The URL can be used to link to this page

Home My WebLink AboutMunis Software - Annual Support Agreement and License Agreement -2012 t . ANNUAL SUPPORT AGREEMENT AND LICENSE AGREEMENT FOR MUNIS® SOFTWARE Invoice to: Contact: 3078 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 2012 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 10/01/12 and shall remain in force until 09/30/13 (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: City/TownNillage School County Other (This Agreement is limited to only those entities marked.) III. Payment 1. Licensee agrees to pay MUNIS $ 49,784.20 ,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 Windows 2003 EE system. Application: Application: Accounting/GL/BG/AP D Utility Billing D Account Receivable D Applicant Tracking B Fixed Assets D HR Management B MUNIS Crystal Reports D MUNIS Office D Payroll B Project&Grant Accounting D Purchase Orders D Requisitions D Tyler Forms—Postal Xpress D Tyler Forms Processing D UB Intetface D Employee Self Service,- B icensee� Tyl- c ologies, In • ' I'vision 7Z., c 4 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 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: 1. Scope of Services:MUMS 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.) 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.) MUNIS 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 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. 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. -J 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 MUNIS.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 rau P ses beyond its cor ol. 6 6. Limitation of Liability: The liability of MUNIS is hereby limited to a claim for a money judgement not eXebedinv the total amount paid by the Licensee for services under this Agreement. THE LICENSEE SHALL NOT IN ANY EVT BE ENTITLED TO AND I MUNIS SHALL NOT BE LIABLE FOR,INDIRECT,SPECIAL,INCIDENTAL,OR CONSEQkJF FIAL DAMAGES OF ANY NATURE, EVEN.IF MUNIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DA1v1 GI IRUSPECTIVE OF THE„„' NATURE OF THE LICENSEE'S CLAIM. v' A Annual Agreement For Operating System & Database Administration Support Invoice to: City of Winter Springs Contact: Joanne Dalke Address: 1126 East State Rd.434 Winter Springs,FL 32708 Telephone: (407)327-1800 This Agreement(herein"Agreement")is entered into between City of Winter Springs(CUSTOMER)with its principal place of business at 1126 East State Rd. 434 Winter Springs, FL 32708 and Tyler Technologies, Inc., MUNIS Division (MUNIS)with its principal place of business at One Cole Haan Dr Yarmouth,Maine,04096 on this 29 day of August,2012. 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 tis'effective as of 10/01/2012 and shall remain in force until 09/30/2013 (one year term). Upon termination of this Agreement CU;TOMER,tnay renew the Agreement for subsequent one year periods at the then current fee structure as established by MUNIS. II. Scope 01 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$12.477.27,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-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: Dell PowerEdge 1950 Windows 2003 EE Database Products: SQL Server 2005 Std 1 Users V. __? Support: 1. Scope of Services:MUNIS will provide the following services for the benefit of CUSTOMER. a. OS/DBA Service is available during MUNIS's normal working hours(8:00 A.M. to 9:00 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 1851. 