1992-059-RES WHEREAS, the City of Paris is in need of SystemXtra Services, hardware maintenance and maintenance
RESOLUTION NO.
92-059
WHEREAS, the City of Paris is in need of SystemXtra
Services, hardware maintenance and maintenance of a related
operating log from IBM for the AS/400 computer software, and
the City Council is agreeable to such an agreement; and,
WHEREAS, in order to furnish such
necessary for the City of Paris and IBM to
Customer Agreement for said services; and,
services it
enter into an
is
IBM
WHEREAS, the form of agreement
attached hereto as Exhibit A, should be
City Manager, Michael E. Malone, should
execute the same; NOW, THEREFORE,
for such services
approved, and the
be authorized to
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
that the proposal of IBM for the SystemXtra Services,
hardware maintenance and maintenance of a related operating
log for the City of Paris in the amount of $5,560.00, in the
form of Exhibit A attached hereto is hereby accepted; and,
BE IT FURTHER RESOLVED, that the City Manager of the
City of Paris, Michael E. Malone, be, and he is hereby
authorized and directed to execute on behalf of the City of
Paris the agreement with IBM for services for the AS/400
Computer System in the form shown in Exhibit A attached
hereto.
Passed and adopted this 13th day of July, 1992.
r:d~st~r
ATTEST:
Mattie Cunningham,
--- -
~ : :i-::~ Customer Agreement
Signature Page for Attachments
~
The following Attachments to the IBM Customer Agreement contain additional terms.
Copies of the Attachments which you select (by marking the appropriate space below) are
included with this page.
Products
ES/Express Preload (2125-4146.02)
IBM Entry End User/370 License
(2125-4379-02)
Licensed Program Support
(2125-3920-03)
Trial or Loan of Products (2125-4135-03)
MVS/ESA Migration Offering
(2125-3905-10)
Rental of IBM Machines (2125-8301-01)
Trade-Ins (2125-4134-01)
Continuing Support Services
Business Recovery Services
(2125-8306-04)
End User Support Services (2125-4301-01)
Network Traffic Analysis Services
(2125-4290-01 )
Problem Managemenl Productivily
Services (2125-4304-02)
X- SystemXlra Services (2125-4294-05)
SollwareXcel Services (2125-4298-03)
IBM Information Network and Other Services
FASTService Services (2125-8287-01)
IBM Information Network Services
(2120-3242-04)
IBM Link Services (2125-4555-03)
Multiple Vendor Services (2125-4150-02)
Options
Central Facility Maintenance Service
Option (2125-3333-05)
..x.. CSO and MRSO Oplions (2125-3927-04)
Estimated Billing Option (2125-4116-02)
Volume Maintenance Option
(2125-3777-02)
Miscellaneous
Early Support Programs (2125-3990-01)
Educational Allowance (2125-3083-03)
IDNX' Licensed Internal Code
(2125-4041-01 )
State & Local Government (2125-4205-02)
Tempest Machines (2125-9081-01)
. IONX is a registered trademark of Network Equipment Technologies, Inc.
By signing below for our respective Enterprises. each of us agrees to the terms of the IBM
Customer Agreement and the included Attachments. Once signed. any reproduction of this
page or an Attachment made by reliable means (for example, photocopy or facsimile) is
considered an original.
Agreed to:
Enterprise name: CITY OF PARIS
By
Hichael
By
t~th~~i"!:6tq~;ur"ci ty Manager
Name (type or print):
Date:
Enterprise number: 2443377
Enterprise address: Ci ty Ha 11
135 First St. SE
Paris, Texas 75460
Agreed to:
International Business Machines Corporation
Armonk. New York 10504
Authorized signature
Name (type or print):
Date:
IBM Customer Agreement number:
HQ12291
IBM Office number: BC9
IBM Office address: 6425 Youree Drive
Shreveport, LA 71105
2125-4571-05 12/91
EXHIBIT A
~ : :~-:;i Customer Agreement
Special Signature Page for Attachments,
Amendments and Statements of Work
The following Attachment, Amendment and Statement of Work to the IBM Customer Agreement contain
additional terms, Copies of the Attachment, Statement of Work and Amendment which you select (by
marking the appropriate space below) are included with this page.
