HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-264Temp Reso. # 9499 - September 10, 2001
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-264
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE.
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF TAMARAC AND
AVNET COMPUTER MARKETING FOR IBM AS400 9406-270
HARDWARE MAINTENANCE AT A TOTAL COST OF
$8,526.69; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission approved the acquisition of a new IBM AS400
9406-270 system to be utilized for disaster recovery, training and testing on November 22,
2000; and
WHEREAS, the warranty on this system ends December 4, 2001; and
WHEREAS, the five (5) years extended maintenance service cost for the IBM 9406-
27E is discounted by 23% and can be cancelled by a one (1) month notice after the first
year of coverage without any penalties; and
WHEREAS; it is the recommendation of the Director of Information Technology to
execute a five (5) year extended maintenance agreement for the IBM 9406-270 system
and external modem as stated in the attachments attached hereto as Exhibit 1; and
WHEREAS, the funding for this maintenance agreement is available in the FY02 IT
budget; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to execute the
maintenance agreement and all of its attachments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
Section 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
Section 2: The appropriate City Officials ARE HEREBY AUTHORIZED to
execute a hardware maintenance agreement with Avnet Computer Marketing at a total cost
of $8,526,69.
Section 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Temp Reso. # 9499 - September 10, 2001
Page 2
Section 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution_
Section 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED, AND APPROVED this 26`' day of September, 2001.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form_
CITY ATTORNEY
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER _Axel
DIST 1: COMM. PORTNER_A-yel
DIST 2: COMM. MISHKIN Aye.
DIST 3: V/M SULTANOF A e'
DIST 4: COMM. ROBERTS_A-ye!_
Exhibit 1
Statement of Work for Services Ac uired from an IBM Business Partner
ServiceSuite
1. Scope of Services
We will provide to you the Services described in this Statement of Work for the Machines we
specify (called "Eligible Machines"). We will identify the Eligible Machines, and the Services that
apply to them, in a Schedule to this Statement of Work. The Schedule will also identify the
Specified Locations at which the Services will be provided. A Specified Location may be your
entire information processing environment, or a portion thereof, which may be resident at
multiple sites or a single building.
These Services are available for Machines normally used for business, professional, or trade
purposes, rather than personal, family, or household purposes.
2. Contract Period
Start Date: 10/01/2001 End Date: 09/30/2006
Eligible Machines, Specified Locations, or new Services added to this Statement of Work
following its Start Date will assume the remaining portion of the existing contract period.
Renewal Contract Period (years):5
We will renew the Services that apply for each Specified Location on the Contract Period End
Date for the number of years (called the "Renewal Contract Period") specified above.
Thereafter, we will automatically renew for the same length periods unless you notify us and your
IBM Business Partner in advance of your desire to change the length of the renewal. Either of us
can select not to renew by providing written notification (at least one month prior to the end of
Each of us agrees that the complete agreement between us about this transaction consists of 1) this Statement of Work and its
Schedules, 2) supplemental terms referenced herein, and 3) the IBM agreement for Services Acquired from an IBM Business Partner (or
any equivalent agreement in effect between us) identified below.
Agreed to: (Customer Name)
City of Tamarac �/
By 4. %)74L/
Authorized signature
Name (type or print): /-- . r"V i t-4Ca_
Date: /6 - l „7-0G (
Customer Company address:
Atention: Glenda Christian
7525 NW 88th Ave
Tamarac, FL 33321
Telephone number:
Billing address:
Avnet Computer Marketing
Attention: Renee Simmons
6650 N Loop 1604 E
San Antonio, TX 78247
Agreed to:
International Business Machines Corporation
By
Authorized signature
Name (type or print):
Date:
Statement of Work number:
Agreement number:
IBM ServicesAssistant number: G2105MCP
Customer number:
IBM address:
IBM Business Partner Support Operations
Attention: Linda Handle
4111 Northside Parkway
Atlanta, GA 30327
After signing, please return a copy of this Statement of Work to the 'IBM address" shown above.
Z125-5766-07 7/2001 (MK076) 08/16/2001 Page 1
Exhibit 1
the current contract period) to the other and to your IBM Business Partner of their decision not to
renew.
3. Your Responsibilities
You agree:
1. to provide your IBM Business Partner with an inventory in which you identify all Eligible
Machines to be covered at each Specified Location. All Eligible Machines of the same type
at a Specified Location must be included in the coverage. You also agree to identify all
Eligible Machines for which we are to provide warranty service;
2. to notify your IBM Business Partner whenever you wish to add Eligible Machine types to an
existing Specified Location or set up new Specified Locations;
3. to ensure that any access codes we provide to you are used only by those who are
authorized to do so;
4. to provide your IBM Business Partner with information we request which is related to our
provision of these Services to you and notify your IBM Business Partner of any changes;
5. to allow IBM and entities within its Enterprise to store and use your contact information,
including names, phone numbers, and 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, Business Partners, and assignees of IBM and entities within its
Enterprise for uses consistent with their collective business activities, including
communication with you (for example, for processing orders, for promotions, and for market
research);
6. to use any electronic diagnostic and service delivery facilities we provide to you only in
support of Eligible Machines identified in the Schedule to this Statement of Work;
7. that electronic access to our support centers and certain databases may require a separate
network services agreement;"
8. to pay any communications charges associated with accessing these Services unless we
specify otherwise;
9. to use the information obtained under these Services only for the support of the information
processing requirements within your Enterprise; and
10.that your acceptance of any software Services does not alter your responsibilities for
Distributed System License Option licenses.
Whenever both of us agree to store repair parts at your Specified Location, you also agree:
1. to provide secure storage space for all parts stored at your Specified Location;
2. to provide IBM service technicians access to the secure storage space for storage of and
access to the parts; and
3. that while in storage,
a. you are responsible for all loss or damage to the parts,
b. you will be separately charged for any parts that we find to be missing, used, or
damaged, and
c. parts remain the property of IBM and will be made available for return to IBM upon our
request.
