HomeMy WebLinkAboutContract 26636 CITY SECRETARY
CONTRACT NO. (p
=710 Statement of Work for Services Acguired from an IBM Business Partner
ServiceSuite
1. Scope of Services
We will provide to you the Services described in this Statement of Work for the Machines we
specify(called "Eligible Machines"). We will identify the Eligible Machines, and the Services that
apply to them, in a Schedule to this Statement of Work.The Schedule will also identify the
Specified Locations at which the Services will be provided.A Specified Location may be your
entire information processing environment, or a portion thereof,which may be resident at
multiple sites or a single building.
These Services are available for Machines normally used for business, professional,or trade
purposes, rather than personal,family,or household purposes.
Machine maintenance Services will include correction of date related errors only if the Machines
are IBM Machines whose Specifications state that they are"Year 2000 Ready.""Year 2000
Ready' means that the IBM Machine,when used in accordance with IBM associated
documentation is capable of correctly processing, providing and/or receiving date data within and
between the twentieth and twenty-first centuries, provided that all products (for example,
hardware, software, and firmware) used with the IBM Machine properly exchange accurate date
data with it.All other included Services do not address the capability of your systems to handle
date data within and between the twentieth and twenty-first centuries.You acknowledge that it is
your responsibility to assess your current systems and take appropriate action to migrate to Year
2000 ready systems. Please refer to IBM Product Specifications or IBM's Internet venue at
http://www.ibm.com/year2000 to determine whether IBM Products are Year 2000 ready.
2. Contract Period
Start Date: 02/05/2001 End Date: 02/04/2004
Eligible Machines, Specified Locations,or new Services added to this Statement of Work
Each of us agrees that the complete agreement between us about this transaction consists of 1)this Statement of Work and its
Schedules,2)supplemental terms referenced herein,and 3)the IBM agreement for Services Acquired from an IBM Business Partner(or
any equivalent agreement in effect between us)identified below.
Agreed to:(Customer Name) Agr o:
CITY OF RT WORTH Inte do I Business Machine orpo on
BY d BY
Authorized signature p�, �,, _t Authon ignature
Name(type or print)��t l(yl'Ic 5 G()>P 1 I Name(type or print): N l w
Date: I _Q I I Date: , /01 ,v
Customer Company address: Statement of Work number:
DATA PROC DEPT Agreement number.
1000 THROCKMORTON IBM ServicesAssistant number.G2103MOP
FORT WORTH,TX 76102-6312
Customer Company number:01748980
Telephone number: �_ !J
Billing address: IBM Company address: Contract Authorization
1700 SUMMIT LAKE DR 4111 NORTHSIDE PARKWAY / /� / /
TALLAHASSEE,FL 32311 ATLANTA,GA 30301
After signing,please return a copy of this Stafement of Work to the'IBM address'shown above.
2125-5766-05 9/2000 FL
/�T�E BY 01/03/2001FACIAL RECON
Pe 1
F0Lf
3-A)8-a1 A *c;;11;110,' a
following its Start Date will assume the remaining portion of the existing contract period.
Renewal Contract Period (years): 3
We will renew the Services that apply for each Specified Location on the Contract Period End
Date for the number of years (called the"Renewal Contract Period") specified above.
Thereafter, we will automatically renew for the same length periods unless you notify us and your
IBM Business Partner in advance of your desire to change the length of the renewal. Either of us
can select not to renew by providing written notification (at least one month prior to the end of
the current contract period) to the other and to your IBM Business Partner of their decision not to
renew.
3. Your Responsibilities
You agree:
1. to provide your IBM Business Partner with an inventory in which you identify all Eligible
Machines to be covered at each Specified Location. All Eligible Machines of the same type
at a Specified Location must be included in the coverage. You also agree to identify all
Eligible Machines for which we are to provide warranty service;
2. to notify your IBM Business Partner whenever you wish to add Eligible Machine types to an
existing Specified Location or set up new Specified Locations;
3. to ensure that any access codes we provide to you are used only by those who are
authorized to do so;
4. to provide your IBM Business Partner with information we request which is related to our
provision of these Services to you and notify your IBM Business Partner of any changes;
5. to use any electronic diagnostic and service delivery facilities we provide to you only in
support of Eligible Machines identified in the Schedule to this Statement of Work;
6. that electronic access to our support centers and certain databases may require a separate
network services agreement;'
7. to pay any communications charges associated with accessing these Services unless we
specify otherwise;
8. to use the information obtained under these Services only for the support of the information
processing requirements within your Enterprise; and
9. that your acceptance of any software Services does not alter your responsibilities for DSLO
licenses.
