HomeMy WebLinkAboutContracts & Agreements_151-2004_CCv0001.pdf Oct. 7. 2004 4.41PM SYSTEMS & SOFTWARE Na.2M P. 2/E
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Statement of Work for Services
Acquired 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 9 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.
This Statement of Work is designed to enable you to contract for a wide range of Services that apply for your Eligible Machines and the Programs
that run an those Machines,To allow for maximum flexibility enabling you to add Services as needed,basic terms regarding our relationship are
included as well as more specific terms that apply for Machine maintenance and Program support Services,The specific terms regarding Machine
maintenance and Program support Services apply only when you have contracted for an associated Machine maintenance Service or Program
support Service as specified In the Schedule.
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,09-14-2004 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):2
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 ofyourdesire
tochangethe length ofthe renewal. Either oflus 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 and to your IBM Business Partner of their decision not to renew.
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.
Agraaa to: -Agreed to:
CITY OF:RqEDNDS International Business Machines Corporation
By
By
"X07saTr/Peppler, ma,.,v--Qr Authorized signature
Attes+
Name(type or print):
Lor e�!P fty z e y Clerk— Date;
Date: October 5, Statement of Work number!AS8ZK3
Customer Company address:
MUNICIPAL UTILITIES DEPARTMENT Agreement number,
35 CAJON-SUITE 15-A Customer number:TTD28ZK3
REDLANDS CA 92373
Telephone number 909-798-7568 GM Address:
IBM CORPORATION
4111 NORTHSE PARKWAY
BllllngAddress: P. O. Box 3005 O
ATLANTA.GA 10327
Redlands, CA 92373
,offer signing,p1osse return a copy of this Attachment to the 1810 address"shown above.
2125-5766-13 1012003(MK076) mr(ract AS8ZK3(prepared 09/14104 15:43) Page 1 of 3
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 Locationotify your IBM Business Partner whenever you wish to add Eligible Machine types to an existing Specified Location Or set UP new Specified
ns-
3, to return to IBM all defective CRUs(from covered Eligible Machines)within 30 days of your receipt of the replacement CPU.A"CRU"is a
Machine part which is designated as a Customer Replaceable Unit(e.g. keyboards,memory,or hard disk drives)-IBM provides CRUS to you
for replacement by you;
4. to ensure that any access codes we provide to you are Used Only by those who are authorized to do so:
& to provide your IBM Business Partner with Information we requiW which in related to our provision of these Services to you and notify your IBM
Business Partner of any changes:
6. to allow International Business Machines Corporation and its subsidiaries to store and use your business contact information,including names,
business phone numbers, and business e-mail address" anywhere they do business. Such information will be Processed and used in
connection with our business relationship,and may be p;;;Q 10 0011iblicto,acting on IBM's behalf,19M Business Partners who promote,
market and support certain IBM products and services,and assignees of International Business Machines Corporation and its subsidiaries for
uses consistent with our business relationship:
7, 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;
S. that electronic access to our support centers and certain databes"may requitra a separate network services agreement;'
9. to pay any communications charges associated with accessing these Services unless we specify otherwise;
10.to use the information obtained under these Services only for the support of the information processing requirements within your Enterprise;
and ri
11.that your acceptance of any software Services does not after Your responsibilities(Of 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 easy access to the secure storage space so that they may promptly store, Inspect,and remove the parts
whenever they deem necessary;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 chat we find to be missing,used,or damaged,and
c. parts remain the property of IBM and will be subject to 113M parts control procedures and must 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 w4li 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.
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 OOPY,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 Progmrn,s
machine readable instructions or date 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 ten-ninate your license if you fan 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;
1. an Eligible IBM Machine Is added to the Inventory_ If the Machine is under warranty when added, maintenance Services willme t
warranty exit,If the Machine Is not under warraritY when added,maintenance Services will commence at the War of a)the date corn nce a
or b)the previous yearly anniversary of the start of the contract period.IBM Machines specifically excluded from coverage at coof installation
ntract period
start will remain outside the scope of this Statement of Work uniess 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 v ce
sat out in this Section;or ei Ser I s as
2. an Eligible nori,-lam Machine, of the same type as other ruin-IBM Machines already covered
91 that Scified
inventory.If the Machine is under warranty when added,maintenance Services win commence peLocation, is added to the
warranty when added, maintenance Services will commence at the later of a)the date of installa at warranty exit, If the Machine Is not under
the start of the contract period, tion or b)the previous yearly anniversary of
2125-57613-13 10/2003(MK076) contract A88ZK3(prepared e9/14/04 15-43) Page 2 of 3
-
The maintenance Services that apply for these Machines will be the same as that which you are receiving for all other Eligible
type. Machines of the sarne
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 IhO 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 18M Business Partner to determine if you wilt Incur an additional charge,You will make payment directly to your
IBM Business Partner,
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 monthly 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.It 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 ware dissatisfied.
