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Home My WebLink About2005 09 12 Consent Item 205 COMMISSION AGENDA ITEM 205 Consent X Informational Public Hearing Regular September 12. 2005 Regular Meeting /~ On Mgr. / W Authorization REQUEST: Information Services requests Commission authorization to pay the Munis annual maintenance and support contract in the amount of $36,433.25. PURPOSE: To obtain Commission authorization to pay $36,433.25 to continue the Munis maintenance and support contract which is renewable annually. CONSIDERATIONS: The Munis maintenance and support agreement is renewable annually and is up for renewal for the period of 10-01-05 through 09-30-06. It covers the following Munis software applications: . Accounting Reporting . Budget Reporting . Accounts Payable . Purchase Orders . Requisitions . Proj ect Accounting . Fixed Assets . Payroll . Personnel S:\Information_Services\Admin_Docs\Agenda Items\FY 2005\September 2005\September 12, 2005\091205_ COMM _ Consent_ 205 _ Request_Authorization _ To_Pay _ Munis _Annual_Maintenance _ Agreement.doc CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 CONSENT AGENDA ITEM 205 PAGE 2 OF 2 . Applicant Tracking . Accounts Receivable . Business Licenses . Crystal Reports . Munis Office . U/B Meter Reader Interface . Utility Billing . Tyler Postal XPress . Tyler Form Processing This support agreement provides the following: . Telephone support . Maintenance of a master set of the current computer programs on appropriate media, as well as hardcopy printout of source code programs and documentation. . Maintenance of a staff that is appropriately trained to be familiar with City's Munis software programs as listed above. . All Munis program enhancements, modifications or updates . The availability of new release(s) ofMunis software . The availability of appropriately trained personnel to provide the City with additional training, program changes, analysis, consultation, recovery of data, conversion, non- coverage maintenance service, etc., which will be billed at the current per diem rate. FUNDING: No additional funding necessary. Already included in FY 2006 budget. RECOMMENDATIONS: We recommend that the Commission authorize payment in the amount of$36,433.25 for the annual renewal of the Munis maintenance and support agreement. ATTACHMENTS: ATTACHMENT 1- Munis Maintenance and Support Agreement (2-pages) COMMISSION ACTION: S:\Information_Services\Admin_Docs\Agenda Items\FY 2005\September 2005\September 12, 2005\091205_ COMM _ Consent_ 205 _ Request_Authorization _ To ]ay _Munis _ Annual_Maintenance _ Agreement.doc ANNUAL SUPPORT AGLMENT AND UCENSE~G~E~: (;M/n t:.N'f FOR fUNIS@ SOFTWARE I City of Winter Springs i Atto: Joanne Dalka ' Address: 1126 East State Road 434 I Telephone: _ Winter Springs, FL 32708 i 407.327.1800 This Support and License Agreement (herein "Agrct!ment") is entered into between City of Winter Springs (Licensee) with its principal place of business at -U 126 East State Road 434, Winter Springs,FL and Tyler Technologies, Inc., MUNlS Division, (Li~ensor) with its principal plae.e of business at 370 US Rotlte One, Falmouth, Maine, 04105 on this i _~ day of October 2005 I The headings used in the Agreement are for referenf purposes only and shall not be decmed a part of this Agreement. The Licensee agrees to purchase and MUNIS agreesj to provide services for the products listcd below in accordance with the following terms and conditions. , I l. Term of Agreement I This Agreement is effective as of 10/01105 land shall remain in force until 09/30/06 (one-year term), Upon termination ofthis Agreemcnt !lIe Licensee may renew the Agreement for subsequent one-year periods at the then current fee structure as cstablished by !lIe Licensor. i II. Scope of the Agreement I Both parties acknowledge that this A~!;llent coverF both Support and Licensing for ~rodUclS listed below, used by the Licensee for the operations of: W CitylToVl\n^'illage D School U County D Other (1llis Agreement is limited to only those entities iked.) Ill. Payment : I. Licensee agrees to pay MUNIS $ 361433.25 , for licensing and support services, as described below. This payment is due and payable upon exec tion of the Agreement. 2. Additional charges. Any services pcrfonned!by MUNIS tor thc Licensee, which arc not covered by the Agn.-ement, will be charged at the then applicable time ratt*, All materials supplied in connection with such non-covered maintenance or support will be charged to theiLicensee. 