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RESOLUTION NO. 2001-140
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING A FISCAL YEAR 200112002
MAINTENANCE CONTRACT WITH MBS/CONNECTING POINT (FORMERLY
CATG) FOR MAINTENANCE OF THE CITY'S COMPUTER AND
NETWORKING HARDWARE AND OPERATING SYSTEM SOFTWARE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I: That MBS/Connecting Point IS the selected source for
maintenance of the City's computer and network hardware and operating system
software. Pursuant to this determination, the Purchasing Manager is hereby authorized
to issue an Annual Purchase Order and Service Agreement (a copy of which is
attached hereto as Exhibit "A" and incorporated in full herein) to MBS/Connecting
Point in an amount not to exceed $131,378.54 for Fiscal Year 200112002 for
maintenance of the City's computer and network hardware and operating system
software.
SECTION 2: The authorization to execute the above referenced agree-
ment order is rescinded ifit is not executed within sixty (60) days of the passage
of this resolution.
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I
2001-140
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING A FISCAL YEAR 200112002
MAINTENANCE CONTRACT WITH MBS/CONNECTING POINT FOR
ANNUAL MAINTENANCE OF THE CITY'S COMPUTER AND NETWORKING
HARDWARE AND OPERATING SYSTEM SOFTWARE.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a joint regular
meeting thereof, held on the 4 th
following vote, to wit:
day of
,2001, by the
June
Council Members Ayes Nays Abstain Absent
ESTRADA X
LIEN X
McGINNIS X
SCHNETZ X
SUAREZ X
-
ANDERSON X
McCAMMACK X
~~C1~
The foregoing resolution is hereby approved this ::'nli day of ~une__, 2001.
Approved as to form and legal content:
James F. Penman, City Attorney
BY: ~ ?p~
U .
~g~~-=-~
Betty Anderson, Mayor Pro Tern
City of San Bernardino
12;4S APR 3~, 2~~1 TO: LARRY MARTIN
FR: RICK GFMAR
*3Sh3 PAGF: ?/S
'. I'.
COMPAQ
DECservice/BASIC
Revlliied 9/98
Product Descliption
DECsen'ice and BASIC Service provide on-site hardware support.
Agreement
Thi, Service Description, together with (a) the Compaq Eqllipmenl Corporation U.S. Standard Terms and
Conditions or U.S. Services Terms and C'Alnditions and (11) the dilly execllled Service Agreemenl constitule Ule
entire agreemenl ("Agreement") between Ule parties with respect to ils sllbject matter.
Term
This Agreement is effective for an lnitial Term of one (1) year from the Commencement Dale specificd in thc
attached Service AgrC<.ment Thereafter, it may be cancelled by either party llpon thirty (30) days wrinen notice.
Prices
Prices for Services may be adjusled by COMPAQ after the lnitial Term upon ninety (90) days written notice.
Geographic Availability
111is service is available in the United States. Additional travel charges may be applicable in Alaska and Hawaii
Eligibility
Eqllipment is eligtble for this service provided it is in good operating condition and CaMP AQ's serviceability
requirements and site environmental conditions are met. Any eqllipment repairs and/or adjllsunenls CONll' AQ
determines are necessary in order to meet this eligibility will be made at
CONll'AQ's Per Call rales, and Terms and C<Jnditions then in effect.
COMPAQ Responsibilities
BASIC Service
Remedial Maintenance
Remedial hardware maintenance will be performed on-site during the standard hours of coverage. COMPAQ
will automatically activale an accelerated back-llP plan to involve the necessary technical resources should some
extraordinary problem cause repairs to exceed predetennined time limits.
Prel'entive !J,.f aintenance
Schedllled preventive mainlenance (if applicable) is provided during Ule standard hours of coverage in
accordance with eqllipmenl standards specified by COl'vll' AQ.
Field Change Orders (FCOs)
COMPAQ will install all applicable FCOs, which in COMPAQ's opinion are reqllired to ensure proper machine
operation, during the standard hOlUS of coverage.
Labor and 1>1 alerials
COMPAQ will provide all labor and materials.
1?,4S APR 3~. ?~~1 TO: LARRY MARTIN
FR: RICK GFMAR
*3Sh3 PAGF: 3/S
Parts
Replacemenl paTls may be new or refurbished. Replaced paTls become the
property of COMPAQ.
Service Representative
A designated service representative (if applicable) is assigned to each accollnt 10 monitor the "'lllipmenl's
performance and service history.
Site Management Gaide
A Site Management Gllide (if applicable), containing schedllles, procedures, and logs llSed for recording and
evaluating all information pertinent to the operation and care of the eqllipment, is provided to Purchaser.
Predictive Tools/Remote DillgllOSis
COlVlP AQ may provide prediclive service tools on applicable COMPAQ syslt:ms. COMPAQ may llti1ize
remole diagnosis on those syslerns which feature remole diagnosis capability.
Respanse Time
COMPAQ will respond to a call for remedial hardware service, made during the contracted hours of coverage,
on a priority basis over Per Call Service reqllesls. Typical response time is next business day.
Standard Coverage
On-site hardware coverage ., 8:00 a.m. to 5:00 p.m., Monday throllgh Friday, except locally observed
COlVlP AQ holidays.
Zone Charges
Eqllipmenllocated beyond one hllndred (100) miles from a designated COMPAQ office is sllbject 10 Zone
Charge Uplifts as specified in the Price List.