4. Mutual Responsibilities
If at any time either of us requests a review of the inventory count, each of us will cooperate in
updating the last formal inventory.
5. Services Program License
The following terms apply to each Program we provide with a Service that is not otherwise
accompanied by a license agreement.
Z125-5766-07 7/2001 (MK076) 08/16/2001 Page 2
Exhibit 1
We grant you a nonexclusive license to use the Program on the Eligible Machine we designate
to assist us in problem determination or other system support in conjunction with these Services.
If we do not supply a backup copy, you may make one copy of the Program for backup purposes
provided you reproduce the copyright notice and any other legend of ownership on the copy. The
backup copy is subject to the same terms as the original. You may not 1) modify the Program's
04 machine readable instructions or data or merge them into another Program, 2) reverse
assemble, reverse compile, or otherwise translate the Program, 3) sublicense, assign, or transfer
the license for the Program, or 4) distribute the Program to any third party. We provide the
Program WITHOUT WARRANTIES OF ANY KIND.
Your license terminates when 1) the Service terminates, is withdrawn or expires and is not
renewed, 2) the Program is no longer needed to perform the Service, or 3) the Eligible Machine
which we designated for the Program is removed from productive use within your Enterprise.
We may terminate your license if you fail to comply with these terms.
Upon termination, you agree to destroy the Program and any backup copy you were given or
made.
6. Automatic Inventory Increases
We will automatically increase the inventory count at a Specified Location whenever:
an Eligible IBM Machine is added to the inventory. If the Machine is under warranty when
added, maintenance Services will commence at warranty exit. If the Machine is not under
warranty when added, maintenance Services will commence at the later of a) the date of
installation or b) the previous yearly anniversary of the start of the contract period. IBM
Machines specifically excluded from coverage at contract period start will remain outside the
scope of this Statement of Work unless you request we add them during the contract period.
However, all Eligible IBM Machines added to your inventory during the contract period will be
included in the inventory count and receive maintenance Services as set out in this Section;
or
an Eligible non -IBM Machine, of the same type as other non -IBM Machines already covered
at that Specified Location, is added to the inventory. If the Machine is under warranty when
added, maintenance Services will commence at warranty exit. If the Machine is not under
warranty when added, maintenance Services will commence at the later of a) the date of
installation or b) the previous yearly anniversary of the start of the contract period.
The maintenance Services that apply for these Machines will be the same as that which you are
receiving for all other Eligible Machines of the same type.
Newly installed IBM Machines of the same type for which you have already selected Warranty
Service Upgrade will be added at date of actual installation and will be covered at the same
Warranty Service Upgrade support level.
7. Charges and Payment
Your IBM Business Partner sets the charges and terms governing charges. Your IBM Business
Partner may impose an additional charge for some actions, e.g., termination, or for our provision
of some additional services, e.g., Service upgrades, additional Systems Administrators,
additional reports, or support for other Products. These actions or additional services are
identified in this Statement of Work with an asterisk ("*"). Where you see an asterisk, check with
your IBM Business Partner to determine if you will incur an additional charge. You will make
payment directly to your IBM Business Partner.
Z125-5766-07 7/2001 (MK076) 08/16/2001 Page 3
Exhibit 1
8. Termination
You have committed to continue Services for the entire contract period. However, you may
terminate Services for an Eligible Machine, on notice to us (copy to your IBM Business Partner),
if you permanently remove it from productive use within your Enterprise. Otherwise, if you
choose to terminate Services and these are not being replaced by equivalent Services, you may
do so by providing us one month's written notice (copy to your IBM Business Partner), after the
Services have been covered under this Statement of Work for at least one year.*
9. Satisfaction Guarantee
If, for any reason, you are not completely satisfied with a Service we provide to you under this
Statement of Work, notify us in writing within one month of the time you first become
dissatisfied. We will try to resolve the problem to your satisfaction. If we are unable to do so, you
will receive a credit equal to the prorated charge for the Service for the period of time you were
dissatisfied.
10. ServiceSuite Base Service Package
** MAINTENANCE SERVICES
Maintenance of IBM Machines
We will provide Service for Machines, as described in our Agreement, for those Eligible IBM
Machines specified in the Schedule.
Z125.5766-07 7/2001 (MK076) 08/16/2001 Page
Exhibit 1
IBM Agreement for Services Acquired from an IBM Business Partner
Thank you for your business. We strive to provide you with high quality Services. If, at any time, you have any questions or problems, or
are not completely satisfied, please let us know. Our goal is to do our best for you.
IBM ("we") has signed agreements with certain organizations (called 'IBM Business Partners") to promote, market, and support certain
Services. Some IBM Business Partners also fulfill these functions through other remarketers who are not IBM Business Partners.
However, for purposes of brevity in this Agreement, when we use the term IBM Business Partner we mean IBM Business Partners and
their remarketers. When the Customer ("you") orders our Services under this Agreement from an IBM Business Partner, we are
responsible for providing the Services to you under the warranties and other terms of this Agreement. We are not responsible for 1) the
actions of IBM Business Partners, 2) any additional obligations they have to you, or 3) any products or services that they supply to you
under their agreements. IBM Business Partners establish the price and terms at which they market IBM Services. In the event that your
IBM Business Partner is no longer able to offer our Services, for any reason, we will so notify you in writing. You may continue to receive
our Services by instructing us to transfer administration of your Service to either (1) another IBM Business Partner of your choice (who
may require you to first execute one of their agreements) who is approved to offer you our Services, or (2) us and signing a separate IBM
agreement for services.
This IBM Agreement for Services Acquired from an IBM Business Partner (called the "Agreement") governs the Services you acquire
from an IBM Business Partner and we perform.
