HomeMy WebLinkAboutMunis Annual Operating System Agreement October 2007 till September 2008 -2007 10 08
ANNUAL AGREEMENT FOR
OPERATING SYSTEM & DATABASE ADMINISTRATION SUPPORT
__C~t~~ J o~nne'p_~):~?__
407-327-5975
~-~_._- - ----
Invoice to:. City ~'vVinter~pring,,----
Addres,,: 1126 ~.;;t State Rd. 4~~Winter Springs, ~Iorida 32708- ________ Telepl",.'!".:.
Thi!" Agreement (herein "Agreement") is entered into between Qt.Y..Qf_Winter Spnnqs (CUSTOMER) with its principal place or business at
1126 East Stale Rd..434 _Y'/il~l.er Sprillqs..Jlorida and Tyler Technologies. Inc., MUNIS Division. (MUNIS) wilh ils principal place of
business at 370 US Route One Falmouth, Maine. 04105 on this JQ dCty of d.uly, 2007.
The headings used in the Agreement are for reference pllrpose$ Dilly and shall not be deemed a part of this Agreemenl.
The CUSTOMER agrees to purdmse and MUN1S agrees 10 provide the services listed below in accordance wilh the following terms and
conditions.
Term of Agreement:
This Agreementis effeclivo as of 10/1/2007 and shall remain in force un(il.m~9LZ008 (one year term). UPf)n tennination of this Agreement
CUSTOMER may ret'tew the Agreement for sub::;equent one year periods at the then current fee structure as established by MUNIS.
II. Scope of the Agreement:
Bolh parties acknowledge that {his Agleernent covers Ule services described below, for lheoperations of~
X CityfT own School County Other
(This Agreement is limBed 10 only those enlilies marked.)
III. Payment:
1. CUSTOMER agrees (0 pay MUNtS $M65.03, for the services as described below. This payfileht is due and payable upon
execution of the Agreement
2. Additional Charges, Any services performed by MUNIS for CUSTOMER which is. not covered by the Agreement will be
charged al Ihe then rlpplicable time rate. All materiats supplied ill connection with slldl nOll-covered maintenance or support
will be charged to CUSTOMER Any additional charges will be added 10 the next invoice submitled 10 CUSTOMER and shall
he due 011 the same date as the other charges included in tl1at invoice.
IV. Covered System:
Specified Hardware Syslem:
Oell Power Edge 2601)
SCO UNIX 5.0.7
Dalc:Jbase Products:
Informix SE 725
40 Users
V. Terms rind Conditions for Support:
1. Scope of Services: MUN1S will provide the following service..<:: far '~e benefit of CUSTOMER
a. as/DBA Service is cwail8ble duling MUNIS's normal workiny hours (8:00 AM. to 6:00 P.M.. Eastern St::Jndard Time,
Monday Ihrouglr Flidey) 101 lire lerm ollhis Agreernenl
b. OS/DBA related trouble calls can be placed by dialing 1-800-772.2260 and choosing option 3. then choosing option
5. AI parliculal tinles, your call may be forwarded to lhe as/DBA mailbox at extension 5545. In either case, your
call will be recorded and answered 011 a fir~1 in 01 sl oul basis, exr;ept on reports thai deClare your system is down,
which are moved 10 the head of tile queue
c. Unix System Administration services are restricted to lhe Application Server on which MUNIS is installed. In cases
where a slanu by server is employe~, the stand by server is included as long as the stand by server is only used in
the event of lhe primary application server failing. Specifically, the standard as/DBA conlract lor UNIX System
Adrninis'lfalion surpert is intended to be for a single UNIXServer; the MUNIS Application Server.
d. Database: Th~ intended coverage for a standard as/DBA contract is for a single MUNIS Application Server running
any number or MUN1S Application modules uliliz.ing 1 live and 1 training datahase. Therefore, the Database
Adminislralion services are restricted to 2 MUN1S Datahases, defined as one live database and one training
databa5e.
(1) In cases where multiple live databases exist, as is the case when more than one business enUly shares the
MUNIS ^pplication Server, each addilional separate business entity is required (0 contracl fOl the Database
Administration Services portion of tile as/DBA Services contract separately at a rate of 50% of the quoted
as/DBA contract price. In this event, one of lhe business entities sharing the MUNIS Application Server is
required to purchase the as/DBA contU:lct at full price.
e.
(2) In Gases where multiple dalabases exist, ::md alt dat(ihases belong to a single business entity, only one live and
unetruining'databClSp. w;U-':ue coveleJ. Fadl additi,onal 08!,JUlJSe pair of one live anti olleiroining. cr une livF
and 110 h <lining, musl be conhaclecl for separately ;3tlhe rate of 50% of the Quoled as/DBA contract price.
MUNIS Application Software: Tire stalldar) OS/DBA serviGe includes coverage for olle or two complete sets qr
MUNIS@ GUI application programs and rorlllt defined as one live set and olle training set. j
I I
, I
MUNtS Requiled Foundation Software I '
(1) The standard as/DBA contract inclUdesl a single installation of all MUNIS required foundation software. !
