HomeMy WebLinkAboutTown Hall IBM 1520 Server - PRELIMINARY' Southold Town Board - Letter
Board Meeting of April 21, 2009
RESOLUTION 2009-319
ADOPTED
Item # 5.14
DOC ID: 4930
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-319 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 21, 2009:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott.A. Russell to execute the Statement of Work for Services between the
Town of Southold and 1BM (International Business Machines Corporation) for four (4)
hours o£consultation to update the Town Hall IBM I520 Server. subject to the approval of the
Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russel
Generated April 22, 2009
Page 23
' PATRICIA A. FINNEGAN
TOWN ATTORNEY
patricia.finneganQ)town.southold.ny.us
,JENNIFER ANDALORO
ASSISTANT TOWN ATTORNEY
jennifer.andah)ro(Wtown.southold.ny.us
LORI M. HULSE
ASSISTANT TOWN ATTORNEY
lori.hulse(e~)town.southold.ny.us
SCOq~F A. RUSSELL
Supervisor
Town IIall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
To:
MEMORANDUM
Mr. Lloyd Reisenberg
Network Systems Administrator
AF~ 2 8 2009
From:
Lynne Krauza
Secretary to the Town Attorney
Date: April 27, 2009
Subject:
Agreement w/IBM
Please be advised that Lori has reviewed and approved the attached
Agreement in connection with the referenced matter. A copy of the resolution
authorizing Scott to sign this document is also attached.
In this regard, attached is the original Agreement, executed by Supervisor
Russell. It is my understanding that you will obtain countersignature from IBM. I
ask that you provide the Town Clerk as well as our office with copies of the fully
executed Agreement for our records.
Thank you for your attention. If you have any questions, please do not
hesitate to call me.
/Ik
Enclosures ~
cc: Ms. Elizabeth A. Neville, Town Clerk (w/encls.)
IBM Statement of Work for Services
I Scope of Work
This section describes the Services that IBM will provide under this Statement of Work (SOW).
Specifically, IBM will provide TOWN OF SOUTHOLD with:
· Hourly Equipment Modification Services
These Services will be provided at the following Designated Location:
53095 MAIN RD
SOUTHOLD, NY 11971-4642
IBM Agrees to provide the Services described in this SOW provided you accept this SOW, without
modification, by signing in the space below on or before June 30, 2009.
Each of us agrees that the complete agreement between us about this transaction consists of 1)
this Statement of Work, its Attachments, and 2) the IBM Customer Agreement or any equivalent
agreement in effect between us (called UAgreement[3) identified below,
Agreed to: TOWN OF SOUTHOLD
Authorized signature
Name (type or print)'. ~'""d_~c:-~4-
Customer number: 82567'81
Agreed to: International Business Machines
Corporation
By
Authorized signature
Name (type or print):
Date:
Reference Agreement number: HQ12291
Customer address:
53095 MAIN RD
SOUTHOLD, NY 11971-4~,2
SMA Proposal Number: PRLS941A5655
Billing address:
Project name or identifier:
Total Estimated Charges:
(if All Hours Are Used)
$840.00
Estimated Start Date: April 01, 2009
Estimated End Date: September 01, 2009
iBM Company address:
7100 HIGHLANDS PARKWAY
SMYRNA, GA 30082
Linda Sanders
Fax 800-242-6329
April 01, 2009 Page I of 5
1.1 Equipment Modification Services
IBM will provide the following Services to modify your IBM Machines for which IBM offers
maintenance services, or Machines that you are the authorized agent for, or selected non
IBM machines (OEM), at Locations designated by you and agreed to by IBM.
For IBM machines, IBM will:
· provide the IBM CE with the modification instructions required to install the requested
feature(s);
· order, upon your written request, the configuration tapes and/or diskettes required for
each modification, and bill you separately for these items;
· check that IBM parts provided by you are at a proper EC level compatible with the
Machine(s) being modified. If such parts provided by you are not at a compatible EC
level, the requested modification will not be performed until the you obtain compatible
parts;
· install the requested modification(s) upon notification that parts are onsite;
· update the equipment documentation with logic pages that have been supplied by you;
· place the removed parts into IBM approved packing material that is supplied by you;
and
· establish that the Machine is working correctly upon completion of the requested
services. IBM parts provided by you, determined to be defective at the time of the
Modification, will be your responsibility to replace.
For OEM Machines, IBM wilh
· not perform Modification, unless you provide the following items for any OEM Machine
you own:
· letter requesting Modification of OEM Machine (type/serial number),
· OEM parts provided by you,
· all OEM parts at compatible EC levels to Machine,
· installation instructions and other material needed for Modifications are on site
prior to start date,
· parts determined to be defective and/or parts not at compatible EC levels are your
responsibility,
· submit the required IBM documents to the manufacturing plant and local IBM office
administration to update the Machine Level Control history, if on IBM maintenance;
and,
· notify you upon completion of these Services.
2 Estimated Schedule
The Services will be performed consistent with the estimated schedule mutually agreed to
by both of us. We both agree to make reasonable efforts to carry out our respective
responsibilities according to such schedule.
