Loading...
Change Authorization for IBM Statement of work for contract #CFTGTWP~dO 7- ~ C 7/~ - _ _ _= Change Authorization for _ - _ _ = IBM Statement of Work for Contract # CFTGTWP June 18, 2007 Change Authorization # O1B Each of us agrees to modify the IBM-CMB FINAL SCHEDULES contract as follows: LsG G ~//~ SCHEDULE XXVIII PUBLIC BENEFITS SECTION 2. MIAMI BEACH SCHOOLS AND CITYWIDE CONTENT FILTERING SOLUTION is replaced with: The City of Miami Beach has requested a Content Filtering solution as an addition to the City- wide Wireless Network to enforce usage policies the City may wish to establish for a filtered SSID that will be offered to the citizens of Miami Beach as an option to use at their discretion. IBM will provide a Content Filtering Solution based on the 8e6 filtering suite of prod- ucts. More specifically, IBM will sell to the City the 8e6 hardware products listed in Sec- tion 2 to this modification (the "Hardware"); sublicense to the City the 8e6 software imbedded in the Hardware and the associated documentation (collectively, the "Soft- ware"); provide to the City the Support Services, Subscription Services and warranty Services (collectively, the "Services); described in Section 3 of this modification; and provide to the City on-site installation. The Hardware and the Software shall be indi- vidually and collectively referred to as, the "Product". Installation of the Product will oc- cur following network acceptance. 2. Hardware. IBM will provide the following hardware: a. Two 8e6 R3000H Internet filtering appliances with 12 months parts warranty; and b. One 8e6 Enterprise Reporter 3 - 200 (ER3-200) -Stand Alone Reporter with 12 months parts warranty. 3. Services a. Support Services. During the term of the License, IBM will provide to the City the technical support services (the "Support Services") as more fully described herein. i. Major Update: A major update for each Product contains significant new features. The numbering scheme for a major update is 1.0, 2.0, etc. This same number is used across all platforms to show that the same functional- ity exists. As an example, Enterprise Reporter v. 2.0 is the major release to Enterprise Reporter v. 1.0. ii. Minor Update: A minor update is a fix discovered by 8e6 required for a particular Product. Minor updates are made available either via automatic download to the Product to be executed by the City or by manual installa- tion by an authorized 8e6 support representative. These fixes are unit tested only and do not necessarily receive a full quality assurance testing ___ _- Change Authorization for _=_ IBM Statement of Work for Contract # CFTGTWP until they become part of a major update. The numbering scheme across all platforms for a minor release is 1.1, 1.2, etc. As an example, v. 2.2 in- dicates that two minor updates have been issued to the second major up- date. iii. The Support Service consists of: 1. assisting You with problem analysis, trouble-shooting and reme- dial action with respect to technical issues related to the Product; and 2. free minor updates. 3. Content Filtering solution design, installation, maintenance, test- ing, backup and support; 4. the configuration and operation of the content filter rules, content filter policy implementation and rule database imports as requested in writing by the City of Miami Beach within a 48 hour period from the receipt ofthe written request. iv. Availability. Support Services coverage is normally available only for the two most recently issued major updates of the Product. If the City is using a previously issued major update of the Product no longer supported by 8e6 and 8e6 encounters a problem that has been corrected in the most re- cently issued major update of the Product, the City will be required to up- grade to the newer major update of the Product to solve the problem. v. Hours: Support Services are available Monday through Friday, 8:00 a.m. to 5:00 p.m. (PST), except holidays. After-hours or holiday Support Ser- vices are available only for Product malfunctions that result in a complete failure of filtering service by the Product, and not for installation assis- tance or otherwise. Requests for assistance are routed to a senior level technician through our forwarding service. After-hours or holiday Support Services for other than Product malfunctions that result in a complete fail- ure of filtering service by the Product may be subject to an additional fee on a time and material basis. b. Subscription Services i. During the term of the License, IBM, as provided by 8e6 will make avail- able to the City regular updates to the Software's URL database of filtered Internet sites (the "Subscription Services"). c. Technology Refresh i. The hardware and software included in this proposal is excluded from the technology refresh provisions in the contract documents. Should a tech- _ _ _= Change Authorization for -_ IBM Statement of Work for Contract # CFTGTWP nology refresh be requested it will follow the project change procedures as outlined in the agreement. d. Warranty Services i. In addition to any warranties described herein, IBM will provide an addi- tiona124 month parts warranty for the ER-200 and an additiona124 month parts warranty for the R3000H Internet filtering appliances. Such warran- ties shall be pursuant to Article XIV of the Agreement. ii. EXCEPT FOR THE WARRANTY DESCRIBED HEREIN, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN ANY COMMUNICATION, CONTRACT DOCUMENT OR DELIVERABLE, IBM PROVIDES THE SERVICES, PRODUCTS, INFORMATION, AND DELIVERABLES UNDER THIS STATEMENT OF WORK "AS IS", WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. 