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. System Administration services are restricted to the Production Server(s)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 Production 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 one live, one train and one test database. Therefore, the Database Administration services are restricted to three MUNIS Databases, defined as one live database and one train and one test database. (1) In cases where additional databases exist, as is the case when more than one business entity shares the MUNIS Application Server, each additional database is required to contract for the Database Administration Services portion of the OS/DBA Services contract separately at a quoted by Tyler based on site category. 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 ZIOZ/IIL posiAoj •pei;uoo sly;o;sa6ue4o Aue;daooe lou IIlm SINnW•uloioq paulpno suon!puoo pue sw.ial eyl ;o soueldeooe segiu6is 2i3WO1Sn0 Aq pei;uoo sly;;o wewAed •leuol;do s! amleu6ls aoueldeooe sk{3WOiSno, e eQ �IrrQ Z 1.0Z '6Z lsnony mod i / SG luepisaid `.Jr'uosJaled '3 preyoN uoisiAia S1NfW "out `sa!6olouyoal Jel(1 5g2i3WOlSf13 uua;;uauno-uay;ay;;o pus ay;o;Loud sAep(g;)uaau!};seal;e Aped Jay;la Aq 6u!ipm ul pe;euluua;sselun eel y80/SO luauno-uay;s)GIAI W SLUM Jean((;)guo 1eU01R1ppe Jo;Aiieollewo;ne MGM p!M saowaS 3eJ;u00 yeaiso:iemeuea •g '0U1'SINI1W;o s)IJewapeJ;paaalsl6aJ am 0601 SINnW eyl pus SINnW:slpewepeJ1 b ;u5Lno spew s!lun000e s,a3WOISn0 uaym pa;e;su!eJ aq Illm soolnias pus lJoddng •anpisno step ApNi s!;un000e saninjOjSn0 Jeneusym pepuedsns aq VIM seouues pue ioddng :uoisuedsns •£ 'SINEW PUe 213W01Sn0 y;oq Aq pau6ls pue 6ul;pm u!4pol les sselun ennoaJa aq Heys WaweaJ6y slyly)luewpuewe.10 suopeoyipow oN :PeJ)uo0 sly);o uolleoBlpoW •Z •uolslnoJd Jey;o Aue bo A!IlgeeoJo;ue Jo A!Pllen ay;poagge;ou!pp;uaweaJ6e sly;lo suolslnad Aue;o A!IlgeeoJo;ueun J0 A pllenul e41 •aipiwop ;o awls s,luall0 ay;lo sme! ay; 'y;!M eouepi0ooe u! psnj;suoo pue 'Aq psweno6 aq ileys;uewsaJ6e s141 :me-1 Buiumenoo IMJeU0D '1A •WIV10 811301OISn0 dO 32i111VN 3H1 dO 3AI103dS3ZRiI '83OYWy0 HOnS dO A11118ISSOd 3H1 dO O3SIAOy N338 SYH SINEW Al N3A3 •321111VN ANY dO S30V1AIy0 1y11N3n03SNOO 2i0'1y1N30IONI'lVIO3dS'1032IlONI'2lOd 318V11 38 ION 11YHS SINnW ONy'01 0311!1N3 38 1N3A3 ANY NI ION 11VHS 2i3W01Sn0 •luewaaJ6y sly;iapun seoIAJBS Jo;2i3WO1Sn0 Aq Pled iunowe • le;o;ay;6ulpseoxa;ou;uewe6pnf Aeuow a Jo;wlep a o;MPH Agway sl SINEW 10 Allilgell ayl :Amgen;o uo9elpUl1 •9 •iolluoo l puoAeq sasneo J8410 10'pop;o sloe'amp;Jamod'eJy'suopein5aJ luewwano6`Jem'olweplde'slop`slnorol'swim Aq pesneo;uewsei6v slyl Aq paJanoo spnpoid ay;6uppues u!sAeiep Jo;siglsuodsei eq;ou'legs SINniN :eouewioped-uoN pesnox3 •g •A ied Aue o;Jepunaiay sl46p s;!JeJsueJ;Jo u6lsse of ly6p ay;any lou Ile4s a3WOjSn0 :kgmeuBissy-uoN •eouelsul pee u! 2I30101S110 Aq IenoJdde Jopd of loefgns eq hays SINniN Aq sseooe gong uonoaiuoo joue y;Im uopoeuuoo u! aoepelul a oweJ sly; asn !legs 'uopdo Si! 15 SINEW •sa6Je4o asn gull uolleolunwwoo peieposse pue luawdlnbe yons;o asn pue eoueuelulew Aed Delis 2i3WOISn0 'suogoeuuoo eiowa! lslssyolo0 Jo; eigeilene uopoeuuoo >pomleu peeds 4614 eigeis a `;ueweaJ6y sly; ;o uopemp ay; Jo; uielulew pue iie;sul Ileys 2i3WO1Sn0 •q 'GONGS soueualulew pue poddns payloads ay;epinoad o;tiesseoeu luawdlnbe Jay;o Jo 'samleel`sluewyoege`seuiyoew;o asn pue:;uewdlnbe ey;wog gone;sip aigeuosesi e u!q iM senlipe;alenbepe:coeds 6uppom:Japuneue4 p9Jenoo sweJ6ad ay;o;sseooe Gag pue pry'SINnW o;ebjeyo ou 'apinad pegs ZI31,4OIS(O •e :selllliglsuodsea 213WO1sn0 E •(SINnW Aq papuewwooei ueeq iou sey ieyi aiemuos uopeinws leuluue) a!)papuewwoo0J iou;nq pQJlnbeJ cJem;}os Jo;poddns apinad iou seop;ueweei6y slyl •9 'SINEW unJ 01 pannbaJ;ou eiemuos Jo;poddns epinad;ou swop lueweeiBy s!yi •o •aul6u3 xluuo;u!mau a;o uonem6puoo pue uo!ellelsul ay;spnpul;ou seop;uewaaJ6y slyl •q •sJeaA om;liana aouo 1:WJgs pepeJ6dn JO mau e uopem6guoo pus uolellelsul al0WSJ ay;apnpul swop luaweei6y slyl •e :suoisni3xa DUB sUORellwfl '7