HomeMy WebLinkAbout1981-05-26; City Council; 6609; Approval of Computer Maintenance AgreementCITY OF CARLSBAD
AGElmA BILL NO. ___ /,____..,/,.__Q..._.,.f _______ _
DATE: _"_~ay 26 1 1981
DEPARTMENT: Finance Department
Subject: Approval cf Computer Maintanance Agreement
Statem~nt of the Matter
J''O ~~c0
Initial: J:-·
Dept.Rd.
C. Atty.",_\) ___ f0.,.,,._.
C. Mgr. ---
fhe City ·;s in the 9rocess of installing a new data processing system \'lhich has
been purchased from Hewlett-Packard (ij. P.), the computer manufacturer In order to
guarantee a 90 day warranty period after installations the City m1,1st execute the
attached maintenance agreement covering a 12 month period from the date of installation.
Exhibits
H.P. maintenance ,coptractu
Resolution No. l.iS:'il
Fiscal ~moa~
There is no fiscal impact for 1980-81. 1981-82 has funds budgeted for this cost
} in the finance and water department budgets. n.e annual cost of computer maintehance Will be $8,076.
Recommendation -----
Adoot Resolution No. 6_5 '17 contract.
AeeROVED
authorizing the Nayor to execute the attached
F/ji8 HEWLETT
11:/!a PACKARD
Mr. Jim Elliott
City of Carlsbaa
1200 Elm Avenue
Carlsbad, California 92008
Il!::ar Mr-Elliott:
March 23, 1981
we are pleased to present the enclosed Customer Support Services Agreement
on the Hewlett-Packard 3000/30 Computer System presently on order with
Hewlett-Packard.
The enclosed Agreement defines the obligations of both Hewlett--Packard and
the City of Carlsbad for our Standard Syste Maint~nance Service at the prices
quoted. In order to initiate the Agreement we need the signature of an author-
ized representative of the City of Carlsbad on the Agreement form and the
signe.d Agreement returned to Hewlett-Packard along with a Purchase Order. Up-
on acceptance by Hewlett-Packard a copy will be retu~ned for your records. The
prices quoted are current published prices and are firm for thirty (30) days.
Once the Agreement (Form 9320-4077) is signed, it will remain in effect until
terminated by either party. After the effective date of the Agreement orders
for additional services or changes may be issued at any time subject to accep-
tance by Hewlett-Packard. Orders must reference the Agreement No., applicable
Exhibit(s). and the services being ordered.
Thank you for the opportunity to present our service and we look forward to
fulfilling your service requirements, If you have any questions, please do
not hesitate to contact us.
Sincerely,
HEWLETT-PACKARD COMPANY
~Y~GI)J~
William Golden
WG:ba
Encl.
cc: Mr. Mike McMahon, Sales Representative
Branch Administrative Manager
HEWLETT
PACKARD
JI ,_
AGREEMENT BETWEEN _____________ AGREEMENT NO. ___ _
AND HEWLETT-PACKARD COMPANY EFFECTIVE DATE ___ _
1. GENERAL INTENT
Hewlett.Packard Cnmpany ("HP") will provide support serviCH
described herein to the el!.tent these services are ord~red by th1t
Customer. Detailed descriptions of tht support ser\'ices ottered are
contained in th11 Exhibits v,hich are attached or sub~uently added.
The Customer may a11thoriz1t support se,vices as a part of tha initial
Agreement or by subsequent orders. The Agrfffflent will continue in
effect until terminated by either pa,ty.
2. ELIGIBLE PRODUCTS
a. The Cu~tomer represents that it is the owner of th11 products
which are to bit supported under this Agretment, or has
authority from the owner to includt• such products under
this Agreement.
b, Only HP products which are in normal operating condition, and
as applicable those products which are currently at HP's specified
revision levels, are eligibla foe cove1391 undar this Agreement, If,
in HP's opinion, maintenance of any prodl.'ct is required to
return it to normal operating condition or to bring any appli•
cable product to the specified revision level, HP will offer to
perform such work at standard service rates prior to placing
the product on this Agreement.
