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HomeMy WebLinkAboutReso 2007-1114 RESOLUTION NO. 2007- ill A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE RENEWAL OF A COMPUTER MAINTENANCE SERVICES AGREEMENT WITH INTERNATIONAL BUSINESS MACHINES (IBM) CORPORATION, IN THE AMOUNT OF TWELVE THOUSAND SEVEN HUNDRED NINETY-FOUR DOLLARS AND SIXTY CENTS ($12,794.60), ATTACHED HERETO AS EXHIBIT "A"j 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, via Resolution No, 2002-504 the City purchased LOGOS/400 software from New World and an IBM iSERIES seryer 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 the City Commission approved, via Resolution No, 2006-905, a computer maintenance services agreement with IBM, whieh will expire on July 24, 2007; and WHEREAS, the City is in need of computer maintenance services for the IBM server and wishes to renew its agreement with International Business Machines Corporation (IBM), in the amount of Twelve Thousand Seven Hundred Ninety-Four Dollars and Sixty Cents ($12,794,60) 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 I, Approval of Agreement. A Computer Maintenance Services Agreement with International Business Machines (IBM) Corporation, in the amount of Twelve Thousand Seven Hundred Ninety-Four Dollars and Sixty Cents ($12,794,60), attached hereto as Exhibit "A", is hereby approved, Section 2, Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Seetion 3, Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Agreement. Section 4, Effective Date. This Resolution will become effective upon adoption, R2007.IBM Computer Maintenance Svcs Agmt.Doc Page I of2 PASSED AND ADOPTED this 21st day of June 2007, ATTEST: ~,~~ Jane A, Hines, CMC, City Clerk Vote: ~-o Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias R2Q07-lBM Computer Maintenance Svcs Agmt.Doc ,/ Moved by: C))VYWY~,lM.~rt.M T{"LZS:i/tS' Seconded by: YIU vY\~b( W~<(;R V (Yes) V (Yes) t:::"(Yes) L7'(Yes) L(Yes) _(No) _(No) _(No) _(No) _(No) Page 2 of2 1:: .. " ~ ...."" '0 ~ ~ 00_ t:,Ul '5 ~ 00", '" NN- '" ~.c: ()- '" if5~ro " ",- '" '" NN'" a. ~~'" ~ ;:::t::::>- l- ~.::: t: '" Q) '" 000 '" 0 " <( c: :s~a '" ;; "'~ c: on 0 ~ ,S'iij - "' '" 't: ;; ,,<::<:: <D '" ltl "'0'" '" '7 0- 0 ",,,E E 0 ~ 't: a.. 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S C/l :r: ;;; :l: u e c 8 .Q ,; " ~ 8' OJ ~ '~ ~ ~ ~ en c _ ~{l " ~ro ~ :C~Q)(l) :6::ii:~ ~ ~ Q:! 0>:U :2cg.e; ~gB() 0'0'- 6 QlQ)C::,j gg~~ ro fIl.?;-2 c:c: c: tIl 22(llE .~s ~ Vi ~~s:cf 9 ;;; N .... ,;, N N "' o o ~ ~ .... z ;;' :2 n ;::-NMOO ---- ---- - - --- --- = :-:. ='='= =='= ':' = Statement of Work for ServiceElite Both of us agree to add the following Services as part of our ServiceElite 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"). JBM provides notification 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 thai it provides to you for your specific environment. Your Responsibilities If you do not currently have an IBM Registration 10, you agree 10 obtain one at httos:llwww.ibm.com/accounUorofile/us?oaae=rea. The IBM Registration 10 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. As used in this Statement of Work, "you" and "your" refer to the Enterpnse Identified bel()w . . . . . . . . ...................., Agreed 10 rr; /, Agreed 10:-:-:-:-:-:':-:-:-:- III F 5 NNY ISLEo/r '-1" Internall,~1i:~~~~ ~~:i'W~'= ,lion ICY'I"I?,! ,,< By ','...........'...' = I:) :::::::..::.:.:.:.:,').~th;\m,Z' Iture ..................... Name (type or print): This 1) Statement of Work, 2) its applicable Transaction Documents (e,g., Attachments, Schedules, and Change Authorizations), and 3) the IBM Customer Agreement (or an equivalent agreement in effect between us) identified below comprise the complete agreement regarding the Services described in this Statement of Work and its applicable Transaction Documents and replace any prior oral or written communications between Customer and IBM. In entering into this Statement of Work, neither party is relying on any representation that is not specified in the Statement of Work or the documents specified in the preceding sentence, including without limitation any representations concerning: 1) estimated completion dates, hours, or fees 10 provide any Service; 2) the experiences or recommendations of other parties; or 3) results or savings Customer 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, 9lectronically. .............:.:..... ::.~~ir>:::::: ...... ..... '." . " ...... . ...... ............ . ........ ........., ...~~......'