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HomeMy WebLinkAbout2004 08 09 Consent 206 COMMISSION AGENDA ITEM 206 Consent X Informational Public Hearing Regular August 9. 2004 Regular Meeting ~9t? Mgr. / Dept. Authorization REQUEST: Information Services requests Commission authorization to pay Munis annual software support agreement and license agreement for Munis software in the amount of $34,860. PURPOSE: To obtain authorization to pay $34,860 annual software support and maintenance agreement with Munis for fiscal year 2005, due by October 1, 2004. CONSIDERATIONS: Munis maintenance fees are due October 1 sl of each year. It covers the City for software support, maintenance, and licensing for the following applications: ./ Accounting Reporting ./ Budget Reporting ./ Accounts Payable ./ Purchase Orders ./ Requisitions ./ Project Accounting ./ Fixed Assets ./ Payroll S:\Information _ Services\Admin _ Docs\Agenda Iterns\FV 2004\2004 August\080904 _ COMM _ Consent_ 206 _ Munis _ Annuat Support _ Agreement. doc CITY OF WINTER SPRINGS CITY COMMISSION August 9, 2004 INFORMA TlONAL 303 PAGE 2 OF 2 ../ Personnel ../ Applicant Tracking ../ Accounts Receivable ../ Business Licenses ../ Crystal Reports ../ Munis Office ../ U/B Meter Reader Interface ../ Utility Billing ../ FORUMUNI Print Solution ../ Postal Support The annual cost ofthis agreement is $34,860 and is effective from October 1, 2004 through September 30, 2005. The normal procedure is that a check request will be prepared this fiscal year and charged to prepaids for 2005. FUNDING: Currently budgeted in Information Services budget from General Fund in FY 2005 RECOMMENDATIONS: That the Commission authorize payment in the amount of $34,860. ATTACHMENTS: Annual Support Agreement and License Agreement for Murris Software COMMISSION ACTION: ANNUAL SUPPORT AGREEMENT AND LICENSE AGREEMENT FOR MUNIS@ SOFfW ARE Invoice to; 2134 City of Winter Springs Attn: Joanne Dalka 1126 East State Road 434 Winter Springs, FL 32708 Contact:' Joanne Dalk'a Address: Telephone: 407.327, I 800 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 Road 434, Winter Springs, FL and MUNIS Inc., (Licensor) with its principal place of business at 370 US Route One, Falmouth, Maine, 04105 on this I st day of October 2004 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 accOl'dance with the following terms and conditions. ' ' .':" . I'" .~:. ;::, ~ I. Term of Agreement This Agreement is effective as of 10/01/04 and shall remain in force until 09/30/05 (one-year term). Upon termination of this Agreement the Licensee may renew ihe 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: ~ Cityrrown/ViIlage D School U County 'D Other (This Agreement is limited to only those entities marked.) III. 1. Payment Licensee agrees to pay MUNIS $ 34,860.00 , 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 forLicensee's .lntel,Pentium system. ' ...'....,; ,..'.. .' Application: Accounting Reporting Budget Reporting Accounts Payable Purchase Orders Requisitions Project Accounting Fixed Assets Payroll Personnel Applicant Tracking Accounts Receivable Business Licenses Crystal Reports MUNIS Office UIB Meter Reader Interface D D D D D D D 8 B B D D D D D Application: Utility Billing FORMUNIS' Print Solution Postal Suppbrt D D D _,(11," ", July 26, 2004 Licensee I ;f~w. JnC q _ :). _ c.:. ~( . " Date · 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 3/1/2004 V. Terms and Conditions for Licensing: I, 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" andirelatoo materials. This License will also cover any additional revisions that Licensor may release during the tenn of this Agreement. The Licensor agrees to extend and the Licensee agrees to accept a license subject to the tenT1S and conditions contained herein for the current version of the MUNIS software products identitied in Section IV. 2, Limited Use: The software products listed are licensed for use only for the benetil of the Licensee listed in this Agreement. This license is registered for the Licensee's computer system'identified in Section'IV, As longas a current License and Support Agreement is in place. this License may be transferred to any otner hardware'system used for the benetit of Licensee, Licensee agrees to notifY Licensor prior to transferring the licensed products to any other system. The right \0 transfer this license isincluded in thecos! of this Agreement. The cost for new media or any required technical assistance to accommodate the transfer would be billable charges to the Licensee. ), Conf1dentlalIty: The Licensee agrees that the Products are propr,ietary to the Licensor and have been developed as a trade secret at the Licensor's expense, The Licensee agrees to keep the software products eontidential 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. Modif1cation: The Products may be modified but such moditication shall be only 'ror the use on the Licensee's system for which the Products are licensed and shall not cause the Licensee or anyone perfonning 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 LtCensee,~illlel'~t',l!"