The following is provided for planning purposes:
Estimated Start Date: April 01, 2009
Estimated End Date: September 01, 2009
April 01, 2009 Page 2 of 5
3 Your Other Responsibilities
Your responsibilities listed in this SOW in addition to those responsibilities specified in the
Agreement and are to be provided at no charge to IBM. IBM's performance is predicated
upon the following responsibilities being fulfilled by you.
Prior to the start of this SOW, you will designate, in writing, a person who will be your
Project Manager. All of IBM's communications will be addressed to the Project Manager
who has the authority to act for you in all aspects of the SOW. The Project Manager wilt
perform the following activities:
· interface between IBM[~s Project Manager and your organizations;
· administer the Project Change Control Procedure with IBM[~s Project Manager;
· arrange reasonable and safe access to project site for project personnel, as required;
· arrange adequate office space with telephone access for project personnel, as
required;
conduct any communications through IBMUs Project Manager;
· help resolve project issues and escalate issues within your organization as required;
obtain and provide project requirements, data, decisions and approvals, within three
business days. If such project requirements, data, decisions or approvals are delayed
beyond the time specified, you agree to relieve IBM of its responsibility for the affected
Service(s) until you perform that obligation. You also agree to reimburse IBM for any
additional expense it incurs as a result of such delay; and
· accept responsibility for the actual content of any data file, selection and
implementation of controls on its access and use, and security of the stored data.
· authorize International Business Machines Corporation and its subsidiaries (and their
successors and assigns, contractors and IBM Business Partners) to store and use
your business contact information wherever they do business, in connection with IBM
products and services or in furtherance of IBM's business relationship with you.
You acknowledge that it is your responsibility to identify and make the interpretation of any
applicable federal, state and local laws1 regulations and statutes and insure that products
of the system meet those requirements
4 Deliverable Materials
There are no Materials associated with this SOW.
5 Completion Criteria
IBM shall have fulfilled its obligations under this Statement of Work when any one of the
following first occurs:
· IBM expends the number of hours performing the Services specified in the
"Charges" section or in any subsequent Change Authorization; or
· the estimated end date specified herein or in any subsequent Change
Authorization has expired; or
· you terminate the SOW in accordance with the provisions of the Agreement.
April 01, 2009 Page 3 of 5
6 Delays
The Estimated Schedule will be reasonably extended and the charges adjusted, if
necessary, as described in 10.0, "Project Change Control Procedure" if the project is
delayed by:
· acts or omissions of you or your employees or other contractors employed by you;
additional requirements imposed by you or any government agencies;
· labor disputes;
· fire;
· unusual delays in transportation;
· adverse weather conditions which IBM cannot reasonably anticipate;
· unavoidable casualties;
· concealed or unforeseen conditions; and
· other causes beyond our control.
7 Charges
IBM wil! provide up to a, HOURS at $210.00 per hour. In addition, you will be invoiced for
actual travel expenses incurred, estimated at $0.00. The total estimated charge is
$840.00, plus applicable taxes. IBM will bill you monthly for hours provided. Invoices are
payable upon receipt.
This Service Charge does not include charges for configuration tapes, diskettes, packing
material, missing, incorrect or defective pads that may be required for the requested
Services.
If applicable you will be billed separately for these items. You will be billed separately for
all travel expenses of service personnel, except those housed at your work
Location(s).You will also be invoiced separately on an Hourly Service (time and material)
basis for the following services if requested of IBM:
· over-time work authorized by you to accelerate the schedule either as to the final
completion date or any interim date;
· work required of IBM to correct Machine malfunctions, unless such repairs are covered
by an existing IBM agreement;
· work required of IBM to correct the results of repair or reconfiguration work done by
others;
· work required of IBM to test and perform problem determination on OEM cables as
they affect IBM Machine performance;
· work incurred by IBM to replace missing parts, defective pads or pads not furnished by
IBM that require replacement; and,
· additional time incurred by IBM caused by delays waiting for parts, equipment arrival,
or access to your Location(s).
8 Project Change Control Procedure
If a change to this SOW is required, both of us agree to use a Project Change Request
(called "PCR.'i as the vehicle for communicating change. The PCR must describe the
change, the rationale for the change and the effect the change will have on the project.
April 01, 2009 Page 4 of 5
The designated lead of the requesting party, will review the proposed change and
determine whether to submit the request to the other party.
Both of us will review the proposed change and approve it for further investigation or reject
it. IBM will specify any charges for such investigation. If the investigation is authorized,
both of us will sign the PCR which will constitute approval for the investigation charges.
IBM will invoice you for any such charges. The investigation will determine the effect that
the implementation of the PCR will have on price, schedule and other terms and
conditions of the Agreement.
A written Change Authorization and/or PCR must be signed by both of us to authorize
implementation of the investigated changes.
9 Warranty
For each iBM Service, we warrant that we perform it:
in a workmanlike manner, and
according to its current description (including any Completion Criteria) contained in this
Statement of Work, an Attachment, or a Transaction Document.
April 01, 2009 Page 5 of 5