any party. 5. Excused Non-Performance: COMPANY shall not be responsible for delays in servicing the products covered by this Agreement caused by strikes, lockouts, riots, epidemic, war, govemment regulations, fire, power failure, acts of God, or other causes beyond its control. 6. Limitation of liability: The liability of COMPANY Is hereby limited to a claim for a money judgement not exceeding the total amount paid by CUSTOMER for services under this Agreement. CUSTOMER SHALL NOT IN ANY EVENT BE ENTITLED TO, AND COMPANY SHALL NOT BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE. EVEN IF COMPANY 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 govemed by, and construed in accordance with, the laws of the State of Maine. The invalidity or unenforceability of any provisions of this agreement shall not effect 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 COMPANY. 3. Suspension: Support 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 Ci?=~?IfR ._ ~~ ~ 8 I d.O():J- ~ ~v.-I ~~ Date ' Date lCUSTOMER's acceptance signature Is optional. Payment of this contract by CUSTOMER signifies acceptance of the terms and conditions outiined herein. COMPANY will not accept any changes to this contract