HomeMy WebLinkAboutReso 2006-905RESOLUTION NO. 2006 -905
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING A
COMPUTER MAINTENANCE SERVICES AGREEMENT
WITH INTERNATIONAL BUSINESS MACHINES (IBM)
CORPORATION, IN THE AMOUNT OF ELEVEN THOUSAND
SEVEN HUNDRED EIGHTY -FIVE DOLLARS AND TWENTY -
SEVEN CENTS (511,785.27) AND SUBSTANTIALLY THE
SAME FORM AS THE AGREEMENT ATTACHED HERETO
AS EXHIBIT "A "; AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THE TERMS OF THIS AGREEMENT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach continues to grow and, to meet projected
needs, the City has recently purchased hardware and Software Support services from IBM iSeries
System to assist with the needs of the City's Finance Department; and
WHEREAS, via Resolution No. 2002 -504 the City purchased LOGOS /400 software
from New World and an IBM iSERIES server from Midrange Support Service. Inc.; and
WHEREAS, the purchase of the server included a three -year maintenance service
agreement, which expired on February 9, 2006; and
WHEREAS, the City is in need of computer maintenance services for the IBM server and
wishes to enter into an agreement with International Business Machines Corporation (IBM), in
the amount of Eleven Thousand Seven Hundred Eighty -Five Dollars and Twenty -Seven Cents
($11,785.27) and substantially the same form as the agreement attached hereto as Exhibit "A ".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. A Computer Maintenance Services Agreement with
International Business Machines (IBM) Corporation, in the amount of Eleven Thousand Seven
Hundred Eighty -Five Dollars and Twenty -Seven Cents ($11,785.27) and substantially the same
form as the agreement attached hereto as Exhibit "A" is hereby approved.
Section 2. Authorization of Mavor. The Mayor is hereby authorized to execute said
Agreement.
Section J. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of the Agreement.
82006 -905 Computer Maintenance Svcs Agmt With IBM Page 1 of 2
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 16th day of March 2006.
"ATTEST:
Jarie A. Hines, CMC. City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Vote: S -b
Mayor Edelcup
Vice Mayor Brezin
Commissioner Goodman
Commissioner Iglesias
Commissioner Thaler
Service Agreement with IBM for the Finance System Page 2 of 2
ti(Yes)
_(No)
t/(Yes)
_(No)
__LG(Yes)
_(No)
V (Yes)
(No)
✓(Yes)
_(No)
=_ = Statement of Work for ServiceElite
Both of us agree to add the following Services as part of our Service Elite contract.
iSeries Software Services
Alert provides automatic weekly notification of the following for selected IBM Products: 1) High Impact and Pervasive Authorized Program Analysis
Reports (called "HIPER APARS ") and 2) any Program Temporary Fixes IBM discovers to be defective (called "PE PTFs "). IBM provides nofification
via your choice of available delivery methods.
IBM Responsibilities
IBM will provide you Alert notifications regarding each of your specified iSeries systems based on the parameters you choose when setting up this
Service. If you implement IBM Service Agent, IBM will tailor the maintenance information that it provides to you for your specific environment.
Your Responsibilities
If you do not currently have an IBM Registration ID, you agree to obtain one at httas:// www. ibm .coMaccounUoro9le /us ?oaae =rea. The IBM
Registration ID must be used to 1) access the Alert Web site, 2) set up your preferences for Alert notifications, and 3) indicate which type of
notifications you choose to receive.
Each of us agrees that the complete agreement between us about these Services consists of 1) this Statement of Work and its Change Authorizations and
Schedules, 2) the referenced Attachment, 3) supplemental terms referenced in any of the documents in 1 and 2 above, and 4) the referenced Agreement.
Accordingly, in entering into this Statement of Work you acknowledge that you are not relying upon any representation made by or on behalf of IBM that
is not fully and expressly set out in the documents specified above, such as the results of any Services. By signing below, both of us agree to the terms
of this Statement of Work without modification.
As used in this Statement of Work, "you" and "your" refer to the Customer Company identified below.
Agreed to: pp /1 Agreed to:
CITY OF SUNN''rN r-'' LES A r I International Business Machines Corporation
By
By
Authored signature ulhorized signature
Name (type or prin or 1_ 1".. VpXq f Acss +. (2ily Mar. Name (type or pn �`. AX
Date: 11I3LS101p j U Date: t /Z f/d
Customer Number: 00722462 Reference Agreement number. SSP4402
Customer address:
Reference Attachment number: MAS27BT
C.o \ktn s AVe^of✓ J t ) Statement of Work number: AS27BT
ATE 250
SUNNY IS BCH FL 33160 -3635 +4 6� IBM Address:
Customer telephone number: L305)9'it'i_0to O(o IBM CORPORATION APPI
4111 NORTHSIDE PARKWAY
Customer billing Address: ATLANTA, GA 30327 AND
AVNETINCAVNETINC
A P TT400 09263
2021 LAKESIDE BLVD
RICHARDSON TX 75082 -4301
Z125- 7228 -02 4 12006 (MK076)) contract AS278T (prepared 07/21/06 10:32 AVJMAR
AS TO FORM
Page 1 of 1
SIB
Master Services Attachment for ServiceElite
Scope of Services
IBM will provide you Services as described in this Attachment and. if applicable, its Statements of Work and Change Authorizations to support your
hardware and software products (called "Eligible Machines." "Eligible Programs," and together "Eligible Products "). Services are available for
Eligible Products normally used for business, professional, or trade purposes, rather than personal, family, or household purposes.
IBM will identify the Eligible Products, the Services that apply to them, and the Services transaction contract period in Schedules that reference this
Attachment and any associated Statements of Work and Change Authorizations. Each 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.
The specific terms regarding Eligible Machine Services and Eligible Program Services contained in this Attachment and its Statements of Work
and Change Authorizations apply only when you have contracted for an associated Eligible Machine maintenance Service or Eligible Program
support Service as specified in a Schedule.
Sales through IBM and IBM Business Partners
You may acquire Services through IBM or an IBM Business Partner, or their designee, authorized to resell IBM Services. IBM Business Partners
establish the price and general business terms at which they market the IBM Services to you and they will communicate these directly to you for
all transactions they initiate with you. However, IBM establishes the terms of each Service IBM provides and our general business responsibilities
associated with these Services. Therefore, IBM will provide the Services as described in this Attachment and its associated Statements of Work
and Change Authorizations (and their Schedules).
Whenever IBM is required to provide notification to you or you are required to provide notification to IBM, each of us also agrees to notify the
applicable IBM Business Partner if one is engaged in the transaction.
In the event that you have contracted through an IBM Business Partner that is no longer able to offer IBM Services, for any reason, IBM will so notify
you in writing. You may continue to receive the Services by instructing IBM (in writing) to transfer administration of the Services to either 1) another
IBM Business Partner of your choice (who may require you to first execute one of their agreements) that is approved to offer you IBM Services,
or 2) IBM under a standard direct marketing relationship that enables IBM to generate charges and invoicing.
IBM is not responsible for 1) any actions of IBM Business Partners or their designees, 2) any additional obligations they have to you, or 3) any
products or services that they supply to you under their agreements.
Each of us agrees that the complete agreement between us about these Services consists of 1) this Attachment and its associated Statements of Work
and Change Authorizations, 2) Schedules to this Attachment and its associated Statements of Work and Change Authorizations, 3) supplemental terms
referenced in this Attachment and its associated Statements of Work and Change Authorizations, and 4) the IBM Customer Agreement (or any equivalent
agreement in effect between us) identified below. Accordingly, in entering into this Attachment you acknowledge that you are not retying upon any
representation made by or on behalf of IBM that is not fully and expressly set out in the documents specified above, such as the results of any Services.
By signing below for our respective Enterprises, both of us agree to the terms of this Attachment without modification.
As used in this Attachment, "you" and "your" refer to the Enterprise identified below.
Agreed to:
CITY OF SUNNY LES
BY I , L1, h1 A �ut5 or1iz0e� d signature
Name (type or pri Of L —VR14r A
S 4-. C�41 My.
