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HomeMy WebLinkAboutContract 1587 APR 19 2000 12:18 FR 1BM— DALLAS TO 916127063601 P.02/09 1581 International Business Machines Corporation April 19, 2000 Roxane Smith City of Columbia Heights Roxanc Smith 590 40th Ave NE Columbia HTS MN 55421 -3835 Dcar Ms. Smith: Thank you for your interest in IBM Global Services. M we discussed, this proposal will allow you to customize your requirements. The attached Customer Agreement Attachment will become a contract once it is signed by both parties. The prices, terms and conditions are valid for three months from the date of this proposal. After this datc, prices are subject to change and another quote may be necessary. We look forward to delivering these services so that you can begin to realize the benefits as soon as possible. Thank you again for the opportunity to provide these services which are critical to the success of your business. Sincerely, Steve Allred Sales Specialist Attachment: Proposal APR 19 2000 12 :1B FR IBM- DALLAS TO 916127063601 P.03/09 Customer Agreement Attachment for IBM Operational Support Services - Support Line These terms are in addition to those of the IBM Customer Agreement (or equivalent agreement In effect between us) and specifically supplement its terms for Continuing Support or renewable Services. You accept these terms by signing this Attachment or by using, or making any payment for the Services described below. We provide IBM Operational Support Services - Support Line (called "Service ") to remotely assist you 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 and described in this Attachment or associated documents. The terms of this Attachment also apply for each of these optional features unless we specify otherwise. We specify in a Supplement the details of your order (including the product groups and operating system groups to be supported for each machine, optional features you select. your contract period, and charges). This Service and features you may order in addition to this Service do not address the capability of your systems to handle date data within and between the twentieth and twenty -first centuries. You acknowledge that ii is your responsibility to assess your current systems and take appropriate action to migrate to Year 2000 ready systems. Please refer to IBM Product Specifications or IBM's Internet venue at http: / /www.ibm.com /year2000 to determine whether IBM Products are Year 2000 ready. Each of us agrees that the complete agreement between us about this Service consists of 1) this Attachment, 2) applicable Transaction Documents, and 3) the IBM Customer Agreement (or any equivalent agreement in effect between us) identified below Agreed to: Agreed to: City of Columbia Heights International Business Machines Corporation ?6 el-"/s# Authori2ed signa By Autnon2ad signature Name (type or print); WJ /d Fabel- e y NQ Name (type or print): Date: 44.49-00 y.... Date: Enterprise number: Agreement number: Enterprise address: City of Columbia Heights IBM address: Att June- dehnetoo /CoxA,va .Z. 590 40th Ave NE Columbia HIS MN 55421.3835 E . After signing, please return a copy of this Attachment to the "IBM address" shown above. I 2125- 5978 -01 2/2000 (MK002) Page 1 of 4 APR 19 2000 12 18 FR IBM - DALLAS TO 916127063601 P.04/09 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 /sI /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). 2. Service Description 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 Program Services terms of our Agreement. ° Note. For IBM S/390 Supported Products, this defect assistance from our support center is included in your license charge and therefore not covered under the terms of this Attachment. 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. Using the Service Named Callers You may designate two users ( "Named Callers ") per selected operating system group and cross - systems product software support category for which you select Prime Shift coverage. You may designate six Named Callers per selected operating system group and cross - systems product software support category for which you select Full Shin coverage. Each Named Caller is eligible to submit Service requests for all products you have covered under this Attachment. 