Attachment or SystemXtra Services
Z125-4294-05
Prepayment Amendment to Attachment ot SystemXtra Services
PF2314
Statement or Work ror Project Support Services
ACoo001
CHARGES: The SERVICES CHARGES stated here represent the sum or all charges ror Services to be
provided by IBM as outlined in the attached documents. The Services Charge is determined by the
selected system model and priced per unit. These prices will be withdrawn ir IBM is not authorized
by December 31, 1992 to perform the tontracted Services.
9406-E35
$5,560.00
By signing below, each or us agrees to the terms of the IBM Customer Agreement and the included
Attachment, Amendment and Statement or Work. Once signed, any reproduction or this page or an
Attachment, Amendment or Statement or Work made by reliable means (ror example, photocopy or
facsimile) is considered an original.
Agreed to:
Customer name: CITY OF PARIS
Agreed to:
International Business Machines Corporation
Armonk, New York 10504
By
By
Authoril.edsi\l~ure
E Aft1llori~dsi2no1lur8
Michael . nalOne,
Name (type or print)
City Manager
Name (type or print)
Date:
Date:
Customer number: 6917428
IB" Customer Agreement number: HQ12291
IB" Of lice number: BC9
IB" Office address: 6425 Youree Dri ve
Shreveport, LA 71105
Customer address: City Ha 11
135 First St. SE
Paris, Texas 75460
PF4166 03/05/92
IBM Customer Agreement
Statement of Work for Project Support Services
CUSTOM SERVICES
Contract No.:
IBM Office:
HQ12291
PF401
BC9/502
Name and Address of Customer:
City of Paris, City Hall
135 First St. SE
Paris, Texas 75460
Agreement No.:
IBM Office Address:
6425 Youree Drive
Shreveport, LA 71105
Customer No.: 6917428
Estimated Schedule
Start Date:
End Date:
This Statement of Work includes the following sections in the attached pages:
. Scope of Services
. Customer Responsibilities
. Contract Term
. Completion Criteria
. Charges
. IBM Point of Contact
. Customer Point of Contact
. Materials Ownership and License
. Other Terms and Conditions
This Statement of Work will be withdrawn if IBM is not authorized by December 31, 1992
to perform these services.
ACOOOOl
(02/12/92)
9916-99999
Page 1
SCOPE OF SERVICE
This section describes the Services that IBM will provide you under the Terms of the
IBM Customer Agreement (ICA). You have selected the following Services:
. Installation QuickStart AS/400
Quickstart Software Services
IBM will provide you with the software services (Services) described in this Section
to assist in the initial installation of IBM products on your IBM 9404 or IBM 9406
Machine. IBM will provide 1) project management of your installation, including
coordination of vendor-installed non-IBM hardware, 2) installation of the IBM
Operating System programs and licensed program products (Programs), 3) verification
that the Operating System program is operational, 4) training and/or assistance in
the use of the Operating System Program, and 5) recovery management education.
IBM will provide the Services described in this section for Machine(s) at your
specific Location. These Services will be provided for the software products
identified under the topic Software To Be Installed in this section.
Project Management: IBM will assign a Project Manager to coordinate and overs~e the
installation of your system. The Project Manager will coordinate the installation
of both IBM and vendor-installed non-IBM equipment.
Pre-Installation Planning: IBM will review with you the installation details, and the
scheduling of Services.
IBM will work with your operations staff and technical liaison to determine the
appropriate options and control file parameters to be used in installing and
customizing the system Programs.
