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FIRST AMENDMENT T O
FORT W ORT H CITY SECRETARY CONTRACT NO. 46970
This Amendment is made between the C ity of Fort Worth ("FORT W ORTH"), a municipal
corporation, acting herein by and through Jesus J. Chapa, its duly authorized Assistant City
Manager and HTE VAR, LLC d/b/a SPS VAR ("SPS VAR"), acting her e in thro ugh Tom Lewis
its duly authorized President
WHEREAS , FORT WORTH and SPS VAR entered into an Agreement identified as Fort
Worth City Secretary Contract No. 46970 for a period of three years beginning Au gust 25, 2015;
and
WHEREAS , SPS VAR is the subcontractor to International Business Machines
Co rporation (IBM)on DIR-SDD-2108 ; IBM performs the replacement of defect ive drives; and
WHEREAS , to ensure data confidentiality, and proper dispo sal, F ORT WORTH wo u ld
like to keep the defective drive requiring replacement; and
WHEREAS , it is the collective desire of both FORT WORTH and SP S VAR to amend
the Agreement to allow FORT WORTH to keep a defective drive if IBM is called on to replace
it;
NOW THERE F ORE, KNOWN ALL B Y THESE PRESEN T:
Fort Worth City Secretary Contract o . 46970 is hereby amended to be effective on Septemb er
30, 2015 by:
A dding the attached Exhibit A -1 as an attachment to Exhibit A "Statement of Work" at
no cost to FORT WO RTH .
All other terms, provisio n s , conditions, covenants and recitals of sai d Agreement not express ly
amended herein shall remain in full force and effect.
APP ROVED FOR APPROVED FOR
CI TY OF FORT WORTH: HTE V AR, LLC d/b/a SPS VAR:
By ~
Jay Chapa
B y:~
TomLe'
Assistant City Man:Jer
Date: /& -~ -) !:>'
President
Date: / 0 -{ -( <;.
First Amendm ent to Fort Wo rth City Secretar y Contract No . 46970
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1 of2
.... .._
APPROVED AS TO FORM
ANDLEGA ITY:
Contract Authorization :
M&C : NA -------
Date Approved: ____ _
First Amendment to Fort Worth City Secretary Contract No._
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OFFICIAL RECOR;;
CITY SECRETARY
L Ft WORTH, TX
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----F:t h, ~-,f A ----------- ------- -------------·-Statement of Work for ServiceElite
Both of us agree to add the following Services as part of our Service Elite contract.
Media Retention Option
Under this Media Retention Option , IBM will modify Service for Machines as described in our Agreement to allow you to retain a defective flash memory
or hard drive device that is replaced in the course of Service by us . If your reported problem requires the replacement of one of these devices , a
replacement will be supplied by us and the removed defective device will be provided to you as your property for disposal by you.
The applicable Schedule will identify the Eligible Machines by Specified Location, and period for which you have contracted this Service. The IBM Eligible
Machines covered under this Statement of Work must also be under IBM warranty or separately covered by Machine maintenance Service with us .
If you have selected Automatic Inventory Increase for Machines and Software Maintenance Service -Machine Maintenance Services, Option #1 , that
selection will also apply to this option except this Service will commence upon a Machines addition to inventory regardless of the Machines warranty status.
You agree to :
1. identify a customer representative to receive the retained defective device from IBM;
2 . refrain from placing the defective device into productive use; and
3. dispose of all retained devices in compliance with applicable environmental laws and regulations.
IBM is not responsible for the loss or disclosure of, or damage to, any data that may be contained on a removed defective device. Any removed device that
is not returned to you will be retained as IBM's property.
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 ,
configuration , 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
environment, 3) use on other than the specified machine , or 4) failures caused by products for which IBM is not responsible under th is Service . This Service
does not include on-site assistance at your location .
2125-7228-20 08-2015 (MK076) contract AJ9PCG (prepared 09/22/15 14:04 WLBLAN) / Print Control Number 01 Page 1 of 2
This Statement of Work , its appl icable Transaction Documents , applicable Attachments , and the agreement in effect between us comprise the complete
agreement regarding the Services described and replace any prior oral or written communications between Client and IBM . Each party accepts the terms
of this Statement of Work by signing th is Statement of Work by hand or, where recognized by law , electronically
As used in this Statement of Work , "Client", "Customer","you" and "you r" refer to the contracting entity identified below .
Agreed to: Agreed to :
City of Fort Worth (Client) International Business Mach ines Corporntion (IBM)
Digitally signed by Denise Johnson-Turner
By ---s-~{dr= J;)N : cn=Denise Johnson-Turner, o, ou, email=denisejt@us.ibm .com, c=US
Name (type or print):
Date :
Enterprise Number:
Enterprise address :
1000 Throckmorton Street
Fort Worth , TX 76102
-Date . 2915.19.91 13.9~A6 94'9e'
Authorizc>J signature
Name (type or print): Denise Johnson-Turner
Date : 10/1 /15
Reference Attachment number:
Statement of Work number: AJ9PCG
IBM address :
IBM CORPORATION
7100 HIGHLAND PARKWAY
SMYRNA, GA 30082
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
2125-7228-20 08-2015 (MK076) contract AJ9PCG (prepared 09/22/15 14:04 WLBLAN) / Print Control Number 01 Page 2 of 2