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Home My WebLink AboutResolution - 2004-R0547 - Software License Agreement - Microsoft Licensing, GP - 11_04_2004Resolution No. 2004-RO547 November 4, 2004 Item No. 18 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Software License Agreement with Microsoft Licensing, GP. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 4th day of ATTEST: Reb&ca Garza, City Secretary APPROVED S TO CONTENT: Q11/" C'-Y�j Ma Ye d, Dir ctor of Informaiton Technology APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney, Office Practice Section City Att/Linda/RES Microsoft ccdocs/, Oct. 21, 2004 November ,2004. Ird MiofY .: r Resolution No. 2004-RO547 November 4, 2004 Item No. 18 Microsoft Enterprise Enrollment (indirect) - State and Local For Use Only By Affiliates of the State of Texas Microsoft Business Agreement number (ff applicable) ReseNerto complete Enterprise Agreement number Reselferto complete Enrollment number Mkiosott eff9lr8te to complete Reseller purchase order number Reseder to complete Previous Enterprise Enrollment number Reseller to complete Previous Enterprise Enrollment end date Resefer to complete Le'5314g 0 � This Microsoft Enterprise Enrollment is entered into between the following entities. Each party will notify the other in writing if any of the information in the following table changes. Name of Eatity Contact Name Mark Yearwood n •a"t� / �� `!G (This person handles access to online Information and receives order confirmations. unles This person also receives true up, renewal and other notices, unless a different contact for notice is provided in the notices `} section below.) Street Address Contact E-mail Address (required for online access) 916 Texas Ave. m earwood ci.lubbock.tx.us C' State/Province Phone ubbock TX (806) 775-2355 Curry Postalcode Fox (806) 775-3033 Microsoft Account Manager Name Contracting Microsoft Affiliate Microsoft Licensing, GP - 6100 Neil Road, Suite 210 - Reno, Nevada USA 89511-1137 - Dept. 551, Volume Licensin It notices should be sent Name of Entity to someone or some place other than above, complete this section: Contact Name Street address Contact E-mail Address City State/Province Phone Country Postal Code Fax SLG EA Enrollment (indirect) v6.1 Cover Page Page 1 of 13 (North America) October 3, 2003 Notices to Microsoft should be sent to: Microsoft Licensing, GP 6100 Neil Road, Suite 210 Reno, Nevada USA 89511-1137 Dept. 551, Volume Licensing Copies should be sent to: Microsoft Law and Corporate Affairs One Microsoft Way Redmond, WA 98052 USA Volume Licensing Group VLG-USA@Microsoft.com (425) 936-7329 fax Definitions. As used in this enrollment, "you" refers to the entity that signs this enrollment with us, and 'live" or "us" refers to the Microsoft entity that signs this enrollment. All other definitions in the Microsoft Enterprise Agreement identified above apply here. Effective Date. If you are renewing Software Assurance from one or. more previous "Enterprise Enrollments" (as defined in subsection 3(a) (Placing the initial order) of the Microsoft Enterprise Agreement identified above), then the effective date will be the day after the expiration of the first of those Enterprise Enrollments to expire. Otherwise the effective date will be the date this enrollment is signed by us. Where a previous Enterprise Enrollment is being used, your reseller will require the Enterprise Enrollment number and end date to complete the applicable boxes above. Term. This enrollment will expire 36 full calendar months from the effective date indicated below unless terminated earlier or renewed as provided in the Microsoft Enterprise Agreement. We will provide you with written notice 60 days prior to expiration of the initial enrollment or renewal term advising you of your renewal options. For a description of renewal options, see subsection 12(e) of the Microsoft Enterprise Agreement (How to renew an enrollment). Representations and Warranties. By signing this enrollment, the parties agree to be bound by the terms of this enrollment, and you represent and warrant that: (i) you have read and understand the Microsoft Business Agreement identified above and the Microsoft Enterprise Agreement, including any amendments to those documents, and the product use rights, and agree to be bound by those terms; (ii) you are an "Affiliate" of