Installation of Programs: IBM will install your operating system, language Programs
and utility Programs as specified in the section Software To Be Installed. Programs
which are eligible under this Statement of Work are specified under the topic Software
To Be Installed in this section. IBM will instruct up to two customer-designated
personnel (Technical Liaison(s)) on how to apply corrective PTF maintenance. IBM will
identify and install any high impact or pervasive problem (HIPER) PTFs not previously
applied to the system. IBM will verify that the system is operational at the
completion of the installation phase. IBM will train your Technical Liaisons on each
of these tasks as they are performed. These tasks are estimated to be completed in
2-4 hours, depending on system complexity.
Program Configuration: IBM will configure and perform the initial tuning of your
operating system Programs. This will include setting up system default values,
initial security considerations, addressing of workstations and printers, and initial
settings of pool sizes and active jobs. For your users, IBM will help you create job
descriptions, logs and queues. IBM will train your Technical Liaisons on each of
these tasks as they are performed. These tasks are estimated to be completed in 3
hours.
Training: IBM will provide training to your Technical Liaison(s) on basic system
tasks. This will include problem determination, spooling considerations, and security
considerations. These tasks are estimated to be completed in 3 hours.
During the Training Phase, you will also receive a demonstration and explanation of
the following:
Page 2
1. the IBMLink support structure;
2. how to find and download Preventive Service Packages and HIPER PTFs using
Electronic Customer Support;
3. the process to author a question to IBM remote electronic support;
4. how to electronically report a hardware or software problem to IBM;
5. how to backup your system, including off-loading Programs, and how to restore
backup; and
6. how to power down and re-IPL your system, including the use of Dedicated Service
Tools and System Service Tools.
IBM will also provide recovery management education. Such education will include
information on techniques for managing your system and data to maximize availability
and minimize outages and catastrophic loss of information.
If you require additional training, you may request that IBM provide such training
for an additional charge.
System Backup: IBM will save your system, providing a backup copy. IBM will train
your operator on this procedure as it is performed. These tasks are estimated to be
completed in 2 hours.
Software To Be Installed:
products are to be installed
*
If licensed for your system,
under this Statement of Work:
the following software
. AS/400 APPL DEVELOPMENT TOOLS 5728-PWl
. AS/400 LANGUAGE DICTIONARY 5728-DCT
. AS/400 PC SUPPORT 5728-PCI
. AS/400 OFFICE 5728-WPl
. AS/400 PERFORMANCE TOOLS 5728-PTl
. AS/400 QUERY 5728-QUl
. AS/400 RPG/400 5728-RGl
. OS/400 OPERATING SYSTEM 5728-SS1
IBM Application Training: IBM will provide a one-half day training session for
your end users for one of the following products. The training will include product
introduction, usage and advanced topics.
L Office/400
2. Query/400
3. PC Support
This training will be given at your site. You are responsible to provide adequate
training facilities.
CUSTOMER RESPONSIBILITIES
You will provide suitable workspace, furniture, telephone and parking facilities for
IBM personnel working on your premises. You agree to provide the necessary clerical,
typing and reproduction services and related supplies to IBM personnel while they are
working on this project at your premises. You agree to provide IBM with the necessary
Machine time and related services and supplies required during on-site phases of this
project.
You agree to ensure that all required software and related documentation are onsite
prior to the commencement of Services.
Page 3
You are responsible to designate up to two Technical Liaisons to receive the training
specified in this Statement of Work.
You are responsible for the identification and correct interpretation of any
applicable federal, state or local laws, regulations and statutes, and it is your
responsibility to ensure that your Machine meets those requirements.
CONTRACT TERM
The term of this contract is as stated in the Estimated Schedule. The actual project
dates will be negotiated by IBM and you once this Statement of Work is in effect.
At the completion. of Pre-Installation Planning, you and IBM will set up the schedule
for IBM to provide Services. IBM's target is to complete the remaining Services
within two working days.
The schedule shall be consistent with the completion dates identified by you and
agreed to by IBM. Every effort shall be made by IBM and you to keep the schedule dates
intact.
IBM will not be responsible for delays or additional requirements imposed by any
government agencies. IBM will not be responsible for delays caused by labor disputes,
fire, unavoidable casualties, or unforeseen conditions.