3, ORDERS
a. The Customer may initially ordltt' support servie1n to com•
mence upon the Effective Date of th El Agreement and thereafter
may at any time issue orders for additional services, delete
services previously ordered, or add or delete products to be
supported. All ordel'l are subject to acceptance by HP. The
support services charges shall be adjusted appropriately in
accordance with paragraph 10.
b. Orders must referPnce this Agreement and applicable Exhibits,
list services being ordered and products supported, and show the
desired Commencement Date for services, Invoicing instructions,
and purchase order number or similar identifier. Ordel'l should
be sent to the office designated by HP. Throughout this
Agreement, "orders" shall ba understood to mean purth3$e
orders, change orders, letters 3nd signed El!.hibits which
authorize services, and any other written authorizati011s,
4. CONDITIONS OF SERVICE
HP shall be under no obligation to furnish supl)ort services under
this Agreement should repair be required becau~ of 111 improper use;
(21 natural disasters such as flood or earthqu~ke; (31 strikes, riots, or
a.:ts of war or nuclear disaster; (4) repairs, maintenance, modification,,
or relocation and reinstallation m.>de by other than HP persorin11I or
without HP's supervision and approval: 151 unusual shocl< or electric.ii
dam;ige, accident, fire or water dam.>g!I, neglect, air conditioning failura,
humidity control failure, a corrosi~ atmo,phere harmful to electronic
circuitry, damage durlnp transportation by the Customer, or causes
other than ordinary use; and (61 failure by Customer to maintain the
site specifications recommended by HP. If support services are required
as a res:ilt of the causes stated above, such service shall be provided at
HP's standard service rates for labor, travel, and m.iter;a1 in effect at
the time of service.
S, MODIFICATIONS TO PRODUCTS
HP may, at its option, with no 11dditional charge to the Customer,
make modifications to irnprow the operation and/or relinbility of the
products being serviced under this Agreemsnt.
6, RELOCATION OF PRODUCTS
a. The Cu1t<lmer shall give HP thirty (:l0) days 1witten notice prior
to any relocation of products covered by on-site support services
being provided under this Agreement,
b. Products moved to a location within the contiguous United
States shall continue to be serviced under this Agreement, The
response time and char!}ils will be adjustccl to reflect the new
location.
c. Products moved outsid.i th~ contiguous U111tcd States may con•
ttnuc to be serviced undu this Agreement, at the optiori of •1P.
!)320•4017 (Ro~. 3/80)
The urvices to be provided and chargtt for such serYicH shall
be subject to mutual agreement.
d. For installed products which will continue to bt serviced, HP, at
Its option, shall SUPl!fViS. tha dismantlint and packing of tht
products and shall inspect and reinstall thir products at tht new
location. These services, it provided, shall be at addltlonal ch~,p
based on HP's standard service rattt in effect at tho tim1. The
Customer shall furnish all labor and mat.,ials for th• dismantllng,
packing, and, placement of tht products In th• new loc:.tlon.
e. The Customer shall be responsiblt for any lou. or dom191 to
the products during relocation.
7. EXCLUSIONS
HP's support services do not includ& ('i) opeming suppliH and
consumable,, (2) refinishing th~ products or furnishing materials for
that purpose, (31 electrical work external to the producu, (4) main•
tenance of accessories, attachments or products not specified herein
or on subseqi.ent orders, or 151 any other services not $pecifically
described herein.
8. TERM
a. This Agrument shall commence on the specified Effective Date
and end upon termination by either party.
b. The Customer may terminate this Agreement at any time upon
thirty (30) days written notice to HP and HP may terminal!! at
any time after the first twelve (12) months upon sixty (60)
days written notice to the Customer.
c. HP agrees to offer support services for products covered here-
under for a minimum of five (5) years from the date of com-
pletion of last regular production of ti product with the same
model number.
d. The minimum tenn of any order shall ba three (3) full months
unless otherwise spe<:i"~ on tha applicable Exhibit. If \lie
Customer orders less than twelve 112) months of ar>" service,
the administration charge specifi~ in paragraph 10.b. shall
apply to that service unless otherwise specified on th& a?pli•
cable Exhibit.
e. The Customer may terminate any order issued pumunt to this
Agreement at any tim1: upon thirty (30) days written notice
to HP. During the first twelve (12) months of this Agreement,
HP may termin.1t11 Its provision of services under any ord11r
only for causes specified herein and with sixtY (60) days written
notice to the Customer. Aftertwleve (12) months.only sixty (60)
days written notice by HP is required.
