HomeMy WebLinkAboutContract 56193 CSC No. 56193
== Statement of Work for ServiceElite
Both of us agree to add the following Services as part of our ServiceElite contract.
Proactive Entry Support Service
1. Scope of Service
Proactive Entry Support is optional with standard base hardware and software support services(Basic Maintenance)for Eligible Products. IBM
Basic Maintenance is a prerequisite for each Eligible Product for which Client selects Proactive Entry Support coverage. Eligible Products are
identified at www.ibm.com/services/supline/products/
There are three Enhanced Service Modules in Proactive Entry Support-- Priority Access, Priority Response, and Priority Handling--to provide
premium remote voice and electronic entry into,and handling within, IBM's support structure to assist Client with managing and maintaining its In-
formation Technology(IT)environment.
2. IBM Responsibilities
The Priority Support Team (PST) is the group of skilled Proactive Support specialists responsible for tasks in the following Enhanced Services
Modules. IBM will assign a member of the PST as Client's Technical Solution Manager(TSM). Members of the PST also assist the TSM with the
provision of all aspects of Proactive Support.
2.1 Priority Access
IBM provides direct priority access to a team of skilled resources as an initial point of contact for problem submissions on Eligible Products. The
PST will, in the Welcome Communication, provide Client with a unique Proactive Entry Support Direct Access Code (DAC),and provide direction
for the Client to maximize the features of Proactive Entry Support.
Client may submit problems via voice using Client's unique DAC or by electronic problem reporting using the IBM support portal.
2.2 Priority Response
Response Time is the elapsed time between IBM technical support's receipt of Client's problem submission and IBM's acknowledgment of the
submission. The PST uses reasonable efforts to respond within the Targeted Response Time Objectives, based on the Severity of the problem
and the time that Client reports the problem. IBM's initial response may resolve the problem or form the basis for determining if additional actions
are required. Response Times are objectives only. IBM is not responsible for delays caused by systems and network problems.
Targeted Response Time Objectives-Severity 1 objective is 30 minutes 247.Severity 2-4 objective is two-hour response during prime shift.
2.3 Priority Handling
The PST performs initial problem determination,problem source identification,and direct resolution,if possible.If additional resources are required
for resolution,the PST will,based on the identified source and severity of the problem:
a. For all Severity Eligible Program(software)problems,engage the appropriate support resources,coordinate and manage the contributions of
those resources, monitor the progress of Client problem submissions,and provide regular status updates.
b. For all Severity Hardware problems reported via the Proactive Entry Support DAC,engage the appropriate support resources,offer coordination
and management assistance for problems being handled by remote IBM support,and provide an escalation path as needed.
c. For all Severity problems related to Eligible Products that are not covered by Proactive Entry Support, IBM will route the reported problem to
the appropriate resources to provide support under separate terms,and provide an escalation path as needed.
2.4 Proactive Entry Support
IBM will provide Client's Primary Technical Contact(PTC)with a Welcome Communication to:
1) summarize the Proactive Entry Support Service;and
2) document the inventory listing of Eligible Products;
For non-Software maintenance enabled Products Client's will receive:
1) basic,short duration installation,usage,and configuration questions;and
2) questions regarding IBM Supported Product publications.
3. Client Responsibilities
Client agrees to:
a. submit all requests using Client's DAC;
b. identify and maintain a United States(USA)PTC,to whom IBM may direct general technical information and questions;
c. maintain, for the duration of Proactive Entry Support, Basic Maintenance for Eligible Products, consistent with the Proactive Entry Support
Service being purchased;and
d. be responsible for obtaining all necessary permissions to use,provide,store and process content in Services and grants IBM permission to do
the same.Client's content may be subject to governmental regulation or may require security measures beyond those specified by IBM for an
offering.Client will not input or provide such content unless IBM has first agreed in writing to implement additional required security measures.
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CITY SECRETARY
FT.WORTH,TX
4. Termination
This one time charge Service cannot be terminated.This Service does not auto renew IBM may withdraw Service on 90 days'written notice.If IBM
withdraws Service for which Client has prepaid and IBM has not yet fully provided the Service to Client, upon request Client will be provided a
prorated credit.
5. IBM Tools
IBM may use tools, owned or licensed by IBM, in the performance of the Service (IBM Tools). IBM continuously develops and utilizes new IBM
Tools and capabilities for the purpose of providing remote and on-site problem determination and resolution support to IBM Clients. Some IBM
Tools(e.g., an application (App)), are used by on site technicians to capture images of the Machine and transmit the images to a remote IBM
Subject Matter Expert with a goal of faster and more cost effective repair and one-visit resolution of complex issues. Unless licensed in writing by
IBM,Client has no right to access,retain,copy,or use the IBM Tools and no Client license or intellectual property right is granted or implied by the
use of the IBM Tools used in connection with performance of the Services.IBM Tools are subject to the terms associated with them. IBM Tools are
not warranted.If applicable,upon completion of the Service Client agrees to cease use of,uninstall and remove the IBM Tools from Client's Eligible
Machines and facilities.
