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Home My WebLink About2012 09 24 Consent 202 Tyler Support AgreementCOMMISSION AGENDA ITEM 202 Informational Consent X Public Hearings Regular September 24, 2012 KS JD Regular Meeting City Manager Department REQUEST: Information Services requests Commission approve renewal and payment of the MUNIS annual maintenance and support agreements in the amount of $71,212 and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. SYNOPSIS: MUNIS is the financial accounting and utility billing application that supports the activities of the City. We wish to renew our maintenance agreements with Tyler Technologies, Inc. for an additional year via the attached addendum and obtain Commission approval to expend $71,212. CONSIDERATIONS: MUNIS is the City's enterprise financial software package. MUNIS software was acquired via an RFP process in 2000/2001. Tyler Technologies is the sole source vendor for MUNIS technical support and maintenance which provides database support and maintenance as well as upgrades as they are made available. The MUNIS Support and License Agreements are renewable annually and are due for renewal for the period of 10 -01 -12 through 09 -30- 13. The Utility Billing Citizen Self Service maintenance agreement is due for the period of 12 -01 -12 through 11- 30 -13. These maintenance agreements will no longer be required once the City has implemented the New World Systems software which was approved in Regular 601 agenda item on July 23, 2012. The City Attorney is currently working with New World to finalize a mutually agreeable contract. Consent 202 PAGE 1 OF 2 - September 24, 2012 The maintenance agreements are as follows: MUNIS Support and License Agreement (due 10/1) %$49,784 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . x ................................................ Tyler Unlimited CAL Maintenance (due 10/1) „$ 2,700 OSDBA Support (due 10/1) %$12,478 .......... Munis Online - Utility Billing Citizen Self Service (due %$ 6,250 A2/1) .......... Total „$71, 212 FISCAL IMPACT: $71,212. This item is budgeted in Information Services Department 1340 -54633 (Maintenance Agreements and Contracts). COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Information Services requests Commission approve renewal and payment of the MUNIS annual maintenance and support agreements in the amount of $71,212 and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. ATTACHMENTS: Price quote and agreements from Tyler Technologies attached (9 pages). Consent 202 PAGE 2 OF 2 - September 24, 2012 ANNUAL SUPPORT AGREEMENT AND LICENSE AGREEMENT FOR MUNIS It SOFTWARE Invoice to: 30/S City of Winter Springs 1 1 36 Fast State Rd., 434 Address: Winter Springs, IT 32708 Contact Joanne Delka Telephone' 40 7.337 1800 I his Support and License Agreement (herein "Agreement ") is entered into between City of Winter Springs ( Licensee) with its principal place of business at 1 126 Last State Rd., 434. Winter Springy. FL and Ty1cr Technologies, Inc, MUNIS Division. I Licensor) with its principal place of business at 370 US Route One. Falmouth. Maine. 04105 on this Ist day of October 2012 The hcadingS 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 accordance with the following terms and conditions. I. Term of Agreement This Agreement is eft'ectivc as of 10 01112 and shall remain in force until 09/301/13 (one -year term). Upon termination of this Agreement the Licensee may renew the Agreement ter subsalucnt one -year periods at the then current Ice structure as established by the Licensor. 