~,Pl'Oprietary.' notice on the copy of the Product. The documentation accompanying the product may not be copied except for iiltmill ;use: 6, Warranty: For as long as a current software support agrcementis in place, the Licensor will warrant that all MUNIS@softWarc programs will opemte as described in the brochures' and user manuals of MUNIS, If a progmm fails to opemte in the manner described within these documents, the Licensor will correct the problem at no charge to the Licensee, 'If Licensee has made moditications to the software programs, Licensor will no longer warrant the perfonnance of those programs, which contain moditications, unless specitically authorized in writing by the Licensor. VI. Terms and Conditions for Support: , I, Scope of Services: MUNIS will provide the following services for the benetit of the Licensee. a,) MUNIS shall provide software-related lelephone support to the Licensee, Support personnel will accept phone calls during MUNIS's normal working hours (8:00 A,M. 10 6:00 P,M., Eastem Standard Time, Monday through Friday) for Ihe term of Ihis Agreement, limited to a reasonable number of calls of reasonable duration. Assistance and support requests, wh,ich 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 laken 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 documentaiion, '" ' 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 il be required, d.) MUNIS will provide Licensee with all program enhancements, moditications or updates that MUNIS may make to the then Current Release of the program applications covered in Ihis Agreement. e,) MUNIS will make available to the Licensee new release(s) of the Software listed on the reverse side which the Licensee may obtain by paying the then existing media, documentation, shipping and handling fees, In the case ofsystem'soflware 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 aller shipment by,MUNIS of new Releases, MUNlS.shall cease ,t~, , support the earlier Release and for the balance of the tehn, 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-covemge maintenance service, etc., billable at the current per die"! ri{ie. 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, 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 customizalion or Licensee alterntion. ), 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 specitied support and maintenance service, , b.) The Licensee shall install and maintain for the dumtion 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 sucn 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 10 any party, 5, Excused Non-Perfonnance: MUNIS shall not be responsible for delays in servicing the products covered by this Agreement caused by,strikes, lockouts, riots, epidemic, war, government regulations, ftre, power failure, acts of God, or other causes beyond its control. 6, LimitatIon of Liability: The liability ofMUNIS 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 IN ANY EVENT BE ENTITLED TO, AND MUNIS SHALL NOT'BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF MUNlS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IRRESPECTWE OF THE NA TIJRE OF TIlE LICENSEE'S CLAIM. . 2, General Governing Law: This agreement shall be govemed by, and construed in accordance with the laws of Client's state of domicile, The invalidity or unenforccabilityofany provisions of this agreement shall not affect the validity or enforceability of any other provision. Modif1cation ofthls Contract: No modiftcations 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 Ihirty days overdue. Support and services will be reinstated when Licensee's account is made current. Entire Agreement: THIS AGREEMENT CONSTITUTES TIlE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN TIlE LICENSEE AND MUNIS WHICH SUPERSEDES ALL PROPOSALS, ORAL OR WRITIEN, , AND OTIlER COMMUNICATIONS BETWEEN TIlEM RELATING TO THE SOFTWARE SUPPORT AND MAINTENANCE SERVICE OF TIlE PRODUCTS COVERED BY THIS AGREEMENT. Trademarks: MUNIS and the MUNIS Logo are registered trademarks of MUNIS, Inc, VII. I. ). 