Part 1 - General
1.1 Definitions
Enterprise is any legal entity (such as a corporation) and the
subsidiaries it owns by more than 50 percent. An Enterprise
also includes other entities which are mutually agreed -to in
Writing.
Machine is a machine, its features, conversions, upgrades,
elements, or accessories, or any combination of them. The
term "Machine" includes an IBM Machine and any non -IBM
Machine (including other equipment) for which we may provide
maintenance Services.
Materials are literary works or other works of authorship (such
as programs, program listings, programming tools,
documentation, reports, drawings, and similar works) that we
may deliver to you as part of a Service. The term "Materials"
does not include licensed program products available under
their own license agreement.
Service is performance of a task, provision of advice and
counsel, assistance, or access to a resource (such as access
to an information data base) we make available to you.
PAGES 2 THROUGH 4 ARE ALSO PART OF THIS AGREEMENT. This Agreement and its applicable Attachments and
Transaction Documents are the complete agreement between us regarding these Services and replace any prior oral or
written communications regarding these Services. No machines or licensed program products are acquired under this
Agreement. Such items are available only under the terms of 1) the IBM Customer Agreement (or any equivalent agreement
between us) or 2) the applicable third -party agreement. By signing below for our respective Enterprises, each of us agrees to
the terms of this Agreement. Once signed, 1) any reproduction of this Agreement, an Attachment, or Transaction Document
made by reliable means (for example, photocopy or facsimile) is considered an original and 2) all Services you order under
this Agreement are subject to it.
Agreed to: (Enterprise name)
City of Tamarac
By - ��`�`------_
' / _ Authorized signature
Name (type or print): Jrryk6�.J f, . /h IC'LE/t
Agreed to:
International Business Machines Corporation
By------
Authorized signature
Name (type or print):
Date: /D _ 1 _ �pv Date:
Enterprise number: Agreement number:
IBM ServicesAssistent Number: G2105MCP
Enterprise address: IBM address:
Atention: Glenda christian IBM Business Partner Support Operations
7525 NW 88th Ave Attention: Linda Handle
Tamarac, FL 33321 4111 Northside Parkway
Atlanta, GA 30327
After signing, please return a copy of this Agreement to the 'IBM address" shown above.
Z125-5774-00 02198 (MK002) 08/16/2001 Page 1
Exhibit 1
1.2 Agreement Structure
Attachments
Some Services have terms in addition to those we specify in
this Agreement. We provide the additional terms in documents
called "Attachments," which are also part of this Agreement.
Attachments will be signed by both of us if requested by either
of us. Your IBM Business Partner makes the Attachments
available to you for signature.
Transaction Documents
For each business transaction, your IBM Business Partner will
provide you with the appropriate "Transaction Documents" that
confirm the specific details of the transaction. Transaction
Documents will be signed by both of us if requested by either
of us. The following are examples of Transaction Documents,
with examples of the information they may contain:
statements of work (scope of Services, responsibilities,
deliverables, completion criteria and estimated schedule
or contract period ); and
supplements and order forms (Service type ordered, and
contract period).
Conflicting Terms
If there is a conflict among the terms in the various documents,
those of an Attachment prevail over those of this Agreement.
The terms of a Transaction Document prevail over those of
both of these documents.
Our Acceptance of Your Request for Service
A Service becomes subject to this Agreement when we accept
your request for Service from your IBM Business Partner by:
1. providing you a transaction document, or
2. providing the Service.
Your Acceptance of Additional Terms
You accept the additional terms in an Attachment or
Transaction Document by doing any of the following:
1. signing the Attachment or Transaction Document
2. using the Service, or allowing others to do so; or
3. making any payment t o your IBM Business Partner for
the Service.
1.3 Charges and Payment
Your IBM Business Partner sets the charges and terms
governing charges. You will make payment directly to your IBM
Business Partner. However, we may charge you directly for
expenses incurred to perform your Service request, e.g., actual
travel and living expenses, out-of-pocket expenses. We will not
incur these expenses without your prior approval.
1.4 Changes to the Agreement Terms
In order to maintain flexibility in our Services, we may change
the terms of this Agreement by giving you three months' written
notice. However, these changes are not retroactive. They apply,
as of the effective date we specify in the notice, only to new
requests for Service and on -going transactions. Part 3 of this
Agreement contains additional provisions for changes to the
terms of individual Service transactions.
Otherwise, for a change to be valid, both of us must sign it.
Additional or different terms in any written communication from
you are void.
1.5 Limitation of Liability
Circumstances may arise where, because of a default on our
part or other liability, you are entitled to recover damages from
us. In each such instance, regardless of the basis on which
you are entitled to claim damages from us (including
fundamental breach, negligence, misrepresentation, or other
contract or tort claim), we are liable for no more than
1. damages for bodily injury (including death) and damage to
real property and tangible personal property; and
2. the amount of any other actual direct damages, up to the
greater of U.S. $100,000 (or equivalent in local currency),
or the charges (if recurring, 12 months' charges apply)
you paid to your IBM Business Partner for the Service that
is the subject of the claim.
This limit also applies to any of our subcontractors. It is
the maximum for which we and our subcontractors are
collectively responsible.
Items for Which We are Not Liable
Under no circumstances are we or our subcontractors liable for
any of the following:
1. third -party claims against you for damages (other than
those under the first item listed above);
2, loss of, or damage to, your records or data; or
3. special, incidental, or indirect damages or for any
economic consequential damages (including lost profits or
savings), even if we are informed of their possibility.