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 I This Agreement is limited to the following listed profllets which arc registered for Licensee's seo Unix 5.0.7 system. I Application: Accounting Reporting q Budget Reporting D Accounts Payable 0 Purchase Orders q Requisitions D Project Accounting q Fixed Assets q Payroll II Personnel ~ Applicant Tracking II Account~ Receivable ~ql Business Licenses Crystal Reports MUNlS Office q U/B Meter Reader Interface ~ I I I Richar~ E. Peterson Jr., Pre . I. Date August 16, 2005 * Current BillablcService Rates are available on requesL Rates are subject to change and a contract r services or a Purc1mse Order is required to hold a quoted rate. [nvoice to: 2134 Contact: Joanne Dalka Application: Utility Billing Tyler Postal Xprcss Tyler FOl1l1Processing D D D .,,,.0 1l_0 ,~ 'I." ~ ~\J1oI fl.\IolGtl ,..!'l'T!.fl. ~e<'\ -.I of ,.. peQ& c\'\ ''f\''.''''' Licensee' Date I , Licensee's acceptance signature is optional. Payment orlhis contract by Licensee signifies acceptance of the terms and conditions outlined herein. MUNlS will not accept any changes to dti\; contrac!. I Revised 2/3/2005 I 1] VIL 1. v. Terms and Conditions for Licensing: ~. Gra.t OCUtelIN: Upon execution ofthi! A ent, Licensee is hereby granted the non-exclusive and non-translcrable license and right to use the cucrent version of the MUNIS Lice sed Programs listed in Section IV., and related materials. This License will also cover any additional revisions that Licensor may njlease during the teml oflhis Agreement. The Licensor agrees to extend and the Licensee agrees to l\CCL"Pt a license subject to the tc/rms and condilions contained herein for the current version of the MUNIS software products identified in Section IV. I LlmlUd Use: The software pmducL~ listed are iiclfOSed for use only for tIll) benefit of tho Licensee listed in this Agree. ment. This license is regist=d for the Licensee's computer ~em identified in Section IV. As long as a current License and Support Agreement is in place, this License may he transferred to any Qther hardware syslml used for the benefll of Licen.'leC. 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 C061 of Ibis Agreement. The cost for new media or any requirell technical assistance 10 accommodate the transfer would be billable charges to the L~~. I Confldenllallty: The Lk.cnsee agrees that the ~cts are proprietary to the Licensor and have been developed as a trade secret at the Licensors expense. The Licensee agrees to keep thi: software products confidential and use its best efforts to prevent any misuse, unauthorized use or unauthorized disclosures by w1y party of any or all of the ProducIs or accompanying documentation. ModlDcadou: The Products may be modified butllum modification shall be only for the use on tile Licensee's systcm for which thc ProducL~ are Iicen~d and shall not cause the Licentee or anyone perfonning such modification to gllin any proprietlUy or other interest in the Products. I Copies: The Licensee may nUlke copies ofdlc Iicljtlsed Product,; for archive Plll]lOses only. Thc Licensee will repeat any proprielllry notice on dlc copy of the Product. The documenl8ljon accompanying dle product may not be copied except for internal use. Warranty: For as long Il8 a current software supppit agreement i~ in place, the Licensor will WlUTllnt that aU MIJNISIi> software programs will operate as described in the brOC=t1 and user manuals ofMUNIS. If a program fails to operate in the manner described within these doc1lllle.tlts, the Licensor will correct t e problem at no charge to the Licensee. If Licensee has made modificatioll8to the software programs, Licensor will DO longer w. the performance of those programs, which COl1l1lin modifications, unless specifically authorized in writing by tbe Licensor., Terms and Conditions for Support: I Scope oC Services: MUNIS will provide the folloWing 5e1Vices for the benefit of tbe Licensee. a.) MUNIS shall provide software-related te'CP1' ne support to the Ucensee. Support personnel will accept phone calls during MUNlS's normal working hours (8:00 A.M 6:00 P.M., Eastern Standard Time, Monday through Friday) for the ternl of this A&fCCment, limited to a reasonable nwnber 0 . calls of reasonable duration. Assislaru:e and suppon requests. which require special a.~sjstance from MUNlS's dcvelopmc~tgroup, will be talccn and directed by support peI'5OMel. In the event that support represemarives are unavailable to receivc ca~I" messages will be taken and calls will be returned within one wu",ing day. b.) MUNlS will continue to maintain a master oCthe current computer progmm., on appropriate media, as well as hardcopy printout of source code progrdlllS and docum lation. c.) MUNIS will maintain staff that is appropriate y trained to be familiar with Licensee's software programs that are listed in Section lV in order to render as.