9. WARRANTY FOR SUPPORT SERVICES
a. For hardware products serviced hereunder, warranty shall M
limited to the coriection of any defectiw-services by restoring
the producti to good operatin9 condition. WarrantY provided
hereunder for soltwara and documentation services shall be
limited to providing t~e software support and docu~ntation
ssrvices selected by th& Customer.
b. NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. HP
SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES
OF MERCHANTABILITY ANO FITNESS FOR A PARTICU•
LAA PURPOSE.
c, THE REMEDIES PROVIDED HEREIN ARI: CUSTOMER'S
SOLE AND EXCLUSIVE REMEDIES. UP SHALL NOT Of:
LIABLE FOH ANY DIRECT, INDIRECT, Sl'ECIAL. INCi•
DENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER
BASED ON CONTRACT, TORl. OR ANY OTliER LEGAL
THEORY.
10. CHARGES
a. The charges s~cif,ed are those currently in effect. These char~
may be changed provided that UP has notified the Customer in
writ\119 o! any mcre~.e at least sixty (60) days prior 10 in11oicin!)
at the incrc~iud rJt~.
b. Any order Issued pursuant to this Ar· 1ent which h3S a term
of less th.in one year or is chan!i.J.ld to rus than one year by thtt
Customer shall be subject to an administration charge equal to
one monthly charge or on11 twelfth (1/12) of the annual ch.irgs,
unless otherwi,-provided in the applicable Exhibit,
c. Th11 cu,r.,.,,., __ m;iy prtf>-iY-servi_cM .uD to on11 {I I vear in ad·
vance at HP's prev:iiling charge at time of payment. Prepaid
services must ha1111 1 Commencement Oat• not more. than
ninetY (90) days after p3yment. lncreHts that would otherwise
take effect during tlie prepaid period shall be delayltd until th11
end of tht period, but shall be effective at the start of any
substqUfflt prepaid p,1riod.
d. Charges for service, performed 01mict. the specili!ld periods of
coverage and fo; servi~ts not covtr!ld by this Aoreemtnt will be
invoiced separately at HP's stanc!ard servie1t rat1t1.
•• When the Custome, r,qutstJ that HP Incur commercial travel
and per diem eicpenses because of extended travel not Included
In th• coverage, th1s1 ticPtntes will bt chargtd to th• Customer
and shown as separate items on tht HP invoice.
f, Unless othtMbt stated In writing by HP, all chargtt shall be
exclusive of state and local uso, salts, propertY (ad valorem) and
similar taxes. Th, Custom.,, agret1 to pay such taxes and, when
applicable, such taxes will app,ar as separate Items on HP's
lnvoic'!, :
11. INVOICING
•• Charges for support services will be Invoiced In advance, as
specified herein and on ;;ny subsequent order,, Any administni•
tion charge will be Invoiced in advance or as soon es It becomes
opplicablt, Invoices for othu chargn described in paragraph
10 will be submitted as tlie charges are Incurred.
b. HP reserves the right to increase Its minimum Invoice amount
provided that HP has notified the Customer in writing at least
sixty (60) days prior to applying the n,w minimum.
c. Unless otherwlw stated in writing bV HP, tht Customer shall
pay all lnvoil;es h.sut<! under this AgrNment within thirtY 130)
days from datt of invoice.
12. ORDER OF PRECEDENCE
lhis Agreement and any attachm1111ts hereto take prec:9d11t1c1 over
th• Customer's add!tional or diH8rent terms and condition, and con•
stitute the entire understanding betw"n the parties relating to 'trans•
actions hereunder. Acceptance by the Customer Is limited to HP's
terms and conditions. Notice of objection is hereby given to the
Custom11r's additional or different terms and conditions. Neither HP's
commencement nor completion of performan~e shall be deemed or
construed as a~ceptance of the Customer's additional or different
terms and conditions.
13, MISCELLANEOUS
a. Any. attempt to assign or transf11r any of the rightt, duties, or
obligations herein shall rendr;r such attempted aS3ignment or
transfer -null and void,
b, This Agreement shJII In all respects be governed bv tht laws of
the State of California. The p3tti" hereby agree that any dis,
pute r11latln9 to the services sold hereunder shall be subject to
the jurisdlction of the courts within the State of California.
AGREED TO THIS
day of _______ _ 19_
City of Carlsbad
t.:USTOMt:R
AUTUORIZCD fl~l'RltSli:NTATIVlt
RONA.LUC. PACKARD
?"AYOR
Title:----------------
1200 Elm Avenue
ADDHl!SS 01' Oll:SIGNATt:D tlOTll'ICI\TION OFFICll:
Carlsbad, CA 92008
CITV ZIP
r-
e, HP reser11&s \ ight to withhold without liobilitY but with
prior written notic1t any services authorized by the Customu
under this AgrNment if the Customer is delinq~nt In payment
for any service,, and to chang11 the credit terms herein whet1, In
HP's opinion, the financl:11 conditi0t1 or previous Pl'lfflent
record of the Customer so warranu.
d. In th!I event of any proceedings, voluntary or lrivoiuniaiv, In
bankruptcy or insolvency by or against tht Customer, or in
the event of the appointmMt, with or without th• Customer's
consent, of an assignat for :he benefit of creditors, or of a
receiver, HP may elect to cancel any unfilled part of this
Agreemeftt.
•• HP's failure to t'lltrcise any of Its rights hereundtr s.'lall not
constitute or be deemed a waiver or forfeiture of such ri;hu.
f. Sttnographical, t'fpographic.il, and clerical error.a are subJtet to
correction.
g, No U.S. Government procurement regulationt shall be binding
011 either party unless specifi:ally 19. Nd to In 'writing prior tt1
lnc1 rporation nereln.
h. Any notices required to bt given hereunder shall be giVtn in
writir.g at the address of each pa,ty set forth below or to
such other address as either party may substltut1 by written
notice to the othl!f',
14, EXHIBITS
a. Exhibits which ar& Initially applicabt~ arc shown below or on
an attached Exhibit Uu. A copy of eaeh such Exhibit Is also
attached and hereby madt a part of this Agreement. HP may
offer new f:xhibits by forwlfdina a copy of each to 1.h_e
Customer. An order to provldt any of tho support services dt•
scribed in a new Exhibit shall constltut• acceptance ty the
Customtr and this Agreement shall then Include that Exhibit.
b. HP may reviso Exhibits currently In use r,rovicJed only that n? has forwarded the revised Exhibit to the CuJtome, at least
sixty (60) days prior to Its effective dat•. If HP so states, the
Customer may elact to continue recaiving support services
under the 1xistlng Exhibit,
TITLE DATE/REV.
Standard System Maintenance
Service (Exhibit 2A)
15, ADDITIONAL AUTHORIZATION
4/80
II an Additional Authorizations Paga Is attachtd, th• CUstomrr
hereby authorizes HP to accept orders directly from the organi,ations
listed on that paga. All term• and condition.a specified herein'
shall be applicable.
ACCEPTED THIS
_ ___ day of 19_
HEWLETT-PACKARD COMPANY
'l"ELEl'HONI!. NO,
AUTHORIZlo:D IU!PRt:511:NTATIVI!
Title:_
9606 Aero Dr.
ADDRli:SS OF Dli:SIGNI\Tt:D NOTIFICATION Ol'l"ICt:
San Diego Cn. 92123
CITV STA'l'll:
~---------"--------..
. tr§~ ~!~KL:;6 I ' ,.,-, CUSTOt\.~ER SUPPORT SERVICES
AGREEMENT
J'
ORDER FOR SUPPORT SPECIFIED ON EXHIBIT. ___ 2A;.;_ __ _ CONTROL NUMBER...-24042256Q'
OF AGREEMENT NO., _____ OATEO ____ _ ORIGINATING DATE ~23MARQ
REVISION DAT.__E __
COMMENCEMENT DATE_, ___ _
EQUIPMENT LOCATION o t/ If same as Invoice to Address
COMPANY. Carlsbad, City Of
PURCHASE ORDER NO, __________ _
INVOICE SCHEDULE:
STREET. 1200 Elm A ~MONTHLY O QUARTERLY □ ANNUALLY
CITY. Carlsbad
STATE Ca ZIP. 92008
0 ADVANCE (Short Term Option)_Months,
TELEPHONE 557-0966
:1 CONTACT_Mr. Jim Elliot
AGREEMENT CONTACT □.t/ if same as Invoice to Address INVOICE TO ADDRESS
COMPANY. Carlsbad, City Of qOMPANY. _____________ _
STREET. _____________ _