1.6 Mutual Responsibilities
Both of us agree that under this Agreement:
1. neither of us grants the other the right to use its (or any of
its Enterprise's) trademarks, trade names, or other
designations in any promotion or publication without prior
written consent;
2. all information exchanged is nonconfidential. If either of us
requires the exchange of confidential information, it will be
made under a signed confidentiality agreement;
3. Each is free to enter into similar agreements with others;
4. each grants the other only the licenses and rights
specified. No other licenses or rights (including licenses
or rights under patents) are granted;
5. each may communicate with the other by electronic
means and such communication is acceptable as a
signed writing to the extent permissible under applicable
law. An identification code (called a "user ID") contained
in an electronic document is sufficient to verify the
senders identity and the document's authenticity;
6. each will allow the other reasonable opportunity to comply
before it claims that the other has not met its obligations;
7. neither of us will bring a legal action more than two years
after the cause of action arose unless otherwise provided
by local law without the possibility of contractual waiver or
limitation; and
8. neither of us is responsible for failure to fulfill any
obligations due to causes beyond its control.
Z125-5774-00 02198 (MK002) 08/16/2001 Page 2
Exhibit 1
1.7 Your Other Responsibilities
You agree:
1. not to assign, or otherwise transfer, this Agreement or
your rights under this Agreement, delegate your
obligations, or resell any Service, without our prior written
consent. Any attempt to do so is void;
2* that you are responsible for the results obtained from use
of the Services; and
3. to provide us with sufficient, free, and safe access to your
facilities for us to fulfill our obligations.
1.8 Agreement Termination
You may terminate this Agreement on written notice to your
IBM Business Partner and to us following the expiration or
termination of your obligations.
Either of us may terminate this Agreement on written notice to
the other and to your IBM Business Partner, if the other does
not comply with any of its terms.
Any terms of this Agreement which by their nature extend
beyond the Agreement termination remain in effect until
fulfilled, and apply to both of our respective successors and
Assignees.
1.9 Geographic Scope
All your rights and all our obligations are valid only in the United
States and Puerto Rico, except that all licenses to Materials are
valid as specifically granted.
1.10 Governing Law
The laws of the State of Florida govern this Agreement
Nothing in this Agreement affects any statutory rights of
consumers that cannot be waived or limited by contract.
Part 2 - Warranty Terms
2.1 Warranty for IBM Services
For each IBM Service, we warrant that we perform it:
1. using reasonable care and skill ; and
2. according to its current description (including any
completion criteria) contained in this Agreement, an
Attachment, or a Transaction Document.
2.2 Extent of Warranty
THESE WARRANTIES ARE YOUR EXCLUSIVE
WARRANTIES AND REPLACE ALL OTHER WARRANTIES
OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE.
2.3 Items Not Covered by Warranty
Unless we specify otherwise, we provide Materials and non -
IBM Services WITHOUT WARRANTIES OF ANY KIND.
Part 3 - Services
3.1 IBM Services
Services may be either standard offerings or customized to
your specific requirements. Each Service transaction may
include one or more Services that:
1. expire at task completion or an agreed upon date;
2, automatically renew as another transaction with a
specified contract period. Renewals will continue until
either of us terminates the Service; or
3. do not expire and are available for your use until either of
us terminate the Service.
3.2 Personnel
Each of us will be responsible for the supervision, direction,
and control of our respective personnel.
We reserve the right to determine the assignment of our
personnel.
We may subcontract a Service, or any part of it, to
subcontractors selected by us.
3.3 Materials Ownership and License
We will specify Materials to be delivered to you. We or third
parties have all right, title, and interest (including ownership of
copyright) in Materials created during the Service performance
period or otherwise (such as those that preexist the Service).
We will deliver one copy of the specified Materials to you. We
grant you an irrevocable, nonexclusive, worldwide, paid -up
license to use, execute, reproduce, display, perform, and
distribute, within your Enterprise only, copies of these
Materials.
You agree to reproduce the copyright notice and any other
legend of ownership on any copies made under the license
granted in this Section.
Any idea, concept, know-how, or technique which relates to the
subject matter of a Service and is developed or provided by
either of us, or jointly by both of us, in the performance of a
Service may (subject to applicable patents and copyrights) be
freely used by either of us.
3.4 Changes to Service Terms
We may change the terms of Services that are renewable or
non -expiring by giving you three months' written notice.
However, these changes are not retroactive. They apply
immediately to renewal transactions and as of the effective date
we specify in the notice to all existing transactions. If we make
a change to the terms of a renewable Service that 1) affects
your current contract period and 2) you consider unfavorable, at
the request of your IBM Business Partner, we will defer it until
the end of that contract period.
When both of us agree to change any Services statement of
We do not warrant uninterrupted or error -free operation of any work other than as described above," we will prepare a written
deliverable or Service. description of the agreed change (called a "Change
Z125-5774-00 02/98 (MK002) 08/16/2001 Page 3
Exhibit 1
Authorization"), which both of us must sign. The terms of a
Change Authorization prevail over those of the statement of
work and any of its previous Change Authorizations.
3.5 Renewal
Renewable Services renew automatically for a same length
contract period unless either of us provides written notification
(at least one month prior to the end of the current contract
period) to the other and to your IBM Business Partner of their
intent not to renew.
3.6 Termination and Withdrawal
Either of us may terminate a Service if the other does not meet
its obligations concerning the Service.
You may terminate a Service transaction on one month's
written notice to us and to your IBM Business Partner."
We may withdraw a renewable or non -expiring Service or
support for an eligible product on three months' written notice
to you. If we withdraw a Service for which you have prepaid and
we have not yet fully provided it to you, your IBM Business
Partner will give you a prorated refund.
Any terms which by their nature extend beyond termination or
withdrawal remain in effect until fulfilled and apply to respective
successors and assignees.
3.7 Service for Machines
We provide certain types of repair and exchange Service either
at your location or at a service center to keep Machines in, or
restore them to, conformance with their official published
specifications. We may repair the failing Machine or exchange
it at our discretion.