the State of Texas (as defined in the Microsoft Business Agreement identified above). (iii) you have 250 or more qualified desktops; and (iv) the information that you provide on this cover page and each of the attached forms is accurate. SLG EA Enrollment (indirect) v6.1 _ Cover Page Page 2 of 13 State of Texas, October 3, 2003 This enrollment consists of (1) this cover page, (2) the Enterprise Order Form, (3) the Sr ipping Information Form, (4) the Reseller Information Form, and (5) the Enterprise Update Statement. I Contracting Microsoft Affiliate Marne City of Lub bock Microsoft Licensing, GP Signatu Sig at Printed a Pri ame Marc McDouga Printed Title Printed Title Gwen Hoie Mayor COntrArt_ Signature Date Signature Date NOV 1 2�04 November 4, 2004 (date Microsaftart�atecaunte*ns) Effective Date (may be different than our signature date) NOV 17 2004 THIS ENROLLMENT NOT VALID UNLESS SIGNED BELOW BY TEXAS DEPT. OF INFORMATION RESOURCES Required Approval by Texas Department of Information Resources: By. U XJ� (Signature) Name: 0-.Y) IP, Title: CM��' Man (Printed} Date: I (_[ 0_ a O 0 4 (Printed) Attest: Reb-occa Garza City Secretary Approved as to Content: Ma k 4Yea�'—wDir ctor Informarion Technology Approved as to Form: Linda Chamales Senior Attorney — Office Practice Section SLG EA Enrollment (indirect) v6.1 Cover Page Page. 3 of 13 State of Texas, October 3, 2003 Enterprise Order Form (To be completed with your reseller or Microsoft account manager) 1. Defining your enterprise. Use this section to identify which affiliates will be included in your enterprise. Your enterprise must consist of entire government agencies, departments or legal jurisdictions, not partial government agencies, departments, or legal jurisdictions. Each affiliate must be entirely "in" or entirely "out." All affiliates acquired after the effective date of this enrollment that are not party to an Enterprise Enrollment of their own will automatically be included unless you fill in part b below (when we refer to an Enterprise Enrollment in this section 1, we mean either (i) a Microsoft Enterprise Select Agreement; (ii) an enterprise enrollment entered into under a separate Microsoft Select Master Agreement or Microsoft Enterprise Agreement; (iii) an enterprise subscription enrollment under a separate Microsoft Enterprise Subscription Agreement; or (iv) any other enrollment submitted under the Microsoft Enterprise Agreement identified on the cover page). a. Use this part (a) to determine whlch current affiliates will be included in your enterpilse. Check only one of the boxes n part (a). Only you will be participating ❑ You and the following affiliates will be participating (if no affiliates will be participating, write "none" on line 1) (attach a list of names on a separate piece of paper if more than 5 affiliates are being included): 1 2 3 4 5 2, Selecting your language option. Your selection below will determine the languages in which you may run the products licensed under this enrollment. if you select "Listed Languages," you may run (i) all copies of each of your products in any of the languages identified as "Listed Languages" below, and (ii) up to 10% of the copies of each of your products .in any of the languages identified as "Restricted Languages" below. If you select "All Languages," you may run all copies of your products in any of the "Listed Languages" and any of the "Restricted Languages." Check only W6e of"theboxes'below to indicate your language option Listed Languages ❑ All Languages SLG EA Enrollment (indirect) v6.1 Enterprise Order Form Page 4 of 13 State of Texas, October 3, 2003 Enterprise Order Form (To be completed with your reseller or Microsoft account manager) Languages" Arabic Korean Simplified Chinese Japanese Traditional Chinese Polish Czech Portuguese (Brazil) English Russian French Canadian Turkish Hebrew Thai Hungarian Spanish "Restricted Languages" Danish Greek Dutch Italian English Norwegian Finnish Portuguese (Portugal) French Spanish German Swedish I English is a 'Listed Language; except when restricted as described in the 'Restricted Languages' list (see footnote 3) 2 Spanish is a'Listed Language; only if this enrollment is signed in Latin America 3 English is a'Restricted Language' if this enrollment is signed in Austria, Belgium, Denmark, France, Finland, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, United