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. For an additional charge, you may increase your number of Named Callers. Other OS /390 and VM /VSE /380 Users When you select 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 10 individually identify to us. All OS /390 and VMNSE/390 users who are not Named Callers are eligible to submit Service requests for products In the OS /390 and VM /VSE/390 operating system groups and associated product groups only. Z125-5978-01 2/2000 (MK002) Page 2 of 4 APR 19 2000 12 19 FR IBM - DALLAS TO 916127063601 P.05/09 Response Criteria We will use commercially reasonable efforts to respond, by telephone, to 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 your request. During Off Shift we will use commercially reasonable efforts to respond to Service calls which your Authorized Callers specify to be Customer Critical Problems within two hours and all other Service calls within four hours. Electronic Support Your Authorized Callers will also be able to electronically submit 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. Hourly Support for Out•of•Scope Service Requests If you select Full Shin coverage, all Service calls from your Authorized Callers during Prime Shift and Off Shift are included in your standard billing. If you select only Prime Shift coverage, all Service calls from any of your personnel during Off Shift will result in an additional charge to you on an hourly basis. In addition, Service requests from your personnel seeking assistance for Supported Products which are outside your covered product groups will also result in an additional charge to you on an hourly basis (Note: For IBM S/390 Supported Products, this out-of -scope support is only available via telephone). A minimum charge of 30 minutes will be applied to each request for Service that is beyond the scope of your annual coverage. Additional time required to prepare and answer the request will be charged in 6 minute segments. We will charge you for the time we spend 1) exchanging information with your personnel, 2) analyzing information they provide to us, and 3) preparing recommendations to resolve a problem. The hourly rate will be that which is current when used. You will be separately invoiced for these charges. This hourly support will be available to you as long as you continue annual Service for at least one Supported Product group. You may choose to decline this out -of -scope Service coverage by notifying us In writing within 15 days from the start of your contract period. If you decline or terminate this coverage, whenever your callers request support which is beyond the scope of your covered Service, we will advise them that we cannot provide such support until you sign the necessary IBM contractual documents accepting the terms of such support. Your Additional Responsibilities You agree to: 1. pay any communications charges associated with accessing this Service unless we specify otherwise; 2. ensure you are properly licensed to all Programs for which you request assistance; 3. 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; 4. ensure that any access codes we provide to you are used only by your current Authorized Callers; 5. provide us with all relevant and available diagnostic information (including product or system information) pertaining to problems you request assistance with; 8. 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; 7. use the information obtained under this Service only for the support of the information processing requirements within your Enterprise. You may not resell the Service or use it to provide support to third parties; and 8. 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 theServ_ice. _ (Note: This responsibility does not apply for Total Systems Software Support.) Total Systems Software Support If you select Total Systems Software Support you will receive Service coverage, as described above, for all Supported Products that are part of your business systems environment. You agree to provide us an initial inventory of your Supported Products, including the machines on which they are installed, and inform us of inventory changes (additions /removals) prior to your yearly renewal date. At renewal, the next year's charges will be determined based on your then current machine and Supported Product install base. 2125 - 5978 -01 2/2000 (MK002) Page 3 of 4 APR 19 2000 12 19 FR IBM - DALLAS TO 916127063601 P.06/09 3. Charges and Payment Your charges are calculated taking into account your selections of Supported Products (for Total Systems Software Support, this will be your machine and Supported Product install base at the start of each contract year) and optional features. Charges for your coverage included at initial contract period start will not increase during the first year of your coverage. Thereafter, we may revise recurring charges in accordance with the terms of our Agreement. AB coverage added during the contract period will be added at the charge in effect when added. 