COMPLETION CRITERIA
This contract and IBM's obligations will be considered fulfilled when the Services
described in the section entitled Scope of Service have been completed at each
Location. The criteria for each Location is:
1. development of the installation plan during the Pre-Installation Planning
phase; and,
2. completion of performance during the remaining three project phases.
IBM will advise you of the completion of these Services.
CHARGES
IBM will invoice you for work performed at each Location as set forth in the
Implementation Plan, upon the 'completion of all obligations at each Location. Payment
is due within 30 days after the date of invoice.
IBM POINT OF CONTACT
IBM will appoint a Project Manager who will be responsible for the administration and
technical direction of IBM's effort during this project. The IBM Project Manager will
coordinate IBM's activities with your Project Manager.
CUSTOMER POINT OF CONTACT
You will appoint a Project Manager who shall be responsible for administering and
directing your efforts during this project and will act as liaison between IBM
personnel and customer personnel. Such person shall have authority to make decisions
pertaining to the Services under this Statement of Work and will provide information,
data and decisions to IBM personnel within three working days from receipt of IBM's
request, unless the parties agree to an extended response date. Your Project Manager
Page 4
will also take direct action, as appropriate, to correct deviations from plans,
schedules, or procedures which are your responsibilities.
MATERIALS OWNERSHIP AND LICENSE
The Installation Plan, to the extent IBM develops such components exclusively for you,
are considered Type I documents as defined in the referenced Agreement. All other
documents associated with the installation of the software identified under the topic
Scope of Service are generally available documentation and are considered Type II
documents.
OTHER TERMS AND CONDITIONS
The content of this Statement of Work and associated Attachments shall not be
distributed outside by you and shall not be duplicated, used, or disclosed in whole
or in part for any purpose other than to evaluate this Proposal. Any other use is
prohibited unless authorized in writing by IBM.
Page 5
--- -
----
- - ---
:: - -:5'f~ Customer A9P~ement
Supplement for SystemXtra Services
The terms of the laM Customer Agreement (or any equ;valent agreement signed by both of us) apply to this transaction.
Name and address of Customer:
City of Pari s
City Ha 11 135 First St. SE
Paris, Texas 75460
IBM Customer Agreement number: HQ12291
Contract number: P F 401
Customer number: 6917428
IBM Office address:
IBM Marketing Office number: BC9
6425 Youree Drive
Shreveport, LA 71105
Supplement Effective Date:
Exit-Option Percent: 5%
Revised Supplement (YES or NO): NO
Renewal Supplement (YES or NO): NO
3 year Duration: 3
Minimum Commitment Contract Period
(You may not terminate Services during the first months
of an initial contract period, as specified below): Duration (1, 3, or 5 yrs.): 1 year
Adiustment Factor
5 year Duration: 6
AS/400: 3 months Start Date:
RISC System/6000: 4 months
End Date:
Personal Systems: 4 months
Total Monthly Charge:
1. AS/400 and RISC System/6000 Monthly Charges:
9406/E35
TSC
TSC
Focal Point
Discount
(YESINO)
NO
Monthly
Charge for
Each Machine
Service Selected
(TSC Support and/or
Program Upgrade
Installation Service)
Machine
Type/Model
Serial
Number
Location
and
Customer
Number
6917428
Paris, TX
$248.00 ($2,975.00/1 yr.)
See next page for Personal System Monthly Charges.
The parties need not sign this Supplement, unless you request that the parties sign It.
Agreed to:
Customer Name:
Ci ty of Pari s
Agreed to:
International Business Machines Corporation
Sy
By
Authorized siVnlttul1t
Michael E. Mahl'tWlt!!>~~"City Manager
Name (type or print):
Name (type or print):
Date:
Date:
Z125-4295-05 10/91
Page 1 of _
----
----
- - ---
;: - -~'fg, Customer Agr"ement
Exhibit for SystemXtra Services
Exhibit No.: SX-09
Effective Date: February 18, 1992
AS/400
Eliaible Proarams
Eligible Operating System Programs
Product 10
OS/400 Operating System
5728-SS 1, 5738-SS 1
Eligible Application System Programs
Product 10
AS/400 Advanced Function Printer Fonts
AS/400 Advanced Printer Function
AS/400 Applicalion Development Tools
AS/400 Basic/400
AS/400 Business Graphics Utility/400
AS/400 C/400
AS/400 Cobol/400
AS/400 Communication Utilities
AS/400 Cryptographic Support
AS/400 Language Dictionary
AS/400 PC Supporl/400
AS/400 Office Vision/400
AS/400 Pascal/400
AS/400 Performance Tools
AS/400 PUl 400
AS/400 Point Of Sale Communication Utility
AS/400 Query/400
AS/400 RPG/400
AS/400 Structured Query Language/400
AS/400 S/38 Utilities Tools
AS/400 TCPIIP Connectivity Utilities
AS/400 FORTRAN/400
AS/400 COBOL by RM
AS/400 Systemview/400
AS/400 Callpath/400
Open System Interconnect File Services
Open System Interconnect Message Services
Open System Interconnect Communication Subsystems
Double Byte Character Set Fonts
S/36 Migration Aid
S/38 Migration Aid
5728-FNT, 5738-FNT
5728-AP1, 5738-AFl
5728-PW1, 5738-PWl
5728-BA I, 5738-BA 1
5728-DS1,5738-DSl
5728-CX1, 5738-CXl
5728-CB1,5738-MCl
5728-CM1,5738-CMl
5728-CR1, 5738-CRl
5728-DCT
5728-PC1,5738-PCl
5728-WP 1
5728-PS 1, 5738-PS 1
5728-PT1, 5738-PTl
5728-PL1, 5738-PL1
5728-CF1, 5738-CFl
5728-QU1,5738-QUl
5728-RG1, 5738-RGl
5728-ST1, 5738-STl
5728-DB 1, 5738-DB 1
5728-TC1,5738-TCl
5730-FT1, 5738-FTl
5730-MC 1
5730-SM1,5738-SMl
5730-TL1,5738-CPl
5738-FSl
5738-MSl
5738-0S 1
5738-FN 1
5727-MGl
5714-MGl
MAPICS Dalabase I
MAPICS 2 - AS/400 Version'
DMAS - AS/400 Version'
I 111ls Program is eligible for TSC Support only.
:I This Program is eligible for TSC Support only. To be eligible for Support. you must have an Allachment for Licensed Program
Support in effect for the Program.
ZI25-4296-09 02/92
Page 1 of 4
Exhibit for SystemXtra Service_
AS/400
Schedule of Availability
Eligible
Machine Types
TSC Support
Available
(Yes/No)
TSC
Availabilitv
Program Upgrade Installation
Services Available
(Yes/No)
9402 Yes 3 24 Hrs - 7 Days Yes
9404 Yes 1 24 Hrs - 7 Days Yes
9406 Yes 3 24 Hrs - 7 Days Yes
Frequency of Proaram Upgrade Installation Services
When we release an upgrade to an Eligible Operating System Program, we will provide Release Upgrade Service.
However, we will install Release Upgrades no more often than once each twelve-month period within a Contract Period.
You may request us to install on your Machine the current PTF Cumulative Package, customized for the Eligible Oper-
ating System Program and the installed Eligible Application System Programs. We will install PTF Cumulative Packages
no more often than once each three-month period within a Contract Period.
SystemXtra Satisfaction Guarantee for AS/400
If, for any reason, you are not completely satisfied with the SystemXtra Service we provide for your Machine, and you
notify us within one month, we will refund the monthly charge for that Machine's affected Service.
The SystemXtra Satisfaction Guarantee applies to SystemXtra Technical Service Center and Program Upgrade Installa-
tion Services options.
For annually billed service, the equivalent monthly charge will be refunded (i.e., one-twelfth of the annual charge of the
Machine's affected Service).
3 For a Machine with a DSLO license to be eligible ror TSC Support. the Machine must also be eligible ror a Focal Point discount.