111. Scope of the Agreement Both parties acknowledge that this A�g—reement covers both Support and Licensing for the �rodttctS listed below, used by the Licensee tilt the operations oC 1 -x CityiTo��m!Village � School �� County Other (This Agreement is limited to only those entities marked_) 111. P:t, ment 1. Licensee agrees to pay MUNIS S 49.784 20 lot licensing and support services, as described below. This paymcnl is due and payable upon execution of the Agreement. ?. Additional charges. Any services perlormed by MUNIS for the Licensee, which are not covered by the Aerecmcnt, will be charged at the then applicable tints 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 :1urcement is limited to the tollowiug listed products which are registered for Licensee', Windows 3oo3 EL Application: Accounting- GUBG %AP ACCOUnt Receivable Applicant Tracking Fixed Assets Ilk Management MUNIS Crystal Reports Y1U v'IS Ofliec PaN rol I Project K Grunt Accounting Purchase Orders Requisitions Tyler FOfmS - Postal Xpress I }lei Forms Processing U B Interface t:mployce Self Service Application: 1) Utility Billing D B D B D D B D D D D D D B I,icensec Tvle' ec lnolo�ics.�lnc Sion a \ Richard F. Peterson, .h-., Pre. it Date Date Aueust 27, 2012 * Current Billable Service Rates are available on request. Rates are subject to change and a contract for Sercice, Ora Purchase Order is required to hold a quoted rate. 1- wCilwC's acceptance s1/ panne is optional. Payment A this cunuact by Licensee signifies acceptance of the terms and conditions outlined herein. MUNIS will not accept any changes to this cuniract. Revised 81/1;30117 Annual Agreement For Operating System & Database Administration Support Invoice to City of Winter Springs _- _ _ Contact: Joanne Dalka Address:_ 1126 East Stale Rd. 434 Winter Springs,FL 32708 -- — Telephone: (4WL327_1800 This Agreement (herein "Agreement') is entered into between City of Winter Springs (CUSTOMER) with its principal place of business at 1126 East State Rd. 434 Winter Springs FL 32708 and Tyler Technologies, Inc., MUMS Division (MUNIS) with its principal place of business at One Cole Haan Dr Yarmouth, Maine, 04096 on this 29 day of August 2012. The headings used in the Agreement are for reference purposes only and shall not be deemed a part of this Agreement CUSTOMER agrees to purchase and MUNIS agrees to provide the services listed below in accordance with the following terms and conditions. I. Terra of Agreement: This Agreement is effective as of 10/01/2012 and shall remain in force until 0913012013 (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 aukur),I dye [list this Agreanient covers the services described below. for the operations of X City,Town School County Other (This Agreement is limited to only those entities marked.) III. Payment: 1. CUSTOMER agrees to pay MUNIS x.477.27, for the services as described below. This payment is due and payable upon execution of the Agreement. 2_ Additional Charges. Any maintenance performed by MUNIS for CUSTOMER who 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 dale as the other charges included in that invoice. IV. Covered System: Specified Hardware System: Dell PowerEdge 1950 Windows 2003 EE Database Products. SOL Server 2005 SIT 1 Users 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 MUNIS's normal working hours (8:00 A.M. M., to 9:00 P. Eastern Standard time Monday tl hough Friday) for the term of this Agreement. b. OSrDBA related trouble calls can be placed by dialing 1- 800 - 772 -2260 arid choosing option 3, then choosing option 5. At particular times, your call may be forwarded to the OSlDBA mailbox at extension 1851, 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. System Administration services are restricted to the Production Servers) 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 ever)[ of the primary application server failing. Specifically, the standard OSiDBA contract for Windows System Administration support is intended to be for a single Production 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 one live, one train and one test database. Therefore, the Database Administration services are restricted to three MUNIS Databases, defined as one live database and one train and one test database. (1) In cases where additional databases exist, as is the case when rriore than one business entity shares the MUNIS Application Server each additional database is required to contract for the Database Administration Services portion of the OS /DBA Services contract separately at a quoted by Tyler based on site category. 