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Home My WebLink About2013 09 23 Consent 200 Tyler Support Agreement (Munis) COMMISSION AGENDA Informational Consent X ITEM 200 public Hearings g Regular September 23, 2013 KS JD Regular Meeting City Manager Department REQUEST: The Information Services Department requests the Commission approve renewal and payment of the MUNIS annual maintenance and support agreements in the amount of $73,595 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 $73,595. 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. These maintenance agreements will no longer be required once the City has fully implemented the New World Systems software which was approved in Regular 601 agenda item on July 23, 2012. City staff is currently working on implementing the New World software. The maintenance agreements arenas follows: .n..n..n..n..n..n..n..n..n..n..n..n..n..n..n..n..n..n..n..n..n..n..n..n..n..n..n..n..n..n.....n..n..n..n..n..n..n..n..n..n..n..n..n..n..n..n.. NUNIS Support and License Agreement (10/01/13 thru 1$51,577 Consent 200 PAGE 1 OF 2-September 23,2013 109/30/14) xxxxxxxx li Unlimited CAL Maintenance (10/01/13 thru 2,700 109/30/14) 1$13,068 i 1OSDBA Support (10/01/13 thru 09/30/14) ............uvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuvuv iMunis Online - Utility Billing Citizen Self Service 1$ 6,250 lg(12/01/13 thru 11/30/14) �xx xxxxxxxxx x* 'Tota 1 1$73,595 FISCAL IMPACT: $73,595. 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: The Information Services Department requests the Commission approve renewal and payment of the MUNIS annual maintenance and support agreements in the amount of $73,595 and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. ATTACHMENTS: Price quote and agreements from Tyler Technologies attached (7 pages). Consent 200 PAGE 2 OF 2-September 23,2013 ANNUAL SUPPORT AGREEMENT AND LICENSE AGREEMENT FOR MUNISO SOFTWARE Invoice to: Contact: 3078 City of Winter Springs... Joanne Dalka 1126 East State Rd.,434 Address: Winter Springs,FL 32708 Telephone: 407.327,1800 This Support and License Agreement(herein"Agreement")is entered into between City of Winter Springs (Licensee)with its principal place of business at _1126 East State Rd,,434,Winter Springs,FL and Tyler Technologies,Inc.,MIMS Division,(Licensor)with its principal place of business at 370 US Route One, Falmouth,Maine,04 105 on this 1st dayof —October 2013 The headings used in the Agreement are for reference purposes only and shall not be deemed a part of this Agreement. The Licensee agrees to purchase and MUNIS agrees to provide services for the products listed below in accordance with the following terms and conditions, L Term of Agreement This Agreement is effective as of 10/01/13 and shall remain in force until 09/30/14 (one-year term). Upon termination of this Agreement the Licensee may renew the Agreement for subsequent one-year periods at the(hen current fee structure as established by the Licensor, II. Scope of the Agreement Both parties acknowledge dial this Agreement covers both Support and Licensing for the d ts Ii'tcd below,used by the Licensee for the operations of., City/Town/Village School 70cuunly F--] Other (This Agreement is limited to only those entities marked.) III. Payment -P S I J Sl 4..-52. 1. Licensee agrees to pay MUNIS$ 2- 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 MINIS 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 iii that invoice. IV. Covered Products This Agreement is limited to the following listed products which are registered for Licensee's Windows 2003 EE system. Application: Application; Account ing/G LJB G/AP D Utility Billing D Account Receivable D _5 Fixed Assets D HR Management B MUNIS Crystal Reports D NfLTNIS Office D Payroll B Project&Grant Accounting D Purchase Orders D Requisitions D Tyler Forms—Postal Xpress D Tyler Forms Processing D U-13 Interface D Employee Self Service B Licensee' Ty ectmologies,Ino ivision — P Richard E.Peterson,Jr., r ' ant Pr Date r4en July 16,2013 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. 