4. Software License. Software shall be licensed to the City under the terms of Other Deliv- erables asdefined in the Agreement (the "License") with the exception of the following: a. The City's license is limited to 1000 simultaneous sessions and subscription term of 72 months commencing when the content filtering service is installed. Should the number of sessions exceed 1000 simultaneous sessions accessing the network through the content filtering solution, the City will increase the licenses in incre- ments of 500 sessions per the charges schedule provided in this document. The new license price will be presented to the City of Miami Beach in a Project Change Request for authorization to allow for the increase in sessions. That Pro- ject Change request will be executed before the additional sessions are enabled. 5. City's Responsibilities. a. "Content" is defined as information, software, and data, including, without limita- tion, any hypertext markup language files, scripts, programs, recordings, sound, music, graphics, images, applets or servlets that the City of Miami Beach and it's users create, install, upload or transfer in or through the Citywide Wireless Net- work. b. The City of Miami Beach is solely responsible for: i. all Content Filtering policy rules, without limitation, their selection, user restrictions, accuracy ii. all copyright, patent and trademark clearances in all applicable jurisdic- tions and usage agreements for any and all Content; iii. the communication to IBM of the controls on the access and use of Con- tent that will be implemented on the Content Filters. =_ ___ _= Change Authorization for _ __= IBM Statement of Work for Contract # CFTGTWP iv. Reviewing performance of the Content Filters to ensure that they are con- sistent with the policy rules selected by the City. 6. Disclaimers. IBM does not control the materials, information, products or services on the internet. The internet contains unedited materials, some of which are sexually ex- plicit or may be offensive. IBM has no control over and accepts no responsibility for this material, and the Product may not be effective in filtering all or any of this material. Sub- ject to the warranties set forth in this Modification, the City assumes full responsibility and risk for use of the internet. 7. Charges. Based on the above tasks and assumptions, IBM will provide the hardware and implementation services for a fixed price of $62,700 which will be invoiced upon the completion of initial installation. Additional licenses to be sold during 6 year term per seat in increments of not less than 500 licenses per purchase and the total cost shall be pro-rated based on the number of months remaining in the initial 72 month plan. Per seat license price is 6.28 per ses- sion/per month or $3,140 for the block of 500 licenses per month. - __ - Change Authorization for ---_ __= IBM Statement of Work for Contract # CFTGTWP We agree to provide the Products/Services described in this Change Authorization pro- vided you sign in the space b ow to indicate your acceptance, without modification, on or before S:OOPM EST June 0, 2007. 30 Each of us agrees that the complete agreement between us about these Services will consist of 1) this Change Authorization, and 2) the referenced Statement of Work and its prior Change Au- thorizatio d 3) the IBM Customer Agreement or IBMAgreementfor Services, as applicable (or anyiy~ent agreement signed by both of us) Agreed to: International Business Machines Corporation By:, Signature By. Date Authorized Signature Date Authorized Na (print) David Dermer, Mayor Authorized Name (print) Attest: Q/`, _ _ R ert Parcher, City Clerk Customer Number: 4307192 IBM Customer Agreement Number. HQ12291 Customer Address: 1700 Convention Center Drive, 33139 Reference Statement of Work/Contract Number: CFTP6PN Project Name or Identifier: PCR Ol B - CMB Content Filter- ing Solution (1000 sessions / 72 Mths) IBM Office Number: VPS IBM Office Address: One Alhambra Plaza Miami, FL 33134^ APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION qty ttome ~~ ate 06/29/07 FRI 05:13 FA% George Andrews f~J001 s ~ ~~hange Authorization for " ~ "'-" IBM Statement of Work for Contract # CFTGTWP ~. r ~ We agree to provide the Pmducts/Services descn'bed in this Change Authorization pro- vided you sign in the space bebw to indicate your acceptance, without modification, on or before S:OOPM ES7' June~b, 2007. ~ Each of us agrees that the con~piete agreement between us about these Services wi11 consist of 1) this Change Authorization, and 2) the referenced Statement of Work and its prior Change Au- thorizations, and 3) the IBM (:ustomer Agreement or IBMAgreement for Services, as applicable (or any equivalent agreement signed by both of us) Agreed to: City of Mittani Beach Agreed to: By. Authorized Signature Date Authorised Name (print) Customer Number: 4307192 Customer Address: 1700 Convention Cettte~ 17rive, 33 f 39 Italernationai Batuaew C~otrabSan By. L-., Auttaxuod Sigasture Date n ~, Autlwrized Ntrtne(print) ~EORC~ ~~ d~~~ ~• IBM Cuctotaer Agrtcment Ntxnber: HQ12291 Reference Statement of WarklCAtttrad Number: CFTP6PN Project Name or Identifier: PCR Ol B - CMB Content Filter- I1311~I ~~ Number: VP'S ing Solution (1000 sessions / 72 Mfh ) IBM Office Address: One Alhambra Playa Miami, FL 331340 APPROVED AE TO FORM dt LANt3UA4E ~ FOR EXECUTION bf~v