4. Renewal, Tetmilnation, and Withdrawal Services and all selected features will automatically renew for same length contract periods at the terms and pricing that are then in effect. Either of us can select not to renew by providing written notification (at least one month prior to the end of the current contract period) to the other of their decision not to renew. You may terminate a Service or optional feature on one month's written notice to us after it has been covered under this Attachment 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 su pport. We may terminate or withdraw a Service or optional feature on three months' written notice to you. We may withdraw support for products on the Supported Products List at any time without written notice to you. If we withdraw or either of us terminate a Service or optional feature as provided in this Attachment, 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. This will apply if IBM withdraws support for an entire product group but not if we simply withdraw support for individual products. Z125- 5978 -01 2/2100 (MKO02) Page 4 of 4 APR 19 2000 12 19 FR IBM - DALLAS TO 916127063601 P.07/09 r: ate: Customer Agreement Supplement for IBM Operational Support SeevMces - Support Lone The terms of the 18M Customer Agreement (or any equivalent agreement signed by nom of us) and me applicable Attachments apply to mis transaction. Name and address of Customer: IBM Customer Agreement number: DK80091 City of Columbia Heights City of Columbia Heights Contract number: 9049GG Att June Ropp/de Siwi: Supplement number. 00217438 590 40th Ave NE Enterprise number: 5929418 Columbia HTS MN 55421 -3835 Customer number: 5929418 Supplement Effective Date: 04 /19/00 Revised Supplement (YES or NO) (1): NO Customer's Billing Address: Roxane Smith 590 40th Ave NE Columbia HTS MN 55421 -3835 Customer Primary Technical Contact Name: Rox»NE - Ns k s'/vu/se Ch e* Aam Customer Primary Technical Contact Phone number. 4/2 - 704 - 3642 7 6/2 706 - 5 4,89 Contract Period Charge Period Charges and Payment Plan Start Date:05 /06/00 Start Date:05 /06/00 Total Charges: $1,428.84 End Date:05 /05/01 End Date:05 /05/01 Annual Billing This Supplement need not be signed unless either of us request it. Agr00d -to: Agreed- to: City of Colurno a Heights e� International Business Machines Corporation ?C. Sy 74 ANrgrisip B re AMlarisN pia More Name (type or print): 14.)01/i F6,4s t, li 4y " 4. Name (type or print): Date: //_.20.0 0 Date: 2125- 6021 -00 07/99 00217438 04/19/00 Page 2 of3 APR 192000 12 20 FR 1 BM- DALLAS TO 916127063601 P. 09/09 __; Customer Agreement Supplement for IBM Operational Support Services - Support Line (Conttnuod) ...-- .poaI0Hated Machine--- - - ---: Service Option Charge Charge Proc Svc Service Product Group Qty Charges Start End Type Mod Feat Serial Grp Location Customer Number: 5929418 Selected Sys. Software Suppt. $1,428,84 9408 170 2291 313V1M C AS400 Prime Shift NONE OS /400 Customer Total: $1,428.84 Z125- 6021-00 07/99 00217438 04/19/00 Page 3 of 3 APR 19 2000 12 20 FR IBM- DALLAS TO 916127063601 P.09/09 , _ ,==-3.7„: = S tatement of Work for Services IBM Operational Support Services - Consult Line We provide IBM Operational Support Services - Consult Line to remotely assist you (via telephone from our support center) with complex work efforts related to eligible software products. Consult Line assistance is provided on an hourly basis. The hours authorized by you do not imply or commit a fixed -price contract. You are responsible for project management and for any results achieved. These Services do not address the capability of your systems to handle date data within and between the twentieth and twenty -first centuries. You acknowledge that it is your responsibility to assess your current systems and take appropriate action to migrate to Year 2000 ready systems. Please refer to IBM Product Specifications or IBM's Internet venue at http: / /www.lbm.com/year2000 to determine whether IBM Products are Year 2000 ready. Scope of Services; Each time you call our support center with a new request for Consult Line assistance, we will log the request as a new engagement under this Statement of Work. We will provide you with an oral description of the scope of our engagement effort (including identification of the software product(s) being supported) and an estimate of hours to complete. If you request, we will provide you with written confirmation of this information. You accept the engagement scope and estimate of hours and indicate your authorization for us to proceed under the terms of this Statement of Work by your oral agreement or participation in the associated follow -on consultation call(s). If we determine that It is necessary to exceed the estimated hours for an engagement, we will inform you as soon as practical. In such .event, you may authorize additional hours. If you alternatively choose to terminate the engagement, you agree to pay us for actual hours expended. For each engagement you also agree to: 1. work with us to schedule mutually agreeable times for telephone consultation; 2. ensure you are properly licensed to all Programa for which you request assistance; 3. provide us with all relevant and available diagnostic information (including product or system information) pertaining to problems you request assistance with; B. provide us with appropriate remote access to your system, if necessary, to assist you in isolating a 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 5. use the information obtained under this Service only for the support of the information processing requirements within your Enterprise. Completion Criteria; Each