When the type of Service requires that you deliver the failing
Machine to us, you agree to ship it suitably packaged (prepaid
unless we specify otherwise) to a location we designate. After
we have repaired or exchanged the Machine, we will return it to
you at our expense unless we specify otherwise. We are
responsible for loss of, or damage to, your Machine while it is
1) in our possession or 2) in transit in those cases where we
are responsible for the transportation charges.
You agree to:
obtain authorization from the owner to have us service a
Machine that you do not own; and
where applicable, before we provide service —
a. follow the problem determination, problem analysis,
and service request procedures that we provide,
b. secure all programs, data, and funds contained in a
Machine, and
c. inform your IBM Business Partner of changes in a
Machine's location.
When Service involves the exchange of a Machine or part, the
item we replace becomes our property and the replacement
becomes yours. You represent that all removed items are
genuine and unaltered. The replacement may not be new, but
will be in good working order and at least functionally equivalent
to the item replaced. The replacement assumes the warranty or
Service status of the replaced item. Before we exchange a
Machine or part, you agree to remove all features, parts,
options, alterations, and attachments not under our service.
You also agree to ensure that the item is free of any legal
obligations or restrictions that prevent its Exchange.
Any feature, conversion, or upgrade we service must be
installed on a Machine which is 1) for certain Machines, the
designated, serial -numbered Machine and 2) at an engineering -
change level compatible with the feature, conversion, or
upgrade.
Repair and exchange Services do not cover:
1. accessories, supply items, and certain parts, such as
batteries, frames, and covers;
2. machines damaged by misuse, accident, modification,
unsuitable physical or operating environment, or improper
maintenance by you;
3. machines with removed or altered Machine or parts
identification labels;
4. failures caused by a product for which we are not
responsible; or
5. service of Machine alterations.
We manage and install engineering changes that apply to IBM
Machines and may also perform preventive maintenance.
We provide maintenance Services for selected non -IBM
Machines.
When you request maintenance Services under this
Agreement, your IBM Business Partner will inform you of the
date on which maintenance Services will begin. We may
inspect the Machine within one month following that date. If the
Machine is not in an acceptable condition for service, you may
have us restore it." Alternatively, you may withdraw your
request for maintenance Services.`
'Check with your IBM Business Partner to determine if you will incur an additional charge for this.
Z1 25-5774-00 02/98 (MK002) 08/16/2001 Page
Exhibit 1
IBM Schedule for Services Acquired from an IBM Business Partner - ServiceSuite
This Schedule contains a listing of the Eligible Machines at the Specified Locations identified below for which we will provide
the identified Services as described in your end users Statement of Work. These terms are in addition to those of the
referenced Statement of Work and IBM Agreement for Services acquired from an IBM Business Partner (or any equivalent
agreement signed by both of us and identified below).
Customer Name and Billing Address:
City of Targerac
Avnet Computer Marketing
Attention: Renee Simmons
6550 N Loop 1604 E
San Antonio, TX 78247
Business Partner Name and Address:
Avnet Computer Marketing
Attention: Renee Simmons
6550 N Loop 1604 E
San Antonio, TX 78247
Agreed to:
City of Tamarac
By
Authorized signature
Name (type or print):
E FoLO-t L, . N t 4-LG— Z
Date:
i v -- (— -7,001
Agreement No:
Statement of Work No:
IBM ServicesAssistant No: G2105MCP
Associated Contract No:
Associated Contract Start Date:
Customer No:
Revised Schedule (Yes/No): No
Schedule Effective Date: 10/01/2001
ASPID No: 8426127
Charge Period:
Start Date: 10/01 /2001
End Date: 09/30/2006
The parties need not sign this Schedule, unless either of us requests it.
Z120-5769-04 7/99 08/16/2001
Agreed to:
International Business Machines Corporation
By---- ---- —------- ---------- --
Authorized signature
Name (type or print):
Date:
Page 1
Exhibit 1
IBM Schedule for Services for Remarketers - ServiceSuite
Enterprise Total for Charge Period by Customer Number:
Customer No Charges "
01151090 $8,526.69
Total: $8,526.69
Z120-5770b-00 (7/99) 08/16/2001 Page2
Exhibit 1
IBM Schedule for Services for Remarketers - ServiceSuite
---------Eligible Machine------------
Maintenance Service
Manufacturer
i
i Machine
i
i Related
Type of
i
i Order/ Order/
Repair
i
Charges Charges
i Type Model Serial Serial
Qty #
## Charges"
Start" Stop"
Customer No / Location: 01151090
IBM 7852 40Z 0042W5225
1 A
1 $148.52
W 12/04/2001
IBM 9406 270 00005989M
1 B
1 $8,378,17
W 12/04/2001
Total:
$8,526.69
Z120-5770b-00 (7/99) 08/16/2001 Page 3
Exhibit 1
IBM Schedule for Services for Remarketers - ServiceSuite
Legends:
# Tvpe of Repair Service
A) On -Site Repair/Exchange Services, Monday through Friday (excluding holidays), Sam to 5pm
B) On -Site Repair/Exchange Services, 7 days a week, 24hrs/day
C) On -Site Repair/Exchange Services, 5 days a week, 9hrs/day, 4 hour response objective. This type of repair service includes a
response tirpe objective and is not a guarantee
D) On-Site*,Repair/Exchange Services, 7 days a week, 24hrs/day, 2 hour response objective. This type of repair service includes a
response time objective and is not a guarantee
X) EasySery (remotely delivered services)
## Maintenance Services
1) Maintenance of IBM Machines
2) Maintenance of non -IBM Machines
3) Warranty Services Upgrade
" Charges shown are for Charge Period
-An (E) indicates a Machine that has been announced as withdrawn from generally Maintenance Service
-An (0) indicates One Time Charge
-A (U) indicates Usage Charges which are measured in either Feet, Hours, or Impressions
-A (W) indicates a Machine/Model/Feature under Warranty
-An (X) indicates On -order Products which are shown for planning purposes only
"" Charges Start/Stop dates shown are those that differ from the Contract Period Start/End Dates
Z120-5770b-00 (7/99) 08/16/2001 Page4
Exhibit 1
_ = Change Authorization for Services
Each of us agrees to modify the referenced Statement of Work and any applicable terms as follows:
Note: Your IBM Business Partner may impose an additional charge for our provision of some additional services,
e.g., Service upgrades, additional Systems Administrators, additional reports, or support for other Products,
identified in this Statement of Work with an asterisk (""). Where you see an asterisk, check with your IBM
Business Partner to determine if you will incur an additional charge.
