HomeMy WebLinkAboutMunis Annual License October 2011 till September 2012ANNUAL SUPPORT AGREEMENT AND LICENSE AGREEMENT
FOR MUNISO SOFTWARE
Invoice to: Contact:
3078 City of Winter Springs Joanne Dalka
1126 East State Rd., 434
Address: Winter Springs, FL 32708 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 Rd., 434, Winter Springs, FL
and Tyler Technologies, Inc., MiJNIS Division, (Licensor) with its principal place of business at 370 US Route One,
Falmouth, Maine, 04105 on this
1 st day of October 2011 .
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 MiJNIS 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/O1/11 and shail remain in force until 09/30/12 (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 A reement covers both Support and Licensing for the roducts listed below, used by the
Licensee for the operations of: �X City/TownNillage 0 School � County � Other
(This Agreement is limited to only those entities marked.)
III. Payment
1. Licensee agrees to pay MLTNIS $ 47,413.51 , 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 follo�ving listed products which are registered for Licensee's Win3ovvs 2003 EE
system.
Application:
Accounting/GL/BG/AP
Account Receivable
Applicant Tracking
Fixed Assets
HR Management
MUNIS Crystal Reports
MiJNIS Office
Payroll
Project & Grant Accounting
Purchase Orders
Requisitions
Tyler Forms — Postal Xpress
Tyler Forms Processing
UB Interface
Employee Self Service
Application:
D Utility Billing
D
B
D
B
D
D
B
D
D
D
D
D
D
B
0
Licensee� ��
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Date
Tyler Tec�,7,al.o�ies MUNIS Division
Ricr. . eters c'�res t
Date July , O11
. * Current Billable Service Rates are available on request.
Rates are subject to change and a contract far services or a Purchase Order is required to hold a quoted rate.
� Licensee's acceptance signature is optional. Payment of this contract by Licensee signifies acceptance of the terms and conditions
outlined herein. MLJNIS will not accept any changes to this contract.
Revised 8/1/2007
V. Terms and Conditions for Licensing:
1. Grant of Liceuse: 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 current version of the MLJNIS software
products identified in Section IV.
2. 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 transfened 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.
3. 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.
4. Modificatioa: The Products may be modified but such modification shall be only 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
ir? the Products.
5. 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.
6. 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 brochwes and user manuals of MiJNIS. 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.
VI. Terms and Conditions for Support:
1. Scope of Services: MUNIS will provide the following services for the benefit of the Licensee.
a.) MLJNIS shall provide software-related telephone support to the Licensee. Support personnel will accept phone calls during
MLJNIS'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 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 taken and calls will be returned within one working day.
b.) M(JNIS will continue to maintain a master set of the current computer programs on appropriate media, as well as hardcopy
printout of sowce code programs and documentation.
c.) MLJNIS 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 it be required.
d.) MI.JNIS will provide Licensee with all program enhancements, modifications or updates that MiJNIS may make to the then
Current Release of the program applications covered in this Agreement.
e.) In the case of system software new Release(s), the Licensee will also be required to pay whatever fees the manufacturer charges
to MLJNIS for the new Release. Licensee understands that and agrees that six (6) months after shipment by MUNIS of new
Releases, MLJNIS shall cease to support the earlier Release and for the balance of the term, 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-coverage maintenance service, etc., billable at the current per diem rate. All
expenses will be billed in accordance with the then current Tyler Travel Policy.
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 fiunished by MLJNIS 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 MiJNIS, 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 MUNIS. The Licensee shall pay for installation, maintenance and use of such equipment
and associated telephone line use charges. MLTNIS 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 this Agreement caused
by strikes, lockouts, riots, epidemic, war, government regulations, fire, power failure, acts of God, or other causes beyond its control.
Limitation of Liability: The liability of MiJNIS is hereby limited to a claim for a money judgement not exceeding �he *.otal amount
paid by the Licensee for services under this Agreement. THE LICENSEE SIIALL NOT IN ANY EVENT BE E;NTITLED TO, AND
MUNIS SHALL NOT BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUEIv`TI.AL DAMAGES OF ANY
I�P.TURE, E«'N ?F 1�1U?�1IS H � S T.3EEI�T AD :'?SEB OF THE POSSIB:LITY OF SUCH DAP.4AGES, I:ZFWSPF.I,�`"T�'� OF THE
NATURE OF THE LICENSEE'S CLAIM.