Kingdom, Switzerland, Sweden, or Spain 4 Spanish is a'Restricted Language' unless this enrollment is signed in Latin America 3. Language allocation. Provide us with your good faith estimate of the specific languages in which you will run all copies of all products and the approximate percentage of those copies you will run in each language. Information that you provide here does not limit your future use of products under this enrollment in any permitted language within the language group you select above. Attach a separate sheet if more space is needed. English Other languages Greater than 90 % 10% or less % SLG EA Enrollment (indirect) v6.1 Enterprise Order Form Page 5 of 13 State of Texas, October 3, 2003 Resolution No. 2004-0547 Enterprise Order Form November 4, 2004 (To be completed with your reseller or Microsoft account manager) Item No. 18 4. Applicable currency. The currency your reseller accepts is based on the country in which you are located. All payments must be made under this enrollment in the accepted currency. Type of currency: U.S. Dollars S. Establishing your price level and number of qualified desktops. Your price level will be determined pursuant to the special terms of the Enterprise Agreement between the State of Texas (acting by and through the Department of Information Resources) and us. Please consult the Enterprise Agreement for details. Actual pricing will be provided by your reseller. Qualified Desktops: You represent that the total number of qualified desktops in your enterprise is, or will be increased to, this number during the initial term of this I enrollment. (This number must be equal to at least 250 desktops, unless an Zq' amendment is also included in which you waive the free shipment of CD ROW) 6. Enterprise Product Orders. The prices stated below are for your reference only. Your prices and payment terms for all products ordered will be determined by agreement between you and your reseller. a. Initial order for enterprise products. The reference prices for the enterprise products covered by your initial order are set forth below. We will invoice your reseller in three equal annual installments. The first installment will be invoiced upon our acceptance of this enrollment; the remaining installments will be invoiced at the next two anniversaries of the enrollment effective date. You must choose the Enterprise Desktop Professional Platform (which is composed of all three of the individual enterprise products) or at least one of the individual enterprise products before selecting any additional products in section 7 (Additional product orders) below. Complete the table below by filling in the -blanks. Column 2: Place a check next to either the Enterprise Desktop Professional Platform or one or more of the individual enterprise products,you choose to license...._ . . Next.to; each enterprise product you�selected, insert "L&SA" in column 4 unless you are eligible to obtain SoftwareAssurance only (in which caseyou may insert the words "SA only" in this Column 4: column). To determine if you are eligible to obtain Software Assurance only for any product, refer to subsection 3 6 of the Microsoft Enterprise Agreement(Placing the initial order). Column 5: Your reseller orMicrosoft account manager will provide the annual enterprise product per desktop reference price1h this column. - Column 8: Your reseller or Microsoft account manager will multiply column 5 by the number of qualified desktops in boxy a .above to compute the annual enterprise product reference price. Column 1: Your reseller or Microsoft account manager will multiply column 6 by 3 (for the 3 year term) to compute the total enterpriseproduct reference' rice. Box 8• Your reseller or Microsoft account manager will add the rows in column 6 to compute the total initial annual enterprise product order reference price. SLG EA Enrollment (indirect) v6.1 Enterprise Order Form Page 6 of 13 State of Texas, October 3, 2003 Enterprise Order Form (To be completed with your reseller or Microsoft account manager) Enterprise Product -Selection Table. � .. Enterprise Product Product Pool Product Annual Annual Total (Applications, Type enterprise enterprise enterprise Systems, product per .