HomeMy WebLinkAboutResolution - 2022-R0441 - PO 33001684 with Software One, Inc for Microsoft License Agreement 10.25.22Resolution No. 2022-RO441
Item No. 5.18
October 25, 2022
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and
on behalf of the City of Lubbock, Purchase Order 33001684, for the Microsoft License
Enterprise Agreement, as per DIR-TSO-4061, by and between the City of Lubbock and
SoftwareOne of Palatine, Illinois, and related documents. Said Purchase Order is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on
ATTEST:
Rebe ca Garza, City Secretar'Q
APPROVED AS TO CONTENT:
off'AM
Brooker-, Assist ity Manager
APPROVED AS TO FORM:
Klan rook As tant City Attorney
RESTO 33001684-SoftwareOne
10.19.22
October 25, 2022
City of
Lubbock PURCHASE ORDER
Vr TEXAS
TO: SOFTWAREONE
DEPT CH 10768
PALATINE IL 60055-0768
Page - 1 of 3
Date - 10./ 11 /2022
Order Number 33001684 000 OP
Branch/Plant 3410
SHIP TO: CITY OF LUBBOCK
INFORMATION TECHNOLOGY
1314 AVENUE K - BASEMENT
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
Marta Alvarez, irector of Purchasing & Contract Management
Ordered 10/11/2022 Freight
Requested 11/1/2022 Taken By
Delivery Per J Zhine / Req # 59434
D HEATH
Ou#US-OUO-1050008/DI R-TSO-4061
IJyou have any questions please contact Jay Zhine at JZhine(i)mall.ci.lubbock.txus
or by phone at 806-775-2366
Description/Supplier Item _
Ordered _
Unit Cost
UM
Extension _
Request Date
Azure Mn CmmtmtShdSvr ALNG MVL
1.000
EA
11/1/2022
#J 5 U-00004 1111 /22-10131123
M365 G3 Unifd FSA GCC Sub/User
1,375.000
327.2400
EA
449,955.00
H/1/2022
#AAD-34700 11'1:`2-10 31.23
M365 F3 Unifd GCC Sub/User Gov
1,140.000
84.9600
EA
96,854.40
11/1/2022
MnSub #AAD-63092 11/22-10/23
Powr Automate GCC Sub/User Gov
2.000
163.2000
EA
326.40
11 1 /2022
MnSub #SFR-00001 11 22-1013
Power BI Pro GCC Sub/User Gov
25.000
93.0000
EA
2,325.00
1lA/2022
MnSub #DDJ-00001 I1.12-10.23
Project P3 FSA GCC Sub/Usr Gov
25.000
236.4000
EA
5,910.00
11/1/2022
#7E7-00001 11 1 22-10131; 23
SQLSvr EnterprCore 2Lic Gov
13.000
2,223.2400
EA
28,902.12
11/1/2022
Addon #7JQ-000343 11122-10/23
SQLSvr Stnd Core 2Lic Gov
27.000
580.1200
EA
15,663.24
11'1/2022
Addon #7NQ-00292 11/22-10/23
City of
Lubbock PURCHASE ORDER
TEXAS
TO: SOFTWAREONE
DEPT CH 10768
PALATINE IL 60055-0768
Page - 2 of 3
Date - 10/ 11 /2022
Order Number 33001684 000 OP
Branch/Plant 3410
SHIP TO: CITY OF LUBBOCK
INFORMATION TECHNOLOGY
1314 AVENUE K - BASEMENT
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
4r
Marta Alv z, Director of Purchasing & Contract Management
Ordered 10/11/2022 Freight
Requested 11 / 1 /2022 Taken By
Delivery Per J Zhine / Req # 59434
D HEATH
Qu#US-QUO-1050008/DI R-TSO-4061
Description/Supplier Item _
Ordered
Teams AC wDial out US/CA GCC
2,515.000
Addon #NYH-00001 11 22-10.23
VisioPlan 2FrmSA GCC per User
20.000
#9K4-00003 I L 1:`22-10/31/23
Visual Studio Pro wMSDN Gov SA
6.000
Addon #77D-00111 11122-10/23
WinSvrS DC Core 2Lic . CoreLic
616.000
Gov Addon #9EA-00278 22-23
WinSvr Std Core 2Lic Core Licn
105.000
Gov Addon #9EM-00270 22-23
Terms NET 30
Unit Cost —UM
EA
118.5600 EA
304.0700 EA
125.2500 EA
19.7800 EA
Extension Request Date
11/1/2022
Total Order
2,371.20 l l/ 1 /2022
1,824.42 11/ 1/2022
77,154.00 l l/ l/2022
2,076.90 l l/ l/2022
683,362.68
Page - 3 of 3
City of Lubbock PURCHASE ORDER Date - 10/ 11 /2022
Of TEXAS Order Number 33001684 000 OP
Branch/Plant 3410
TO: SOFTWAREONE
DEPT CH 10768
PALATINE IL 60055-0768
SHIP TO: CITY OF LUBBOCK
INFORMATION TECHNOLOGY
1314 AVENUE K - BASEMENT
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000 �V
LUBBOCK, TX 79457 BY:
Marta Alva Director of Purchasing & Contract Management
Ordered 10/ 11 /2022
Requested 11/l/2022
Delivery Per J Zhine / Req # 59434
INSURANCE REOUIRED:
Freight
Taken By D HEATH
Qu#US-QUO-1050008/DI R-TSO-4061
Commercial General Liability:
$1,000,000 occurrencei $2,000,000 aggregate (can be combined
with an Excess Liability to meet requirement). CGL is required
in ALL contracts. It is perhaps the most important of all
insurance policies in a contractual relationship. It insures the
Contractor has broad liability coverage for contractual activities
and for completed operations.