4. Mutual Responsibilities
If at any time either of us requests a review of the inventory count, each of us will cooperate in
updating the last formal inventory.
5. Services Program License
The following terms apply to each Program we provide with a Service that is not otherwise
accompanied by a license agreement.
We grant you a nonexclusive license to use the Program on the Eligible Machine we designate
to assist us in problem determination or other system support in conjunction with these Services.
If we do not supply a backup copy, you may make one copy of the Program for backup purposes
provided you reproduce the copyright notice and any other legend of ownership on the copy. The
backup copy is subject to the same terms as the original.You may not 1) modify the Program's
machine readable instructions or data or merge them into another Program, 2) reverse
assemble, reverse compile, or otherwise translate the Program, 3) sublicense, assign, or transfer
Z125-5766-05 9/2000 (MK002) 01/03/2001 Page 2
the license for the Program, or 4) distribute the Program to any third party. We provide the
Program WITHOUT WARRANTIES OF ANY KIND.
Your license terminates when 1) the Service terminates, is withdrawn or expires and is not
renewed, 2) the Program is no longer needed to perform the Service, or 3) the Eligible Machine
which we designated for the Program is removed from productive use within your Enterprise.
We may terminate your license if you fail to comply with these terms.
Upon termination, you agree to destroy the Program and any backup copy you were given or
made.
6. Automatic Inventory Increases
We will automatically increase the inventory count at a Specified Location whenever:
1. an Eligible IBM Machine is added to the inventory. If the Machine is under warranty when
added, maintenance Services will commence at warranty exit. If the Machine is not under
warranty when added, maintenance Services will commence at the later of a)the date of
installation or b) the previous yearly anniversary of the start of the contract period. IBM
Machines specifically excluded from coverage at contract period start will remain outside the
scope of this Statement of Work unless you request we add them during the contract period.
However, all Eligible IBM Machines added to your inventory during the contract period will be
included in the inventory count and receive maintenance Services as set out in this Section;
or
2. an Eligible non-IBM Machine, of the same type as other non-IBM Machines already covered
at that Specified Location, is added to the inventory. If the Machine is under warranty when
added, maintenance Services will commence at warranty exit. If the Machine is not under
warranty when added, maintenance Services will commence at the later of a) the date of
installation or b) the previous yearly anniversary of the start of the contract period.
The maintenance Services that apply for these Machines will be the same as that which you are
receiving for all other Eligible Machines of the same type.
Newly installed IBM Machines of the same type for which you have already selected Warranty
Service Upgrade will be added at date of actual installation and will be covered at the same
Warranty Service Upgrade support level.
7. Charges and Payment
Your IBM Business Partner sets the charges and terms governing charges. Your IBM Business
Partner may impose an additional charge for some actions, e.g., termination, or for our provision
of some additional services, e.g., Service upgrades, additional Systems Administrators,
additional reports, or support for other Products. These actions or additional services are
identified in this Statement of Work with an asterisk("*"). Where you see an asterisk, check with
your IBM Business Partner to determine if you will incur an additional charge. You will make
payment directly to your IBM Business Partner.
8. Termination
You have committed to continue Services for the entire contract period. However, you may
terminate Services for an Eligible Machine, on notice to us (copy to your IBM Business Partner),
if you permanently remove it from productive use within your Enterprise. Otherwise, if you
choose to terminate Services and these are not being replaced by equivalent Services, you may
do so by providing us one month's written notice(copy to your IBM Business Partner), after the
Services have been covered under this Statement of Work for at least one year.'