VII. General
1. Governing Law: This agreement shall be governed by, and construed in accordance with the laws ef C,ient's stat�: of domicile. The
invalidity or unenforceability of any provisions of this agreement shall not affect the validity or enforceabil�ty 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 the Licensee and MLTNIS.
3. 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.
4. En6re Agreement: THIS AGREEMEN'T CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN THE LICENSEE AND MUNIS WHICH SUPERSEDES ALL PROPOSALS, ORAL OR WRITTEN,
AND OTHER COMMiJNICATIONS BETWEEN THEM RELATING TO THE SOFTWARE SUPPORT AND MAINTENANCE
SERVICE OF THE PRODUCTS COVERED BY THIS AGREEMENT.
5. Trademarks: MLJNIS and the MLJNIS Logo are registered trademarks of Tyler Technologies, Inc.
Revised 8/1/2007
Annual Agreement For
Operating System & Database Administration aupport
Invoice to: City of Winter Springs Contact: Joanne Dalka
Address: 1126 EastState Rd. 434 Winter Springs,FL 32708 Tefephone: (407} 327-1800
This Agreement (herein "Agreement"} is entered into between Citv of Winfec Sprinas (CUSTOMER) with its principai place of business at
1126 East State Rd. 434 Winter Sprinqs. FL 32708 and Tyler Technologies, Inc., MUNIS Divislon (MUNIS) with its principal piace oF
business at 370 US Route One Faimouth, Maine, 04105 on this 22 day of Julv. 2011.
The headings used in fhe Agreement are for reference purposes only and shall not be deemed a part of this AgCeemenf.
CUSTOMER agrees io purchase and MUNIS agr�es ko provide the servic�� Iisted below in accordance with the foilowing terms and
conditions:
L Term of Agreement:
This Agreemenf is effective as of 10/01/2011 and shall rem.ain in force until 09/3�/2012 (one year term). Upon termination of this
Agreement CUSTOMER may renew the Agreement for subsequsnt one year periods at the then current fee structure as established by
MUNIS.
II. Scope of the Agreement;
Both partles acknowiedge that this Agreement covers the services described below, for the aperations of:
X CitylTown School County Other .
(This Agreement is limited to only those entities marked.)
III. Payment:
1. CUSTOMER agrees to pay MUNIS 1'1 883.11, for the services as descr(bed below. This payment is due and payable upon
execution of the Agreement.
2. Additional Charges. Any maintenance performed by MUNIS for CUSTOMER wlio is not covered by the Agreement will be
charged at the then applicable fime rate. All materials supplied in connection with such non-covered maintenance or support
will be charged .to CIfSTOMER. Any addifional charges will be adtled fo the next fnvoice submitted to CUS70MER and shall
be due on thesame date as fhe other charges included In fhat involce.
IV. Covered System:
Specified Hardware System:
Dell PowerEdge 1950
Windows 2003 EE
Database Products:
SQL Server 20D5 Std
1 Users
V. Terms and Conditions for Support:
1. Scope of Services: MUNIS will provide the following services for the benefit of CUSTOMER.
a. OSlDBA Service is available during MUNIS's normal working houts (8:00 A.M. to 6:00 P,M., Eastern Standard Time,
Monday through Friday) for the term of fhis Agreement.
b. OSIDBA related trouble calls can be placed by dlaling 1-800-772-2260 and choosing option 3, then choosing optron
5. . At particular times, your call may be forwarded to the OS/DBA mailbox at extension 5545. In eifher case, your
call will be recorded and answered on a flrsf in flrsk out basis, except on reports that declare your system is down,
which are moved to the head of the queue. ,
c. The Windows System Administration services are restricted to the Applicatlon Server that MUNIS is installed on. 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 appficatlon server falling. Specifically, the standard OS/DBA contract for Windows
System Administration support is intended to be for a single Windows Server; the MUNIS Applicatfon Server.
d. Database; The intended coverage for a standard OSlDBA confract is for a single MUNIS Application Servar running
any number of MUNIS Application modules utllizing 1 live and 1 training database. Therefore, the Database
Administration serviCes are restricted to 2 MUNIS Databases, defined as one Iive database and one training
database.