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/l/2007 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,,and related materials.This License wit I 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 M UNIS 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 Licensees 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 w 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 repeal 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 MUNISt software programs will operate as described in the brochures and user manuals of MUNIS.If 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. V1. Terms and Conditions for Support: I Scope of Services:MUNIS 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 betaken 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.) MUN IS will continue to maintain a master set ofthe current computer programs on appropriate media,as well as hardcopy printout of source code programs and documentation. c.) MUN IS will maintain staff that is appropriately trained to be familiar with Licensee's software programs that are listed in Section I IV in order to render assistance,should it be required. cl.) MUNIS will provide Licensee with all program enhancements,modifications or updates that M UNIS 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,MU NI IS shall support the new Release. E) 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 them rate. All expenses will be billed in accordance with the then current Tyler Travel Policy, 1 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 M UNIS 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 w 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 conrection.,Such access by MUNIS shall be subject to prior approval by the Licensee in each instance. 4, Non-A&slgnability:The Licensee shall not have the fight to assign or transfer its rights hereunder to any party. 5. Excused Non-fli,rformance: 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 Cod,or other causes beyond its control. 6. Limitation 01 Liability: The liability of MUNIS 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 MUNIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,IRRESPECTIVE OF THE NATURE OF THE LICENSEE'S CLAIM. VII. General I. Governing Law: This agreement shall be governed by,and construed in accordance with the laws of Client's state of domicile. The invalidity or unenforceabi)try 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 MUN IS. 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 STATEM ENT OF THE AGREEMENT BETWEEN THE LICENSEE AND MUNIS WHICH SUPERSEDES ALL PROPOSALS,OPAL 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 8/1/2007 Tyler Technologies, Inc. Invoice so. .*,11111111111 ityler (FEIN 75-2303920) Invoice No Date Page techndogies P.O. Box 203556 Dallas, TX 75320-3556 045-92548 07/16/2013 1 of 2 Empowering people who serve the public'* Questions: Tyler Technologies- ERP & Schools Phone: 1-800-772-2260 Press 2, then 1 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, FL32708 WINTER SPRINGS, FL32708 �ustom or No. Ord No PO Number Currency Terms Due Date m !03078 46836 USD NET30 08/15/201 Date Description Units Rate Extended Price Contract No.:WINTER SPRINGS,FL SUPPORT&UPDATE LICENSING-PROJECT ACCOUNTING 1 2,532.88 2,532.88 Maintenance:Start:01/Oct/2013, End:30/Sep/2014 SUPPORT&UPDATE LICENSING-HUMAN RESOURCES MANAGEMENT 1 1,950.60 1,950.60 Maintenance:Start:01/Oct/2013, End:30/Sep/2014 SUPPORT&UPDATE LICENSING-ACCOUNTS RECEIVABLE 1 2,786.41 2,786.41 Maintenance:Start:01/Oct/2013, End:30/Sep/2014 SUPPORT&UPDATE LICENSING-EMPLOYEE SELF SERVICE 1 1,388.84 1,388.84 Maintenance:Start:01/Oct/2013, End:30/Sep/2014 SUPPORT&UPDATE LICENSING-REQUISITIONS P 2,532.88 2,532.88 Maintenance:Start:01/Oct/2013, End: 30/Sep/2014 Orr',' TYLER POSTAL XPRESS SUPPORT