engagement will end when 1) you advise us that further assistance is not required or 2) we provide the authorized number of hours. This Statement of Work will expire on the end date indicated below. Charges: Services provided during Prime Shift (from 8 a.m. to 5 p.m., In the local time zone where you receive the Service, Monday through Friday, excluding national holidays) will be charged at the rate of $ 270.00 per hour. Services provided. at your request, outside of Prime Shift will be charged at the rate of $ 365.00 per hour. There will be a one -hour minimum charge per engagement and additional support time will be provided in one -hour segments. We will invoice you monthly for actual hours of Service at the rates in effect when we provide the Service. We may increase rates by giving you three months' written notice. Each of us agrees that the complete agreement between us about these Services consists of 1) this Statement of Work along with accepted engagement scope and estimate of hours and 2) the IBM Customer Agreement (or any equivalent agreement In effect between us) identified below, Agreed to: Agreed to. City of Columbia Heights international Business Machines Corporudun ?(- By /,��� ./ By MimiasI a Aufewitw aipours Name (type or print) 604/e 1C.4 s t, ot� PyA . Name (type or print): Date: q.,?p _ o 0 Date: Cu$tOmor number: 5929418 Agreement number: 01(60091 Customer address: City of Columbia Heights An goXAtiff 5n1 t,L Statement of Work number: 590 40th Ave NE - — - Columbia HIS MN 55421.3935 IBM address: Customer billing address: City of Columbia Heights Att June- rehneten /j o0wii r Sni t i 590 40th Ave NE Columbia 1.17$ MN 55421.3835 Start Date: 05/06/00 End Date: 05/05 /01 2125 - 6027 -00 7/99 (MK008) Page 1 of 3 ** TOTAL PAGE .09 ** P.O. Box 26688 Raleigh. JVC 27611 6688 May 08, 2000 ° CITY OF COLUMBIA HEIGHTS 590 40TH AVE NE COLUMBIA HTS, MN 55421 -3882 Attn: ROXANE SMITH Dear ROXANE SMITH, Welcome to IBM Support Line and the IBM Family of Services. We are pleased you have chosen IBM to provide high quality solutions to all of your business and information systems needs. If your goals are to increase your system's productivity and runtime, the service choices provided by IBM Support Line and the IBM Support Family of Services allow you the flexibility to design a technical support plan that ideally suits your needs. Your IBM Customer # is: 5929418 You have selected the following services: • AS /400 SL Mthly Prm • *CL HOURLY • *CL HOURLY - OFFSHIFT • *SL HOURLY • *SL HOURLY - OFFSHIFT • *SL SELECT OS /400 -BASE To gain access to Support Line, your authorized contacts may call 1- 800 - 237 -5511 with the IBM Customer Number referenced above. Your support coverage is from 8 A.M. to 5 P.M. Monday through Friday in your time zone. The terms /conditions of the IBM Support Line Contract apply to the services you will be receiving. Thank you for choosing IBM Support Line and the IBM Family of Services for your technical support. Sincerely, IBM Support Line and IBM Family of Services APR 19 2000 12 16 FR 113M— DALLAS TO 916127063601 P.01/09 r • FAX Transmittal Date: '1 - -2000 Page: 1 of, To: R 6 Company: C f1/47 It 7 3 7 Phone: l ? - 7 P.. - ;F Ext. Fax # : I l2 - 7 ok - 3A o From Steve Allred Email: sallred @us.ibm.com Sales Specialist IBM Global Servic FAX: (972) 906 -534 h e: (972) 906 -3241 * ** *SEND CONTRACTS HERE * * ** Comments: Thank you very much for this opportunity to be of service. Here Is your Renewal Contract. Please be sure to visit IBM's Supported Products Web page to verify your coverage by Version/Release and end of currency. To property view this page, open It by US geography, and then by Platform. http :Uwww.Ibm.comiservices/pss/ww /sl /products Upon execution of this Support Family Contract, please return It to me by taxing 10 972-906 -5351, Be sure to forward a copy of your P0, PO 0, of PO Waiver (name and number of individual waiving your requirement for a PO) along with your signed contracts, If the current start date as listed on the contract has passed, please be sure to update the start date to the current date and initial next to those changes prior to retuming your contract. Contracts returned after the start date indicated will not be able to be Drocesswithoutshanuinq and initializing the start date of the contract. The agreement will be processed in approximately 48 hours after receipt of Me signed copy. For registration or billing questions you may call IBM's Customer Support Organization at 800 - 456 -0550, taxi() 800.406.5148, or U.S. Mail 10 IBM Corporation, 4800 Falls of the Neuse Road, Raleigh, NC 27826_0604:_Attn. 61h_Floor Family of Services. — _ _ _ Ro X •• .1.1• 4 t S a. p y1 p css t f 5*r 4,/erL fr /! y er i L o yG -r 115/Y00 17'✓ 4- `• #-"‘ H f / ^1 . 0 1 Sr, 3 ) a 1/ 1 '' '� 9 r /& F f pc IC,r v4 bne g 1GGs�4p . t y T "` Cw , 'w - .� �`°ta + 6ti -it v Please Note: If you have any problems with the receipt of this fax, please phone the National Sales Center at 888-426-4343.