(9) In cases where multiple live databases exisf, as is the case when more than one business entity shares the
MUNIS Application Server, each additional separate business entity is required to confract for the Database
Adminisiration Services portion of the 05/DBA Services contract separately at a rate of 50% of the quoted
OSIDBA 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 all databases belong to a singie business entity, only one live and
one training database wilf .be covered. Each additiona( database pair of one live and one fraining, or one live
and no training, must be contracfed for separateiy at the rate of 50% of the quoted OSlDBA contract price.
e. MUNIS Application Software: MUNIS GiJl: The standard OS/DBA service includes coverage for one or two complete
sets of MUN15 Glfi application programs and forms, defined as one live set and one training set.
f. MUNI5 Requlred Foundatlon Software
(1) The standard 05/DBA contracf Includes a single installation of all MUNIS required foundation software.
Revised 7/20/2005
. t .
(2) MUNIS required faundation software is defined as any Sofrware required to run MUNlS. This includes Database
Engine software, Informlx 4GL Runtime software, Informix Dynamic QGL 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.
g, ln cases where multipte 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 Installatlon requlred to run MUNES is
covered under the.standard OS/DBA contract.
h. The scope of #he service provided by a stantlard OS/DBA contract is restricted to the instailafion an8 configuration of
MUNI$ Application soffware and MUNIS required' foundation software as originally installed on the MUNIS
Application Server.
i. Further services in the cafegory of Windows System Administration are limited to administrative tasks on the installed
Operating System.
j. Furfher services in fhe category of Data Base Administration are limifed to administrative tasks on the installed
Database Engine softwaCe.
2. Limitations and ExcEusions:
a. This Agreement does include the Installafion and configuration of a new or upgraded server once every two years.
b, Thls Agreement does not include the Installatlon and configuratlon of a new Informlx Engfne.
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. CUSTbMER Responsibilities:
a. CUST�MER shall provide, at no charge to MUNIS, full and free access to the programs covered hereunder: working
space; adequate facilitles within a reasonable distance from the equEpment; and use of machines, attachments, features,
or other equipment neceSSary to provide the specified support and maintenance servfce.
b. CUSTOMER shall install and maintain for the duration of this Agreement, a modem and associated dial-up telephone line
or other connection mefhod acceptable to MUNIS. CUSTQMER shall pay for instailation, maintenance and use of such
equlpmenf and assoclated telephone 11na 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. NornAssignabilify: CUSTOMER shall not have the right to assign or transfer its rights hereunder to any parly.
5. Excused Non-Performance: MUNIS shall not be responsible for delays in servicing the products covered by this
Agreement caused by strlkes, lockouts, riots, epi�2mic, v�ar, govemment ragulations, fire, power failure, acts of Go�1, or other
causes beyond its control.
6. Limifation of Liability, The liability of MUNIS is hereby iimited to a claim for a money judgement not exceeding the total
amount paid by GUSTOMER far services under this Agraement. CUSTOMER SHALL NOT IN ANY EVENT BE ENTITLED
TO, AND MUNIS SHALL NOT BE LIABLE FOR, INQIRECT, SPECIAL, iNCIDENTAL, OR CONSEQUEN7IAL DAMAGES OF
ANY NATURE. EVEN IF MUNIS HAS BEEN ADVISED OF THE POSSIBIt17Y O� SUCH pAMAGES, IRRESPECTIVE OF
TH� NATURE OF CUSTOMER'S GLAEM. '
Vl. Genera{
1. Governing taw: This agreemenf shall be gaverned by, and construed In accordance with, tiie laws of the client's state of
domicile. The Invalidity or unenforceability of any provisions of ihis agraement shall not affect the validity or enforceability of
any other provEsion.
2. Modi#Ication of this Contracf: No modifications or amendment of this Agreemenf shafl be effective unfess set forfh in writing
and signed by both CUSTOMER and MUNIS.
3. Suspenslon: Support and services wllf be suspended whenever CUSTOMER's account is fhirty days oyerdue. Support and
services will be reinstated when CUSTOMER's account is made current
4. Trademarks: MUNIS and the MUNIS Logo are rogistered 2r�clemarks of iUIUNIS, inc.
CUSTOMER�
�
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� o/dy ��_ ,
Qate
T1Aer Technologies, Inc., MUNIS Division
Richard E. Peterson, Jr.,_President
Julv 22, 2091
Date
'CUS70A�IF;:F2's acceptance signature Is optlonal. Payment of this contract by CUSTOMER signifies acceptance of the terms and
conditfons ouUined hereln. MUNIS wil! not accept any changes to fhis contract.
Revised 7/20/2005