.:........' , ...................., .... . Date: Enterprise Number; 00722462 Reference Agreement number: SSP4402 Reference Allachment number: MAS27BT Enterprise address: 17070 COlLINS AVE STE 250 SUNNY IS BCH FL 33160,3635 IBM Address: FORM QENCY Enterprise telephone number: Enterprise billing Address: ,k-rrE.ST~ . ~QI)\t A-'~ ,cd'!' CI."ci~.K ' IBM CORPORATION 7100 HIGHLAND PARKWAY SMYRNA. GA 30082 AVNETINCAVNETINC A P TT400 09263 2021 LAKESIDE BLVD RICHARDSON TX 75082,4301 o , CITY ATIORNEY 2125,7228,052/2007 (MK076)) conlract A451HS'(piepared 05/01/0716:55 AVMMORG) Page 1 of 1 ---- ---- - - - -- --- - - --- - - - --- ----- ---'- Statement of Work for ServiceElite 80th of us agree /0 add the following Services as part of our Service Elite contract. iSeries Software Services Alert provides automatic weekly notification of the following for selected JBM 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 notification via your choice of available delivery methods. IBM ResponsJbilities IBM will provide you Alert notifications regarding each of your specified iSeries systems based on the parameters you choose when seUing up this Service. If you implement IBM Service Agent, IBM wilt lailor the maintenance in/ormaUon that It provides to you for your specific environment. Your Responsibilities If you do not currently have an JBM Registration ro, you agree to obtaIn one at hllos'II......-v"w,ibm com/accounVorofile/us?oaoe:::reQ The IBM Registration 10 must be used to 1) access the Alert Web site, 2) set up your preferences for Alert notifications, and 3) indicate which type of nOlifjca(ions you choose 10 receive. Each of us agrees Ihat the complete agreement between us about these Services consists of 1) this Statement of Work and ils Change Authorizations and Schedules, 2) the referenced Attachment, 3) supplementallerms 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 nol relying upon any representation made by or on behalf of IBM that is nol fully and expressly set oul in the documents specified above, such as the results of any Services. By signing below, both of us agree 10 the terms of this Statement of Work without modification. As used in this Statement of Work, "you" and "your" refer 10 the Customer Company identified below. Agreed to: CITY OF SUNN Customer Number: o...~ <. L IJUQ.,l\ss+. Ci~ ""3" ., 1::2. S'I~ Ie> 00722462 Agreed to: ~n:.rnalion.(5;achinefzo~rallon C),-I:;,ulho"zed slgnalure Name (type or pni1t1 y ~ .""".,/",';' I,. Dale I ( Il 11 u (, Reference Agreement number; SSP4402 Reference Allachmenl number: MAS27BT By, Date: .u.<+ '1 ;vf, Cuslomer address: lTBfD 68LLlI~6 ,oN( \ 'l 0" 0 ""31E: 1.16 SUNNY IS BCH FL 33160,3635 c.., \\.'\S t\,,~t.. j.,V 1(,.~f(J, Statement of Work number: AS27BT Cuslomer lelephone number: l '3oS) q ~'\ -04 Olp Customer billing Address; IBM Address: IBM CORPORATION APPRO ED AS TO FORMy 4111 NORTHSIDE PARKWAY ND L G ';UFFi,CENC A TLANT A, GA 30327 A . OT, CiTY ATTOR , AVNETINCAVNETINC A P TT 400 09263 2021 LAKESIDE BLVD RICHARDSON TX 75082,4301 Z125,7228,02 4/2006 (MK076)) contract AS27BT (prepared 07/21/06 10:32 AVJMAR~ Page 1 of 1 S\B ---- ---- .. .. - -- --- .. - --.. .. .. - --- ----- ---'- Master Services Attachment for Service Elite 1. Scope of Services IBM will provide you Services as described in this Attachment and. if applicable, its Statements of Work and Change AUlhorizations 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 Allachment and any associated Statements of Work and Change Authorizations. Each Schedule wilt 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 AlIachment 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. 2. 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 direclty 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 Allachment and its associated Stalements of Work and Change Authorizations (and their Schedules). Whenever IBM is required to provide notification 10 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 10 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 10 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 aboul these Services consists of 1) Ihis Atlachment and its associated Statements of Work and Change Authorizations, 2) Schedules to this Allachment and its associated Slalemenls of Work and Change Authorizalions, 3) supplemental terms referenced in this Attachment and its associated Stalemenls of Work and Change Authorizations, and 4) the IBM Customer Agreement (or any equivalent agreemenl in effect between us) identified below. Accordingly, in entering into this Attachment you acknowledge that you are not relying upon any representation made by or on behalf of IBM thaI is not fully and expressly sel oul in the documents specified above, such as Ihe results of any Services. By signing below for our respective Enterprises, bolh of us agree to the terms of this Allachment without modification. As used In this Attachment, "you" and "your" refer to Ihe Enterprise identified below. Agreed to; CITY OF SUNNY o~ \....