Workers Compensation and Emolover Liability:
Statutory. If the vendor is an independent contractor with no
employees and are exempt from providing Workers'
Compensation coverage, they must sign a waiver (obtained
from COL Purchasing) and include a copy of their driver's
license. Employer Liability ($1M) is required
with Workers Compensation.
Commercial General Liability to include Products — Additional Policies:
Completion/OP, Personal and Advertising Injury, Contractual Cyber Liability Requirements: $ 1 M of coverage is needed
Liability, Fire Damage (any one fire), and Medical Expenses for Cyber Liability
(any one person).
Technology Errors and Omissions Requirements: $1M of
Automotive Liability: coverage is needed
Combined Single limit for Any Auto - $1,000,000
*The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary
and non-contributory basis on all liability policies except professional liabilities and workers' comp. *Waivers of Subrogation are
required for CGL, AL, and WC. *To Include Products of Completed Operations endorsement. *Carrier will provide a 30-day
written notice of cancellation, 10-day written notice for non-payment. *Carriers must meet an A.M. Best rating of A- or better.
*Subcontractors must carry same limits as listed above.
This purchase order encumbers funds in the amount of $683,362.68 awarded to SoftwareOne of Palatine, IL, on
October 11, 2022. The following is incorporated into and made part of this purchase order by reference: Quote dated October
03, 2022, from SoftwareOne of Palatine, IL, and DIR Contract DIR-TSO-4061.
Resolution # 2022-RO441
CITY OF L
Tray Payne, 7
or
ATTEST:
Rebel Garza, City Secretary
Rev. 3/2022
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
STANDARD TERMS AND CONDITIONS
ACCEPTANCE OF THIS PURCHASE ORDER:
CONTRACTOR ACKNOWLEDGES by sumlvine any Goods or Services that the Contractor has read. fully
understands and will be in full compliance with all terms and conditions and the descriptive material contained herein
and any additional associated documents and Amendments The City disclaims any terms and conditions provided by
the Contractor unless agreed upon in writing by the parties In the event of conflict between the Cnry s terms and
conditions and any terns and conditions provided by the Contractor, the terns and conditions provided herein shall
prevail. The terms and conditions provided herein are the final terms agreed uporL_by the-oarties. and any prior
1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice
Each shipping container shall be clearly and permanently marked as follows (a) Seller s name and address, (b)
Consignee's name, address and purchase order or purchase release number and the supply agreement number of
applicable, (c) Container number and total number of containers, e.g. box I of 4 boxes, and (d) the number of the
container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be
suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any
applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by
packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under
reservation and no tender of a bill of lading will operate as a tender of goods.
3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually
receives and takes possession of the goods at the point or points of delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER Every tender of delivery of goods must fully comply with all
provisions of this contract as to time of delivery, quality and the like. Ifa tender is made which does not fully conform,
this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the
time for performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may
then make a conforming tender within the contract time but not afterward.
5. INVOICES & PAYMENTS. a. S e I I e r shall submit separate invoices, in duplicate, one each purchase order or
purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and
the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be
listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the
invoice. Mail To: Accounts Payable, City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457. Payment shall not
be due until the above instruments are submitted after delivery.
6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if
it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the
Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to
securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any
determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer
pursuant to this provision Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold
the amount of the cost incurred by Seller in providing such gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any special
tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special
tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent
feasible shall be identified by the Seller as such.
8. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which
Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and
specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase.
In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices
on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach
or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to
solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent
fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for
the purpose of securing business. For breach of vitiation of this warranty the Buyer shall have the right in addition to
any other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise
recover without liability and to deduct from the contract price, or otherwise recover the full amount ofsuch commission,
percentage. brokerage or contingent fee.
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall
render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the
specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) famished by the Seller, if any.
In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern.
Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free
perfomwtceand fault -free result in the processing date and date related data (including, but not limited to calculating.
comparing and sequencing) of all hardware, software and firmware products delivered and services provided under
this Contract, individually or in combination, as the case may be from the effective date of this Contract. The
obligations contained herein apply to products and services provided by the Seller, its sub- Seller or any third party
involved in the creation or development of the products and services to be delivered to the City of Lubbock under this
Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock
availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining
to termination or default. The warranties contained herein are separate and discrete from any other warranties
specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the
Seller's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document
incorporated in this Contract by reference.
10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards
promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the
product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the
Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction
made by Buyer will be at the Seller's expense.
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees
to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give
rise to the rightful claim of any third person by way of infringement of the like. Buyer makes no warranty that the
production of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be
liable to Seller for indemnification in the event that Seller issued on the grounds of infringement of the like. If Seller
is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two
weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for
the infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertains the production of the
goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void.
12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the availability of an
annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the
City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without
termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for
the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any
time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on
thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be
obligated under this contract beyond the date of termination
13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them
14. CANCELLATION. Buyer shall have the right to cancel for default all or any pan of the undelivered portion of
this order if Seller breaches any of the terns hereof including warranties of Seller or if the Seller becomes insolvent or
commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which
Buyer may have in law or equity
in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of
a 'Notice of Termination" specifying the extent to which performance of work under the order is terminated and the
date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of nbe
rights of Buyer set forth in Clause 14, herein.
16. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any
terms of provisions of this contract is delayed or prevented by any cause not within the control of the party whose
performance is interfered with, and which by the exercise ofreasonable diligence said party is unable to prevent.
1-. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any
obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by
Seller shall be wholly void and totally ineffective for all purpose unless made in conformitywith this paragraph.
18. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in pan by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in
writing signed by the aggrieved party.
19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance
provided by Buyer in its advertisement for bids, and any other documents provided by Seller as pan of his bid,
is intended by the parties as a final expression of thew agreement and intended also as a complete and exclusive
statement of the terns of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this
agreement, the definition contained in the Code is to control.
20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Wherever the term
"Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in
the State of Texas as effective and in force on the date of this agreement.
21. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other
party's intent to perform he may demand that the other party give written assurance of his intent to perform In the
event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this
failure as an anticipatory repudiation of the contract.
22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and
employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and
expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which
may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through
negligence or omission of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the
Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses
arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any
such action, the Seller shall, at its own expenses, satisfy and discharge the sane Seller expressly understands and
agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided.
23. TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of this
contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default
of this agreement.
14. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to
this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response
to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in
consideration for an award.
25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent
jurisdiction Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted
right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document,
this provision shall control.
26. RIGHT TO AUDIT. At any time during the term of the contract, or thereafter, the City, or a duly authorized
audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to
audit Contractor's records and books relevant to all services provided to the City under this Contract In the event such
an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount
of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to
deduct such amounts owing the City from any payments due Contractor.
27. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from
the Director of Purchasing and Contract Management.
28. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited.
Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a
vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service
with Iran. Sudan or a foreign terrorist organization
29. Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a
governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties
at the time the business entity submits the signed contract to the governmental entity or state agency Instructions for
completing Form 1295 are available at: hate. www.ct.lubbock.tx.us/departmental-
websues deparrmenispurrhasmc vendor nfom�t lion
30. No Boycott of lsraeL Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that
either (i) it meets an exemption criteria under Section 2271.002: or (ii) it does not boycott Israel and will not boycott
Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it
exempt from the boycott certification in its Response.
31. No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Government Code, Respondent
certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott Energy
Companies and will not boycott Energy Companies during the term of the contract resulting from this solicitation.
Respondent shall state any facts that make it exempt from the boycott certification in its Response.
32. No Boycott of a Firearm Entity or Firearm Trade Association. Pursuant to Section 2274 of the Texas
Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002, or (ii) it
does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm
Trade Association during the term of the contract resulting from this solicitation. Respondent shall state any facts that
make it exempt from the boycott certification in its Response.