(2) MUNIS required foundation software Is ~er.ned as any software required 10 run MUNIS. This includes Dalabas~
Ennine software, IllrOfmlx 4GL Runllme sortw;:ne, lnrorrnrx Oynamlc 4GL software and 4J 5 Urllversal Compiler
Runlirnft software. I i
(3) In no case does the as/DBA contrt=lct; supply Sllpport for .any Microsoft Product including the PC operatin~
system. i I
: I
RerCd 7/20/2005 I
I
f.
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 conlract
h. The scope of the service provided by a standard as/DBA contract is restricted to the installation and configuration of
MUNIS Application software and MUNIS required foundation software as originally inslalled on Ihe MUNIS
Application Server.
Further services in the category of UNIX System Administration are hOliled to administrative l<1sks on the installed
Operating System.
j. Further services in the category of Data Base Administration are limited 10 administrative tasks on Ihe inslalled
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 configur<3tion of a new Informix Engine.
c. This Agreement does not provide support tor software not required to run MUNISQ!).
d. This Agreement does not provide support for software required but nol recommended (I.e. lerminal emulation
software thai 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 facilities within a reasonable dislance 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 duralion of Ihis Agreement, a modem and associated dial-up telephone iine
or other connection method acceptable 10 MUNIS. CUSTOMER shall pay for installation, maintenance and use of SllC,h
equipment and associ~led telephone line use charges. MUNIS at its option, shall use Ihis modem and telephone line in
connection with error correction. Such access by MUNIS sllall be subject 10 prior approval by CUSTOMER in each
instance.
4. Non-Assignability: CUSTOMER shall not have the right 10 assign or transfer its rights hereunder to any party.
5. Excused Non-Performance: MUNIS shall not be responsible for delays in selVicing the products covered by this
Agreement caused by strikes, lockouts, riots, epidemic, war, govemment regulations, fire, power faillJre, 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 lor services under Ihis 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 govemed 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 Ihis Agreement shall be effective unless set forih in wrifing
and signed by both CUSTOMER and MUNtS.
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 accounl is made currenl
4. Trademarks: MUNIS and tile MUNIS Logo are registered tradt':lllarks of MUNIS, Inc
CUSTOMER22
Tyler Technologies, Inc., MUNIS Division
Ku4d Jtl. m'-~;/.
, i
~.I SlC?1
Date +-=t
~
Richard E. Peterson, Jr., President
Julv 30 2007
Date
22 CUSTOMER's acceptance signalure is optional Payment of this conlracl by CUSTOMER signifies acceptance of the terms and
conditions outlined herein.MUNIS will not accept any changes to Ihis contract.
Revised 7/20/200)
ANNUAL SUPPORT AGREEMENT AND LICENSE AGREEMENT
FOR MUNIS@ SOFTWARE
Invoice to:
2134
City of Winter Springs
Attn: Accounts Payable
1126 East State Rd. 434
Winter Springs, FL 32708
Contact:
Joanne Dalka
Address:
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
I st day of October 2007
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 10/0 1/07 and shall remain in force until 09/30/08 (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~ment covers both Support and Licensing for ~oducts listed below, used by the
Licensee for the operations of: L2U City/TownNiIlage D School U County D Other
(This Agreement is limited to only those entities marked.)
III. Payment
1. Licensee agrees to pay MUNIS $ 39,860.10 ,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 Prod ucts
This Agreement is limited to the following listed products which are registered for Licensee's
system.
SCO Unix 5.0.7
Application:
Accounting/GLBG/ AP
Accounts 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
o
o
B
o
o
B
o
o
B
o
o
D
D
o
o
Application:
Utility Billing
o
Licensee 1
Tyler Technologies, Inc., MUNIS ~ivision
Date
Richard E. Peterson, Jr., President
Date
September 25, 2007
* 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.
I 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 8/4/2006
V. Terms and Conditions for Licensing:
I. Grant of License: Upon execution of this Agreemen~ Licensee is hereby granted the non-exclusive and non-transferable license and
right to use the current version of the MUNIS 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 MUNIS 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:
I. 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
Agreemen~ 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. [n the event that support
representatives are unavailable to receive calls, messages will be taken and calls will be returned within one working day.
b.) MUNIS 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.) MUN[S will maintain staff that is appropriately trained to be familiar with Licensee's software programs that are listed in Section
[V in order to render assistance, should it be required.
d.) MUN[S 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.) [n the case of system software new Release(s), the Licensee will also be required to pay whatever fees the manufacturer charges
to MUNIS 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.
2. Limitations and Exclusions: The support and services of this Agreement do not include the following:
a.) [nstallation 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 Agreemen~ a modem and associated dial-up telephone line or
other connection method acceptable to MUNIS. The Licensee shall pay for installation, maintenance and use of such equipment
and associated telephone line use charges. MUN[S 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 ofMUN[S 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 [N 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.
VII.
1.
2.
General
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.
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.
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
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 COMMUN[CA TrONS BETWEEN THEM RELATING TO THE SOFTWARE SUPPORT AND MAINTENANCE
SERVICE OF THE PRODUCTS COVERED BY THIS AGREEMENT.
Trademarks: MUNIS and the MUNlS Logo are registered trademarks of Tyler Technologies, Inc.
3.
4.
5.
Revised 8/4/2006