HomeMy WebLinkAboutIBM; 2003-03-24;IBM Statement of Work for Project Support Services
Hourly Services
We will provide Hourly Services, as described below in the Scope of Services, to assist you with your project. You
are responsible for project management and for any results achieved. The hours authorized by you and specified
below do not imply or commit a fixed-price contract. If we determine that it is necessary to exceed the hours or the
Estimated End Date, we will inform you as soon as practical. In such event, you may authorize additional hours or
extend the Estimated End Date in writing. If you altematively choose to terminate our Services, you agree to pay
us for the actual hour’s expended and any actual travel and living expenses (incurred by us) through the
termination of the project.
The parties agree that this Agreement and performance under this Agreement will be governed and construed in
accordance with the laws of the State of Califomia. Any proceedings relating to the subject matter of this
Agreement must be maintained in the Califomia State courts or appropriate Federal courts located in the State of
Califomia.
Charges:
We will invoice you monthly for dual hours of Service at the rates and minimums in effect when we provide our
Service. Actual travel and living expenses not to exceed 10% of services, will be invoiced separately. We may
increase rates and minimums by giving you three months written notice. Invoices are payable upon receipt.
Required Consents:
You are responsible for promptly obtaining and providing to us all Required Consents necessary for us to provide
the Services described in this Statement of Work, A Required Consent means any consents or approvals required
to give us or our subcontractors the right or license to access, use and/or mod@ (including creating derivative
works) the hardware, software, firmware and other products, to enable us and our subcontractors to perform the
Services set forth in this Statement of Work without infringing the ownership or license rights (including patent
and copyright) of the providers or owners of such products.
You will indemnify, defend and hold us, our affiliates, and subcontractors, harmless from and against any and all
claims, losses, liabilities and damages (including reasonable attorneys’ fees and costs) arising from or in
connection with any claims (including patent and copyright infringement) made against us, alleged to have
occurred as a result of your failure to provide any Required Consents.
We will be relieved of the performance of any obligations that may be aEected by your failure to promptly provide
any Required Consents to us.
Data Privacy:
Both of us have the right to store information on how to contact each other’s employees, such as names, phone
numbers and e-mail addresses in any country where you or any IBM organization, or any provider of service either
of us engages, does business. Each of us may use such information solely to fulfill our respective obligations under
this Agreement.
Subcontractors:
IBM is not planning on using any subcontractors for the performance of the Services under this Statement of
Work.
Deliverable Materials:
There are no Deliverable Materials under this SOW
Completion Criteria:
Services will end when 1) you advise us, in writing, that Mer Services are not required, or 2) we provide the
specified number of hours of Services, or 3) the Estimated End Date is reached.
IBM Statement of Work for Project Support Services
Scope of Services:
IBM will provide the following resource at the hourly rates specified:
Resource Type
Estimated Charges
$18,480 $23 1 80 Peregrine Assetcenter Specialist
Charges
Estimated Hourly Rate Estimated Hours
$18,480
Peregrine AssetCenter/INDm)D Specialist - IBM will provide a skilled Peregrine technical resource to
assist the City of Carlsbad with installation, configuration, and a test environment for Infratools Network
Discovery (IND). This level of effort will assist your staff in the automatic importation of network discovery
information from your enterprise into a Peregrine's IND device. Data scrubbing and normalization are not
part of the installation or testing methods used in this baseline implementation.
Estimated Charges: $18,480 plus applicable taxes. IBM will invoice you monthly for the aduul hours of Services
provided. Actual travel and living expenses, if applicable, will not to exceed 10% of the estimated charges and will
be invoiced separately.
We agree to provide the Services described in this statement of work provided you accept this statement of work,
without modification, by signing in the space below on or before March 28,2003.
Both of us agree that the complete agreement between us about these Services will consist of 1) this Statement of
Work; and 2) the IBM Customer Agreement (ICA) # DK21217
Agreed to: Agreed to:
International Business Machines Corporation
ByAbm wL
Authorized Signature Date MAR 2 4 2003D.t.
Authorized Name (print) hfnobJb%.?&C!w
Customer Number 1782590
Authorized Name (print) J. Michael Mahon
IBM Customer Agreement Number: DK2 12 1 7
Customer Address: 1635 Faraday Avenue Contract Number:
Carlsbad, CA 92008-7314 IBM Office Number: BLQ PI3403
Project Name or Identifier Peregrine Hourly Assist
Estimated Start Date: April 7,2003 San Diego, CA 92121 IBM Off~ce Address: 4660 La Jolla Village Dr.
Estimated End Date: April 25,2003