The following is added:
* (SELECT THE SERVICE DESCRIPTIONS THAT APPLY)
Maintenance of IBM Machines
We will provide Service for Machines, as described in our Agreement, for those Eligible IBM Machines specified in
the Schedule.
Maintenance of Non -IBM Machines
We will provide Service for Machines, as described in our Agreement, for those Eligible non -IBM Machines
specified in the Schedule. 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 we use repair parts manufactured by the original manufacturer when these are available."
Our 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;
Each of us agrees that the complete agreement between us about these Services consists of 1) this Change
Authorization, 2) the referenced Statement of Work and its prior Change Authorizations which have not been
replaced by this one, and 3) the referenced Agreement.
Agreed to: Tamarac
By
' Authorized signature
Name (type or print):.JE-grfX(l (_ - [' LO LLC-r?-
bate: to-(- y,Ao 1
Customer number:
Customer address: 7525 NW 88th Ave
Tamarac, FL 33321
Customer telephone number: (954) 724-1303
Customer billing address:
Agreed to:
International Business Machines Corporation
By
Authorized signature
Name (type or print):
Date:
Reference Agreement number:
Reference Statement of Work number:
Change Authorization number:
IBM address:
Z125-576M3 7199 (MK008) Page 1 of 7
Exhibit 1
4. service of features, parts, or devices not supplied by either 1) the Machine's original manufacturer or 2) us
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 we are not responsible; or
9. service of Machine alterations.
Upon written notice, we may terminate coverage for an Eligible non -IBM Machine due to lack of available repair
parts or lack of original manufacturer technical support.
V
Eligible non -IBM Machines must meet our safety and serviceability requirements. We reserve 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,
we will notify you and terminate coverage.
Warranty Service Upgrade
For certain Eligible Machines, you may select a Service upgrade from the standard type of warranty Service for the
Machine.*
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.
* (IF THE ELECTRONIC SUPPORT FUNCTION FOR ANY OF THE INCLUDED SERVICES IS MADE AVAILABLE
THROUGH IBMLINK, AND THE CUSTOMER HAS NOT ALREADY ACCEPTED THE IBMLINK TERMS UNDER A
SEPARATE LIBRARY CARD ATTACHMENT, THE FOLLOWING IBMLINK TERMS MUST BE ADDED.)
IBMLink
The following terms apply whenever a Service under this Statement of Work includes IBMLink electronic access to
our databases containing IBM Product support information.
We will:
1. provide instructions for accessing the databases; and
2. provide user IDs to your designated IBMLink Customer Service Administrator.
You agree to:
1. designate and authorize your users of the IBMLink databases. You may designate only yourself and your employees as
users;
2. assign a user to be the IBMLink Customer Service Administrator (called "CSA"). The CSA is responsible for -
a. following the CSA procedures we provide,
b. registering your users for access to Product databases, and
c. acting as the primary interface between your users and us;
3. ensure your users use the information obtained from IBMLink only for the support of your information processing
requirements. You may not use information obtained from IBMLink for any product development purpose or in any sales or
marketing activity or to provide support to any third parties;
4. provide the equipment (such as workstations, modems, and communication features) necessary to use IBMLink;
5. obtain programs necessary to establish dial access to IBMLink;
6. be responsible for any unauthorized use of your user IDs; and
7. pay the charges of any third party telecommunications service provider you use to access IBMLink.
Support Line
We will provide you remote assistance with the operation of supported programs within specific product groups
running under selected operating systems for eligible hardware platforms. In addition, you may order certain
optional features which are enhancements to this Service. These terms also apply for each of these optional
features unless we specify otherwise.
Z125-576M3 7199 (MK008) Page 2 of 7
Exhibit 1
Definitions
Authorized Callers means Named Callers you have identified to us and, with OS/390 and VMNSE/390 coverage, all your
other callers requesting OS/390 and VMNSE/390 support.
Customer Critical Problem means a problem for which you have no known work around resulting in a critical disruption in
your business operations.
Full Shift means 24 hours a day, seven days a week, including national holidays.
Off Shift means all hours outside of Prime Shift.
Prime Shift means 8 a.m. to 5 p.m. in the local time zone where you receive the Service, Monday through
Friday (excluding national holidays).
Supported Products means those products contained within designated product groups that run under identified operating
systems for eligible hardware platforms. Supported Products are identified in the Supported Products List located at IBM's
Internet address http://www.ibm.com/services/pss/ww/sl/products, or as otherwise provided by IBM. The Supported Products
List will identify the products, product groups, operating system groups, and hardware platforms that are eligible for this
Service. The Supported Products List will change periodically to reflect Supported Product additions (for example, adding new
products) or deletions (for example, deleting products at their end of currency date).
Our Responsibilities
We will provide you remote assistance (via telephone from our support center or via an electronic search and
questioning capability) for the following requests related to Supported Products in your specified product groups
and operating system groups:
1. basic, short duration installation, usage, and configuration questions;
2. code -related problem questions;#
3. questions regarding IBM Supported Product publications;
4. diagnostic information review to assist in isolation of a problem cause (for example, assistance
interpreting traces and dumps for installation and code related problems); and
5. for known defects, available corrective service information and program fixes which you are entitled to receive under the
terms of your program license agreements.#
# Note: For IBM S/390 Supported Products, this telephone assistance from our support center is included in your license
charge.