10. 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.
2125-5766-13 1012003(MK076) contract AS8ZK3(Pr8ioared 09/14/04 15:43) Page 3 of 3
7 V
Agreement for Service
Acquired from an IBM Business Partner
Thank you for your business. We strive to provide YOU With high quality SarWcas,it,et any funs,you have any questions stion s or problems,
satisfied,please let us know. Our goal is to do out best for you, or are not completely
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 remarkatm who are not IBM Business Pifrineirs. However, for purposes of brevity in this
Agreement,when we use the term IBM Business Partner we mean IBM Business Partners and their rernarketem.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 I)the actions of IBM business partners.
or services that they supply to you under their agreements. IBM Business Ps 2)any additional obligations they have to you,or 3)any products
the event that your IBM Business Partneris no longer able to offer our viners establish the price and terms at which they market IBM Services, In
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 efther(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 Out Services,or(2)us and signing a separates 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 I - 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 u entitles I
are mutually agreed-to in writing also includes the ent I which
Machine Is a machine,its features,conversions,upgrades,elements,Of accessories,or any combination of them.The form'Machlria"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 program,program listings,programming tools,documentation,reports.drawings,and
similar works)that we may deliver to you as pan of a Service.The tam"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:
CITY OF REDALANDS Agreed to.-
bftrnational Business Machines Corporation
By
By
i1sa7ifie per, ma— I
Attest: / Authorized signature
Lor
O No"(type or print).orr P'e P yze y Clerk Date:
Date: October 5, 200
Enterprise number, Agreement number:
Enterprise address* IBM Address,
MUNICIPAL UTILITIES DEPARTMENT 18M CORPORATION
35 CA ON-SUITE 15-A - P. 0. Box 3005 4111 NORTHSIDE PARKWAY
RECLANDS CA 92373 ATLANTA,GA 30327
After signing,please return a copy of this Agreement to the'18M address'shown above,
2125-5774-00 02190(MK002) contract AS8ZK3(prepared 09/14/04 15:43) Page 1 of 5
Agreement for Service
Acquired from an IBM Business Partner
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;
1. statements of work(scope of Services,responsibilities,dellverables,completion criteria and estimated schedule or contract period);and
2, 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 Transac-tion
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 to your IBM Business Partner for the Service,
1.3-Charges and Payment
Your IBM Business Partner sets the charges and terms go-.arning 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 alfactive date we specify In the notice,only to new requests for Service and ongoing ti-ansachons.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-Limitations 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
Z 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 this 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 damages to,your records or data;or
3, spacial,Incidental,at 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 fts Enterprise's) trademarks, trade names, or other designations in any promotion or
publication without prior written consent;
2, all information exchanged is non confidential, 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,
7125-5774-00 02196(MKO02) contract AS8ZK3(prepared 09/14/04 15:43) Page 2 of 5
Agreement for Service
Acquired from an IBM Business Partner
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 sender's identity and the
document's authenticity,
a. 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 w the possibility
of contractual waiver or limitation;and rowithout
a. neither of us is responsible for failure to fulfill any obligations due to causes beyond Its control.
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;end
3. to provide us with sufficient,free,and safe access to your facilities torus 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 of 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 forms.
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 Stated and Puerto Rico, except that all licenses to Materials are valid as specifically
granted.
1.10-Governing Law
The laws of the State of Now York 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-Extant of Warranty
IMPLIED, INCLUDING, BUT NOT LIMITED To, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY A SS
THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRE OR
PARTICULAR PURPOSE. ND FITNESS FOR A
2.3-Items Not Covered by Warranty
We do not warrant uninterrupted or error-free operation of any deliverable or Service.
Unlasa we specify otherwise,we provide Materials and non-IBM Services WITHOUT WARRANTIES OF ANY KINO.
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. stutornaticalliy renew as another transaction with a specified contract period,Renewals will continue until either of u3 terminates the Service,-or
3, do not expire and are available for your use until either of us Terminate the Service.
3.2-Personnel
2125-5774-00 02/98(MK002) contract AS82K3(prepared 09/14/04 15,43) Page 3 of 5
!I V L't V V F
Agreement for Service
Acquired frorn an IBM Business Partner
Each of us will be responsible for the supervision,direction,and control of our respective personnel.