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 single business entity, only one live and on, halm and ui, lest database will be covered. Each additional database must be contracted for separately at a rate quoted by Tyler base on site category. e. MUNIS Application Software: The standard OS /DBA service includes coverage two complete sets of MUNIS application programs and forms defined as one live and train set and test set. I . MUNIS Required Foundation Software (1) The standard OSIDBA contract includes a single installation of all MUNIS required foundation software. R c k i_;cd 7 1 20 1 1 Remittance: Tyler Technologies, Inc. Invoice • (FEIN 75- 2303920) �• • Invoice No Date Page P.O. Box 203556 • Dallas, TX 75320 -3556 045 -72451 08/29/2012 1 of 2 • technologies Questions: Tyler Technologies - ERP & Schools Phone: 1- 800 - 772 -2260 Press 2, then 1 Fax: 1- 866 - 673 -3274 Email: ar @tylertech.com Bill To CITY OF WINTER SPRINGS Ship To: CITY OF WINTER SPRINGS ATTN. ACCOUNTS PAYABLE ATTN: ACCOUNTS PAYABLE 1126 EAST STATE ROAD 434 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 WINTER SPRINGS, FL 32708 :ustomer No. Ord No PO Number Currency Terms Due Date 3078 37161 USD NET30 09/28/2012 Date Description Contract No. WINTER SPRINGS. FL SUPPORT & UPDATE LICENSING - PROJECT ACCOUNTING Maintenance Start 01/Oct/2012, End. 30/Sep/2013 SUPPORT & UPDATE LICENSING - HUMAN RESOURCES MANAGEMENT Maintenance Start 01/Oct/2012, End 30/Sep/2013 SUPPORT & UPDATE LICENSING - ACCOUNTS RECEIVABLE Maintenance. Start 01/Oct/2012, End 30/Sep/2013 SUPPORT & UPDATE LICENSING - EMPLOYEE SELF SERVICE Maintenance Start. 01 /Oct /2012. End 30/Sep/2013 SUPPORT & UPDATE LICENSING - REQUISITIONS Maintenance Start 01/Oct/2012. End 30/Sep/2013 TYLER POSTAL XPRESS SUPPORT Maintenance Start 01/Oct/2012, End 30 /Sep /2013 SUPPORT & UPDATE LICENSING - PAYROLL Maintenance: Start : 01/Oct/2012, End 30/Sep/2013 SUPPORT & UPDATE LICENSING - UTILITY BILLING INTERFACE Maintenance Start. 01/Oct/2012, End 30/Sep/2013 SUPPORT & UPDATE LICENSING - PURCHASE ORDERS Maintenance: Start: 01/Oct/20121 End 30/Sep/2013 TYLER FORM PROCESSING SUPPORT Maintenance: Start 01/Oct/2012. End 30/Sep/2013 SUPPORT & UPDATE LICENSING - UTILITY BILLING Maintenance Start 01/Oct/2012. End 30 /Sep /2013 SUPPORT & UPDATE LICENSING - FIXED ASSETS Maintenance Start 01/Oct/2012, End 30/Sep/2013 SUPPORT & UPDATE LICENSING - ACCTG /GL /BUDGET /AP Maintenance Start 01/Oct/2012, End 30/Sep/2013 SUPPORT & UPDATE LICENSING - APPLICATION TRACKING Maintenance Start 01/Oct/2012, End 30/Sep/2013 SUPPORT & UPDATE LICENSING - CRYSTAL REPORTS Maintenance Start. 01 /Oct /2012, End: 30 /Sep /2013 SUPPORT & UPDATE LICENSING - MUNIS OFFICE Maintenance. Start 01/Oct/2012, End 30 /Sep /2013 Units Rate Extended Price IIIIIIV' lIV' I' IIIIIIVVIIIgIIIIIIIIIItlIAIIIqIIIIIIIAI�IIIIIIIIIIIIIIIIIiIIIIIIIIIYIn lllllllllllllllll 1 241227 1 1,857.71 1 2,653.72 1 1,322.70 1 2,412 27 1 1.869 84 1 2,798 15 1 1,99001 1 2,894.06 1 2.680.18 1 5,547 78 1 2.894.06 1 12,603.78 1 663.71 1 3.133 31 1 205065 2.412 27 1.857.71 2.653 72 1,322.70 2.412.27 1,86984 2,798 15 1.99001 2,894.06 2,680 18 5.547 78 2,894.06 12,603 78 663 71 3,133.31 2,05065 t ler • technologies Bill To: CITY OF WINTER SPRINGS ATTN: ACCOUNTS PAYABLE 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 Remittance: Tyler Technologies, Inc. Invoice (FEIN 75- 2303920) P.O. Box 203556 Invoice No Date Page Dallas, TX 75320 -3556 045 -72451 08/29/2012 2 of 2 Questions: Tyler Technologies - ERP & Schools Phone: 1- 800 - 772 -2260 Press 2, then 1 Fax: 1- 866 - 673 -3274 Email: ar @tylertech.com Ship To: CITY OF WINTER SPRINGS ATTN: ACCOUNTS PAYABLE 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 Customer No. Ord No PO Number Currency Terms Due Date 3078 37161 USD NET30 09/28/2012! Date Description Units Rate Extended Price * * * * * ** ATTENTION * * * * * ** Please note new remittance address above and update your records accordingly Subtotal 49, 784.20 Sales Tax 0 00 Invoice Total 49,784.20 t ler • technologies Bill To: CITY OF WINTER SPRINGS ATTN: ACCOUNTS PAYABLE 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 Remittance: Tyler Technologies, Inc. (FEIN 75- 2303920) P.O. Box 203556 Dallas, TX 75320 -3556 Questions: Invoice Invoice No Date Page 045 -72887 09/04/2012 1 of 1 Tyler Technologies - ERP & Schools Phone: 1- 800 - 772 -2260 Press 2, then 1 Fax: 1- 866 - 673 -3274 Email: ar @tylertech.com Ship To: CITY OF WINTER SPRINGS ATTN: ACCOUNTS PAYABLE 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 Customer No. Ord No PO Number Currency Terms Due Date 3078 USD NET30 10/04/2012 Date Description Units Rate Extended Price Contract No WINTER SPRINGS, FL MUNIS ONLINE - CITIZEN SELF SERVICE (UTILITY BILLING) Maintenance Start: 01 /Dec /2012, End 30/Nov/2013 * * * * * ** ATTENTION * * * * * ** Please note new remittance address above and update your records accordingly iillllllllllllll�ll' I�Illlllllll�llllllllllf' �! IIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIUII�II' 6.250 00 Subtotal 6,250.00 Sales Tax 1 000 Invoice Total F7 6.250.00 �r t ler • technologies Bill To: CITY OF WINTER SPRINGS ATTN: ACCOUNTS PAYABLE 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 Remittance: Tyler Technologies, Inc. (FEIN 75- 2303920) P.O. Box 203556 Dallas. TX 75320 -3556 Questions: Invoice Invoice No Date Page 045 -72450 08/29/2012 1 of 1 Tyler Technologies - ERP & Schools Phone: 1- 800 - 772 -2260 Press 2, then 1 Fax: 1- 866 - 673 -3274 Email: ar @tylertech.com Ship To: CITY OF WINTER SPRINGS ATTN: ACCOUNTS PAYABLE 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 Customer No. Ord No PO Number Currency Terms Due Date 3078 36397 USD NET30 09/28/2012 Date Description Units Rate Extended Price Contract No.: WINTER SPRINGS, FL TYLER UNLIMITED CAL MAINTENANCE Maintenance Start; 01/Oct/2012, End 30/Sep/2013 * * * * * ** ATTENTION * * * * * ** Please note new remittance address above and update your records accordingly 11111111111111 1111111111111111111111111111111111lll 2,700.00 2,700.00 Subtotall 2,700,00 Sales Tax 0.00 Invoice Total 2,700.00 tyler • technologies Bill To: CITY OF WINTER SPRINGS ATTN: ACCOUNTS PAYABLE 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 Remittance: Tyler Technologies, Inc. Invoice (FEIN 75- 2303920) P.O. Box 203556 Invoice No Date Page Dallas, TX 75320 -3556 045 -72284 08/29/2012 1 of 1 Questions: Tyler Technologies - ERP & Schools Phone: 1- 800 - 772 -2260 Press 2, then 1 Fax: 1- 866 - 673 -3274 Email: ar @tylertech.com Ship To: CITY OF WINTER SPRINGS ATTN: ACCOUNTS PAYABLE 1126 EAST STATE ROAD 434 WINTER SPRINGS. FL 32708 Customer No. Ord No PO Number Currency Terms Due Date 3078 36474 USD NET30 09/28/2012 Date Description Units Rate Extended Price Contract No . WINTER SPRINGS, FL OPERATING SYSTEM DATABASE ADMINISTRATIVE SUPPORT 1 12,477.27 12,477 27 Maintenance: Start: 01/Oct/2012, End. 30/Sep/2013 * * * * * ** ATTENTION * * * * * ** Please note new remittance address above and update your records accordingly 11111111111111 11111111111111V III IIIIIIIIIIII IIVII IIIIIIIIIIIIIP�I91111 Subtotall 12,477.27 Sales Tax 1 0.00 Invoice Total 12,477.27 ANNUAL SUPPORT AGREEMENT AND LICENSE AGREEMENT FOR MUNIS® 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., MUNIS Division, (Licensor) with its principal place of business at 370 US Route One, Falmouth, Maine, 04105 on this 1st day of October 2012 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 accordance with the following terms and conditions. I. Term of Agreement This Agreement is effective as of 10/01/12 and shall remain in force until 09/30/13 (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 oducts listed below, used by the Licensee for the operations of: X City /Town/Village School County Other (This Agreement is limited to only those entities marked.) III. Payment I. Licensee agrees to pay MUNIS $ 49,784.20 , 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 for Licensee's Windows 2003 EE s}' stem. Application: Accounting/GL /BG /AP Account Receivable Applicant Tracking Fixed Assets HR Management MUNIS Crystal Reports MUNIS Office Payroll Project & Grant Accounting Purchase Orders Requisitions Tyler Forms — Postal Xpress Tyler Forms Processing UB Jntel'face = Employee Self Service- . -Noensee' - / - Date Application: D Utility Billing D B D B D D B D D D D D D B E Tyl c tnologies, In , vtston �iNt1Jh Richard E. Peterson Jr., Pre d t Date August 27,2012 * 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. 