When you report a problem with covered non -IBM products on the Supported Products List, we will assist you to isolate the
problem cause and provide you recovery information, if available, from the vendor. We will provide corrective service
information and program fixes, if available and we are authorized to provide to you, for known defects. If a new (unknown)
defect is identified, we will report it to the appropriate vendor and notify you of our actions. At this point we will consider our
support requirement fulfilled. Resolution of these problems is the responsibility of the vendor.
Named Callers
You may designate two users ("Named Callers") per selected operating system group for which you select Prime Shift
coverage. You may designate six Named Callers per selected operating system group for which you select Full Shift
coverage. Each Named Caller is eligible to submit Support Line Service requests for all products you have covered under this
Service. You must notify us of the identity of your Named Callers as well as one Primary Technical Contact (who may be one
of your Named Callers) to whom we may direct general technical information pertaining to your Supported Products and who
has the authority to change your designated Named Callers and communicate those changes to us. You may request,
through your IBM Business Partner, an increase to your allowed number of Named Callers.'
Other 081390 and VMIVSE/390 Users
When you select this Service for the OS/390 and VMNSE/390 operating system groups and associated product
groups, you may authorize other users (in addition to Named Callers) who we do not require you to individually
identify to us. All OS/390 and VMNSE/390 users who are not Named Callers are eligible to submit Support Line
Service requests for products in the OS/390 and VMIVSE/390 operating system groups and associated product
groups only.
Response Criteria
We will use commercially reasonable efforts to respond, by telephone, to Support Line Service calls from your
Authorized Callers within two hours during Prime Shift. Our initial response may result in resolution of your request
or it will form the basis for determining what additional actions may be required to achieve technical resolution of
Z125-576M3 7199 (MK008) Page 3 of 7
Exhibit 1
your request. During Off Shift we will use commercially reasonable efforts to respond to Support Line Service
calls which your Authorized Callers specify to be Customer Critical Problems within two hours and all other
Support Line Service calls within four hours.
Electronic Support
Your Authorized Callers will also be able to electronically submit Support Line Service requests for Supported
Products, provided you meet the prerequisites we specify for electronic access. We will use commercially
reasonable efforts to respond to each electronic Service request from your Authorized Callers within two hours of
receipt during Prime Shift. For electronic Service requests received during Off Shift, we will use commercially
reasonable efforts to respond within two hours of the start of Prime Shift on the next business day. IBM is not
responsible for delays in response delivery caused by systems and network problems.
Your Additional Responsibilities
You agree to-.
1. ensure you are properly licensed to all Supported Products for which you request assistance;
2. retrieve and review a current Supported Products List on a monthly basis to verify whether there have been
any additions or deletions of products within your covered product groups;
3. ensure that any access codes we provide to you are used only by your current Authorized Callers-,
4. provide us with all relevant and available diagnostic information (including product or system information)
pertaining to problems you request assistance with;
5. provide us with appropriate remote access to your system to assist you in isolating the problem cause. You
will remain responsible for adequately protecting your system and all data contained therein whenever we
remotely access it with your permission; and
6. provide us with written notice of changes to your machine inventory within one month after the change
occurs. Such changes may cause a revision to your charges for this Service.
Termination
You may terminate a Support Line Service or optional feature on one month's written notice to us and your IBM
Business Partner after it has been covered under this Statement of Work for at least one year. However, you
may not terminate an operating system group if you have elected to continue support for a product group for
which it is a prerequisite. Also, you may not terminate Support Line if you have elected to continue feature
support.
We may withdraw support for products on the Supported Products List at any time without written notice to you or
your IBM Business Partner.
If we withdraw or either of us terminate a Support Line Service or optional feature as provided in this Statement of
Work, and it is a Service or feature for which you have prepaid and we have not yet fully provided to you, you may
request a prorated credit from your IBM Business Partner. This will apply if IBM withdraws support for an entire
product group but not if we simply withdraw support for individual products.
Account Advocate
We will provide you remote access (via telephone or electronic access) to an Account Advocate team which will
assist you with coordination of support activities for Supported Products you have covered by Support Line.
Account Advocate is an optional feature of Support Line and therefore the Support Line Service terms apply. You
may select Account Advocate support for any or all of your Support Line product groups and operating system
groups. Account Advocate is available during Prime Shift only.
Our Responsibilities
The Account Advocate team will provide enhanced problem management support. In addition to Support Line
assistance, for your selected products the Account Advocate team will:
1. coordinate your reported problems until they are resolved;
2. provide problem escalation assistance;
3. assist with problem circumvention when possible; and
4. track the status of reported problems and keep you informed of resolution progress.
Also, you may request that we coordinate submission of problems for additional non -IBM software products (two
products, not included in the Supported Products List, per each of your Account Advocate covered operating
systems) for which you have prearranged with the product vendors to enable us to remotely interface with them
on your behalf. Resolution of non -IBM product problems remains the responsibility of the application vendor and
you are responsible for any associated vendor charges.
Z125-576M3 7199 (MK008) Page 4 of 7
Exhibit 1
In addition, we will assign you an Account Advocate Problem Manager who will work with you to develop your
account profile and become familiar with your environment such that the Problem Manager will:
1. have a working knowledge of your systems and support structure;
2. develop and maintain an inventory of your Supported Products and their current levels based on your account
profile and other information you provide to us;
3. monitor the status of your reported problems with Supported Products; and
4. conduct monthly reviews with you (by telephone during Prime Shift) summarizing your account activity.
Response Criteria
We will respond to your Account Advocate requests per the commitment under Support Line.
Your Additional Responsibilities
You agree to:
1. complete an account profile at the start of the contract period documenting information regarding your system
environment; and
2. keep the Account Advocate Problem Manager informed of changes to your account profile (for example,
additions or changes to your Supported Products).