Z125-4296-09 02/92
Page 2 of 4
Exhibit for SystemXtra Service"
Rise SYSTEM/6000
Eliaible Proarams
Eligible Operating System Programs
AIX for RISC System/GOOO Operating System
Eligible Application System Programs
AIX XL FORTRAN Compiler/6000
AIX Pascal Run-Time Environment/GOOa
AIX Network Managemenl/6000
AIX XL Pascal Compiler/6000
AIX 3278/79 Emulation/6000
AIXwindows Environmenl/6000
AIX VS Cobol Compiler/6000
AIX VS Cobol Run-Time Environment/6000
AIX 3270 Host Connection Program/6000
AIX Personal Computer Simulator/6000
AIX XL FORTRAN Run-Time Environment/6000
AIX System Network Architecture Services/6000
AIX Computer Graphics Interface Toolkit
AIX Xstation Manager/6000
AIX Ada/6000
AIX Ada Run-Time Environment/6000
AIX ESSL/6000
AIX Infocrafter/6000
AIX OirectTalk/6000
AIX soe WorkBench/6000
AIX soe Integrator/6000
AIXwindows Interface Composer/SOOa
AIX Graphics Plotting System/6000
AIX Graphics File Translator/6000
AIX MVS Library Connector/6000
AIX Configuration Management Version Control Server/GOOO
AIX Configuration Management Version Control Client/6000
NetWare for AIX/6000 from IBM V3.11
Z125-4296-09 02/92
Product 10
5756-030-01
Product 10
5601-248-01, 5765-018-01
5601-251-01
5601-253-01
5601-254-01
5601-256-01
5601-257-01
5601-258-01
5601-259-01
5601-260-01
5601-263-01
5601-266-01, 5765-019-01
5601-287-01
5601-386-01
5601-457-01
5706-291-01
5706-294-01
5621-060-01
5696-108-01
5765-001-01
5696-037-01
5696-137-01
5756-027-01
5765-004-01
5765-005-01
5765-037-01
5765-039-01
5765-069-01
5696-236-01
Page 3 of 4
Exhibit for SystemXtra Servict.
Rise SYSTEM/6000
Schedule of Availability
Eligible
Machine Types
TSC Support
Available
(Yes/No)
TSC
Availability
Program Upgrade Installation
Services Available
IY eslNo)
7011 Ves 4 8 a.m. to 5 p.m., Monday - Friday' Yes
7012 Yes 4 8 a.m. to 5 p.m., Monday - Friday' Yes
7013 Yes 4 8 a.m. to 5 p.m., Monday - Friday' Yes
7015 Yes' 8 a.m. to 5 p.m., Monday - Friday' Yes
7016 Yes 4 8 a.m. to 5 p.m., Monday - Friday' Yes
Frequency of Program Upgrade Installation Services
When we release an upgrade to an Eligible Operating System Program, we will provide Release Upgrade Service.
However, we will install Release Upgrades no more often than once each twelve-month period within a Contract Period.
We limit restoring system characteristics to restoring the previous system configuration and any previously installed
Eligible Programs.
You may request us to install on your Machine the PTF Cumulative Package, including any available Severity 1 or
Severity 2 PTFs, customized ror the Eligible Operating System Program and the installed Eligible Application System
Programs. We will install Severity 1 or Severity 2 PTFs as often as necessary. We will install PTF Cumulative Packages
no more than once each twelve-month period within a Contract Period.
4 For a Machine with a DSLO license to be eligible for TSC Support, the Machine must also be eligible for a Focal Point discount.
TSC Support will include answering questions on a best effort basis for non.current releases of Eligible System Programs.
S Support is provided from 7 a.m. to 7 p.m. Central time zone. Response for emergencies after these hours is available on a callout
basis by calling 1-800-IBM-XTRA.
Z125-4296-09 02/92
Page 4 of 4
----
----
- ----
:: - -~~~ CustomE=. Agreement
Attachment for SystemXtra Services
These terms are in addition to those of the IBM Customer Agreement and specifically supplement its
Continuing Support Services terms. You accept these terms by signing the Signature Page for
Attachments or using, or making any payment for, the Services described below.