~istance. should it he #ired. d.) MUNIS will provide Licensee with all pt'OgtlIfn enhancements, modifications or updates that MUNIS may make to the then Current Release of the program applications cbvered in this Agreement. e.) MUNIS will make available to the Licensee nfw release(s) of the Software Iib1ed on the reverse side which the J.icensee may obtlin by paying the then existing media, docjlrncntalion, shipping and handling fees. In the case of system software new Relcase(s), the Licensee will also be required to pay whatever fees the manulilctlO'ct charges to MUNIS for the new Release. Licensee undellltand, that and agrees thaI six /6) months after Shipmen.. t by MUNIS of new Releases, MUNIS shall cease to support the carlicr Relea.se and for the balaucd of the term. MUNIS shall support the new Release. f.) MUNlS will make a''lIilable approprialely trafed pet'SOllI!cl to provide Licensee additional training, program changes. analysis, consultation, recovery of dala, convmloll, lIOt,eoverage maintenance service, elc., biUable at lhe current per diem rate. UmltadollS and Enlulfoas: The support and seryriees of this Agreement do nor include the following: a.) InSlllllation oftbe Licensed Software, onsite s~ application design, and other consulting services, or any support requested outside of nannal business hours. I b.) The Licensee shall be responsible for implem!nting at ilB expense, all changes to the Current Release. Licensee understands that change.~ furnished by MI....N1S for the Current ~ftware R.e1ea.'lC are for implementation in the CUrrent Software Release, as it exists without customizntion or Licco.see alterjltion. Ueensee ResponslbUltles; i _ . a.) The Licensee shall proVide. at no charge to Mf-I~IS, full and free access to the programs covered hereunder: working space; adequatc fucilitics. within a reasonable dl~tan9' from the equipmerll; and U1C of machines, attachments, features, or other equipment necessary to provide the specified $Uppon and maintenance service. b.) The Licensee shall install and maintain fur~' d\ll1llion of this Agn:ement, a modem and associated dial-up telephone line or other cOMe.::tion method acceptable 10 MlJN . The Licensee shall pay for installation, maintenance and use of such equipment and associated telephOlle line U5C charges. ~t its option, shall use this modem and ll:lephone line in connection with error correction. Such access by MUNIS shall be s bjcct to prior approval by the Licensee in each instance. NOD-Ass1gnablUty; The Licensee shall not have tile right to assign or transfer its rights hereunder to any party. I<:xcused Non-PerCormanee; MUNIS shall no~'l'C$ponsible for delays in servicing the products covered by this Agreement caused by strikes, lockouts, riOlS, epidemic, war, gave ntrcgulations, fIre. power l3ilure, acts of God, or other causes beyond its control. Limitation oCLfabRfty; The liability ofMUNIS i hereby limited to a claim for a money judgement not exceeding the tOlDI amount paid by the Licensee for scn.;ccs lUlder this A~C1U; THE LICENSEE SHALL NOT IN ANY EVF_"I'T BE ENTITLED TO, AND MUMS SHALL NOT BE LlABLE POR, lNI)1 CT, SPECIAl., INCIDENTAL, OR C01',SEQUENTIAL DA..\.iAGES OF ANY NA nJRB, EVEN IF MUNIS HAS BEEN ADVI Eli> OF THE POSSffiIUTY OF SUCH DAMAGES. IRRESPECTIVE OF THE NATURE OF THE LICENSEE'S CLAIM. : ='-' -_...,..J by, "".......,"-wllb..'.~"CH."'. _,,_ nx invalidity or unenforceability of any provisions of this agreemeut shall not affect the validity or enforceability of any other provision. ModlfleadoD of CIIIs Contract: No modifications Pr amendment of this Agreement shall be effective unless set forth in writing and signed by bolh the Licensee and MUl'.'IS. I Suspension; Suppan and services will be suspend~ whenever Licensee's accounl is thirty days overdue. Support and services will be reinstated when Licensee's account is made curTe".ll Entire Agreement: THlS AGREEMENT coNSTlnrmS THE COMPLETE AND EXCLUSIVE ST A TEMEN, OF THE AGREEMENT BETWEEN nrn LICENSllil AN~ MUNIS WHICH SUPERSEDES ALL PROPOSALS, ORAL OR WRITTEN, AND OTHER COMMVNICA TIONS BETWEE, THEM RELATING TO THE SOr'TW ARE SUPPORT AND MAINTENANCE SERYlCE OF THE PRODUCTS COVERED BY IDS AGREEMENT. Trademarks: MlJNIS and the MUNlS Logo a;d n..'gistcred trademarks of Tyler Technologies, (nc. I. 2. 3. 4. 5. 6. VL I. 2. 3. 4. 5. 6. 2. 3. 4. 5. Revised 2/3/2005