Date:
Enterprise number: 08638906
Enterprise address:
Agreed to:
International Business Machines Corporation
By 2��-
Authorized signature
Name (type or print): s/� J N• J / re's
Date:
Attachment number: MAS27BT
APPROVED AS TO FORM
Agreement number: SSP4402 _ -- !L _„(, r cTlL'F ?i FNC
!?01?6e@tttNSAV %$011O C.otl'a & Ay4-,w4L. �o IBM address:
S� NNNY
U IS BCH FL 33160 -3635 �11�`(la� IBM CORPORATION
4111 NORTHSIDE PARKWAY
ATLANTA, GA 30327
G
2725- 7227 -02 4/2006 (MK076) contract AS27BT (prepared 07/21106 10:31 AVJMART)
Page 1 of 5
SI
3. IBM Responsibilities
When you contract for an applicable Service. IBM agrees to deliver the Service in accordance with the terms and responsibilities identified in the
Service description set out in this Attachment or an associated Statement of Work or Change Authorization. For basic maintenance of IBM
Machines, the Service description is set out in our Agreement (referenced in the signature block above).
4. Your Responsibilities
When you contract for an applicable Service, you agree:
i to provide IBM with an inventory in which you identify all Eligible Products to be covered at each Specified Location and to notify IBM whenever
you wish to move, add, or delete Eligible Products at an existing Specified Location or set up new Specified Locations;
2. to return to IBM all defective CRUs (from covered Eligible Machines) within 30 days of your receipt of the replacement CRU. A "CRU" is a
Machine part which is designated as a Customer Replaceable Unit (e.g. keyboards, memory, or hard disk drives). IBM provides CRUs to you
for replacement by you;
3. that when the Service includes IBM providing you with access to electronic diagnostic tools, information databases, or other Service delivery
facilities, you will limit the use of these to only those who are authorized to use them under your control and only in support of Eligible Products
and Services identified in Schedules;
4. to provide IBM with information it requests which is related to its provision of the Services to you and to notify IBM of any changes;
5. to allow International Business Machines Corporation and its subsidiaries to store and use your business contact information, including names,
business phone numbers, and business e-mail addresses, anywhere they do business. Such information will be processed and used in
connection with our business relationship, and may be provided to contractors acting on IBM's behalf, IBM Business Partners who promote
market, and support certain IBM products and services, and assignees of International Business Machines Corporation and its subsidiaries for
uses consistent with our business relationship;
6. to pay any communications charges associated with accessing these Services unless IBM specifies otherwise in writing; and
7. to use the information obtained under these Services only for the support of the information processing requirements within your Enterprise.
5. Automatic Inventory Increase for Machine and Software Maintenance Service
If specified as a selected option in the Schedule, IBM will automatically increase the inventory count and associated maintenance Services at
Specified Locations per the terms set out below.
OPTION #1 - MACHINE MAINTENANCE SERVICES
IBM will automatically increase the inventory count and associated Machine maintenance Services 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 transaction contract period. IBM Machines specifically excluded from coverage at
transaction contract period start will remain outside the scope of this Section unless you request IBM add them during the transaction contract
period. However, all Eligible IBM Machines added to your inventory during the transaction contract period will be included in the inventory
count and receive maintenance Services as set out in this Section.
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 transaction 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 at the Specified Location.
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.
If at any time either of us requests a review of the inventory count. each of us will provide reasonable cooperation to the other in updating the last
formal inventory.
OPTION #2 - SOFTWARE MAINTENANCE SERVICES
FOR AIX OPERATING SYSTEMS, OS1400, i51OS, AND SELECTED PRODUCTS
IBM will automatically increase the inventory count and associated software maintenance Services whenever an Eligible Program licensed for use
on an Eligible IBM Machine is added to the inventory. If the Program is covered under the Agreement for Acquisition of Software Maintenance
when added to the inventory, then software maintenance Services via ServiceEfite will commence at the expiration date of that support period. If
the Program is not covered under the Agreement for Acquisition of Software Maintenance when added to the inventory, then software maintenance
Services via ServiceElite will commence immediately and After License Fees may apply.