- .. reference product reference product reference *Office Professional Applications price 9� price gly�5�, 1 6 price , *Office Standard Windows Desktop Operating System ✓ SystemsUpg15 iQ gads *Core Client Access Servers License *BackOffice CAL Servers Windows Server CAL Servers L S' A �0 . �-b t I Y .•i ��} �Os� �Z, Exchange Server CAL Servers SharePoint Portal Server Servers CAL Systems Management Servers Server CAL SQL Server CAL Servers 8 Total Initial Annual Enterprise Product(add column (6) for the enterprise chosen above) products The components of the current version of Office Professional, Office Standard, BackOffice CAL, and the current versions of the components that make up the Core CAL, are identified in the Product List and/or in the Enterprise Agreement. b. True up orders for enterprise products. The reference price for the enterprise products covered by any true up orders submitted during the initial term is set forth below. That price is based on the price level identified in box 5(b) above. We will invoice your reseller in total upon our acceptance of each true up order. We will provide the true up reference rices for each anniversary through your Columns 2 - 4: reseller, who will complete the table below. Prices will be filled in only for products ordered in subsection 6 a Initial Ordbr for Enterprise Products). SLG EA Enrollment (indirect) v6.1 Enterprise Order Form Page 7 of 13 State of Texas, October 3, 2003 Enterprise Order Form (To be completed with your reseller or Microsoft account manager) Enterprise Product True Up Price Table: ProductEnterprise reference price reference price reference price Office Professional Windows Desktop Operating System Upgrade J b U 3 Core Client Access License BackOffice CAL Windows Server CAL Exchange Server CAL SharePoint Portal Server CAL Systems Management Server CAL SQL Server CAL c. Qualifying systems licenses. All desktop operating system licenses provided under this program are upgrade Licenses. Therefore, if you select the Windows Desktop Operating System Upgrade & Software Assurance, all qualified desktops on which you will run that product must be licensed to run one of the qualifying operating systems identified in the Product List under Windows Desktop Operating System Upgrade & Software Assurance. 7. Additional Proddct Orders. The prices stated below are for your reference only. Your prices and payment terms for all products ordered will be determined by agreement between you and your reseller. a. Initial order for additional products. The reference prices for each additional product covered by your initial order are listed in the table below. We will invoice your reseller in three equal annual installments. The first installment will be invoiced upon our acceptance of this enrollment; the remaining installments will be invoiced at the next two anniversaries of the enrollment effective date. You may license additional products by entering the names and quantities for the products of your choice in the Additional Product Selection table. For a list of the available additional products, contact your reseller. SLG EA Enrollment (indirect) v6.1 Enterprise Order Form Page B of 13 State of Texas, October 3, 2003 Enterprise Order Form (To be completed with your reseller or Microsoft account manager) Complete tfte table Belo y Elting in, ee fjlantCs Column 1 • List the additional products you wish to license in your initial order. If you choose to license more ' than 10 additional. r"oducts attach a se crate sheet with the information required below. Next to each additional product you select, insert USA° in column 2 unless.you are eligible to obtain Software Assurance only (in which case, you mayrinsert the words 'SA only in this Column 2• column). To determine if you are `eligible to choose Software Assurance only for any product, refer to subsection 4(a) of the Midrosoft'Enterprise Agreement (Placing the initial order). if you order some L"&SA and some Software Assurance for the same product, list the product`twice below usin a`se `'rate line for eachproct `e; Column S• Indicate the product pool;for each ;of the additional` products that you selected in column 1. Consult the Product List to determine the a" ' ro' riate roduct ool for each additional roduct. Column 4: Enter tfte''pnce level for the ap"p'ropnate Ipool for each additional product from box 5(b) or 5(c), as appticable Colun'tn 5i Enter the`appropriate c(uantity of licenses for each_additional product you'choose to license: Your reseller or Microsoft account manager will provide the annual additional product per license Column 6: reference pnceinthis column , Che reference.price will be;based on the price levelfor that, additional roduct as identified in box 5 ti'` or 5, c ; as `a' `licatila, Column 7 Your reseller or. Microsoft account manager will multiply column 5`by column 6 to compute the "annual additional" f duct iefererrce. P rice:`. ..a ... ..