DECservice
In addition to the services in BASIC service shown above, the following additional services will be performed:
Remedial,i/aintenance
Remedial l'vlainlenance will be performed continllously until the problem is resolved.
Preventive Maintenance
Preventive Mainlenance started within the contracted hOllrs of coverage will continlle for IIp to three (3) hOllTS
after the contracted hOlll~ of coverage.
Field Change Orders (FCOs)
FCO instatlation starled within the contracted hOllrs of coverage will continlle for up to three (3) hOllrs after the
contracted hours of coverage.
Response Time
COMPAQ will rcspond to a call for r~medial hardware service as follows:
Road Miles from
Designaled
COMPAQ OffICe
Standard Response
for All DECservice
Coverage
Uplift to
2 hOllr
Response
12: 46 APR 30, 2001 TO: LARRY MARTIN
FR: RICK GEMAR
*3553 PAGE: 4/5
0-50
51-100
101-200
201 and beyond
4hr
4 hr
8hr
16 hr
Available
NOT available
NOT available
NOT available
Optional Coverage
DECservice is available IIp to 24 hours per day, 7 days per week, inclllding holidays.
Purchaser will:
NOlify COMPAQ irmnediale1y of eqllipmenl malfllnction.
Run any applicable Purchaser-runnable diagnostics prior to notifying COMPAQ of an eqllipmenl malfimclion.
Allow COl'vll' AQ personnel full and llnconditional access to all eqllipment and software. 1f security restrictions
apply to any or all Purchaser syslems to be sllppOrled by the Agreement, the Purchaser may be rcqllired to
assume additional responsibilities for maintaining the eqllipment and/or software.
Nolify COMPAQ of any pOlential safety or health hazards that may exist al the sile, as well as provide and/or
recommend safety procedllres to be followed while at the sileo
Pim;de al no charge to COMPAQ a reasonably seCllre work space and storage facilities, sllpplies and scratch
media (inclllding spare tapes and disk packs) as requireu, and full and llnrestricled access to all commllnicalions
facilities.
Maintain a Cllrrent back"Up copy of the operating syslem and other applicable software programs and data.
Have a Purchaser allthorized employee present dllring service.
Maintain site conditions within the common environmental range of all syslem devices (and media) as specified
by COMPAQ.
Provide and bear the cosl of COMPAQ-specified moderns and/or data sets, when required for systems having
remote diagnosis service. Thcse devices will be connected to a dedicalcd direct-di,tancc-dialing (voice-grade)
lelephone line. provided and paid for by the Purchaser.
DECompatible Service
For the servicing of eqllipmenl not manufactured or sllpplied by COMPAQ, the following applies:
Purchaser may he required to furnish at no charge to COA1PAQ:
(a) sllch diagnoslic aids and test programs as may be developed or used by the original manllfacturer or sllpplier
of the eqll;pmenl in lesling to verify that the eqllipment operates properly; and
(b) diagnostic and dOcllme'Iltation llpdates that Purchaser reccives for the eqllipment
All sllch ilems furnished by Purchaser sha II remain the property of Purchaser. Any Purcbaser furnished items
in the possession of COMPAQ al the lennination of this agreement will be returned to Purchaser in an "AS IS"
condition.
1~:47 APR 30, 2001 TO: LARRY MARTIN
FR: RICK GEMAR
*3553 PAGE: 5/5
Enhancemenls recommended to the Purchaser by the manufacturer, to improve reliability, maintainability and/or
safely of eqllipment, that are sllpplied to the Purchaser by the manllfacturer al no cosl to COMPAQ, shall be
installed by
COl'v1P AQ as part of the s"",ice agreement when the affected options are part of the COMPAQ senrice
agreement.
COMPAQ's installation or servicing of cqllipment not sllpplied by COMPAQ neither implies nor warrant. the
eqllipment's compatibility with COMPAQ sllpplied eqllipment, or compliance with FCC' regulations.
COMPAQ's installation or servicing of sllch equipment neither constitutes an endorsernenl of the c-qllipment,
nor a grant of any license llnder any of COMPAQ's patenls, copyrighls, trademarks, or trade secrets.
Purchaser acknowledges thaI COMPAQ reserves the right to assign or sllbcontract to third parties certain
services set forth in this Service Description. If this assignment provision is inconsistent with any other term of
this Agreement, this provision will prevail.
Exclllsions
The following mainl<.'1lance services are nol inclllded under this Agreement
Service olllside of the contracted hours of coverage.
Services which in COMPAQ's opinion are required dlle to improper treatment or use of the equipment.
Services rcqllired dlle to llnallthorized atlempls by other lhan COMPAQ personnel to rcpair, maintain or modify
the eqllipment.
Services reqllired dlle to causes external to the COl'v1P AQ-maintained eqllipment.
Re<Xlnfiguration of eqllipment.
lndividual hardwarc producls that cannot, in COMPAQ's opinion, be properly rcpaired dlle to excessive wea.r or
deterioration. TIlese produCls may be withdrawn from senrice upon ninely (90) days prior written notice, which
notice shall not be isslled prior to the end of the frrst year of service.
1f either party fail. to perform its obligations under this or any other agreemenl belween the parties and sllch
failure continlles for a period of thirty (30) days after written notice, the other party shall have the right to
terminate this Agreement.
EC-NIJ411-76