Z125-5766-05 9/2000 (MK002) 01/03/2001 Page 3
9. Satisfaction Guarantee
If, for any reason, you are not completely satisfied with a Service we provide to you under this
Statement of Work, notify us in writing within one month of the time you first become
dissatisfied. We will try to resolve the problem to your satisfaction. If we are unable to do so, you
will receive a credit equal to the prorated charge for the Service for the period of time you were
dissatisfied.
10. ServiceSuite Base Service Package
** MAINTENANCE SERVICES
Maintenance of IBM Machines
We will provide Service for Machines, as described in our Agreement,for those Eligible IBM
Machines specified in the Schedule.
Z125-5766-05 9/2000 (MKO02) 01/03/2001 Page
IBM Agreement for Services Acquired from an IBM Business Partner
Thank you for your business.We strive to provide you with high quality Services.If,at any time,you have any questions or problems,or
are not completely satisfied,please let us know.Our goal is to do our best for you.
IBM("we")has signed agreements with certain organizations(called"IBM Business Partners")to promote,market,and support certain
Services.Some IBM Business Partners also fulfill these functions through other remarketers who are not IBM Business Partners.
However,for purposes of brevity in this Agreement,when we use the term IBM Business Partner we mean IBM Business Partners and
their remarketers.When the Customer("you")orders our Services under this Agreement from an IBM Business Partner,we are
responsible for providing the Services to you under the warranties and other terms of this Agreement.We are not responsible for 1)the
actions of IBM Business Partners,2)any additional obligations they have to you,or 3)any products or services that they supply to you
under their agreements.IBM Business Partners establish the price and terms at which they market IBM Services.In the event that your
IBM Business Partner is no longer able to offer our Services,for any reason,we will so notify you in writing.You may continue to receive
our Services by instructing us to transfer administration of your Service to either(1)another IBM Business Partner of your choice(who
may require you to first execute one of their agreements)who is approved to offer you our Services,or(2)us and signing a separate IBM
agreement for services.
This IBM Agreement for Services Acquired from an IBM Business Partner(called the"Agreement")governs the Services you acquire
from an IBM Business Partner and we perform.
Part 1 - General documentation,reports,drawings,and similar works)that we
may deliver to you as part of a Service.The term"Materials"
does not include licensed program products available under
1.1 Definitions their own license agreement.
Enterprise is any legal entity(such as a corporation)and the Service is performance of a task,provision of advice and
subsidiaries it owns by more than 50 percent.An Enterprise counsel,assistance,or access to a resource(such as access
also includes other entities which are mutually agreed-to in to an information data base)we make available to you.
Writing.
1.2 Agreement Structure
Machine is a machine,its features,conversions,upgrades,
elements,or accessories,or any combination of them.The Attachments
term"Machine"includes an IBM Machine and any non-IBM
Machine(including other equipment)for which we may provide Some Services have terms in addition to those we specify in
maintenance Services.
this Agreement.We provide the additional terms in documents
Materials are literary works or other works of authorship(such called"Attachments,"which are also part of this Agreement.
as programs,program listings,programming tools, Attachments will be signed by both of us if requested by either
PAGES 2 THROUGH 4 ARE ALSO PART OF THIS AGREEMENT.This Agreement and its applicable Attachments and
Transaction Documents are the complete agreement between us regarding these Services and replace any prior oral or
written communications regarding these Services.No machines or licensed program products are acquired under this
Agreement.Such items are available only under the terms of 1)the IBM Customer Agreement(or any equivalent agreement
between us)or 2)the applicable third-party agreement.By signing below for our respective Enterprises,each of us agrees to
the terms of this Agreement.Once signed,1)any reproduction of this Agreement,an Attachment,or Transaction Document
made by reliable means(for example,photocopy or facsimile)is considered an original and 2)all Services you order under
this Agreement are subject to it.
Agreed to:JEnterprise name) Agr t .