The software maintenance Services that apply for these Programs will be the same as that which you are receiving for all other copies of the
Program licensed for use on Eligible IBM Machines of the same type at the Specified Location.
If at any time either of us requests a review of the inventory count, each of us will provide reasonable cooperation to the other in updating the last
formal inventory.
Z125- 7227 -02 4/2006 (MK076) contract AS27BT (prepared 07121/06 10:31 AVJMART) Page 2 of 5 S I B
6. Charges and Payment
For sales through IBM, your charges are calculated taking into account your Service selections, price protection option, payment option, and for
prepayments, length of the prepay period. You agree to pay by electronic funds transfer to an account provided by IBM or other means as agreed
by both of us.
FOR EACH TRANSACTION PACKAGE YOU MAY SELECT ONE OF THE FOLLOWING 3 PRICE PROTECTION OPTIONS. YOUR
SELECTION WILL BE SPECIFIED IN THE SCHEDULE ASSOCIATED WITH THAT TRANSACTION PACKAGE.
OPTION #1 - PRICE PROTECTION DURING EACH TRANSACTION CONTRACT YEAR ONLY
IBM may revise charges. However, any rate increase will not take effect until the next yearly anniversary of the start of the transaction contract
period. At the scan of each transaction contract year, you will be invoiced at the charge rates that are then in effect and that invoice will serve
as your notice of charge rate changes.
All newly added Eligible Products and Services, as well as changes to existing Eligible Product configurations and Services, will assume the
charge rate that applied for these at the previous yearly anniversary of the start of the transaction contract period. Eligible Products and Services
that become generally available during the transaction contract period will be added at the charge rate that applied on their initial availability date.
OPTION #2 - PRICE PROTECTION FOR ENTIRE TRANSACTION CONTRACT PERIOD, INCLUDES PROTECTION FOR NEWLY ADDED
MACHINE TYPES
For the entire transaction contract period, charges for included Eligible Product configurations and Services will not increase. All newly added
Eligible Products and Services, as well as changes to existing Eligible Product configurations and Services, will assume the charge rate that
applied for these at transaction contract period start. Eligible Products and Services that become generally available during the transaction
contract period will be added at the charge rate that applied on their initial availability date. You will receive the benefit of a decrease in applicable
charges for amounts which become due on or after the effective date of the decrease.
OPTION #3 - PRICE PROTECTION FOR TRANSACTION CONTRACT PERIOD PREPAY
Since you have selected to prepay for the entire transaction contract period, you will not be subject to increases in charges (during that period)
for included Eligible Product configurations and Services. All newly added Eligible Products and Services, as well as changes to existing Eligible
Product configurations and Services, will assume the charge rate that applied for these at transaction contract period start with adjustment for
the reduced prepay period. Eligible Products and Services that become generally available during the transaction contract period will be added
subject to the charge rate that applied on their initial availability date with adjustment for the reduced prepay period. If you elect to have these
charge terms apply for charges during any renewal transaction contract period (as recalculated at the start of each renewal period), you must
provide IBM written notification (at least one month prior to the start of the renewal period) and prepayment for the entire renewal period.
Otherwise, charges for the renewal period will revert to a quarterly billing cycle under the terms set out for Option #1 above.
FOR EACH TRANSACTION PACKAGE THE FOLLOWING CHARGE ADJUSTMENT TERMS APPLY.
Total Services charges may be adjusted whenever:
1. a review of the inventory count indicates a change from the last accounting; or
2. a Specified Location, Eligible Machine type, or Service is added, deleted, or changed.
For all Service charges based on usage, upon IBM's request you will immediately provide IBM with the actual meter reading recording the actual
usage.
For sales through IBM Business Partners. 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 IBM's provision of some additional services, e.g., Service
upgrades. These actions or additional services are identified in this Attachment and its associated Statements of Work and Change Authorizations
with an asterisk [" ). Where you see an asterisk, check with your IBM Business Partner to determine if you will incur an additional charge or may
be entitled to a credit or refund. You will make payment directly to your IBM Business Partner.