\).u~, As.!o.f.. ~~ M'jr. "\~S'\Ol,> Agreed to: International Business Machines Corporation By ~ AN- ( Authorized Signature Name (type or pnn-t) Y t ......'IV't.i ,'i / III 1/ , i, Allachmentnumber:MAS27BT APPROVED AS TO FORM Agreemen' number: SSP4402 A L_GUFFlCENCY IBM address: ~ , / (JA'1 ,,,t, By Name {type or prin Date: Date: Enterprise number: 08638906 Enterprise address: !fOra C6LLH4S "'\'Eo \ 'l.O'lo c.o\\;'\S AVt..rwL ~ :15 BCH FL 33160,3635 1(,*/'1( IBM CORPORATION 4111 NoRTHSIDE PARKWAY A TLANT A, GA 30327 INOT, CITY ATTORNJ Z125,7227,02 4/2006 (MK076) conlracl AS27BT (prepared 07121/0610:31 AVJMART) Page 1 of 5 S \ \ 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 oul in this Attachment or an associated Statement of Work or Change Authorization. For basic maintenance of IBM Machines, the Service description is set oul in our Agreement (referenced in the signature block above). 4. Your Responsibilities When you contract for an applicable Service, you agree: 1. 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 10 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 Unil (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 10 its provision of the Services to you and 10 notify IBM of any changes; 5. to allow International Business Machines Corporation and its subsidiaries to store and use your business contacl information, including names, busIness phone numbers, and business e-mail addresses, anywhere they do business. Such information will be processed and used In conneclion 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 relalionship; 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 Ihese Services only for the support of the information processing requirements ~ithin your Enterprise. 5. Automatic Inventory Increase for Machine and Software Maintenance Service If specified as a selected option in the Schedule, IBM will aulomatically increase the inventory count and associated maintenance Services at Specified Locations per the terms set oul below. OPTION #1 . MACHINE MAINTENANCE SERVICES IBM will automatically increase the inventory counl and associated Machine maintenance Services whenever; 1. an Ellgible rBM Machine is added to the inventory. If the Machine is under warranty when added. maintenance Services will commence al warranty exil. 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 slart of the transaction contract period. IBM Machines specifically excluded from coverage at transaction contract periOd start will remain outside the scope of Ihis 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 invenlory count and receive maintenance Services as set out in this Section. 2. an Eligible non-IBM Machine, of Ihe same type as other non-IBM Machines already covered at thai Specified location, is added 10 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 dale of installation or b) the previous yearly anniversary of Ihe start of the transaction contract period. The maintenance Services thai apply for these Machines will be the same as thai 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 aclual installation and will be covered al the same Warranty Service Upgrade support level. If at any time either ot 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 A/X OPERATING SYSTEMS, 05/400, ;5/05, 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, lhen software maintenance Services via Service Elite 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 af the same type at the Specified Location. If at any time eilher of us requests a review of the inventory counl, each of us will provide reasonable cooperation to the other in updating the last formal inventory. Z12S,7227,02 4/2006 (MK076) conlract AS27BT (prepared 07/21/0610:31 AVJMART) Page20f5 S." . D \, ! IJ 6. Charges and Payment For sales throuah IBM. your charges are calculated laking into account your Service selections, price protection option, payment option, and for prepayments, length of the prepay penod. You agree to pay by electronic funds transfer 10 an account provided by rBM 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 ONL Y IBM may revise charges. However, any rate increase wjll nollake effect untillhe next yearly anniversary of the slart of the transaction contract period. Allhe start of each transaction contract year, you will be invoiced allhe charge rales thai are then in effect and thaI invoice will serve as your notice of charge rate changes. All newly added Eligible Products and Services, as well as changes to existing Eligible Producl configurations and Services, will assume the charge rale 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. AU 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 Ihe transaction contract period will be added at the charge rate that applied on their initial availability dale. 