CIT RT WORTH Int rna nal u Mess Machines orpo on
By B
Authorized signature AuthZrizM signature
a �
Name type or print): Name(type or print): � l�}
C AJ
2 Y 1, C 2 c���� I
Date: 1_ _ � ) Date:
c
Enterprise number: Agreement number:
IBM ServicesAssistant Number:G2103MOP
Enterprise address: IBM address:
DATA PROC DEPT 4111 NORTHSIDE PARKWAY
1000 THROCKMORTON ATLANTA,GA 30301
FORT WORTH,TX 76102-6312
After signing,please return a copy of this Agreement to the"IBM address"shown above
ATTES BY �` ��
2125-5774-0002/98(MK 01103/2001 CORtract Authorization Pagel
�,��_� Date
of us.Your IBM Business Partner makes the Attachments 1.5 Limitation of Liability
available to you for signature.
Circumstances may arise where,because of a default on our
Transaction Documents part or other liability,you are entitled to recover damages from
us.In each such instance,regardless of the basis on which
For each business transaction,your IBM Business Partner will you are entitled to claim damages from us(including
provide you with the appropriate"Transaction Documents"that fundamental breach,negligence,misrepresentation,or other
confirm the specific details of the transaction.Transaction contract or tort claim),we are liable for no more than
Documents will be signed by both of us if requested by either
of us.The following are examples of Transaction Documents, 1. damages for bodily injury(including death)and damage to
with examples of the information they may contain: real property and tangible personal property;and
1. statements of work(scope of Services,responsibilities, 2. the amount of any other actual direct damages,up to the
deliverables,completion criteria and estimated schedule greater of U.S.$100,000(or equivalent in local currency),
or contract period);and or the charges(if recurring,12 months'charges apply)
2. supplements and order forms(Service type ordered,and you paid to your IBM Business Partner for the Service that
contract period). is the subject of the claim.
Conflicting Terms This limit also applies to any of our subcontractors.It is
the maximum for which we and our subcontractors are
If there is a conflict among the terms in the various documents, collectively responsible.
those of an Attachment prevail over those of this Agreement. Items for Which We are Not Liable
The terms of a Transaction Document prevail over those of
both of these documents.
Under no circumstances are we or our subcontractors liable for
Our Acceptance of Your Request for Service any of the following:
1. third-parry claims against you for damages(other than
those under the first item listed above);
A Service becomes subject to this Agreement when we accept 2, loss of,or damage to,your records or data;or
your request for Service from your IBM Business Partner by: 3. special,incidental,or indirect damages or for any
1. providing you a transaction document,or economic consequential damages(including lost profits or
2. providing the Service. savings),even if we are informed of their possibility.
Your Acceptance of Additional Terms 1.6 Mutual Responsibilities
You accept the additional terms in an Attachment or Both of us agree that under this Agreement:
Transaction Document by doing any of the following: 1. neither of us grants the other the right to use its(or any of
1. signing the Attachment or Transaction Document its Enterprise's)trademarks,trade names,or other
2. using the Service,or allowing others to do so;or designations in any promotion or publication without prior
3. making any payment t o your IBM Business Partner for
written consent;
the Service. 2. all information exchanged is nonconfidential.If either of us
requires the exchange of confidential information,it will be
1.3 Charges and Payment made under signed confidentiality agreement;
3. Each is free to enter into similar agreements with others;
Your IBM Business Partner sets the charges and terms 4. each grants the other only the licenses and rights
governing charges.You will make payment directly to your IBM specified.No other licenses or rights(including licenses
Business Partner.However,we may charge you directly for or rights under patents)are granted;
expenses incurred to perform your Service request,e.g.,actual 5. each may communicate with the other by electronic
travel and living expenses,out-of-pocket expenses.We will not means and such communication is acceptable as a
incur these expenses without your prior approval. signed writing to the extent permissible under applicable
law.An identification code(called a"user ID")contained
1.4 Changes to the Agreement Terms in an electronic document is sufficient to verify the
sender's identity and the document's authenticity;
6. each will allow the other reasonable opportunity to comply
In order to maintain flexibility in our Services,we may change before it claims that the other has not met its obligations;
the terms of this Agreement by giving you three months'written 7. neither of us will bring a legal action more than two years
notice.However,these changes are not retroactive.They apply, after the cause of action arose unless otherwise provided
as of the effective date we specify in the notice,only to new by local law without the possibility of contractual waiver or
requests for Service and on-going transactions.Part 3 of this limitation;and
Agreement contains additional provisions for changes to the 8, neither of us is responsible for failure to fulfill any
terms of individual Service transactions. obligations due to causes beyond its control.