Media Retention Option
Media Retention Option permits Client to retain a flash memory or hard drive device (collectively, Media)being replaced as part of an IBM Service. IBM
warranty or IBM Machine maintenance Service is a prerequisite for this Option.
If the reported problem requires the replacement of Media,IBM will supply the replacement. IBM will deliver the replaced device to Client's representative,
as Client property,for appropriate disposal. Retained Media may not be placed into productive use.
Client agrees to identify a specific Client representative to receive the retained Media from IBM. IBM is not responsible for the loss or disclosure of, or
damage to,any data that may be contained on removed Media.Any removed device not retained by Client will be retained as IBM property.
If Client has selected Automatic Inventory Increase for Machines and Software Maintenance Service, Option#1 Machine Maintenance Services,that se-
lection also applies to this Option,except this Option begins at Machine's addition to inventory regardless of the Machine's warranty status.
Machine Control Program Remote Support
This remote support Service is provided only for Machine Control Programs.The term"Machine Control Program"("MCP")means code delivered with an
IBM Machine that executes below the external user interface(i.e., is implemented in a part of storage that is not addressable by user programs).
IBM will provide you remote assistance(via telephone from IBM's support center or via electronic access)in response to your routine installation,configur-
ation,and usage(how-to)questions pertaining to MCPs on your covered IBM Machines.This assistance is provided during normal business hours(8 a.m.
to 5 p.m. in the local time zone where you receive the Service, Monday through Friday,excluding national holidays). For an additional charge,'you may
upgrade your Service hours of coverage to 24 x 7.
Remote Support does not include assistance for 1)the design and development of code,2)your use of a MCP in other than its specified operating envir-
onment, 3)use on other than the specified machine, or 4)failures caused by products for which IBM is not responsible under this Service. This Service
does not include on-site assistance at your location.
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IBM's Data Processing Addendum (DPA) at http://ibm.com/dpa and the DPA Exhibit at https://www.ibm.com/mysupport/s/article/support-privacy
apply to the processing of Client's personal data by IBM on behalf of Client in order to provide IBM Services,if and to the extent i)the European General
Data Protection Regulation(E/2016/679)(GDPR);or ii)other data protection laws identified at http://ibm.com/dpa/dpi apply.
This Statement of Work,its applicable Transaction Documents,applicable Attachments,and the Agreement in effect between us are the complete agreement
regarding Services and replace any prior oral or written communications between us. Accordingly,neither party is relying upon any representation that is
not specified in the complete agreement including,without limitation,any representations concerning 1)levels of service,hours,or charges to provide any
Service;2)the experiences of other clients;or 3)results or savings Client may achieve. Each party accepts the terms of this Statement of Work by signing
this Statement of Work by hand or,where recognized by law,electronically.
As used in this Statement of Work,"Client","Customer","you"and"your"refer to the contracting entity identified below.
Agreed to: Agreed to:
City of Fort Worth(Client) International Business Machines Corporation(IBM)
By gyJeff Tatara Digitally signed by JeffTatara
Dana Bu4cih�%ff Date:2021.07.29 11:00:44
Dana Burghdoff(Aug 19,202111:50 CDT) -05'00'
Authorized signature Authorized signature
Name(type or print): Name(type or print): Jeff Tatara
Date: Date: 07/29/2021
Enterprise number: 03488000 Reference Attachment number:OOOOMSA
Statement of Work number:A14LB9
Enterprise address: IBM address:
200 Texas St IBM CORPORATION
Fort Worth,TX 76102-6314 6303 BARFIELD RD NE
ATLANTA,GA 30328-4233
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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ACCEPTED AND AGREED:
CITY:
CITY OF FORT WORTH Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and
�gng BurcGclo�� administration of this contract, including
By: Dana Burghdoff ug 19,202111:50 CDT) ensuring all performance and reporting
Name: Dana Burghdoff requirements.
Title: Assistant City Manager
By. Richard Lise�g 6,202108:42 CDT)
APPROVAL RECOMMENDED: Name: Richard Lisenbee
Title: Senior IT Manager
��� APPROVED AS TO FORM AND
By: Chris arder(Aug 18,202116:47 CDT)18,202116:47 CDT) LEGALITY:
.
Name: Chris Harder
Title: Director, Water Department
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ATTEST: By: "
Name: Taylor Paris
Title: Assistant City Attorney
By: CONTRACT AUTHORIZATION:
Name: Ronald Gonzales
Title: Acting City Secretary M&C: P-12287
oaf FORra� Date Approved: 12/11/2018
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX