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HomeMy WebLinkAboutIBM; 2003-03-24; (3)AN IBM GLOBAL SERVICES PROPOSAL FOR City of Carlsbad to provide: Peregrine Product Procurement submitted by IBM 4660 La Jolla Village Drive San Diego, CA 92122 February 21,2003 Statement of Work This Statement of Work defines the scope of work to be accomplished by IBM under the terms and conditions of the IBM Customer Agreement (Agreement) or equivalent. The tasks to be performed by IBM are defined and an Estimated Schedule is provided. In addition, the responsibilities of City of Carlsbad are listed. The Statement of Work contains the following subsections: Scope of Services Key Assumptions IBM Responsibilities City of Carlsbad Responsibilities Estimated Schedule Deliverable Materials Completion Criteria Charges Changes to this Statement of Work will be processed in accordance with the procedure described in Appendix A, "Project Change Control Procedure". The investigation and the implementation of changes may result in modifications to the Estimated Schedule, Charges, or other terms of this Statement of Work. The following are incorporated in and made part of this Statement of Work: Appendix A, "Project Change Control Procedure" . Appendix B, "Peregrine Product list" 1.0 Scope of Services The scope of this project is to procure Peregrine products for City of Carlsbad. 1 .I Key Assumptions This Statement of Work and IBM's estimates to perform its responsibilities under this Statement of Work are based on the following key assumptions. Deviations that arise during the proposed project will be managed through the procedure described in Appendix A. "Project Change Control Procedure". 1. Peregrine products procured under this Statement of Work will be shipped to City of Carlsbad location at 1635 Faraday Avenue, Carlsbad, CA. 2. IBM will provide services under this Statement of Work during normal business hours, 8:OO a.m. to 500 p.m. (local time) Monday through Friday, except IBM holidays, unless otherwise specified. 3. Products will be ordered on a single Purchase Order (as defined below) and delivered to a single location within the United States. 4. IBM and City of Carlsbad Project Coordinators will work together to establish the schedule of product ordering, requested delivery date, and shipment to a designated location. 5. Delivery of product is dependent upon availability from Peregrine. In the event product availability through the normal Peregrine ordering process does not meet the needs of City of Carlsbad, the Project Change Control Procedure may be used to attempt to procure products through other channels. Additional charges for products, project management and administration may apply. 6. All non-IBM products must be approved by IBM's Product Safety Review Board prior to IBM placing your order. If any product does not meet our product safety specifications, IBM with work with you to identify an alternate product. Procurement of an alternate product will occur only upon your approval. In the event that a satisfactory alternate product cannot be identified, this SOW may be terminated by either party without liability to the other party 1.2 IBM Responsibilities The specific Services to be provided under this Statement of Work are described in this section. 1.2.1 Project Coordinator Description: The objective of this task is to provide direction and control of IBM project personnel, and establish a framework for project communications, reporting, procedural and contractual activity. The major sub tasks are: 1. 2. 3. 4. 5. 6. Receive acceptable City of Carlsbad hard copy requests to purchase specific products ("Purchase Order"). Coordinate product ordering and shipping to a mutually agreed City of Carlsbad location. Receive City of Carlsbad Project Coordinator's delivery confirmation. Maintain project communications through City of Carlsbad Project Coordinator. Prepare and submit invoices as products are delivered. Review and administer Project Change Control with City of Carlsbad Project Coordinator. Completion Criteria: This task is complete when IBM has verified the delivery of the value of Peregrine products specified under "Charges", or any subsequent Change Authorization, or IBM has met the criteria defined in the Completion Criteria section of this Statement of Work. Deliverable Materials: None 1.3 City of Carlsbad Responsibilities The responsibilities listed in this section are in addition to those responsibilities specified in the Agreement and are to be provided by City of Carlsbad at no charge to IBM. City of Carlsbad responsibilities include: 1. 2. 3. City of Carlsbad will place the specific order@) with IBM via a Purchase Order. The Purchase Order will contain the product configuration and part number for each product and feature ordered. This Purchase Order will also contain the shipping address for a City of Carlsbad location or the designated staging location. City of Carlsbad is responsible for the validity of the network design, product and feature selection and the use of the products and features ordered under this Statement of Work. City of Carlsbad will receive, and sign for, the products at their designated location. Any visible shipping damage shall be immediately reported to the shipper and the IBM Project Coordinator. 1.3.1 City of Carlsbad Project Coordinator Prior to the start of this Statement of Work under the Agreement, City of Carlsbad will designate a person, called City of Carlsbad Project Coordinator, to whom IBM communications will be addressed and who has the authority to act for City of Carlsbad in all aspects of the contract. The Project Coordinator's responsibilities include: 1. 2. 3. 4. 5. Serve as the interface between IBM and all City of Carlsbad departments, organizations and sites participating in this project. With the IBM Project Coordinator, administer Project Change Control. Obtain and provide information, data, decisions, and approvals within five (5) working days of IBM's request, unless both IBM and City of Carlsbad agree to an extended response time. Help resolve project issues and escalate issues within City of Carlsbad organization, as necessary. City of Carlsbad Project Coordinator will confirm receipt of products in writing. Such confirmation shall be delivered to the IBM Project Coordinator within forty-eight (48) hours of receipt of the products. In the event City of Carlsbad Project Coordinator's delivery verification is not received, then IBM will use the shipper's verification of delivery as the confirmation of receipt. 