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 10 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 thai applied for these at transaction contract period slart with adjustment for the reduced prepay period. Eligible Products and Services that become generally available during the transaction contract period will be added subject 10 the charge rate that applied on Iheir initial availability date with adjustment for the reduced prepay period. If you elect to have Ihese charge terms apply for charges during any renewal transaction contract period (as recalculaled at the slart of each renewal period), you must provide IBM wrinen notification (at leasl one month prior to the start of the renewal period) and prepayment for Ihe en lire renewal period. Otherwise, charges for the renewal period will revert to a quarterly billing cycle under Ihe 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 lasl accounting; or 2. a Specified location, Eligible Machine Iype, or Service is added, deleted, or changed. For aU Service charges based on usage, upon J8M's request you will immediately provide IBM with the actual meter reading recording the actual usage. For sales throuah IBM Business Partners. your IBM Business Partner sels 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 ils 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 direclly 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 nol incur these expenses without your prior approval. 7. Renewal and Termination IBM will automatically renew Services unless au or our IBM Business Partner request otherwis For each transaction the Schedule will specify the num ar 0 year I e enewa ontracl Perio en v er IS greater than 0, IBM will renew the applicable Services atlhe end of the transaclion contract period for Ihe number of years specified. Thereafter, IBM will automatically renew the Services for same lenglh periods unless you or your IBM Business Parlner 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 wrillen notification (alleast one month prior to the end of the current transaction contract period) 10 the others of its decision nollo renew. Nonrenewal notification senllo 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 oplion. 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 lerminate Services for an Eligible Product, on no lice 10 IBM, if you permanently remove it from produclive use within your Enterprise. You may also lerminate Services by providing rBM one month's written notice, after the Services have been under contract for al 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. MUL Tl-YEAR TRANSACTION CONTRACT PERIOD Z125-7227,02 4/2006 (MK076) contract AS27BT (prepared 07121/0610-31 AVJMART) P 3 15 (,:' \ D age 0 '~..I L_~ You have com milled to continue Services for the entire transaction contracl period. However, you may terminale Services for an Eligible Product, on nolice to tBM, if you permanently remove it from productive use within your Enterprise. Otherwise, rf you choose to terminate Services and these are not being replaced by equivalent Services, you may do so by providing IBM one monfh's written nolice. after the Services have been under contract for atleasl one year, and paying an adjustmenllee equal to _(UOL 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 Ihe upgrade in type of Service during the warranly 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 Non-IBM Machines IBM will provide Service for Machines, as described in our Agreemenl, for those Eligible non-IBM Machines specified in Ihe Schedule. Unless specified olherwise in the Schedule, Service is provided only for the manufacturer's base configuration for each covered Machine model. You are responsible for following the manufacturer's and rBM's provided guidelines pertaining to operator responsibilities, maintenance procedures, and supplies prior to placing a Service request. Repair of non~18M Machines is subject to the availabilily of repair parts and any technical support required of the original manufacturer. Repair parts will be functionally equivalent to