Otherwise,for a change to be valid,both of us must sign it. 1.7 Your Other Responsibilities
Additional or different terms in any written communication from
you are void.
You agree:
1. not to assign,or otherwise transfer,this Agreement or
your rights under this Agreement,delegate your
Z125-5774-00 02/98(MK002) 01/03/2001 Page 2
obligations,or resell any Service,without our prior written Part 3 - Services
consent.Any attempt to do so is void;
2. that you are responsible for the results obtained from use
of the Services;and 3.1 IBM Services
3. to provide us with sufficient,free,and safe access to your
facilities for us to fulfill our obligations. Services may be either standard offerings or customized to
your specific requirements.Each Service transaction may
1.8 Agreement Termination include one or more Services that:
1. expire at task completion or an agreed upon date;
You may terminate this Agreement on written notice to your 2. automatically renew as another transaction with a
IBM Business Partner and to us following the expiration or specified contract period.Renewals will continue until
termination of your obligations. either of us terminates the Service;or
3. do not expire and are available for your use until either of
Either of us may terminate this Agreement on written notice to us terminate the Service.
the other and to your IBM Business Partner,if the other does
not comply with any of its terms. 3.2 Personnel
Any terms of this Agreement which by their nature extend Each of us will be responsible for the supervision,direction,
beyond the Agreement termination remain in effect until and control of our respective personnel.
fulfilled,and apply to both of our respective successors and
Assignees. We reserve the right to determine the assignment of our
1.9 Geographic Scope personnel.
We may subcontract a Service,or any part of it,to
All your rights and all our obligations are valid only in the United subcontractors selected by us.
States and Puerto Rico,except that all licenses to Materials are
valid as specifically granted. 3.3 Materials Ownership and License
1.10 Governing Law W e will specify Materials to be delivered to you.We or third
parties have all right,title,and interest(including ownership of
The laws of the State of New York govern this Agreement. copyright)in Materials created during the Service performance
period or otherwise(such as those that preexist the Service).
Nothing in this Agreement affects any statutory rights of We will deliver one copy of the specified Materials to you.We
consumers that cannot be waived or limited by contract. grant you an irrevocable,nonexclusive,worldwide,paid-up
license to use,execute,reproduce,display,perform,and
Part 2 -Warranty Terms distribute,within your Enterprise only,copies of these
Materials.
2.1 Warranty for IBM Services You agree to reproduce the copyright notice and any other
legend of ownership on any copies made under the license
For each IBM Service,we warrant that we perform it: granted in this Section.
1. using reasonable care and skill;and
2. according to its current description(including any Any idea,concept,know-how,or technique which relates to the
completion criteria)contained in this Agreement,an subject matter of a Service and is developed or provided by
Attachment,or a Transaction Document. either of us,or jointly by both of us,in the performance of a
Service may(subject to applicable patents and copyrights)be
2.2 Extent of Warranty freely used by either of us.
THESE WARRANTIES ARE YOUR EXCLUSIVE
3.4 Changes to Service Terms
WARRANTIES AND REPLACE ALL OTHER WARRANTIES
OR CONDITIONS,EXPRESS OR IMPLIED,INCLUDING, We may change the terms of Services that are renewable or
BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OR non-expiring by giving you three months'written notice.
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR However,these changes are not retroactive.They apply
A PARTICULAR PURPOSE. immediately to renewal transactions and as of the effective date
we specify in the notice to all existing transactions.If we make
2.3 Items Not Covered by Warranty a change to the terms of a renewable Service that 1)affects
your current contract period and 2)you consider unfavorable,at
the request of your IBM Business Partner,we will defer it until
We do not warrant uninterrupted or error-free operation of any the end of that contract period.
deliverable or Service.
When both of us agree to change any Services statement of
Unless we specify otherwise,we provide Materials and non- work other than as described above,`we will prepare a written
IBM Services WITHOUT WARRANTIES OF ANY KIND. description of the agreed change(called a"Change
Authorization"),which both of us must sign.The terms of a
Change Authorization prevail over those of the statement of
work and any of its previous Change Authorizations.