IBM may charge you directly for certain expenses IBM incurs in performance of a Service for you (e.g. actual travel and living expenses,
out-of- pocket expenses). IBM will not incur these expenses without your prior approval.
Renewal and Termination
IBM will automatically renew Services unless you or your IBM Business Partner request otherwise. For each transaction the Schedule will specify
the number of years (0 or greater) in the Renewal Contract Period. Whenever this number is greater than 0. IBM will renew the applicable Services
at the end of the transaction contract period for the number of years specified. Thereafter. IBM will automatically renew the Services for same
length periods unless you or your IBM Business Partner notify IBM in advance of your desire to change the length of the renewal. You, your IBM
Business Partner, or IBM can select not to renew by providing written notification (at least one month prior to the end of the current transaction
contract period) to the others of its decision not to renew. Nonrenewal notification sent to you by IBM or received by IBM from either you or your
IBM Business Partner will result in IBM ceasing to provide you the applicable Services at the end of the current transaction contract period.
In case of renewals, charges are recalculated at the start of each renewal period. For sales through IBM, the new charges will be based on the
length of the Renewal Contract Period and then current charges associated with your contracted a) Services, b) price protection option, and c)
payment option.
One of the following termination provisions will apply based on the length of the transaction contract period specified in the Schedule.
PROVISION #1 - ONE YEAR TRANSACTION CONTRACT PERIOD
You may terminate Services for an Eligible Product, on notice to IBM, if you permanently remove it from productive use within your Enterprise.
You may also terminate Services by providing IBM one month's written notice, after the Services have been under contract for at least one year.
You will receive a credit for any remaining prepaid period associated with Services you terminate in accordance with this provision'
PROVISION #2 - MULTI -YEAR TRANSACTION CONTRACT PERIOD
Z125- 7227 -02 412006 (MK076) contract AS27BT (prepared 07/21106 10:31 AVJMART) Page 3 of 5 C g
You have committed to confinue Services for the entire transaction contract period. However, you may terminate Services for an Eligible Product,
on notice to IBM, 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 IBM one month's written notice, after the Services have been under
contract for at least one year, and paying an adjustment fee equal to _("')_ months' charges.'
— NUMBER OF MONTHS EQUAL TO NUMBER OF YEARS IN THE TRANSACTION CONTRACT PERIOD. FOR EXAMPLE, "3" MONTHS
IF THE TRANSACTION CONTRACT PERIOD IS 3 YEARS.
After allowing for applicable adjustments, you will receive a credit for any remaining prepaid period associated with Services you terminate in
accordance with this provision.'
8. Services
Warranty Service Upgrade
For certain Eligible Machines, you may select a Service upgrade from the standard type of warranty Service for the Machine. IBM provides Service
for Machines as described in our Agreement but charges for the upgrade in type of Service during the warranty period.
You may not terminate the Service upgrade or transfer it to another Machine during the warranty period. When the warranty period ends, the
Machine will become part of your standard inventory count and will convert to maintenance Service at the same type of Service you selected for
warranty Service upgrade.
Maintenance of IBM Machines
IBM will provide Service for Machines. as described in our Agreement, for those Eligible IBM Machines specified in the Schedule.
Maintenance of Non4BM Machines
IBM will provide Service for Machines, as described in our Agreement, for those Eligible non -IBM Machines specified in the Schedule. Unless
specified otherwise in the Schedule, Service is provided only for the manufacturer's base configuration for each covered Machine model. You are
responsible for following the manufacturers and IBM's provided guidelines pertaining to operator responsibilities, maintenance procedures, and
supplies prior to placing a Service request.
Repair of non -IBM Machines is subject to the availability of repair parts and any technical support required of the original manufacturer. Repair
parts will be functionally equivalent to those replaced. They may be new or used and may have been manufactured by other than the original
manufacturer. You may request that IBM use repair parts manufactured by the original manufacturer when these are available, but there may be
an additional charge for these parts.'