Ihose 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 Ihese are available, but there may be an additional charge for these parts. IBM's support does nol cover: 1. Machine inslallation, engineering change activity, or preventive maintenance; 2. correction of date related errors. IBM will make the final delermination of whether a date related error is the source of the problem; 3. service or microcode or firmware; 4. service of features, parts, or devices not supplied by either a) Ihe Machine's original manufacturer or b) IBM during the performance of this Service; 5. service for accessories, supply ilems, 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 nalice, IBM may lerminate coverage lor an Eligible non-rBM Machine due 10 lack of available repair parts or lack of original manufacturer lechnical 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 Ihe start of Service. If the Machine is nol in an acceptable condition for Service, IBM will notify you and terminate coverage. You agree to provide IBM one month's wrillen nolice prior to terminating coverage for a Machine being permanently removed from productive use within your Enterprise. IBM Software Maintenance for OS/400, i5/0S and Selected Products IBM will provide software mainlenance 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 currenl 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 duralion installation and usage (how-Io) questions and b) code defect related queslions. 3. IBM provides assislance 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 Ihe local time zone where you receive this Service, Monday through Friday, excluding national holidays). This assistance is nol 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 htlo:/llechsuDDort.services.ibm com/ciuides/handbook.hlml 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 olher 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 lime objective is within two hours of the start of normal business hours on Ihe next business day. IBM's initial response (either voice or electronic) may result in resolulion of your problem or if will form the basis far determining what additional actions may be required \0 achieve lechnical resolulion of your problem. IBM is nol responsible for delays in electronic response delivery caused by syslems and network problems Z125-7227,02 4/2006 (MK076) contract AS27BT (prepared 07/21/0610:31 AVJMART) Page 4 of 5 S I E 4. In Some instances, IBM may request that you allow it to remolel~' access your system to assist you in isolating the software problem cause. You will remain responsible for adequately protecling your system and all data contained therein whenever we remotely access it with your permission. 5 This Service does not include assislance 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 hlto:llwww.ibm.com/services/sl/swrnl 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 suppon period or b) terminaled 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 (0 you the most curren I commercially available version. release or update to all of the Programs for which you acquire suppor1 under this Service. should any be made available. 2. IBM provides you wilh assistance for your a) routine, short duration installation and usage (how-to) questions and b} code defecl related questions. 3. IBM provides assistance via telephone and, if available, electronic access, only 10 your information systems (IS) technical support personnel during normal business hours (normal business hours are 8 a.m. 10 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 Ihe IBM Software Support Guide, which may be found at htlo'l'techsuDoort services ibm.com/auides/handbook.html for details. A 24x7 (every day of lhe year) all severity option Is available at extra charge: During normal business hours, 18M's response time objective is two hours for volca and electronic problem submissions. For voice problem submissions during other than normal business hours. IBM's response lime objective for critical problems (Severity 1) is two hours and if you select the 24x7 aU severity oplion, four hours for non-critical problems. For electronic problem submissions during other than normal business hours. 