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Home My WebLink AboutTyler Technologies, Inc. Annual Agreement For Operating System & Database Administration Support - 2009 10 06Annual Agreement For Operating System & Database Administration Support Invoice lo: City of Winter Springs Contad: Joanne Dalka Address: 1126 Easl State Rd. 434 Winter Springs,FL 32708 Telephone: (407) 327-1800 This Agreement (herein 'Agreement") is entered into beMreen City of Winter Sorinos (CUSTOMER) with its principal place of business at 1128 East State Rd. 434 Winter Sodnas FL 32708 and Tyler Technologies, Inc., MUNIS Division (MUNIS) with its principal place of business at 370 US Route One Falmouth, Maine, 04105 on Uus ~ day of Sebtember. 2009. The headings used in the Agreement are for reference purposes oMy 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 foNowing terms and conditions. I. Tenn of Agreement: Ttds Agreement Is effective as of 10/012009 and shall remain in force until 09/30/2010 (one year term). Upon terminatlon of Uris Agreement CUSTOMER may renew the Agreement for subsequent one year pedods at the then cunent fee structure as established by MUNIS. II. Scope of the Agreement: Both parties adcrxnNedge that this Agreement covers the services desaibed 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 $1o.s86.oo, 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 noncovered maintenance or support will be charged to CUSTOMER. Any additional charges wiN be added to the next invoice submitted to CUSTOMER and shall be due on the same date as fhe other charges included 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 fdbwing services for the benefit of CUSTOMER. a. OS/DBA Service is available during MUNIS's rwmtal working rwurs (8:00 A.M. to 8:00 P.M., Eastern Standard Time. Monday through Friday) for the term of this Agreement. b. OSIDBA related Vouble 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 case, your call will be recorded and answered on a first In first out basis, except on reports that deGare your system is down, which are moved to the head o1 the queue. c. The Windows System Administration serv(ces are resbicled to the Application Server that MUNIS is installed on. In cases where a stand by server is employed, the stand by server is incuded as long as the stand by saner is only used in the event of the primary application server tailing. Specifically, the standard OS/DBA conract 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 resVicted to 2 MUNIS Databases, defined as one live database and one training database. (1) In cases where multiple live databases exist, as is lire case when more than one business entity shares the MUNIS Application Server, each additional separate business entity Is required to contract for the Database AdminlsVation Services portion of the OSlDBA Services contract separately at a rate of 50% of the quoted OS/OBA 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) Incases where multiple databases exist, and all databases belong to a single business entity, only one live and ono training database will be covered. Each additional database pair of one Ilve and one training, or one live and no training, must be contracted for separately at the rate of 50% of the quoted OSIDBA contract price. (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 Mirxosoft 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 era limited to administrative tasks on the Installed Operating System. j. Further seMces 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 indude the installation and configuration of a new or upgraded server once every two years. b. This Agreement does not indude 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 shay provide, at no charge to MUNIS, futl and free access to the programs covered hereunder: working space; adequate fadlities within a reasonable distance from the equipment; and use of machines, attachments, features, or other equipment necessary to provide the spedfied support and maintenance seMCe. b. CUSTOMER shall install and maintain for the duration of this Agreement, a modem and associated dial-up telephone line or other connectlon method acceptable to MUNIS. CUSTOMER shall pay for installation, maintenance and use of such equipment and assocated telephone line use charges. MUNIS at its option, shall use this modem and telephone Ilne in connection with error oonedion. Such access by MUNIS shall be subjed to pdor 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 wvered by this Agreement caused by strikes, lockouts, riots, epidemic, war, government regulatlons, tire, power failure, acts of God, or other causes beyond its control. 6. Llmkatlon of Liability: The liability of MUNIS is hereby limited to a Gaim for a money judgement not exceeding the total amount paid by CUSTOMER for seMces 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 diem's state of domidle. The invalidity or unenforceal>iliry of any provisions of this agreement shall not affect the validity or enforceabikty of any other provision. 2. Modlflcation 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 and seMCes will be suspended whenever CUSTOMER'S account is thirty days overdue. Support and seMces will be reinstated when CUSTOMER'S account is roads torten! 4. Trademarks: MUNIS and the MUNIS Logo are registered trademarks of MUNIS, Inc. CUSTOMERZa Tyler Technologies, Inc., MUNIS Division Date Richard E. Peterson, Jr., President September 11.2009 Date ~BCUSTOMER's acceptance signature rE optional. Payment of Ws contrad by CUSTOMER signifies acceptance of the terms and conditlons outlined herein. MUNIS wlil not ac ;ept;~iyCtartges to this contract. Revised 7/20/2005