1 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 8/1/2007 V. Terms and Conditions for Licensing: 1. 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 current version of the MUNIS 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 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. 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. Modification: 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 in 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 wan-ant that all MUMS® software programs will operate as described in the brochures and user manuals of MUNIS. 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: MUMS will provide the following services for the benefit of the Licensee. a.) MUNIS shall provide software - related 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 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.) 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.) MUMS 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.) 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.) 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 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. 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 MUMS for the Current Software Release are for implementation in the Current Software Release, as it exists without customization or Licensee alteration. 3. 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 MUNIS. The Licensee 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 the Licensee in each instance. 4. Non - Assignability: The Licensee 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 Agreem -v caused by strikes, lockouts, riots, epidemic, war, government regulations, fire, power failure, acts of God, or other garisestieyorid its coriavl. 6. Limitation of Liability: The liability of MUNIS is hereby limited to a claim for a money judgement not eXeeedinV the total amotwit paid by the Licensee for services under this Agreement. THE LICENSEE SHALL NOT IN ANY EV,4.4T BE, I%y* TITLED TO, AND MUNIS SHALL NQT BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUQfl` AL DAMAGES OF ANY rVARMPl'mwir? i1N1S HASBHBN ADVISED OF THE POSSIBILITY OF SUCH DAM$GGfifIRii�SPECTIVETSF THE, NATURE OF THE LICENSEE'S CLAIM. = - y VII. General 1. Governing Law: This agreement shall be governed by, and construed in accordance with the laws of Ciicds state of dgnu61e. 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 the Licensee and MUNIS. 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. Entire Agreement: THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE LICENSEE AND MUNIS WHICH SUPERSEDES ALL PROPOSALS, ORAL OR WRITTEN, AND OTHER COMMUNICATIONS BETWEEN THEM RELATING TO THE SOFTWARE SUPPORT AND MAINTENANCE SERVICE OF THE PRODUCTS COVERED BY THIS AGREEMENT. 5. Trademarks: MUNIS and the MUNIS Logo are registered trademarks of Tyler Technologies, Inc. Revised 8/l/2007 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 -1800 This Agreement (herein "Agreement") is entered into between City of Winter Springs (CUSTOMER) with its principal place of business at 1126 East State Rd. 434 Winter Springs, FL 32708 and Tyler Technologies, Inc., MUNIS Division (MUNIS) with its principal place of business at One Cole Haan Dr Yarmouth, Maine, 04096 on this 29 day of August, 2012. The headings used in the Agreement are for reference purposes only and shall not be deemed a part of this Agreement. CUSTOMER.agrees to:f rcttase and MUNIS agrees to provide the services listed below in accordance with the following terms and conditions. I. Term of Agreement; . ; This Agreemeat 4s effect+_ as of 10/01/2012 and shall remain in force until 09/30/2013 (one year term). Upon termination of this Agreeme rCV, ;TOWR xnay renew the Agreement for subsequent one year periods at the then current fee structure as established by MUNIS. II. - Scope 0?