18M's response time objective is within two hours of the start of normal business hours on the next business day. 18M'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 10 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 aU data contained Iherein 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 nol responsible under this Service. Eligible Programs: Licensed programs for which this Service is available are listed at htlo:llwww.ibm.com/services/sllswml 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 10 the end of the then curren I suppon period or b) terminated this Service. The new support period in such an instance begins on the date that IBM accepts your order. Z125-7227,02 4/2006 (MK076) contract AS27BT (prepared 07/21/0610:31 AVJMART) Page 5 of 5 C. \ r~ \,) j L.. ':1 0 z '" n )> OO~~)> ~,. n z .~~~~ '" .. '" ~ <0 Ii:r .. '" c - .. 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ClOWN-' ;.; ---- .. co ~ ~ un m-lO-lOOO .. '" m2:=?2:??? " " ,<tflOO"'U>UlU> C. W f ~ ru 00':< -',z -. -. _. C/l .:rilil C'Il1;) Iii iiib<D" <111;;0 ;;0:;:0;;0 11111111 fH CTlO(t)0 llIllIllI ~~~ ~-g"g~ 1/:11:11 CD l'Il _. CD _. _._. i;) . 3"2::!..'U::!. ~:::!.. 0 J g=-.~~.~~~ 0 'com 111111/1 <.n ;si'l: ~~g.~g.ng. "11 mE a..<~<~~~ 1111111 ~f~ !!on'''' -,.6.6", I <'<<I CD S I'll C'Il C'Il 'ii ~~ ~ S'g'S"g>g>g> en I !i [o.~ll~~~ a -, a -, - - il ~tl.~tl.R.a~ n f f .. ::r tr~......1ll :!:"-J:!: (fJ III a.~ 0 0.0 CD I _UlQl ,&.GI::l f p'8~'lAg. C. QI ~'< III '< c I ~ ~ lG 5' ~ ;f - 8-CTl g.g g CD ......~.....~~1O ~ Ii,,,,a,,.,,,,,. 0' i <'~<''''T1~''Tl f III :r CD 5::r::l. ~ ii!.~ ii!. c. ~ 5.~ a.~ .., it _~_ en J Vi'';,< c;r~':C ~ f & N::Hl n. CD :r0 c c: ;g;~ ~ < 8 I 10::1010 10 C:llIC:r :r " QllnCllQ, Q. -. '" J ~'8 ~ -, Ii n '" 3.::Jahr QI CD l'l RI~CD-.c:: '< i\!; ~ ftl~ $ m '" ~ '" '" - ... ~ ~ '" Ii, 3 3 -. ... (; - s ~ (; CD <.n ~ .. ~ '0 )> " ,3 ., Ii .. , n ". ~ 0 0 ~ .c ~ ~ 0- . C r::: . ~ . 5' -. '8 . .., .. , . CD 0 . c. W ~ ~ c. '" ~ " ~ .' - !l .., l: <' 0 > . )J 3 .:::! D) ::s - OJ 3: OJ r::: UI -. ::l CD III UI "'D D) ;+ ::s CD .., "0 "' '2 .. !l. .. TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax 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 MEMORANDUM Derrick Arias, Information Technology Director Priscilla Walker, CMC, Deputy City Cler~~W~ June 27, 2007 Approval of Renewal of IBM Computer Maintenance Services Agreement At its regular meeting of April 19, 2007, the City Commission adopted Resolution No. 2007- 1114, which approved the renewal of the IBM Computer Maintenance Services Agreement. Attached is a copy of the approving legislation to assist you in processing this item with the vendor. Upon execution bv the vendor. please forward an orbdnal. executed ae:reement to the Office of the Citv Clerk and the Finance Department for the record. Thank you. /pw cc: Anice Paul, Administrative Assistant to Finance Department Shaun S. Gelvez, Contracts Coordinator Ibm Maintenance Svcs Agrmt Renewal Reso Memo TO: VIA: FROM: DA TE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC City Clerk MEMORANDUM T~e Honorable City Commission A. John Szerlag, City Manager Doug Haag, Assistant City Manager, Finance Division Derrick Arias, IT Director June 21,2007 IBM Computer Maintenance Services Agreement RECOMMENDATION: It is recommended that the City Commission adopt the attached resolution approving the renewal of computer maintenance services with IBM. REASONS: This agreement provides for software updates from IBM, which are unavailable from any other source. Should the City not have a maintenance agreement in place, we would be required to purchase a full software upgrade if any updates were necessary. Generally, application updates (from New World Systems for the finance software) would be tied to requirements for more current versions of the operating system, and the City would eventually be forced to upgrade in order to stay current with the finance software. In addition, the City staff are not trained/certified on the IBM iSeries platform. If any hardware failures were to occur, downtime would be significantly greater without this agreement in place. The iSeries platform is not a commodity system such as personal computers; replacement parts are generally only available from IBM with few exceptions. ADDITIONAL INFORMATION: To be completed by Department Head To be completed by City Clerk's Office Funding amilabk: i\ ppro\'al: Agenda Item No.: Finance Department City !\Ianager Commission Meeting Date: R2007- Computer Mamtenance S\'cs Agmt WIth IBM \'2 (2).Doc In December 2002, via Resolution No. 2002-504, the City Commission approved the purchase of an IBM iSERIES 270 SERVER. When the initial maintenance agreement expired, the City Commission approved via Resolution No. 2006-905 a computer maintenance services agreement with IBM, which will expire on July 24, 2007. This server currently hosts the City's Finance and Building Department software. Funding for this agreement is budgeted in account 10-559.5467.