Z125-5774-00 02/98(MK002) 01/03/2001 Page 3
3.5 Renewal When Service involves the exchange of a Machine or part,the
item we replace becomes our property and the replacement
Renewable Services renew automatically for a same length becomes yours.You represent that all removed items are
contract period unless either of us provides written notification genuine and unaltered.The replacement may not be new,but
(at least one month prior to the end of the current contract will be in good working order and at least functionally equivalent
period)to the other and to your IBM Business Partner of their to the item replaced.The replacement assumes the warranty or
intent not to renew. Service status of the replaced item.Before we exchange a
Machine or part,you agree to remove all features,parts,
3.6 Termination and Withdrawal options,alterations,and attachments not under our service.
You also agree to ensure that the item is free of any legal
Either of us may terminate a Service if the other does not meet obligations or restrictions that prevent its Exchange.
its obligations concerning the Service. Any feature,conversion,or upgrade we service must be
You may terminate a Service transaction on one month's installed on a Machine which is 1)for certain Machines,the
written notice to us and to your IBM Business Partner.' designated,serial-numbered Machine and 2)at an engineering-
change level compatible with the feature,conversion,or
We may withdraw a renewable or non-expiring Service or upgrade.
support for an eligible product on three months'written notice Repair and exchange Services do not cover:
to you.If we withdraw a Service for which you have prepaid and
we have not yet fully provided it to you,your IBM Business 1. accessories,supply items,and certain parts,such as
Partner will give you a prorated refund.
batteries,frames,and covers;
Any terms which by their nature extend beyond termination or 2. Machines damaged by misuse,accident,modification,
withdrawal remain in effect until fulfilled and apply to respective unsuitable physical or operating environment,or improper
successors and assignees. maintenance by you;
3. Machines with removed or altered Machine or parts
identification labels;
3.7 Service for Machines
4. failures caused by a product for which we are not
responsible;or
We provide certain types of repair and exchange Service either 5. service of Machine alterations.
at your location or at a service center to keep Machines in,or
restore them to,conformance with their official published We manage and install engineering changes that apply to IBM
specifications.We may repair the failing Machine or exchange Machines and may also perform preventive maintenance.
it at our discretion.
We provide maintenance Services for selected non-IBM
When the type of Service requires that you deliver the failing Machines.
Machine to us,you agree to ship it suitably packaged(prepaid
unless we specify otherwise)to a location we designate.After When you request maintenance Services under this
we have repaired or exchanged the Machine,we will return it to Agreement,your IBM Business Partner will inform you of the
you at our expense unless we specify otherwise.We are date on which maintenance Services will begin.We may
responsible for loss of,or damage to,your Machine while it is inspect the Machine within one month following that date.If the
1)in our possession or 2)in transit in those cases where we Machine is not in an acceptable condition for service,you may
are responsible for the transportation charges. have us restore it.'Alternatively,you may withdraw your
request for maintenance Services.'
You agree to:
1. obtain authorization from the owner t o have us service a
Machine that you do not own;and
2. where applicable,before we provide service—
a. follow the problem determination,problem analysis,
and service request procedures that we provide,
b. secure all programs,data,and funds contained in a
Machine,and
C. inform your IBM Business Partner of changes in a
Machine's location.
'Check with your IBM Business Partner to determine if you will incur an additional charge for this.
Z125-5774-00 02/98(MK002) 01/03/2001 Page 4
IBM Schedule for Services Acquired from an IBM Business Partner - ServiceSuite
This Schedule contains a listing of the Eligible Machines at the Specified Locations identified below for which we will provide the
identified Services as described in your end users Statement of Work.These terms are in addition to those of the referenced
Statement of Work and IBM Agreement for Services acquired from an IBM Business Partner(or any equivalent agreement signed by
both of us and identified below).
