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HomeMy WebLinkAbout1981-05-26; City Council; Resolution 65471 2 3 4 5 6 7 8 9 10 11 12 12 14 15 16 17 1E 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6547 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A MAINTENANCE AGREEMENT WITH MEWLETT 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 interest to maintain this computer system in a effecient and effective manner; and WHEREAS, the Hewlett Packard Company has made available to the City of Carlsbad a Customer Support Service Agreement which 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 true and correct. 2. That certain agreement between the City of Carlsbad and Hewlett Packard Company for maintenance of the computer system, a copy of which is hereby attached. hereto marked Exhibit "A" and made a part hereof, is hereby approved. 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. // // // // // // I I 1 1 I I I I 1( 3.1 1: 1; 14 1: 1( 17 1€ 1s 2c 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at an adjourned regular meeting of the City Council of the City of Carlsbad held the 26th day of by , 1981, by the following vote, to wit: AYES : Council Wers Packard, hear, Lewis and Kulchin NOES: Nme ( SEAL 1 AGREEMENT BEWEEN AGREEMENT NO. AND HEWLE"TT-PACWR0 COMPANY 1. GENERAL INTENT Hewlett-Packard Company ("HP") will provi& support services described herein to the extent thew services are ordered by the Customer. Detailed descriptions of the support services offered are contained in the Exhibits which are attached or subsequently added. The Customer may authorize support services as a part of the initial Agreement or by subsequent orders. The Agreement will continue in effect until terminated by either party. 2. ELIGIBLE PROBUCTS a. The Customer represents that it is the owner of the products which are to be supported under this Agreament, or has authority from the owner to include 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 eligible for coverage under this Agreemenr. If, in HP's opinion. maintenanie of any product 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. b. The Customer may initially order support services to com- mence upon the Effective Date of the 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 orders are subject PO acceptance by HP. The support services charges shall be adjusted appropriately in accordance with paragraph 10. Orders must reference 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. Orders should be sent to the office designated by HP. Throughout this Agreement, "orders" shall be understood to mean purchase orders, change orders, letters and signed Exhibits which authorize services, and any other written authorizations. 4. CONDiTIONS OF SERVICE HP shall be under no obligation to furnish support services under this Agreement should repair be required because of (1) improper use; (2) natural disasters such as flood or earthquake; (3) strikes, riots, or acts of war or nuclear disaster; (4) repairs, maintenance, modifications, or relocation and reinstallation made by other than HP personnel or without HFs supervision and approval; (5) unusual shock or electrical damage, accident, fire or weter damage, neglect, air conditioning failure, humidity control failure, a corrosive atmosphere harmful to electronic circuitry, damage during transportation by the Customer, or causes other than ordinary use; and (6) failure by Customer to maintain the site specifications recommended by HP. If support services are required as a result of the causes stated above, such service shall be provided at HP's standard service rates for labor, travel, and material in effect at the time of service. 5. MODIFICATIONS TO PRODUCTS HP may, at its option, with no additional charge to the Customer, make modifications to improve the operation andlor reliability of the products being serviced under this Agreement. 6. RELOCATION OF PRODUCTS a. The Customer shall give HP thirty (30) days written notice prior to any relocation of products covered by on-site suppon 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 charges will be adjusted to reflect the new location. c. Products moved outside the contiguous United States may con- tinue to be serviced under this Agreement, at the option of HP. EFFECTIVE RAE The services to be provided and charges for such services shatl be subject to mutual agreement. d. For installed products which will continua to besewiceb, HP, at its optioo, shall supervise the dismantling and packing of rhe products and shall inspect and reinstall the products at the nw location. These services, if provided, shall be at additional charge based on HP's standard service rates in effect at the time. The Customer shall furnish all labor and materials for the dismantfing. packing, and placement of the products in the new location. e. The Customer shall be responsible for any loss OF damage to the productr during relocation. 