We reserve the fight to determine the assignment of our personnaL
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, 011ie, 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 or a Service may(subject to applicable patents and copyrights)be freely used by either of us,
3A-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 am not
retroactive.They apply immediately to renewal transactions and as of the effective date we specify in the notice 10 all existing transections,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 and of that contract period.
When both of us agree to change any Services statement of work other than as described above, 'we will prepare a written description of the agreed
change'(called a"Change 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 notIncatlan(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 10 YOU,Your IBM Business Partner will give you a prorated refund.
Any terms which by their nature extend beyond termination or withdrawal remain In affect until fu lilled 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 sultably 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:
1,obtain authorization from the owner to have us service a machine that you do not own:and
2,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
remove all features,parts,options,alterations,and attachments not under our service,You also agree to ensure that h part,
to the item replaced,The replacement assumes the warranty Of Service status of the replaced item.Before we exchange a Machine or you agree to
or restrictions that prevent Its exchange, the item is free Of any legal obligations
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 arginearing-changs level compatible with the feature,conversion,or upgrade,
-Check with your IBM Business Partner to determine if You will Incur an additional charge for this.
2125-5774-00 02/98(MK002) contract A88ZK3(prepared 09/14/04 15.-43) Flags 4 of 5
Agreement for Service
Acquired from an IBM Business Partner
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 113M 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.
2125-5774-00 02198(MKO02) contract AS8ZK3(prepared 09114104 15-43) Page 5 of 5
==4,11 Schedule for Services for Remarketers - ServiceSuite
Maintenance Machine List
- Eligible Machine Descripilon----
Specified iocatton:0089708 City,State:
IBM 3580 L23 001325838 ULTRIUM 2 TAPE DRIVE 1 g t
IBM 7025 6F0 000OA291A PSERIES 620 B t
ToW
f
Z125-5T70b-03(8!2004) contract AWK3(prepared 08/14/04 15:43)
Schedule for Services for Remarketers - ServiceSuite
Legends:
I TYPE QE REP-AIR SE RVICE:
A) On-Site Repair/Exchange Services,Monday through Friday(excluding holidays),Barn to 5pm.next business day
B) On-Site RepairlExchange Services,7 days a week,24hrstday,4 hour response objective
This type of repair service Includes a response objective and is not a guarantee
C) On-Site Repair/Exchange Services,Monday through Friday(excluding holidays),Sara to Spm,4 hour response objective
This type of repair service Includes a response objective and Is not a guarantee
D) On-Site RepairlExchangs Services,7 days a week,24hWday,2 hour response objective
This type Of repair service includes a response objective and is not a guarantee
X) EasyServe(remotely delivered services)
#MAINIENANCE-StRY&F-a
1) Maintenance of IBM Machines
2) Maintenance of non-IBM Machines
3)Warranty Service Upgrade
18) Post Installation Coverage(PIC)Service Upgrade,for selected Non-IBM Machines
*Charges shown are for the Charge Period
A (C) indicates a Machine that will have Usage Charges billed separately
An (E) Indicates a Machine that has been announced as withdrawn from generally available Maintenance Service
An (H) identifies a Machine on an existing ServiosSuite/ServiceElect CHIS contract with duplicate Maintenance Services Coverage
An (N) Indicates that the product is a non-GSA Schedule item
An (0) Indicates a One Time Charge
A (P) indicates averaged billing or annual prepayment
An (R) Indicates the usage charge rate(Feet,Hours,or Impressions)for a machine under a usage plan
A (U) Indicates Usage Charges which are measured In either Feet,Hours, or Impressions
A (M Indicates a Machine/Model/Feature under Warranty(W without a date represents a machine off warranty,but which may have warranty content)
An (X) indicates On-order Products which are shown for planning purposes only
A (Y) Indicates On-order MES products which are shown for planning purposes only.These charges are Included in the related machine
"Charges Start/Stop dates shown are those that differ from the Contract Period Start/End Dates
21125-5770b-03(8/2,004) contract AS8ZK3(prepared 09114/04 15:43)
401 Water Tower Circle $02/655.4400
Colchester, VT 05446-1928 802/655.4401 fax
Systems
& Software
�SCILANos
Received
my
g
November 4, 2004
OF CIC't
City Clerk's Office
City of Redlands
P. O. Box 3005
Redlands, CA 92373
To Whom It May Concern:
The attached contract copies are the only copies of the signed contract that IBM would send us.
If you have any questions, please call me at 802-655-4400.
With kind regards,
_ 2�t e,4 -�i/e4-�
Michele Ovitt
Systems & Software, Inc.
p: 802-655-4400
f: 802-655-4401
e: Michele.Ovitt@ssiutilitysuite.com
w: www.ssiuti]iLysuite.com
www.ssiutilitysuite.com