Customer Name and Billina Address:
reement No:
CITY OF FORT WORTH / Z-( 50l txJ"t.tm s Statement of Work No:
I00D -rn�cKmor�Dn IBM ServicesAssistant No: G2103MOP
T,uA�^°*,� T����''.f Associated Contract No:
Associated Contract Start Date:
l D Customer No: 01748980
Revised Schedule(Yes/No): No
Schedule Effective Date: 02/05/2001
Business Partner Name and Address: ASPID No: 5426013
MAINLINE INFORMATION SYSTEMS
1700 SUMMIT LAKE DR
TALLAHASSEE,FL 32311
Charge Period:
Start Date: 02/05/2001
End Date: 2/4/2004
The parties need not sign this Schedule, unless either of us requests It.
Agreed to: Agreed to:
CITY OF FORT WORTH Intemati al Business Machines Corporation
R - F
By- �" <�V� I A . ( I ��1\
-- - By
Authorized signature Authorized signature
N type or print): Name(type or print): //_ I� ^ � `l
�I2 S 2 r�Il
Date: I_ _p I Date:
ATTESTED BY
2120-5769-0471 01/03/2001 Contract Authorization Pagel
/-.3D - D /
Date
,3-�dl
IBM Schedule for Services Acquired from an IBM Business Partner - ServiceSuiie
------------Eligible Machine------------- Maintenance Service
Manufacturer
Machine
Related Type of
Order/ Order/ Repair Charges Charges
Type Model Serial Serial Qty # ## Start- Stop-
Customer No/Location: 01748980 FORT WORTH,T
IBM 7060 H30 000000000 1 B 1 W 02/05/2602-
249 1
117�
Z120-5769-04 7/99 01/03/2001 Page 2
IBM Schedule for Services Acquired from a. IBM Business partner - Servic-Suite
Legends:
#Type of Repair Service
A)On-Site Repair/Exchange Services, Monday through Friday(excluding holidays), 8am to 5pm
B) On-Site Repair/Exchange Services, 7 days a week, 24 hrs/day
D) On-Site Repair/Exchange Services, 7 days a week,24hrs/day,2 hour response objective. This type of repair service includes a
response time objective and is not a guarantee.
X) EasySery(remotely delivered services)
##Maintenance Services
1) Maintenance of IBM Machines
2) Maintenance of non-IBM Machines
3) Warranty Services Upgrade
' Charges shown are for Charge Period.
-An(E)indicates a Machine that has been announced as withdrawn from generally Maintenance Service
-An(0) indicates One Time Charge
-A(U)indicates Usage Charges which are measured in either Feet, Hours, or Impressions
-A(W)indicates a Machine/Model/Feature under Warranty
-An(X) indicates On-order Products which are shown for planning purposes only
"'Charges Start/Stop dates shown are those that differ from the Contract Period Start/End Dates
Z120-5769-04 7/99 01/03/2001 Page 3
International Business Machines Corporation
CITY OF FORT WORTH January 3, 2001
DATA PROC DEPT
1000 THROCKMORTON
FORT WORTH,TX 76102-6312
Subject: Proposal for IBM Services
Reference: G2103MOP
Dear Customer:
Thank you for your interest in IBM Global Services. As we discussed, this proposal will allow you to
customize your service contract to meet your current and future requirements. The attached Statement
of Work and Schedule contain the services we discussed and will allow you to add additional services as
your requirements change.
This Statement of Work will become a contract once it is signed by both parties. These prices, terms
and conditions, and statements of work are valid for 90 days from the date of this proposal. After this
date, prices are subject to change and another quote may be necessary. This will allow enough time for
your decision making process.
We look forward to delivering these services so that you can begin to realize the benefits as soon as
possible. Thank you for the opportunity to provide these services which are critical to the success of
your business.