IBM's support does not cover:
1. Machine installation, engineering change activity, or preventive maintenance;
2. correction of date related errors. IBM will make the final determination of whether a date related error is the source of the problem;
3. service of microcode or firmware;
4. service of features, parts, or devices not supplied by either a) the Machine's original manufacturer or b) IBM during the performance of this
Service;
5. service for accessories, supply items, and certain parts, such as batteries, frames, and covers;
6. service of a Machine damaged by misuse, accident, modification, unsuitable physical or operating environment, or improper maintenance by
you;
7. service of a Machine with removed or altered Machine or parts identification labels;
8. failures caused by a product for which IBM is not responsible; or
9. service of Machine alterations.
Upon written notice, IBM may terminate coverage for an Eligible non -IBM Machine due to lack of available repair parts or lack of original
manufacturer technical support.
Eligible non -IBM Machines must meet IBM's safety and serviceability requirements. IBM reserves the right to inspect a Machine within one month
from the start of Service. If the Machine is not in an acceptable condition for Service, IBM will notify you and terminate coverage.
You agree to provide IBM one month's written notice prior to terminating coverage for a Machine being permanently removed from productive use
within your Enterprise.
IBM Software Maintenance for OS /400, i5 /OS and Selected Products
IBM will provide software maintenance support, as described below, for those Eligible Programs for which you are licensed and for which you order
this Service.
General
1. IBM makes available to you the most current commercially available version, release or update to all of the Programs for which you acquire
support under this Service, should any be made available.
2. IBM provides you with assistance for your a) routine, short duration installation and usage (how -to) questions and b) code defect related
questions.
3. IBM provides assistance via telephone and, if available, electronic access, only to your information systems (IS) technical support personnel
during normal business hours (normal business hours are 8 a.m. to 5 p.m. in the local time zone where you receive this Service, Monday
through Friday, excluding national holidays). This assistance is not available to your end users. IBM provides Severity 1 assistance 24 hours
a day, every day of the year. Consult the IBM Software Support Guide, which may be found at
httoJ /techsu000rt services ibm com /guides/handbook.html for details. A 24x7 (every day of the year) all severity option is available at extra
charge.' During normal business hours, IBM's response time objective is two hours for voice and electronic problem submissions. For voice
problem submissions during other than normal business hours, IBM's response time objective for critical problems (Severity 1) is two hours
and if you select the 24x7 all severity option, four hours for non - critical problems. For electronic problem submissions during other than normal
business hours, IBM's response time objective is within two hours of the start of normal business hours on the next business day. IBM's initial
response (either voice or electronic) may result in resolution of your problem or it will form the basis for determining what additional actions
may be required to achieve technical resolution of your problem. IBM is not responsible for delays in electronic response delivery caused by
systems and network problems.
Z125- 7227 -02 412006 (MK076) contract AS27BT (prepared 07/21/06 10:31 AVJMART) Page 4 of 5 ^'
4. In some instances, IBM may request that you allow it to remotely access your system to assist you in isolating the software problem cause.
You will remain responsible for adequately protecting your system and all data contained therein whenever we remotely access it with your
permission.
5. This Service does not include assistance for a) the design and development of applications, b) your use of Programs in other than their
specified operating environment, or c) failures caused by products for which IBM is not responsible under this Service.
Eligible Programs: Licensed programs for which this Service is available are listed at htto : /Avww.ibm.mm /services/sVswml or may be obtained
from your IBM marketing representative.
Software Maintenance After License Fee: The Software Maintenance After License fee is a one time charge to resume Software Maintenance
if you a) did not renew this Service prior to the end of the then current support period or b) terminated this Service. The new support period in such
an instance begins on the date that IBM accepts your order.
IBM Software Maintenance for AIX Operating Systems
IBM will provide software maintenance support, as described below, for those Eligible Programs for which you are licensed and for which you order
this Service.
General:
1. IBM makes available to you the most current commercially available version, release or update to all of the Programs for which you acquire
support under this Service. should any be made available.
2. IBM provides you with assistance for your a) routine, short duration installation and usage (how -to) questions and b) code defect related
questions.