-t6o Agreement: Both parties acknowledge that this Agreement covers the services described below, for the operations of: X Cityrfown School County Other (This Agreement is limited to only those entities marked.) III. Payment: 1. CUSTOMER agrees to pay MUNIS $12,477.2 7, for the services as described below. This payment is due and payable upon execution of the Agreement. 2. Additional Charges. Any maintenance performed by MUNIS for CUSTOMER who 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 1950 Windows 2003 EE Database Products: SQL Server 2005 Std 1 Users V. Terms and Conditions for Suppert: 1. Scope of Services: MUNIS will provide the following services for the benefit of CUSTOMER. a. OS /DBA Service is available during MUNIS's normal working hours (8:00 A.M. to 9:00 P.M., Eastern 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 1851. 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. System Administration services are restricted to the Production Server(s) 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 application server failing. Specifically, the standard OS /DBA contract for Windows System Administration support is intended to be for a single Production 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 one live, one train and one test database. Therefore, the Database Administration services are restricted to three MUNIS Databases, defined as one live database and one train and one test database. (1) In cases where additional databases exist, as is the case when more than one business entity shares the MUNIS Application Server, each additional database is required to contract for the Database Administration Services portion of the OS /DBA Services contract separately at a quoted by Tyler based on site category. 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 single business entity, only one live and one train and one test database will be covered. Each additional database must be contracted for separately at a rate quoted by Tyler base on site category. e. MUNIS Application Software: The standard OS /DBA service includes coverage two complete sets of MUNIS application programs and forms, defined as one live and train set and test set. f. MUNIS Required Foundation Software (1) The standard OS /DBA contract includes a single installation of all MUNIS required foundation software. Revised 7/1/2012 (2) MUNIS required foundation software is defined as any software required to run MUNIS. This includes Database Engine software, 4GL Runtime software, and Tyler software. (3) In no case does the OS /DBA contract supply support for any Microsoft Product including the PC operating system. g. In cases where multiple installations of foundation software exist, 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 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.. Limitations and Exclusions: a. This Agreement does include the remote 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. 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. 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 stable high speed network connection available for GoToAssist remote connections. CUSTOMER shall pay for installation, maintenance and use of such equipment and associated communication line use charges. MUNIS at its option, shall use this remote interface 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 causesbcyond-its eontrel. - 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 CUSTOMERS 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. 5. Renewal: OS /DBA Contract Services will renew automatically for additional one (1) year terms at Tyler's then - current OS /DBA fee unless terminated in writing by either party at least fifteen (15) days prior to the end of the then - current term. CUSTOMER45 Date-' - Tyler Technologies, Inc., MUNIS Division Richard E. Peterson, Jr., President August 29, 2012 Date 45CUSTOMER's acceptance signature is optional. Payment of this contract by CUSTOMER signifies acceptance of the terms and conditions outlined herein. MUNIS will not accept any changes to this contract. Revised 7/1/2012