HomeMy WebLinkAboutResolution - 4976 - Contract - IBM Corperation - Computer Hardware Maintenance - 10_12_1995Resolution No. 4976
October 12, 1995
Item #10
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract for Services by and between the City
of Lubbock and International Business Machines Corporation, attached hereto, which shall be
spread upon the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
&PC,- p-, a-Z
Betty . Johnson, City Secretary
APPROVED AS TO CONTENT:
Tom Tuning, Managing Direct
Information and Communication Services
APPROVED AS TO FORM:
C. Ross, Jr., City Attorney
JCR: da/ccdocs/ibm.res
September 27, 1995
Resolution No. 4976
October 12, 1995
Item #10
STATE OF TEXAS
COUNTY OF LUBBOCK
KNOW ALL MEN BY THESE PRESENTS:
CONTRACT FOR SERVICES
This Agreement, entered into at Lubbock, Texas, by and between the City of
Lubbock, hereinafter called "City" and International Business Machines Corporation,
hereinafter called "IBM";
WITNESSETH:
WHEREAS, the City and IBM did enter into a Master Service Agreement on the
14th day of June 1985; and
WHEREAS, said Master Service Agreement, not heretofore being terminated by
either City or IBM, remains in force and effect; and
WHEREAS, said Master Service Agreement, approved by Resolution 2064, did
contain details applicable to Maintenance Agreements entered into by IBM and City; and
WHEREAS, said detailed terms govern the relationship between IBM and City,
unless amended; and
WHEREAS, the City did request a proposal for Computer Hardware Maintenance
in RFP #13323; and
WHEREAS, IBM did respond by submitting its proposal in response to the City's
RFP #13323; and
WHEREAS, IBM's proposal was predicated upon the terms in the existing Master
Service Agreement (Z125-3275-00) heretofore entered into by and between IBM and City
on June 14, 1985, save and except, as specifically altered by the parties;
NOW THEREFORE, in consideration of the covenants and agreements herein
contained and other valuable consideration, IBM agrees to provide to City computer
hardware maintenance according to the following terms and conditions:
1. IBM shall follow and be bound by the terms and provisions of that certain
Master Service Agreement heretofore entered into by the parties hereto concerning the
provisions thereof provided for "IBM Maintenance Agreement" (Z125-3275-00), unless
specifically altered by this Agreement.
2. IBM shall be bound by the terms of City's RFP #13323 (Computer
Hardware Maintenance) and its response thereto and this Agreement shall, to the extent
of any conflict, control over the provisions of the Master Service Agreement.
3. The term of this Agreement shall be from October 1, 1995 through
September 30, 1996.
4. City agrees to pay to IBM the sum of THIRTY-NINE THOUSAND AND
NO/100 DOLLARS ($39,000.00) for the services rendered by IBM to City under this
Agreement, which sum shall be paid upon execution of this Agreement.
5. This Agreement further incorporates as Exhibit "A", attached hereto and
made a part hereof for all purposes, the documents known as "IBM Customer Agreement
Extended Term Maintenance Services Option."
6. This Agreement and all related documents shall be considered an
agreement governed by the laws of the State of Texas.
EXECUTED on this 12th day of
ATTEST:
Betty M. Johnson, Cio Secretary
APPROVED AS TO CONTENT:
Tom Tuning, Managing Directo
Information and CommunicatWn Services
APPROVED AS TO FORM:
Alhn C. Ross, Jr., City Attorney
JCR:da\cityatt\a-ibm.doc
September 25, 1995
October ,1995.
ATIONAL BUSINESS
JES CORPORATION
LOCATION MANAGER
CONTRACT FOR SERVICES -- IBM
Page 2
Customer Agreement
Extended Term Maintenance Services Option
The terms of this Transaction Document are in addition to those of the IBM Customer Agreement and
specifically supplement its Maintenance Services and Maintenance Service Options terms. You accept
this Transaction Document by signing it.
This Option is valid only if signed by you and received by IBM within three (3) months of the
Supplement Effective Date. The contract period is specified in the Supplement.
OUR RESPONSIBILITIES
We will:
1. reduce your Maintenance Services charges, including applicable usage charges, for Machines
listed in the Supplement. We will use the Term Discount Percent specified in the Supplement.
We will not decrease the specified Term Discount Percent during the contract period.
2. in each year of the contract period, limit your Maintenance Services charge for each Machine
listed in the Supplement to the lesser of a) the then current Maintenance Services charge or b)
the Maintenance Services charge in effect on the start date adjusted by the applicable Upper
Limit Percent specified in the Supplement. We will not increase the specified Upper Limit Percent
during the contract period.
Adjustments under this Option are in addition to those we may provide under other agreements.
YOUR RESPONSIBILITIES
Upon your written request and our mutual agreement, Machines added to this Option will assume the
remaining portion of the contract period.
TERMINATION
For Machines covered under this Option, this section supersedes 1) "Maintenance Services
Termination" in your IBM Customer Agreement and 2) as applicable, the sections entitled
"Termination" in your Attachment for CSO and MRSO and your Attachment for System Services
Availability.
You may terminate coverage for a Machine under this Option, Maintenance Services and, as
applicable, CSO, MRSO, and System Services Availability only if:
1. you permanently remove the Machine from productive use within your Enterprise, or
2. we remove the Machine from eligibility.
Both of us agree that the complete agreement between us about these Services will consist of 1)
is action Document, and 2) the IBM Customer Agreement (or any equivalent agreement
signed by Ja th of us).
A
of
Name (type or print) David R. Langsto
Date: October 12, 1995
Customer Number: 5343502
Contract Number: 95G353
Agreed to:
International B
Mayor Name (type or print) 2FA
Date: �— Z6 — 9s
signature
9513353 mgm 9/95 EXHIBIT "A" Page 1 of 1
International Business Machines Corporation Armonk, New York 10504
Supplement to
Extended Term Maintenance Services Option
Name and Address of Customer Contract No.: 95G353
City of Lubbock
916 Texas Ave Customer Number: 5343502
Lubbock, TX 79401
IBM Office No.: 5D8
IBM Office Address Supplement Effective Date: 09/20/95
5214 58th St
Suite 102 Revised Supplement (Yes or No): No
Lubbock, TX 79424
Special Bid Number: 95G353
Term Discount Percent Contract Period
8 - 29% Duration (years): 1
Start Date: 10/01/95
End Date: 09/30/96
Upper Limit Percent
First Contract Year: 0%
Machine Type/Model/quantity
Machine Type/Model/Quantity
3151-410
127
3164-120
028
3164-110
035
3480-A22
001
3480-622
003
3490-C11
001
4234-013
001
7011-220
001
7012-320
001
7012-360
003
7013-550
001
7013-580
001
7203-001
001
7204-001
001
7208-001
002
7208-011
001
7210-001
001
7855-010
003
9309-002
002
9337-020
002
9337-120
004
9348-001
001
9404-F20
001
9406-F35
001
9406-F70
001
95G353 mgm 9/95 Page 1 of 1