Res 2013-196/Approving an agreement w/Tyler Technologies, Inc. for a Financial and Human Resources software and application system

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Annual Agreement For Operating System & Database Administration Support Invoice to: City of San Marcos Contact: Address: 630 E. Hopkins, San Marcos, Texas 78666 Telephone: This Agreement (the "Agreement ") is effective this the day of 201 ( "Effective Date ") by and between Tyler Technologies, Inc., a Delaware corporation with offices at One Tyler Drive, Yarmouth, Maine 04096 ( "Tyler' or "Contractor') and the City of San Marcos, a political subdivision duly organized under the laws of the State of Texas, with offices at 630 E. Hopkins, San Marcos, Texas 78666 (the "City "). 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. Term of Agreement: This Agreement is effective as of ,BeginNew. and shall remain in force until «ExpireNew» (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: «Town» City /Town «School» School «County» County «Other» Other (This Agreement is limited to only those entities marked.) III. Payment: 1. CUSTOMER agrees to pay MUNIS «NewAmount», 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: «Hardware» «OS» Database Products: «Product» «License» 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. 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. (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. Revised 7/20/2005