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Home My WebLink AboutMunis Annual Operating System Agreement October 2005 till September 2006 -2005 07 28 ," .ANNUAL AGREEMENT FOR OPERATING SYSTEM & DATABASE ADMINISTRATION SUPPORT Invoice to: City of Winter Springs Contact Joanne Dalka Address: 1126 East State Rd. 434 Winter Springs, FL 32708 Telephone: 407-327-5975 This Agreement (herein "Agreement") is entered into between Citv of Winter Serinas (CUSTOMER) with its principal place of business at 1126 East State Rd. 434 Winter Serinas. FL and Tyler Technologies, Inc., MUNIS Division, (MUNIS) with its principal place of business at 370 US Route One Falmouth, Maine, 04105 on this 28 day of July. 2005. 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 10/1/2005 and shall remain in force until 9/30/2006 (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, jor the operations of: X CitylTown School County Other (This Agreement is limited to only those entities marked.) III. Payment: 1. CUSTOMER agrees to pay MUNIS $8.802.00, 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 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 2600 SCO Unix 5.0.7 Number of Live Databases: 1 Database Products: Informix SE 7.25 40 Users RI!C8'''.D Number of Training Databases./". AUG 0 1 2005 CITY OF lMNT Flnence n...,!R SPRINGS ........artrnent V. Terms and Conditions for Support: 1. Scope of Services: MUNIS will provide the following services for the benefit of CUSTOMER. a. OS/DBA Service is available during MUNlS's normal working hours (8:00 A.M. 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 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: 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"training database. Therefore, the Database Administration services are restricted to J MUNIS Databases, defined as one live database and -erle training database. +wo (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 OSIDBA 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 Application Server is required to purchase the OS/DBA contract at full price. (2) In cases where multiple databases exist, and ali databases belong to a single business entity, only one live and 1" 0 ~training database will be covered. Each additional database pair of one live and one training, or one live v:> and no training, must be contracted for separately at the rate of 50% of the quoted OS/DBA contract price. e. MUNIS Application Software: The standard OS/DBA service includes coverage for one or two complete sets of MUNIS@ GUI application programs and forms, defined as one live set and 9Ae training set. 11.10 f. MUNIS Required Foundation Software (1) The standard OS/DBA contract includes a single installation of all MUNIS required foundation software. (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 Microsoft Product including the PC operating system. Revised 7/20/2005 '. g. In cases where multiple ins!allatlC!ns 'of foun.da.tion 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. L Further services in the category of UNIX System Administration are limited to administrative tasks on the installed Operating System. j. Further services 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 include the installation and configuration of a new or upgraded server once every two years. b. This Agreement does not include the installation and configuration of a new Informix Engine. ~I!'CI!"~ This Agreement does not provide support for software not required to run MUNIS@. AUG I!'a This Agreement does not provide support for software required but not recommended (Le. terminal emulation 0 1 2005 software that has not been recommended by MUNIS). CiTy OF \IVr Fifllltlce rI..~R SPR/N -PfIrtrnent Ga c. d. 3. CUSTOMER Responsibilities: a. CUSTOMER 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. 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, government regulations, fire, power failure, acts of God, or other causes beyond its control. 6. Limitation of Liability: The liability of MUNIS is hereby limited to a claim 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 1. Governing Law: This agreement shall be governed by, and construed in accordance with, the laws of the 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. 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 trademarks of MUNIS, Inc. CUSTOMER18 Tyler Technologies, Inc., MUNIS Division c~ nager Richard E. Peterson, Jr., President July 28. 2005 Date 18 CUSTOMER's acceptance signature is optional. Payment of this contract by CUSTOMER signifies acceptance of the terms and conditions outlined herein.Computer Contor Soflw3roMUNIS will not accept any changes to this contract. Revised 7/20/2005