3. IBM provides assistance via telephone and, if available, electronic access, only to your information systems (IS) technical support personnel
during normal business hours (normal business hours are 8 a.m. to 5 p.m. in the local time zone where you receive this Service, Monday
through Friday, excluding national holidays). This assistance is not available to your end users. IBM provides Severity 1 assistance 24 hours
a day, every day of the year. Consult the IBM Software Support Guide, which may be found at
h>tpl /techsu000rt. services .ibm.com /auidesRtandbook.html for details. A 24x7 (every day of the year) all severity option is available at extra
charge.' During normal business hours, IBM's response time objective is two hours for voice and electronic problem submissions. For voice
problem submissions during other than normal business hours. IBM's response time objective for critical problems (Severity 1) is two hours
and if you select the 247 all severity option, four hours for noncritical problems. For electronic problem submissions during other than normal
business hours, IBM's response time objective is within two hours of the start of normal business hours on the next business day. IBM's initial
response (either voice or electronic) may result in resolution of your problem or it will form the basis for determining what additional actions
may be required to achieve technical resolution of your problem. IBM is not responsible for delays in electronic response delivery caused by
systems and network problems.
4. In some instances, IBM may request that you allow it to remotely access your system to assist you in isolating the software problem cause.
You will remain responsible for adequately protecting your system and all data contained therein whenever we remotely access it with your
permission.
5. This Service does not include assistance for a) the design and development of applications, b) your use of Programs in other than their
specified operating environment, or c) failures caused by products for which IBM is not responsible under this Service.
Eligible Programs: Licensed programs for which this Service is available are listed at htto: /Avww.ibm.com/sen ices/sUswnV or may be obtained
from your IBM marketing representative.
Software Maintenance After License Fee: The Software Maintenance After License fee is a one time charge to resume Software Maintenance
if you a) did not renew this Service prior to the end of the then cuff ant support period or b) terminated this Service. The new support period in such
an instance begins on the date that IBM accepts your order.
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Cary OF SUN PLO
To:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949-3 1 13 Fax
(305) 947 -2150 Building Department
(305) 947 -5107 Fax
MEMORANDUM
The Honorable City Commission
From: Derrick L. Arias, Information Technology Director
Date: March 16, 2006
Re: Maintenance Agreement with IBM
Recommendation:
It is recommended that the City Commission adopt the attached resolution.
Reasons:
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
This is a renewal agreement with IBM for hardware and software (operating system) maintenance of
the City's IBM iSeries server. This server currently hosts the City's finance and building department
software.
These services were included in the original purchase of the equipment, approved by Resolution
2002 -504, for the first three years. The original maintenance agreement expired on February 9,
2006.
Agenda Item I
Date-
Sot4NY iS4
City of Sunny Isles Beach
18070 Collins Avenue
i
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949-3113 Fax
i �99,a "" �\oP SAP
(305) 947 -2150 Building Department
L 0
C, rr �o
(305) 947 -5107 Fax
o F °'
MEMORANDUM
TO: Derrick Arias, Information Technology Director
FROM: Priscilla Walker, CMC, Deputy City Clerk\
DATE: December 14, 2006
RE: Executed IBM Maintenance Agreement
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
At its regular meeting of March 16, 2006, the City Commission adopted Resolution No. 2006-
905, which approved a Computer Maintenance Services Agreement with IBM. The agreement
has now been signed by all parties.
Attached is a copy of the approving resolution and agreement for your files.
Thank you.
IN
Attachments
cc: A. John Szerlag, City Manager (w /o attachments)
Hans Ottinot; City Attorney (w /o attachments)
Doug Haag, Assistant City Manager /Finance
Ibm Maintenance Agrmt Exec Trans Memo
18070 Collins Avenue, Sunny Isles Beach, FL 33160
305.947.0606 www.sibfl.net
City Commission November 17, 2006
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Brooke Liccardi
Roslyn Brezin
Midrange Support & Service, Inc.