7. EXCLUSPQNS HP's support services do not include (1) operating supplies and consumables, (2) refinishing the products or furnishing materials for that purpose, (3) electrical work external to the products, (4) main- tenance of accessories, attachments or products not specified herein or on subsequent orders. or (5) any other services not specifically described herein. 8. TERM 9. WARRANlY FOR SUPPORT SERVICES a. b. C. d. e. This Agre-emrit shall commence on the specified Effective Date and end upon termination by either party. The Customer may terminate this Agreement at any time upon thirty (30) days written notice to HP and HP may terminate at any time after the first twelve (12) months upon sixty (60) days written notice to the Customer. 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 a product with the same model number. The minimum term of any order shall be three (3) full months unless otherwise specified on the applicable Exhibit. If the Customer orders lass than twelve (12): months of any service, the administration charge specified in paragraph 10.b. shatl apply to that service unless otherwise specified on the appli- cable Exhibit. The Customer may terminate any order issued pursuant to this Agreement at any time upon thirty (30) days written notice to HP. During the first twelve (12) months of this Agreement, HP may terminate its provision of services under any order only for causes specified herein and with sixty (60) days written notice to the Customer. Aftertwleve (12) months,only sixty (601 days written notice by HP is required. For hardware produns serviced hereunder. warranty shall be limited to the coriection of any defective services by restoring the products to good operating condition. Warranty provided hereunder for software and documentation services shall be limited to providing the software support and documentation services selected by the Customer. NO OTHER WARRANTY IS EXPRESSED OR IMPLtED. HP SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES LAR PURPOSE. THE REMEDIES PROVIDED HEREIN ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. HP SHALL NOT BE DENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT. TORT OR ANY OTHER LEGAL THEORY. OF MERCHANTABILITY AND FITNESS FOR A PARTICU- LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCI- 10. CHARGES a. The charges specified arethose currentty in effect. These charges may be changed provided that HP has notified the Customer in writing of any increase at least sixty (60) days prior to invoicing at the increased rare. 9320-4077 (Rev. 3/80) .- 4r b. C. Any order issued pursuant to this A Bab, ent which has a term of less than one year or is changed to less than one year by the Customer shalt be subject to an administration charge equal to one monthly charge or one twelfth (1/12) of the annual charge, unless otherwise provided in the applicable Exhibit. The Customer may prepay services UP to one (1) year in ad- vance at HP's prevailing char9 at time of payment. Prepaid services must have a Commencement Date not more than ninety (90) days after payment. Increases that would otherwise take effect during the prepaid period shdl be delayed until the end of the period, but shall be effective at the start of any subsequent prepaid period. Charges for services performed outside the specified periods of coverage and for services not covered by this Agreement will be invoiced separately at HP's standard service rates. When the Customer requests that HP incur commercial travel an$ per diem expenses because of extended travel not included in the coverage, these expenses will be charged to the Customer and shown as separate items on the HP invoice. Unless otherwise stated in writing by HP, all charges shall be exclusive of state and local use, safes, property (ad valorem) and similar tax=. The Customer agrees to pay such taxes and, when applicabte, such taxes will appear as separate items on HP's invoice. 11. INVOIClNG a. Charges for support services will be invoiced in advance, as specified herein and on any subsequent orders. Any administra- tion charge will be invoiced in advance or as soon as it becomes applicable. Invoices for other charges described in paragraph IO will be submitted as the chargas 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 new minimum. c. Unless otherwise stated in writing by HP, the Customer shall pay all invoices issued under this Agreement within thirty {30) days from date of invoice. 12. ORDER OF PRECEDENCE This Agreement and any attachments hereto take precedence over the Customer's additional or different terms and conditions and con- stitute the entire understanding between 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 Customer's additional or different terms and conditions. Neither HP's commencement nor completion of performance shall be deemed or construed as acceptance of the Customer's additional or different terms and conditions. 