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CM-14-01-305*CKT3 PURPOSE PASSION Rnosvtxm City of Round Rock Agenda Item Summary Agenda Number: Title: Consider authorizing a Letter of Agreement with IBM Corporation for use of City of Round Rock purchase orders. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 1/31/2014 Dept Director: Cost: Indexes: Attachments: CMAF IBM Letter of Agreement, PO in lieu of SOW Signature 1-6-2013 (3) Department: Police Department Text of Legislative File CM -14-01-305 The Police Department recently obtained through Purchasing a Purchase Order in the amount of $10,500 to IBM for training services related to the iBase database product the Department plans to use. When presented with the P.O. the company asked for a signed Statement of Work. Rather than signing such a statement every time the city does business with IBM, staff recommends the City Manager sign a letter from IBM. The letter essentially confirms that the City will honor the terms of all purchase orders issued for the company. This action will require action only once by the City Manager. The Police Department has coordinated with Purchasing on this issue, and both recommend it's approval. City of Round Rock Page 1 Printed on 1/30/2014 CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION Required for Submission of Specific City Manager Items Department Name: Police Department Project Mgr/Resource: Rick White City Manager Approval CMA Wording Project Name: Purchase Order Letter Agreement ContractorNendor: IBM Corporation Consider authorizing a Letter of Agreement with IBM Corporation for use of City of Round Rock purchase orders. Approval ElEmployeeEE Bowden Date January 22, 2014 Notes/Comments January 6, 2014 City of Round Rock Accounts Payable 221 E. Main Street Round Rock, TX 78664 Dear Rick (or authorized represenative), This letter is to confirm our mutual agreement to use your organization's purchase orders to accept, without modification, statements of work and any change authorizations to an existing statement of work. During the period that this letter agreement is in effect, we agree that you can use your organization's purchase orders to indicate acceptance without modification of the applicable statement of work or change authorization. The purchase order must reference DIR-SDD-2108 dated 10/1/2013 or equivalent IBM Customer Agreement, the IBM Statement of Work (by title and date) and, if applicable, the change authorization #. Both of us agree that this letter agreement is meant only to authorize your use of your organization's purchase order to accept without modification a statement of work or change authorization. Any terms in any written communication from you (such as those in the purchase order) are void. By signing below, both of us agree that the complete agreement between us regarding the use of your purchase order in the manner described above will consist of this letter agreement, and this letter agreement replaces any prior oral or written communications between us on this subject. This letter agreement can only be modified when both of us agree in writing. Either one of us can terminate this letter agreement with thirty days prior written notice to the other. This letter agreement applies to both of us and those entities within our respective Enterprises (as that term is defined in the IBM Customer Agreement or equivalent agreement between us). Thank you for your business. I look forward to a mutually rewarding relationship. IBM Corporation Services Sales Leader, SCFO/12 1111 N. 102nd Court, Suite 231 Omaha, NE 68114 Please sign & return to the IBM name listed above. eSignatures or scanned original signatures acceptable to IBM. (City of Round Rock Authorized Signature) (Print Name and Title) IBM Customer Number: 1795959 CM -14-01-3o