1.3.2 Other Terms and Conditions 1. 2. 3. 4. 5. 6. 7. 8. City of Carlsbad is solely responsible for the actual content of any data file, selection and implementation of controls on its access and use, and security of the stored data. City of Carlsbad agrees to allow IBM and its entities to store and use your contact information, including names, phone numbers, and e-mail addresses, anywhere they do business. Such information will be processed and used in connection with our business relationship, and may be provided to contractors, Business Partners, and assignees of IBM and its entities for uses consistent with their collective business activities, including communicating with you (for example, for processing orders, for promotions, and for market research). Peregrine will transfer title and product licenses to City of Carlsbad and begin any applicable manufacturer warranty upon shipment to your location or any designated staging location Warranty terms are as in the IBM Customer Agreement. IBM provides non-IBM products WITHOUT WARRANTIES OF ANY KIND. However, non-IBM manufacturers, suppliers or publishers may provide their own warranties to you. For Peregrine services, IBM is acting solely as an agent to Peregrine in facilitating the transaction and has no ongoing obligations or liabilities related to such transaction. Should City of Carlsbad elect to modify or extend these Peregrine services procured on your behalf, it will be your responsibility to initiate such transaction. Once shipped by the manufacturer, products cannot be returned for credit. IBM will return damaged or defective products to the manufacturer for repair or arrange to have them repaired onsite. Either the City of Carlsbad or IBM may terminate this Statement of Work, upon written notice, should the IBM/Peregrine relationship change. 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 California. Any proceedings relating to the subject matter of this Agreement must be maintained in the California State courts or appropriate Federal courts located in the State of California. I .4 Estimated Schedule Estimated Start Date = April 7,2003 Estimated End Date = April 25,2003 Reasonable effort shall be made to keep the schedule dates intact. IBM shall not be responsible for delays or additional requirements imposed by any government agencies, labor disputes, fire, unavoidable casualties, unforeseen conditions or other situations beyond IBM’s control. 1.5 Deliverable Materials The following Materials will be delivered to City of Carlsbad under this Statement of Work. Type I Type II None None 1.6 Completion Criteria IBM shall have fulfilled its obligations under this Statement of Work upon receipt and sign-off by the City of Carlsbad for the Peregrine products listed in Appendix B. 1.7 Charges The Peregrine product pricing authorized by you and specified in this Statement of Work, does not imply or commit a fixed-price contract. If Peregrine changes their published list price, we will inform you as soon as practical. In such event, you may authorize the modified price or terminate our Services. If you choose to terminate our Services, you agree to pay us for all products ordered prior to such termination. Peregrine products to be procured under this Statement of Work are priced as listed in Appendix B. The funding requirement is $26,100 plus applicable taxes and shipping charges. This amount is based upon the quantities and product mix shown. Changes to Appendix B may be made using the Project Change Control Procedure in Appendix A. Once a Purchase Order has been processed through the Peregrine ordering system, changes to the order (including canceling of an order and placing a new order) will incur an administrative charge of $200.00 to be invoiced to City of Carlsbad. If City of Carlsbad cancels all or parts of a Peregrine order less than fifteen (15) days prior to the scheduled delivery date, City of Carlsbad agrees to pay any cancellation penalty imposed by Peregrine. Such cancellation penalty will not exceed 10% of the purchase price of the canceled order. The pricing includes labor for IBM’s administrative handling only. IBM technical assistance is available at an additional cost. Shipping charges incurred by IBM during the performance of this Statement of Work and applicable federal, state and local taxes are not included in the prices in Appendix B but will be invoiced to City of Carlsbad. IBM will invoice you when the Peregrine products are delivered to your location or to a designated staging location. Invoices are payable upon receipt. We agree to provide the Procurement Services described in this SOW provided you accept this SOW, without modification, by signing in the space below on or before 3/28/03. Each of us agrees that the complete agreement between us about these Services consists of 1) this Statement of Work and 2) the IBM Customer Agreement (or any equivalent agreement signed by both of us). Agreed to: h Authorized Name MAR 272003 Customer Name: City of Carlsbad Customer Number: 1795302 Customer Address: 1635 Faraday Avenue Carlsbad, CA 92008-7314 Agreed to: U ~~tt~orized Signature Autbr!zed Name (print)- J. Michael Mahon IBM Customer Agreement Number: DK21217 Statement of Work number: IBM Office Number: BLQ - PB403 IBM Office Address: IBM Corporation 4660 La Jolla Village Drive San Diego, CA 92122 Form V070402 Appendix A. Project Change Control Procedure If, in the course of the Agreement, changes to the Project are proposed by IBM or the City, and informal consultation with the other party indicates that a change in the terms and conditions of the Agreement may be warranted, IBM or the City may request a change in the Agreement. The changes must be processed in the following manner: IBM will forward a letter outlining the proposed changes, including any changes in the fees, the Statement of Work, the Project Schedule, or related document, to the City. City staff will prepare an Amendment to the Agreement and submit it for approval according to the procedures described in Carlsbad Municipal Code section 3.28.080. Any Amendment to this Agreement will not render ineffective or invalidate any unaffected portions of this Agreement. The IT Director may approve scheduling and similar administrative changes, provided these changes do not significantly affect the compensation, term, or substantive provisions of the Agreement Appendix B. Peregrine Product List IND 1,000 Devices (software) Network Appliance (hardware) Peregrine Annual Maintenance (classic) Estimated Charges 24,000 4,500 3,600 18,000 4,500 3,600 26,100