< -:a .., Column 8: Your reseller or Microsoft account manager will multiply column 7 by 3 (for 3 year term) to com °ufethe to afadditiarial:. roduct reference rice Box'9. Your reseller or Microsoft'account manager will adti the rows in colurrin 7 to compute the total, initial;anrival additional' roduct reference'. rice." ' Additional Product Selection Table: 1 2 Additional Product Product Type 3 Product Pool 4 Price Level 5 Quantity 6 Annual additional product per license reference price 7 Annual additional product reference price 8 Total additional product reference price 9 Total Initial Annual Additional Product Reference Price: SLG EA Enrollment (indirect) v6.1 Enterprise Order Form Page 9 of 13 State of Texas, October 3, 2003 Enterprise Order Form (To be completed with your reseller or Microsoft account manager) b. Subsequent additional product orders. The reference price for any new additional product not initially included in your enrollment will be the then current reference price for your price level for that product as of the date of your order. We will invoice your reseller in total upon our acceptance of your order. Once you have placed the first order for copies of a new additional product, you may run additional copies of that product at any time and order them as described in subsection 7(c) (True Up Orders for Additional Products). c. True up orders for additional products. The reference price for additional products initially included in your enrollment and covered by any true up order submitted during the initial term is set forth below. That reference price is based on the price level identified in the box in 5(b) or 5(c) above, as applicable. The true up reference price for any new additional products will be the then current true up reference price for your price level for that product as of the date of your first order for that product. We will invoice your reseller in total upon our acceptance of your true up order. Complete the table below, by filling in the blanks. Enter each of the additional products you selected in subsection 7(a) (initial Order for Column 1: Additional Products) tjer@: 'If you have chosen to license more than 10 additional products, attach' sel5arate sheet. - Columns 2 - 4: Your reseller or. Microi o#f account manager will provide the true up reference prices for each anniversary in these columns. Additional Product True Up Price Table: 1 2 3 4 Additional Product I First -year true up reference price I Second -year true up reference price I Third -year true up reference price IWOMI l M • ► _,®� MR. • ■ 8. Renewal orders. For any 36-month renewal, your renewal order will be invoiced to your reseller in three annual installments. The first installment will be invoiced upon our acceptance of the renewal order; the remaining installments will be invoiced at the next two anniversaries of the effective date of that renewal term. For any 12-month renewal and for any true up orders, we will invoice your reseller in total upon our acceptance of your order. SLG EA Enrollment (indirect) v6.1 Enterprise Order Form Page 10 of 13 State of Texas, October 3, 2003 Resolution No. 2004-RO547 4, 2004 Shipping Information Form Item No. November (To be completed with your reseller or Microsoft account18 manager) CD-ROM subscriptions -will be shipped to -the following address: - - CD Kit Ship To Information (if different from address on the cover ...