HomeMy WebLinkAboutMunis Annual Operating System Agreement October 2003 till September 2004 -2003 10 01
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'.' ",,' A ANNUAL AGREEMENT FOR
. b, ,~ MUNIS OPERATING SYSTEM - DATABASE ADMINISTRATION SUPPORT
" I\'IElIECllNOlOGlU COMP4HY
Invoice to: City of Winter Springs Contact: Joanne Dalka
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Address: 1126 East State Road 424 Winter Springs, FL 32708 Telephone: 1-407-327-5975
This Agreement (herein "Agreement") is entered into between City of Winter Sorincis (CUSTOMER) with Its principal place of business at
1126 East State Road 424 Winter Sprinas. FL 32708 and MUNIS Inc., (MUNIS) with Its princlpal place of business at 370 US Route One
Falmouth, Maine, 04105 on this 24 day of Julv. 2003.
The headings used in the Agreement are for reference purposes only and shall not be deemed a part of this Agreement
The 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 is effective as of October 1. 2003 and shall remain in force until September 30, 2004 (one year term). Upon termination of
this Agreement CUSTOMER may renew the Agreement for subsequent one year periOds at the then current fee structure as established
by MUNIS.
II. Scope of the Agreement:
Both parties acknowledge that this Agreement covers the services described below, for the operations of:
181 CityfTown 0 School 0 County 0 Other
(This Agreement is limited to only those entiti~ marked.)
III. Payment:
1. CUSTOMER agrees to pay MUNIS $7,800.00, for the services as described below. This payment 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 at the then applicable time rate. All materials supplied In connection with such non-covered maintenance or support
will be charged to CUSTOMER. Any additlonal 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: Number of Uve Databases: 1
SCO Open Server 5.0.5
'nformix Or COBOL Products: Number of Training Databases: 1
Informix Standard Engine 7.25 - 40 Users !
V. Terms and Conditions for Support:
1. Scope of Services: MUNIS will provide the followlng services for the benefit of CUSTOMER.
a. OS/DBA Service is available during MUNIS's normal working hours (8:00 AM. to 6:00 P.M., Eastem 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 -'
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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 declare your system is down,
which are moved to the head of the queue.
c. Unix System Administration services are restricted to the Application Server on which MUNIS Is installed. 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 UNIX System
Administration support is intended to be for a single UNIX Server; the MUNIS Application Server.
d. Database: Informix Engine (MUNIS@ GUI): The intended coverage for a standard OS/DBA contract is for a single
MUNIS Application Server running any number of MUNIS Application modul,es utiliZing 1 live and 1 training
database. Therefore, the Database Administration services are restricted to 2 MUNIS Databases, defined as one
live database and one training database.
(1 ) In cases where multiple live databases exist, as is the case when more than one business entity shares the
MUNIS Application Server, each additional separate business entity is required to contract for the Database
Administration Services portion of the OS/DBA Services contract separately at a rate of 50% of the quoted'
OS/DBA contract price. In this eveht, one of the business entities sharing the MUNIS Application Server is
required to purchase the OS/DBA contract at fuli price.
(2) In cases where multiple databases exist, and all database:; belong to a single business entity, only one live and
one training database will be covered. E~cti additional database pair of orie Iive.and one-training, or one live
andno"training, must be 'contracted for separately at the rate of 50% of the quoted OSIDBA contract price.
'-, Database: MUNIS@ COBOL: The Database Administration services are restricted to 2 MUNIS@ COBOL Databases,
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, defined as one live database and one training database.
(1 ) In cases where multiple live databases exists, as is the case when more than one business entity shares the
MUNIS Application Server, each additional separate business entity is required to contract for the Database
Administration Services portion of the OS/DBA Services contract separately at a rate of 50% of the quoted
OS/DBA contract price. In this event, one of the business entities sharing the MUNIS Applicafion 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 cine live and
one training database will be covered. Each additional database pair of one live and one training, or one live
and no training, must be contracted for separately at the rate of 50% of the quoted OS/DBA contract price.
f. Application Software: MUNIS@ GUI: The standard OS/DBA service includes coverage for one or two complete sets
of MUNIS@ GUI 'ppu",UO" p'oo"m, oe' fo""" "'"ed " 0", U"" "" 'ed 0"' ''''"'"0 "" GIN A L
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~4:" ~ . . Application Software: MUNIS@ COBOL: The standard OS/DB~ service includes ~overage for one or two complete
g. sets of MUNIS@ COBOL application programs, defined as one live set and one training set.
h. MUNIS Required Foundation Software
(1) The standard OS/DBA contract Includes a single installation ot all MUNIS required foundation software.