SystemXtra Services (called "SystemXtra") consist of Technical Service Center Support (called "TSC
Support") and Program Upgrade Inslallation Services. Under TSC Support, our personnel at a
technical service center (called a "Center") will provide telephone assistance to your personnel, during
the hours and days we specify. Program Upgrade Installation Services include installation .of 1)
Program Temporary Fixes for eligible Programs (called "PTF Services") and 2) release upgrades to the
Programs (called "Release Upgrade Services").
We will specify the eligible Programs and Machine types in an Exhibit. We will inform you of any
changes we make. If a change is unfavorable to you, you may terminate SystemXlra without
adjustment charges as of the effective date of the change.
1. Our Responsibilities
For Technical Service Center Support, we will:
1. answer questions pertaining to the use and operation of Machines and current releases of
eligible Programs;
2. provide electronic question and answer capability, if you maintain IBM Link Services;
3. identify the source of a problem wilhin current releases of eligible Programs installed on your
Machine, and contact our appropriate support group for resolution;
4. perform problem determination for your Machines and attached devices and arrange for
service, if the failing Machine is covered under warranty, Maintenance Services, or Multiple
Vendor Services;
5. contact our designated support center if a problem is identified in your network and your
network is covered under an IBM network support agreemenl;
6. refer requests for services which are not covered under SystemXtra to you; and
7. inform you periodically of the status of problem resolution activity.
For Program Upgrade Installation Services, under PTF Services, we will install Ihe current PTF
cumulative package and any High Impact or Pervasive Problem PTFs (called "HIPER PTFs"). These
PTFs will be customized for eligible Programs on your Machine.
Under Release Upgrade Selvices, in conjunction with the installation of an upgrade for an eligible
operating system Program, we will:
1. review the inslallation plan, estimaled schedule, and other Release Upgrade Services activities
with your System Administrator, system operator, and technical person;
2. install the current release of the eligible operating system Program and upgrades of installed
eligible Programs;
3. perform applicable PTF Services;
4. reslore the system characteristics, as required; and
5. assisl in verifying correct operation of the Machine.
We will provide Program Upgrade Installation Services when you request, but not more frequently
than specified in the Exhibit.
ZI25-4294-05 10/91
Page 1 of 2
2. Your Responsibill i
You agree to:
1. designate one of your personnel (called a "System Administrator" or "Technical Coordinator")
to coordinate all communications belween us;
2. provide information, data, and decisions to our personnel within three working days from
receipt of our request;
3. ensure that your personnel follow plans, schedules, and procedures which are your
responsibilities;
4. make a backup copy of your system before we provide Program Upgrade Installation Services;
5. ensure that all required Programs and PTFs, including associated documentation, are on-site
before we provide Release Upgrade Services;
6. complete your verification of system operation promptly after our completion of Program
Upgrade Installation Services;
7. provide us one month's notice prior to any machine, program, or network configuration
changes which will affect Services; and
8. take preventive or corrective aclions which the Center recommends to resolve a problem.
3. Charges
We will determine the monthly charges based on the lypes and number of Machines under
SystemXtra.
Under TSC Support, you are eligible for a focal point discount if your System Administrator
assigned to a Machine (called the "Focal Poinl Machine") coordinates all communications between
us for at least one additional Machine. The Focal Point Machine requires a Basic license for Ihe
operating system Program.
When you request changes during the initial year of a contract period, we will base charges on the
prices in effect on the start date. Thereafter, we will base charges on prices in effect on the most
recent anniversary of the start date.