STREET. 1200 Elm Ave. CITY. ________________ _
CITY. Carlsbnd STATE: __________ ZIP-____ _ STATE Ca 71P. _ __.9u.2..,.0""'08"--_
ATTENTION MARKFQ,,__ ______________ _
ITEM NO. PRODUCT NO. S'ERIALNO. DESCRIPTION/COMMENTS QTY. UNIT EXTENDED'
CHARGE CHARGE
01 32430C HP3000 Series 30 0l $ 215.00 $ 215.00
Option 201 Add Console Table 0l N/A N/A
Option 002 l600BPI i'l.T. S/r'1 N/A N/A
02 2649E Console S/30&33 0l $ 48.00 $ 48.00
03 30079A Gen I/0 Channel 0l $ 13.00 $ 13.00
Option 030 S/30 GIC Cable Ol o.oo o.oo
04 7970E Digital Unit 01 $ 88.00 $ ss~oo
05 260811 400 LP,'! Printer 0l $ 99.00 $ 99.00
Option 333 1IP3000 30/33 S/S . o.oo o.oo
06 79251'1 l20UB Naster Drive 0l $ 104.00 $ lOB.00
-Option 102 Add HP-ID Adapter 4.00
-
TOTAL CHARGE THIS PAGE$_ 52 Z 1 00
QUOTATION PRICES ARE FIRM FCR 30 DAYS -------------INTERNAL USE SUMMARY OF CHARGES
Repair omce·----------Monthly Chmgo Summary s__
System Type _________ _ Extended Travel (H.P. Zono_) __ <fo $, __ _
Customer No. _________ _ Extoncted Coverage (8 AM to ___ days wk)_%$, __ _
Order No,, __________ _ Other ______________ %;;).$ __ _
Prepared By, _________ _ TOTAL MO~mtLY CHARGE..;).$ __ _
Pago1 of __
l
··" fT/,ul HEWLETl J ~~ PACKARD
CUSTOMER supl uRT SERVICES
AGREEMENT
✓-
ORDER FOR SUPPORT SPECIFIED ON EXHIBIT. 2A CONTROL NUMBER,__=24=04=2=2::.:56~9--OF AGREEMENT NQ. _____ DATEO, ____ _
ITEMNO. PRODUCT NO. SERIAL NO. DESCRIPTION/COMMENTS QTY. UNIT EXTENDED
CHARGE CHARGE
07 2645A Di.splay Station 03 $ 28.00 $ 84.00
08 132'3211 /o!odem Cable 03 $ o.oo $ o.oo
; 09 30018A ADCC-Nain 0l $ 9.00 $ 9.00
Option 030 S/30 11.DCC-l-1 CBL 01 o.oo
l0 30019A ADCC-Extender 0l $ 9.00 $ 9.00
Option 030 S/31J ADCC.-E CBL 01 o.oo
ll 30062C Ext. Cable 25 Ft. 02 $ o.oo 1$ o.oo
Option 002 Ext. CBL. 100 Ft. 02 o.oo
12 I 30062C Ext. Cable 25 Ft. 0l $ o.oo s o.oo
Option 001 Ext. CBL, 50 Ft. 01 o.oo
13 322l3C Cobol/ 3000 S/W N/A :,l/A
.
J_
\
TOTAL CHMGE THIS PAGE$ l02 • OO
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RESOLUTION NO. 6547 -----
A RESOLUTION OF THE CITY COUNCIL OF tRE CITY
OF CARLSBAD, CALIFORNIA, AUTHORIZING THE
MAYOR TO EXECUTE A MAINTENANCE AGREEMENT WITH
HEWLETT PACKARD FOR THE MAINTENANCE OF THE CITY'S
HEWLETT PACKARD COMPUTER SYSTEM
WHEREAS, the City of Carlsbad has purchased a computer
system manufactured by the Hewlett Packard Company; and
WHEREAS, it is in the City's inter~st to mainta~n this
computer system in a effecient and effective manner; and
WHEREAS, the Hewlett Packard Company has m~da aiailable to
the City of Carlsbad a ,Customer Support Servic'e Agreement whi,ch
guarantees continued maintenance of this computer system;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are trua and correct.
2. That certain agreement between the City of Carlsbad and
Hewlett Packard Company fo~ maintenance of the computer system,
a copy of which is hereby attached hereto marked Exhibit "A" and
made a part hereof, is here by ,approved.
3. That the Mayor of the City of Cart,bad is hereby
authorized and directed to execute said ~greement for and on
behalf of the City of Carlsbad.
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PASSED~ APP·»_~ ,ED AND ADOPTED at an acLjoorned r.egu
0
b.r Iiii:ei:ing
of the City Council of the City of Carlsbad held the 26th day of
May _, 1 981 , by the f o 11 owing vote , to wit :
4 AYE s : Council M2rnbers Packard, Anear, Lewis and Kul.chin
5 NOES: None
6 ABSENT: Council 1-'iember Casler
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