(2) MUNIS required foundation software is defined as any softWare required to run MUNIS. This include~ Informix
Database Engine software, Informlx 4GL Runtime software, Informix Dyn~",!ic 4GL software, Info~lTlIx ~CPIIP
software, Informix I-STAR software, Informix I-Connect software, Informlx SDK. software, 4J s Universal
Compiler Runtime software and Liant RM/COBOL software. ;
(3) In no case does the OSIDBA contract supply support for any Microsoft Product including the PC operating
system.
i. 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 developmentlnstallation, only the !nstallation required to run MUNIS Is
covered under the standard OSIDBA contract. ;
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j. The scope of the service provided by a standard OS/DBA contract is restricted t9 the installation and configuration of
MUNIS Application software and MUNIS required foundation software as ~originally installed on the MUNIS
Application Server.
k. Further services in the category of UNIX System Administration are limited to administrative tasks on the installed
Operating System.
I. Further services in the category of Data Base Administration are limited to administrative tasks on the installed
Informix Engine software.
2. Limitations and Exclusions:
a. This Agreement does not include the installation and configuration of a new or upgraded server.
b. This Agreement does not include the installation and configuration of a new Informix Engine.
c. This Agreement does not provide support for software not required to run MUNIS@.
d. 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 shall provide, at no charge to MUNlS, 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. CUSTOMER 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. CUSTOMER 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 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 covered by this
Agreement caused by strikes, lockouts, riots, epidemic, war, govemment regulations, fire, power failure, acts of God, or other
causes beyond its control.
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6. limitation of Liability: The liability of MUNIS is hereby limited to a daim for a money judgement not exceeding the total
. amount paid by CUSTOMER for services 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 ,
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1. Governing Law: This agreement shall be govemed by, and construed in accordance with, the laws of the State of.Maine.
The invalidity or un enforceability of any provisions of this agreement shall not affect the validity or enforceability of any other
provision. r
2. Modification 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 services will be suspended whenever CUSTOMER's account is thirty days overdue. Support and
services will be reinstated when CUSTOMER's account is made current.
4. Trademarks: MUNIS and the MUNIS Logo are registered trademarl<s of MUNIS, Inc.
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CUSTOMER' ~ MUNI(92~5
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. ~ll/ /fJ "3 Richard E. Peterson, Jr., Corporate V.P.
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Date / Date I
1 CUSTOMER's acceptance signatu~e i~ optional. Payment: of this contract by CUSTOMER signifies acceptance of the terms and
conditions outiined herein. MUNIS will not acCept any Changes ~o this contract.
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, . ANNUAL SUPPORT AGREEMENT AND LICENSE AGREEMENT
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FORMUNIS@SOFTWARE
Invoice to: Contact:
2134 City of Winter Springs Joanne Dalka
Attn:' Joanne DaIka
Address: 1126 East State Road, 434 Telephone:
Winter Springs, FL 32708 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 MUNIS Inc., (Licensor) with its principal place of business at 370 US Route One, Falmouth, Maine, 04105 on this
1st day of . October 2003
The headings used in the Agreement are for reference purposes only and shall not be de~med a part of this Agreement.
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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 10/01/03 and shali remain in force until 09/30/04 (one yearterm).
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.
n. Scope of the Agreement
Both parties acknowledge that this Areejent covers both Support and Licensing for je products listed below, used by the
Licensee for the operations of: X CityffownNillage D School County D Other
(This Agreement is limited to only those entities marked.)
m. Payment '.
1. Licensee agrees to pay MUNIS $ 31,200.00 , 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 anq 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: Application:
Accounting Reporting D MUNIS Query D
Budget Reporting D
Accounts Payable D
Purchase Orders D
Requisitions D r
Project Accounting D
Fixed Assets D
Payroll B
Personnel B
Applicant Tracking' B
Accounts Receivable D
Business Licenses D
MUNIS Office D
U/B Meter Reader Interface D
Utility Billing D
Licensee J
/dUf.
/ -r/lljo3 Richard E. Peterson Jr.,
Date , Date
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_.- - July 17, 2003
Current Billable Service Rates
(Subject to Change on 30 days noti~e)
Consulting/System Analysis $1,100 per day, plus travel expenses
On-site Traininglhnplementation $950 per day, plus travel expenses
SupportlProgratiunirig Rate $1,000 per day, plus travel expenses.if applicable:.. .
Modem Fee . $15 per hour, this fee is in addition to . the labor fee aboveO RIG I N A I
Mileage Rate IRS standard allowance, .
I Licensee's ac~eptance signature is optionaL Payment of this contract by Licensee.sjgnifies acceptance of the terms and conditions
outlined herein. MUNIS will not accept any changes to this contract. .
Revised 6/30/2002 I
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