i 1,963.33 1,96333 Maintenance:Start:01/Oct/2013, End:30/Sep/2014 SUPPORT&UPDATE LICENSING-PAYROLL 1 2,938.06 2,938.06 Maintenance:Start:01/OcU2013, End:30/Sep/2014 SUPPORT&UPDATE LICENSING-UTILITY BILLING INTERFACE 1 2,089.51 2,089 51 Maintenance:Start:01/Oct/2013, End:30/Sep/2014 SUPPORT&UPDATE LICENSING-PURCHASE ORDERS 1 3,038.76 3,038-76 Maintenance:Start:01/Oct/2013, End: 30/Sep/2014 TYLER FORM PROCESSING SUPPORT 1 2,814.19 2,814.19 Maintenance:Start:01/OcU2013, End:30/Sep/2014 SUPPORT&UPDATE LICENSING-UTILITY BILLING 1 5,825.17 5,825.17 Maintenance:Start:0I/Oct/2013, End:30/Sep/2014 SUPPORT& UPDATE LICENSING-FIXED ASSETS 1 3,038.76 3,038.76 Maintenance:Start:01/Oct/2013, End: 30/Sep/2014 SUPPORT&UPDATE LICENSING-ACCTGIGUBUDGETIAP 1 13,233,97 13,233,97 Maintenance:Start:01/Oct/2013, End:30/Sep/2014 —9412-P-OR-T i —&96-flt- SUPPORT&UPDATE LICENSING-CRYSTAL REPORTS 1 3,289.98 3,289.98 Maintenance:Start:01/Oct/2013, End:30/Sep/2014 SUPPORT&UPDATE LICENSING-MUNIS OFFICE 1 2,153.18 2,153,18 Maintenance:Start:01/Oct/2013, End:30/Sep/2014 Rerniftance: Tyler Technologies, Inc, Invoice (FEIN 75-2303920) Invoice No Date Page technologies P.O. Box 203556 Dallas, TX 75320-3556 045-92548 07116/2013 2 of 2 Empowering people who serve the public" Questions: Tyler Technologies - ERP & Schools Phone: 1-800-772-2260 Press 2, then 1 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 46836 USD NET30 08/15/2013 Date Description Units Rate Extended Price -Al **ATTENI'IOW* Subtotal Order your checks and forms from Tyler Business Forms at 877-749-2090 or Sales Tax 0.00 tylerbusinessforms.com to guarantee 100% compliance with your software. Invoice Total 0 Remittance: Invoice 000 0 tyler Tyler Technologies, Inc. Invoice No Date Page 0• (FEIN 75-2303920) 045-95168 10/01/2013 1 of 1 • technologies P.O. Box 203556 Dallas, TX 75320-3556 Empowering people who serve the public° 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 Customer No. Ord No PO Number Currency Terms Due Date 3078 47616 U S D N ET30 10/31/2013 Date Description Units Rate Extended Price Contract No.:WINTER SPRINGS,FL MUNIS ONLINE-CITIZEN SELF SERVICE(UTILITY BILLING) 1 6,250.00 6,250.00 Maintenance:Start:01/Dec/2013, End:30/Nov/2014 "ATTENTION" 6,250.00 Subtotal Order your checks and forms from Tyler Business Forms at 877-749-2090 or Sales Tax 0.00 tylerbusinessforms.com to guarantee 100% compliance with your software. Invoice Total 61250.00 0 Remittance: Invoice 000 0 tyler Tyler Technologies, Inc. Invoice No Date Page 0• (FEIN 75-2303920) 045-92547 07/16/2013 1 of 1 • technologies P.O. Box 203556 Dallas, TX 75320-3556 Empowering people who serve the public° 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 Customer No. Ord No PO Number Currency Terms Due Date 3078 46474 U S D N ET30 08/15/2013 Date Description Units Rate Extended Price Contract No.:WINTER SPRINGS,FL TYLER UNLIMITED CLIENT ACCESS MAINTENANCE 1 2,700.00 2,700.00 Maintenance:Start:01/Oct/2013, End:30/Sep/2014 "ATTENTION" 2,700.00 Subtotal Order your checks and forms from Tyler Business Forms at 877-749-2090 or Sales Tax 0.00 tylerbusinessforms.com to guarantee 100% compliance with your software. Invoice Total 21700.00 0 Remittance: Invoice 000 0 tyler Tyler Technologies, Inc. Invoice No Date Page 0• (FEIN 75-2303920) 045-92672 07/16/2013 1 of 1 • technologies P.O. Box 203556 Dallas, TX 75320-3556 Empowering people who serve the public° 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 Customer No. Ord No PO Number Currency Terms Due Date 3078 46218 U S D N ET30 08/15/2013 Date Description Units Rate Extended Price Contract No.:WINTER SPRINGS,FL OPERATING SYSTEM DATABASE ADMINISTRATIVE SUPPORT 1 13,068.36 13,068.36 Maintenance:Start:01/Oct/2013, End:30/Sep/2014 "ATTENTION" 13,068.36 Subtotal Order your checks and forms from Tyler Business Forms at 877-749-2090 or Sales Tax 0.00 tylerbusinessforms.com to guarantee 100% compliance with your software. Invoice Total 13,068.36