13. MISCELLAMEOUS a. Any attempt to assign or transfer any of the rights, duties, or obligations herein shall render such attempted assignment or transfer null and void. b. This Agreement shall in all respects be governed by the laws of the State of California. The parties hereby agree that any dis- pute relating to the services sold hereunder shall be subject to the jurisdiction of the courts within the State of California. AGREED TO THIS day of 19- City of Carlsbad CUSTOMER AUTHORIZED REPRESENTATIVE RONALD C. PACXARD TYPED NAME FAYOR Title: 1200 Elm Avenue Carlsbad, CA 92008 ADDRESS OF DESIGNATED NOTIFICATION OFFlCE CITY STATE ZIP C. d. e. f. 9. h. to withhold without liability but with prior written notice any seruices authorized by the Customer under this Agreement if the Customer is delinquent in payment for any services, and to change the credit terms herein when, in HP's opinion, the financial condition or previous payment record of the Customer so warrants. In the event of any proceedings, voluntary or involuntary, in bankruptcy or insolvency by or against the Customer, or in the event of the appointment, with or without the Customer's consent, of an assignee for the benefit of creditors, or of a receiver, HP may elect to cancel any unfilled part of this Agreement. HP's failure to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of such rights. Stencgraphical, typographical. and clerical errors are subject to correction. No U.S. Government procurement regulations shall be binding on either party unless specifically agreed to in wriring prior to incorporation herein. Any notices required to be given hereunder shall be given in writing at the address of each party set forth below or to such other address as either party may substitute by written notice to the other. 14. EXHIBITS a. Exhibits which are initially applicable are shown below or on an attached Exhibit List. A copy of each such Exhibit is also attached and hereby made a part of this Agreement. HP may offer new Exhibits by forwarding a copy of each PO the Customer. An order to provide any of the support services de- scribed in a new Exhibit shall constitute acceptance by the Customer and this Agreement shall then include that Exhibit. b, HP may revise Exhibits currently in use psovided only that HP has forwarded the revised Exhibit to the Customer at least sixty (60) days prior to its effective date. If HP so states, the Customer may elect to continue receiving support services under the existing Exhibit. TITLE 0 ATEIR EV. 4/80 Standard System Maintenance Service (Exhibit 2A) 15. ADDITIONAL AUTHO RtZATIOM If an Additional Authorizations page is attached, the Customer hereby authorizes HP to accept orders directly from the organizations listed on that page. All terms and conditions specified herein shall be applicable. ACCEPTED THIS day of 19- HEWLElT-PACKARD COMPANY ~ TELEPHONE NO. AUTHORIZED REPRESENTATIVE TYPED NAME Title: 9606 Aero Dr. ADDRESS OF DESIGNATED NOTlFlCATlON OFFICE San Diego Ca . 92 123 CITY STATE ZIP EQUIPMENT LOCATION 0 d if same as Invoice to Address COMPANY Carlsbad. City Of INVOICE SCHEDULE: STREET 1200 Elm Ave. 3MONTHLY E QUARTERLY U ANNUALLY CITY Car 1 s bad ADVANCE (Short Term Option)-Months STATE Ca ZIP- TELEPHONE 5 57-09 66 CONTACT Mr. Jim Elliot PURCHASE ORDER NO. L AGREEMENT CONTACT EI d if same as Invoice to Address COMPANY STREET CITY STATE ZIP ATTENTION ITEM NO. INVOICE TO ADDRESS COMPANY Carlsbad, City Of STREET 1200 Elm Ave. CrrY Car 1 sbad STATE Ca ZIP 92008 MARK FOR 01 02 03 04 05 06 SERIAL NO. PRODUCT NO. DESCRiPTION/COMMENTS HP3000 Series 30 Add Consol e Tab1 e 1600BPI M.T. S/W Console S/30&33 Gen I/O Channel S/30 GIC Cable Digital Unit 400 LPM Printer HP3000 30/33 S/S 120MB Master Drive Add HP-IB Adapter 32430C Option 201 Option 002 $ 48.00 .$ 23-00 0.00 $ 88.00 $ 99,oo 0.00 .$ 104-00 26493 INTERNAL US€ Repair Office System Type Customer No. Order No. Prepared By - 30079A Option 030 SUMMARY OF CHARGES t Monthly Charge Summary $ Extended Travel (H.P. Zone-} -O/o $ Extended Coverage (8 AM ta ___ -days wk) -O/o $ Other -%o s TOTAL MONTHLY CHARGE s 7970E 2608A Option 333 7925M Option 102 I QN. 01 01 - 01 01 01 01 01 01 EXTENDED CHARGE CHARGE .$ 48.00 .$ 13.00 0.00 $ m,ao .$ 99-00 0.00 $ 108.00 5953-3316(D) REV 4/80 CEO CONTROL FORM Page 1 of- \ ORDER FOR SUPPORT SPECIFIED ON EXHIBIT 2A CONTROL NUMBER 24042256Q OF AGREEMENT NO. DATED ITEM NC 07 08 09 10 11 12 13 PRODUCT NO. 264% 13232A 3001 8d Option 030 3001 9.4 Option 030 30062C Option 002 30062C Option 001 32213C SERIAL NO. DESCRIPTION/COMMENTS Display Station Modem Cable AEt-Main S/30 2lDCC-N CBL ADCC-Extender 5/30 ADCC-E CBL Ext. Cable 25 Ft. Ext, CBL. 100 Ft. Ext. Cable 25 Ft, Ext. CBL. 50 Ft. Cobo1/3000 S/W \ - Qr - 03 03 01 01 01 01 02 02 01 01 - UNIT CHARGE $ 28.01 $ 0.04 $ 9.0( 0-01 $ 9.0( 0.0c .$ 0-ot O.O( $ 0.0L 0-0c N/A EXTENDED CHARGE 84.00 : 0-00 : 9-00 9-00 I 0,uo ' 0.00 N/A TOTAL CHARGE THIS PAGE $ lo2- 5953-331 7(D) REV 4/80 CEOCONTROL FOSV CONTINUATION Page __ of -