Z 125-4294-05 10/91
Page 2 of 2
International Business Machines Corporation
Armonk, New York 10504
Prepayment Amendment to
IBM Customer Agreement
Attachment for SystemXtra
Name and Address of Customer: Reference Agreement No. : HQ12291
City of Paris Amendment No. : PF401
City Hall, 135 First St. SE
Paris, Texas 75460
Contract No. : PF401
IBM Office Address: Customer No. : 6917428
6425 Youree Drive
Shreveport, LA 71105 IBM Marketing Office No. : BC9
IBM Service Office No. : 502
Both of us agree that the following terms and conditions amend the IBM Customer
Agreement and its Attachment for SystemXtra to provide for prepayment of your
Total SystemXtra Contract Period Charges.
1. ASSOCIATED CONTRACT DOCUMENTS
We will issue a Supplement to this Amendment
the Total SystemXtra Contract Period Charges,
Discount, and the SystemXtra Prepayment Charges.
to confirm the Start Date,
the SystemXtra Prepayment
You may request a change to your Services under the referenced Attachment.
If we agree, and such change would have increased your Monthly Charge for
SystemXtra, we will issue a Revised Supplement to indicate an Additional
Prepayment Charge.
2. TERM
This Amendment is valid only if signed by you and received by us within
three months after the Supplement Effective Date. If we do not receive this
Amendment within that period, you may request that we issue a Revised Amendment.
The Start Date of this Amendment will be the date mutually agreed upon for
the Start Date of the Attachment for SystemXtra. This Amendment shall be
coterminus with the Contract Period of the referenced Attachment.
3. CHARGES
We will determine your SystemXtra Prepayment Charge by applying the
SystemXtra Prepayment Discount Percent, specified in the Supplement, to the
Total SystemXtra Contract Period Charges. We will invoice you the SystemXtra
Prepayment Charge within one month after you sign this Amendment.
The SystemXtra Prepayment Charge is not refundable. Prepaid Services for
SystemXtra may be transferred within your Enterprise only with our prior written
consent.
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If we revise a SystemXtra Exhibit and delete an Eligible Machine or Program
for which you had requested Services, upon notice to us, you may terminate this
Amendment. In such event, we will credit you for the unused portion of the
SystemXtra Prepayment Charge. You may use such credit toward charges for IBM
maintenance services or other IBM service offerings.
4. ADDITIONS AND DELETIONS
If you request a change to your selected Services that would have increased
your SystemXtra Monthly Charge, you agree to pay us an Additional Prepayment
Charge for such change based on the prices then in effect. If your requested
addition(s) qualifies for a revised rate, based on volume, we will use such rate
when calculating the Additional Prepayment Charge only for such addition(s).
In such case, we will send you a Revised Supplement to the SystemXtra Attachment
which will include the change you requested, and a Revised Supplement to this
Amendment specifying the Additional Prepayment Charge and the Prepayment
Discount Percent that was used to calculate such Charge. Such Discount Percent
will be based on the amount of time remaining in the Contact Period. We will
provide no credit or refund if your requested change would have decreased your
SystemXtra Monthly Charges.
5. GENERAL
If there is a conflict between the terms of this Amendment and the
referenced Agreement, those of this Amendment prevail. Except as modified by
this Amendment, the terms and conditions of the referenced Agreement prevail.
PF23l4 03/04/92
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'.
International Business Machines Corporation
Armonk, New York 10504
Supplement to Prepayment Amendment to
IBM Customer Agreement
Attachment for SystemXtra
Name and Address of Customer: Reference Agreement No. : HQ12291
City of Paris
City Hall, 135 First St. SE Amendment No. : PF401
Paris, Texas 75460
Contract No. : PF401
IBM Office Address: Customer No. : 6917428
6425 Youree Drive
Shreveport, LA 71105 Supplement Effective Date:
Revised Supplement (YES or NO): rw
Start Date:
SystemXtra Contract Period Duration: One (1) Year
Total SystemXtra Contract Period Charges: $2,975.00 (i ncl uding Oi scount)
SystemXtra Prepayment Discount Percent: 1 year 4%
SystemXtra Prepayment Charge:
(or Additional Prepayment Charge)
If this is a Revised Supplement, the Start Date is the same date as stated in
the Initial Supplement.
PF23l4 03/04/92