AS/400 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
we discover to be defective (called "PE FTFs"). We provide notification via your choice of available delivery
methods.
PM/400e provides you utilization and performance data for your designated AS/400 systems.
Our Responsibilities
We will provide you a set of performance analysis reports regarding each of your specified AS/400 systems for
the time period you define (for example, 8 a.m. to 5 p.m.) for the calendar period you select (for example,
monthly or quarterly). When you select electronic delivery, the report calendar period will be monthly.
Your Responsibilities
You agree to activate, per our instructions, the PM/400 data collection software that is part of your OS/400
operating system. You must also set up a modem and dial -up communication line that can be used to transmit
the collected data to us.
You may select to have the reports we generate from the data delivered via hardcopy mail or electronically.
You are responsible for any communications charges you incur associated with this Service.
Other Available Options
The following options are also available":
1. an additional set of reports for the same AS/400 system but another time period (for example, 5 p.m. to 8
a.m.) for the same or different calendar period; and
2. a Consolidated Management Report which provides a monthly summary for all your AS/400 systems
receiving this Service.
Data Collection
Systems utilization and performance information used to prepare your reports is gathered from your AS/400
system by the performance monitoring function of OS/400. For details on exactly what information is gathered by
the performance monitoring function, please refer to the OS/400 Work Management manual that is shipped with
your system.
Data Usage
The information gathered from your AS/400 systems will be used to generate your PM/400e Service reports. In
addition, you agree that we may use and share the data so collected ("Your Data") within the IBM Enterprise
and with third parties such as subcontractors and consultants under contract to us without limitation, including
Z125-576M3 7199 (MK008) Page 5 of 7
Exhibit 1
for purposes of problem determination, assisting you with performance and capacity planning, maintaining your
existing and developing new business relationships with IBM, notifying you of existing or projected resource
constraints, and assisting us to enhance IBM Products. You also agree that Your Data may be transferred to such
entities in any country whether or not a member of the European Union.
You may authorize IBM to share Your Data with other third parties, including one or more Solution Providers and
Business Partners to make them aware of your performance and capacity demands and to enable them to
provide you with a higher level of service.
Software Subscription for AS/400 provides program updates announced during the contract period, as
they become available and you request them, for all eligible Programs for which you are licensed.
eThe terms that apply for your Software Subscription are contained in the IBM Agreement for Software
Subscription (ZI25-5959) and its Exhibit for AS/400 (ZI25-5873). Copies of these documents are included with
this Statement of Work. Please make sure you have them and notify us if either is missing.
RS/6000 Software Services
RS/6000 System 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 we discover to be defective (called "PE PTFs"). We provide notification via your
choice of available delivery methods.
RS/6000 System Expert provides you with information for planning and managing your system resources.
Using data gathered from your system by a monitoring Program that we supply, we will prepare, encrypt, and
deliver to your designated system daily reports that provide an analysis of system performance, capacity,
configuration, and security. We will also supply a graphical viewer to enable you to view the encrypted
reports.
In addition, we will make a feature available that enables your system to alert your designated support
personnel whenever monitored system parameter values you select are exceeded.
You agree to:
1. provide the Internet or dial -up network connection to be used for transfer of data for this Service; and
2. install and configure, with remote assistance from us, the monitoring and graphical viewer Programs
we supply.
NO LICENSE TO THE MONITORING PROGRAM IS GRANTED TO YOU.
You may not:
1. use or copy the monitoring Program;
2, modify the monitoring Program's machine readable instructions or data or merge them into another Program;
3. reverse assemble, reverse compile or otherwise translate the monitoring Program; or
4. distribute, transfer or assign the monitoring Program to any third party.
We grant you a license for the graphical viewer Program under the terms of the Services Program License
section of this Statement of Work. We provide the monitoring and graphical viewer Programs WITHOUT
WARRANTIES OF ANY KIND.
RS/6000 Technical Library is a subscription Service comprised of two optional elements, Information
Library and Software Service Library. You may subscribe to one or both of these elements which are delivered
on CD-ROMS. The CD-ROMs are provided to you subject to the terms of the license agreement that
accompanies them.
Information Library is a collection of comprehensive technical Materials for the RS/6000 and current release of
AIX. When you subscribe to this element, each calendar quarter you will receive a CD-ROM, formatted in
Hypertext Markup Language (HTML), containing up-to-date technical documentation and corrective service
information for the RS/6000 and current release of AIX. Also included are answers to frequently asked
installation and usage questions.
Z125-576M3 7199 (MK008) Page 6 of 7
Exhibit 1
Software Service Library is a collection of Program Temporary Fixes (PTFs) for the current release of AIX.
When you subscribe to this element, each calendar month you will receive a package of CD-ROMs containing
all the new PTFs for AIX made available during the previous month.
Our Responsibilities
We will provide you with the following:
1. for Information Library, quarterly deliveries of the CD-ROM containing the most current RS/6000 and AIX
information; and
2. for Software Service Library, monthly deliveries of the CD-ROM package containing the most current
PTFs for the current release of AIX.
Your Responsibilities
You agree:
1. that by accessing or using the information contained on the CD-ROMs you acknowledge acceptance of
the terms of the license agreement that accompanies them; and
2. to ensure you are properly licensed to the AIX program for which you receive PTFs.
Termination
During a subscription period, you may terminate your subscription but we do not give refunds or credits for mid-
year terminations.
System/390 Software Services
Alert provides electronic notification of and information about potential problems with selected IBM Products.
We provide you:
1. automatic daily notification of the most critical and potentially harmful eligible Program problems;
2. information regarding the installation of new releases of Products or installation of temporary fixes for
eligible Programs (called "PTFs");
3. access to Product cross-reference information;
4. the ability to order PTFs and request their electronic or physical delivery; and
5. the ability to order preventive service packages.
Z125-576M3 7199 (MK006) Page 7 of 7