Sincerely,
IBM
City of Fort Worth, Texas
4volyor and council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
1/30/01 **P-9282 1 0001-0052 1 of 2
SUBJECT LEASE/PURCHASE AGREEMENT FOR AN IBM 3000-H30 CENTRAL COMPUTER,
MAINTENANCE AND LEASE OF SYSTEMS SOFTWARE FROM IBM _CREDIT
CORPORATION FOR THE I. T. SOLUTIONS DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a three-year lease/purchase and maintenance support agreement for an IBM 3000-1-130
central computer for the I. T. Solutions Department from IBM Credit Corporation using the State
Catalogue Purchasing Procedure at a cost of$68,887.32 per year; and
2. Authorize the lease of systems software based on the documented sole source for an annual basis
from IBM Credit Corporation with an estimated annual cost of $295, 991.00; and
3. Authorize the trade-in and removal of the existing IBM Model 9672 central processing unit with a
current estimated value of$2,000.00 as a part of the agreement; and
4. Authorize this agreement to begin January 31, 2001, and end February 1, 2004.
DISCUSSION:
On January 17, 1995 (M&C C-14642), and November 12, 1996 (M&C C-15663), the City Council
authorized agreements with the IBM Credit Corporation to provide the central processor, hardware
maintenance, system software, and services for a four-year period. On December 21, 1999 (M&C C-
17798), the City Council authorized a one-year extension of the system software licensing agreement
for calendar year 2000. The recommendation includes authorization to pay for the lease of system
software under the old agreement for the month of January 2001.
The current central processor is now six years old. Many vital automated systems continue to run on
the City's mainframe environment. Although several application systems are scheduled to migrate to
other computing platforms, the I. T. Solutions Department projects there will be continued utilization of
the mainframe platform. The current mainframe is a mid-1990's vintage system which is now dated.
The acquisition of a new processor will allow the City to be technologically current and keep the same
system software the City is currently using. The annual cost of the systems software under this
proposed agreement is approximately $70,000 less than the current agreement, so the cost of replacing
the mainframe is slightly less than what is already budgeted for FY2000-2001.
The proposed agreement will allow the City of Fort Worth to evaluate its systems software needs on a
periodic basis,, It is anticipated that the I. T. Solutions Department will review the systems needs
annually. The,agreement will allow the City to add or drop system software elements. The monthly
software costs Would be adjusted with changes.
Financing the central processing unit over time reduces the annual outlay needed to pay for it, and allows
the I. T. Solutions Department to implement this vitally important change within existing resources without
an increase'In 1he department's service rates. The IBM Credit Corporation will finance the processor
costsXfor 36 -or�t6 at 5.51%. The cost for the elements as proposed for the first year is as follows:
City of Fort Worth, Texas
imaffor andCommunication
coundl
DATE REFERENCE NUMBER LOG NAME PAGE
1/30/01 **P-9282 1 0001-0052 2 of 2
SUBJECT LEASE/PURCHASE AGREEMENT FOR AN IBM 3000-1-130 CENTRAL COMPUTER,
MAINTENANCE AND LEASE OF SYSTEMS SOFTWARE FROM IBM CREDIT
CORPORATION FOR THE I. T. SOLUTIONS DEPARTMENT
Element Cost Per Month
IBM 3000-H30 Hardware $ 5,098.46
Maintenance 642.15
System Software plus Resolve and Alert at $317.00 per month 24.175.65
Total (includes trade-in and removal of the Model 9672 processor) $29,916.26
The IBM Credit Corporation is the sole source for this system software because of its ability to bundle
hardware, maintenance, and services with the systems software the City of Fort Worth uses to run its
mainframe applications.
The IBM Credit Corporation is designated as a qualified information system vendor by the State of
Texas. Under Section 271.083 of the Texas Local Government Code, a local government satisfies
otherwise competitive bidding requirements when it makes a purchase through the State of Texas
General Services Commission Catalogue purchasing procedure. The City intends to comply with the
procedure for this purchase agreement.
M/WBE -A waiver of the M/WBE requirement was requested by the Purchasing Division and approved
by the M/WBE Office because the purchase of goods and services is from a source where
subcontracting or supplier opportunities are negligible.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Information Services Fund.
CB:k
BQN/01-0052/JRC
SubmlttBQN/0001-0052/JRCed FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
for City Manager's
Office by: (to)
APPROVED
Charles Boswell 8511 CITY COUNCIL
Originating Department Head:
Jim Keyes 8517 (from) JAN 30 1Ua1
P168 539370 0047000 `W
Additional Information Contact:
Robert Combs 8357 oim