4, 5, Revised 3/1/2004 " ANNUAL SUPPORT AGREEMENT AND LICENSE AGREEMENT FOR MUNIS@ SOFTWARE Invoice to: 2134 City of Winter Springs ,Attn: Joanne Dalka 1126 East State Road 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 Road 434, Winter Springs, FL and MUNlS Inc., (Licensor) with its principal place of business at 370 US Route One, Falmouth, Maine, 04105 on this 1 st day of October 2004 The headings used in file Agreement are for reference purposes only and shall not be deemed a part of this Agreement. ine 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 10/01/04 and shall remain in force until 09/30/05 (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 Areerent covers both Support and Licensing for je Products listed below, used by the Licensee for the operations of: X City/TownNiIIage D School County D Other (This Agreement is limited to only those entities marked.) m. Payment 1. Licensee agrees to pay MUNIS $ 34,860.00 , 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.. AIl 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 . Intel Pentium system. Application: Accounting Reporting Budget Reporting Accounts Payable Purchase Orders Requisitions Project Accounting Fixed Assets Payroll Personnel Applicant Tracking Accounts Receivable Business Licenses Crystal Reports Mlfl'!IS Office U$- Meter Rea({er Interface D D D D D D D B B B D D D D D Application: Utility Billing FORMUNIS Print Solution Postal Support D D D ~ License~ I ';;- '" .. ;f~ ~ i~g " ~ ,"1 <{ - ~ -,;'0 bf' f. Date Richard E. Peterson; Jr., Date July 26, 2004 · Current Billable Service Rates are available on request. Rates ~e 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 3/1/2004 v. VI. VII. I. I. Terms and Conditions for Licensing: 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 'currentversion of the MUNIS software products identified in Section IV. ' . 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. 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. Modification: The Products may be modified but such.modification.shall.beonly 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. 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. 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 ofMUNlS. 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. 2. 3, 4. 5. 6. I. Terms and Conditions for Support: Scope of Services: MUNIS will provide the following services for the benefit of the Licensee. a.) MUNIS shall provide softwarNelated 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 MilNIs'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 statIthat 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.) MUNIS will make available to the Licensee new release(s) of the Software listed on the reverse side which the Licensee may obtain by paying the then existing media, documentation, shipping and handling fees. 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 arid for the balance of the term, MUNlS 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. Limitations and Exclusions: The support and services ofthis 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. 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. . 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 MUNlS. The Licensee shall pay for installation, maintenance and use of such equipment and associated telephone line use charges. MUNlS 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. Non-Assignability: The Licensee shall not have the right to assign or transfer its rights hereunder to any party. . Excused Non-Performance: MUNIS shall not be responsible for delays in servicing the products covered by thi$ Aw.eement caused by strikes, lockouts, riots, epidemic, war, government regulations, fire, power failure, acts of God, or other caiises beyond its control: Limitation of Liability: The liability ofMUNIS is hereby limited to a claim for a money judgement not exceeding- ~e total amount , paid by the Licensee for services under this Agreement. THE LICENSEE SHALL NOT IN ANY EVENT. BE EM'fITLED TO, , AND ' MUNIS SHALL NOT BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTL.'\1 DA't\1AGES OF ANY NATURE, EVEN IFMUNIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,"TRRESP~criVE OF, THE NATURE OF THE LICENSEE'S CLAIM. . '. . -:, ' . 2. 3. .to 4. 5. 6. 2. General , . ' Governing Law: This agreement shall be governed by, and construed in accordance with the I;iWS 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 WRITIEN, AND OTHER COMMUNICATIONS BETWEEN THEM RELATING TO THE SOF1WARE SUPPORT AND MAINTENANCE SERVICE OF THE PRODUCTS COVERED BY THIS AGREEMENT. Trademarks: MUNIS and the MUNIS Logo are registered trademarks ofMUNIS, Inc. 3. 4. 5. Revised 3/1/2004 ~/1/Q l- c-~~ \.~C)c" ~