- Customer name Customer contact name t-far Street address 1 7` e Contact email address w, a try @c�. City and State /Province % bbu c- 7)C Contact phone b ; 7-7S Country and Postal Code _74 -0) Contact fax b J 775— J03a Unless you mark one of the boxes below, upon our acceptance of this enrollment we will ship your starter CD kit for each product group you designate in the table below containing products in the language(s) you select. We will provide updates in the form of CDs, or upon reasonable notice by electronic download or similar other means. if you need additional CD kits and updates, you may order these through your reseller for a fee. For a complete list of the contents of any kit, go to hitp://selectug.mslicense.com/ I do not wish to receive a I do not need another complete set, but would like to receive CD kit or kit updates. kit updates. SLG EA Enrollment (indirect) v6.1 Shipping Information Form Page 11 of 13 State of Texas, October 3, 2003 Reseller Information Form Your reseller should complete the following sections and sign this farm Wk ereindicaie& Reseller Purchase Order Number: (rug Cw-p Genera! information Reseller Company Name: j^ Street Address and/or Post Office Box: ! City and State / Province and Postal Code: SOS Ai� Country: ' \ Contact Name: V Ici 1NI M ov-�-� Phone Number. -7 Fax Number. 39- S3 - '% r o Email Address: �-AS4eQ The undersigned confirms that the reseller information is correct. Name of Reseller Signature Printed Name Printed Title �C 0J-1,11b- r (FL4 f-f -LA %-r Date ) 1f' _ SLG EA Enrollment (indirect) v6.1 Reseller Information Form Page 12 of 13 State of Texas, October 3, 2003 Enterprise Update Statement Cortpletew tCt I days follaWn� each anniversary of theollment effegtiVe date as descn6ed ;in sybsecfionsfacug ari�ual �tnie t erdto �trrifor addltronal dsktops) and 4(d) (Rlacingr•...._ annual "true ap°'orders to account for addifional copies) of tte Microsoft Enterpnse Agreemeriit. Submit an origlndIlb your ?eSelCer; Enterprise Agreement Number Enrollment Number Customer Name Anniversary of Enrollment Effective Date An Enterprise Update Statement must be submitted unless (a) the number of your qualified desktops has increased during the previous year and you have placed a true up order covering those desktops; and (b) you are running only enterprise products under your enrollment. Enterprise products. If there has been no increase in your qualified desktop count, confirm this by marking the first box below. Additional products. For any additional product for which a true up order has not been placed, confirm that there has been no increase in the number of copies of that product run under your enrollment by marking the second box below. ❑ I confirm that there has been no increase in the number of qualified desktops in my enterprise. ❑ I confirm that there has been no increase in the number of copies of any additional product run under this enrollment other than those for which a true up order has been submitted. Statement completed by: Name of customer Authorize signature Name Title Date SLG EA Enrollment (indirect) v6.1 Enterprise Update Statement Page 13 of 13 State of Texas, October 3, 2003 SHl-Government Solutions C ................................................................. MW GOverTlman Solutions State of Texas GovT Sales Team 800-870-6079 FAX 512-732-0232 www.texas.gs-shi.com email: texas@gs.shi.com Microsoft Enterprise Agreement - State of Texas Government Pricing Darron Gross - Account Executive Quote to: Mark Yearwood 1250 Capitol of Texas Hwy, 1.350 City of Lubbock Austin, Texas 78746 Phone 512-634-8100 Fax 512-732-0232 Phone: Fax: Qty Part Number Description Desktop PH" Extended Price 1024 MS Non- Platform Enterprise Agreement - Year 1 $135.00 $138,240.00 (includes Office Pro, Windows OS, Windows CAL - L&SA ) 1 Add -On Products Annual Payment - Year 1 $23,341.00 $23,341.00 1024 MS Non- Platform Enterprise Agreement - Year 2 $135.00 $138,240.00 (includes Office Pro, Windows OS, Windows CAL - L&SA ) 1 Add -On Products Annual Payment - Year 2 $23,341.00 $23,341.00 1024 MS Non- Platform Enterprise Agreement - Year 3 $135.00 $138,240.00 (includes Office Pro, Windows OS, Windows CAL -L&SA) 1 Add -On Products Annual Payment - Year 3 $23,341.00 $23,341.00 Qty Additional Products Annual Unit Annual Extended Windows Server - Sid Edition $278.00 $6, 950.00 S SQL Server - Std Edition - 1 Processor $1,844.00 $g,220.00 2 Project Professional (with 1 Project Server CAL) $337.00 $674.00 1 Project Server $297.00 S297.00 S Project Server CAL $53.00 $265.00 10 Visio Professional $166.00 $1, 660.00 S MSDN Universal $855.00 $4,275.00 Tota/Annual Cost -Add -On Products $23,341.00 NAT£.: t?RCEr'i41 phi!RI AOR iN TAM, E # AMP�fNtlrA': Annual Cost - EA Desktop + Add-Ons $161,581.00 Total 3 Year EA Cost $484,743.00 ..... NestctdprTruap� I'rlc gae 1B1t.k Year 2 S5t1 ; Yr 8.35` Date Quoted: October 5, 2004