Commissioner
1122 East Atlantic Avenue, Suite C
Gerry Goodman
Delray Beach, Florida 33483
Commissioner
C�rY OF 5UrA PLO
Danny Iglesias Re: Computer Maintenance Services Agreement with IBM
Commissioner
Dear Ms. Liccardi:
A. John Szerlag
City Manager Reference is made to our conversation earlier today. Enclosed are the two (2) original
Hans Manager
City Attorney agreements that were returned to us on yesterday. As I explained to you, IBM did not
Jane A. Hines execute all of the agreement documents. In fact, they only signed the Statement of Work
City Clerk for Service Elite for one of the agreements. Please resend the enclosed agreements to
IBM for execution.
Upon completion, please return both originals to my attention. I will then finalize
processing of the agreements and return an executed, original agreement and a copy of
the approving resolution to you.
Thank you.
Very truly yours,
c im. I- U)CL�
Priscilla Walker, CMC
Deputy City Clerk
Enclosures
cc: A. John Szerlag City Manager (w /o attachments)
Hans Ottinot, City Attorney (w /o attachments)
Derrick Arias, Information Technology Director (w /o attachments)
Shaun Gelvez, Contracts Administrator (w /o attachments)
Office of the City Clerk (305) 792 -1703 Phone (305) 949-3113 Fax
IBM Maintenance Agrmt For Sig Trans Ltr 2
City Commission July 28, 2006
Norman S. Edelcup
Mayor
Roslyn Brezin
Vice Mayor
Brooke Liccardi
Gerry Goodman
Commissioner Midrange Support & Service, Inc.
Danny Iglesias 1122 East Atlantic Avenue, Suite C
Commissioner Delray Beach, Florida 33483
Lewis J. Thaler
Commissioner Re: Computer Maintenance Services Agreement with IBM
ly y9) O \O, 'o-
0
�c�rV of SUN P�
A. John Szerlag
Dear Ms. Liccardi:
City Manager
Hans Ottinot
At its regular meeting of March 16, 2006, the City Commission adopted Resolution No.
City Attorney
2006 -905, which approved a Computer Maintenance Services Agreement with IBM.
Jane Hines
rk
City Clerk
3
Enclosed are the three original a agreements for execution b
( ) g y ou and two witnesses. y
Upon completion, please return both originals to my attention. We will then finalize
processing of the agreements and return an original, executed agreement and a copy of
the approving resolution to you.
Thank you.
Very truly yours,
Priscilla Walker, CMC
Deputy City Clerk
Enclosures
cc: A. John Szerlag City Manager (w /o attachments)
Hans Ottinot, City Attorney (w /o attachments)
Derrick Arias, Information Technology Director (w /o attachments)
Shaun Gelvez, Contracts Administrator (w /o attachments)
Office of the City Clerk (305) 792 -1703 Phone (305) 949-3113 Fax
IBM Maintenance Agrmt For Sig Trans Ltr
SJplNY tS4
City of Sunny Isles Beach
Ir
° F
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
V 2
)�
(305) 947 -0606 City Hall
'.
991„
(305) 949-3113 Fax
Ile
FL0TO SAP
(305) 947 -2150 Building Department
C,rr OF suN P'o
(305) 947 -5107 Fax
MEMORANDUM
TO: Derrick Arias, Information Technology Director P FROM: Priscilla Walker, Deputy City Clerk
1" "C ��L
DATE: March 22, 2006
RE: Computer Maintenance Services Agreement with IBM
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
At its regular meeting of March 16, 2006, the City Commission adopted Resolution No. 2006-
905, which approved a Computer Maintenance Services Agreement with IBM, in substantially
the same form as the agreement submitted. Attached is a copy of the resolution and the model
agreement to assist you in processing this item.
Please obtain a final agreement from the vendor, and forward it to me for further
processing.
Thank you.
:pw
Attachments
cc: A. John Szerlag, City Manager (memo only)
Hans Ottinot, City Attorney (memo only)
Jorge L. Vera, Assistant City Manager (memo only)
Jean Watson, Finance Director
Ibm Mtnc Svcs Agrmt Reso Trans Memo
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