33. Contracts with Companies Engaged in Business with Iran Sudan or Foreign Terrorist Organization Prohibited.
Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a
vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or
service with Iran, Sudan or a foreign terrorist organization
34. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter 1, Chapter 552, Government Code,
may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or
vendor knowingly or intentionally fails to comply with a requirement of that subchapter.
35. Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the following
email address for which public information requests may be made by an emailed request: QnLa Tj J, 1,�+. Please
send this request to this email address for it to be processed
15 TERMINATION The performance of work under this order may be terminated in whole, or in part by the Buyer
REV. 3. 2022
Soft! .n �n w a ONE
City of Lubbock, TX
Date
10/03/2022
1625 13th Street
Customer No
Lubbock, TX 79401
Your Reference
EA Renewal M365 Updated (OG)
Account Manager
Levi Wolff
Your Contact Person
statestore us
E-Mail
statestore.us@softwareone.com
OurTaxlD
39-1501504
Quote US-QUO-1050008
Invoice Address Shipping Address License Address
City of Lubbock, TX City of Lubbock, TX
1625 13th Street 1625 13th Street
Lubbock, TX 79401 LUBBOCK, TX 79401
Jerrid Sanders
isanders@mail.ci.lubbock.tx.us
Start Date
Version
Description
End Date
OS
Amount
Pas. No.
Manufacturer Disc -Lev.
Format
Lic. Model
Lic. Metrics Oty.
Unit Price Sales Tax
(USD)
DIR-TS0-4061
EA Renewal
11 112022-10/31 /2025
Year 1
10 J5U-00004
Azure Monetary Commitment G ShrdSvr Commit Provision
NON-SPEC/AL
Government Monthly Subscription Add Prod
Non -Specific
Microsoft LEVEL D
SUB
IEA ADD G
i
0.00
D.00
0.00
20 AAD-34700
M365 G3 Unified FSA GCC Sub Per User
NON-SPEC/AL
Monthly Subscription
Non-Speafic
Microsoft LEVEL D
SUB
IEA
1,375
327.24
0.00
449,955.00
30 AAD-63092
M365 F3 Unified GCC Sub Per User
NON-SPEC/Al.
Government Monthly Subscription
Non -Specific
Microsoft LEVEL
SUB
IEAADD G
1,140
84.96
0.00
96,854.40
40 SFR-00001
Power Automate GCC Sub Per User
NON-SPEC/AL
Government Monthly Subscription Add Prod
Non -Specific
Microsoft LEVEL D
SUB
IEA ADD G
2
163.20
0.00
326.40
Software One, Inc.
2D875 Crossroads Circle
Phone
+800 444 9890
Suite 1 Waukesha,
Fax:
+262 317 5554
WI53186
Email:
mfo.us@softwereoneoom
Web.
www softwareone oom
SOftWar�ONE
Quote US-QUO-1050008
Start Date
Version
Description
End Date
OS
Amount
Pos. No.
Manufacturer Disc -Lev. Format
Lic. Model
Lic. Metrics
Oty.
Unit Price Sales Tax
(USD)
50
DDJ-00001
Power BI Pro GCC Sub Per User
NON-SPEC/AL
Government Monthly Subscription
Non -Specific
Microsoft LEVEL D SUB
IEA GOV
25
93.00
0.00
2,325.00
60
7E7-00001
Protect P3 FSA GCC Sub Per User
NON-SPEC/AL
Government Monthly Subscription
Non -Specific
M,crosoft LEVEL D SUB
IEA GOV
25
236.40
0.00
5,910.00
70
7JQ-00343
SOL Server Enterprise Core 2 Lic
NONSPEC/AL
Government 1 Year SA Add Prod
Non -Specific
Microsoft LEVEL D MNT
IEA ADD G
13
2.223.24
0.00
28,902.12
80
7NO-00292
SOL Server Standard Core 2 Lic Core Lic
NON-SPEC/AL
Government 1 Year SA Add Prod
Non -Specific
Microsoft LEVEL D MNT
IEA ADD G
27
58012
0.00
15.663.24
90
NYH-00001
Teams AC with Diai Out US/CA GCC Sub Add -on
NOWSPEGAL
Monthly Subscription
Non -Specific
Microsoft LEVEL D SUB
IEA
2,515
0.00
0.00
0.00
100
91(4-00003
VistoPlan2FrmSAGCC PerUsr
NONSPEC/AL
Government Monthly Subscription Added Prod
Non -Specific
Microsoft LEVEL D SUB
IEA ADD G
20
118.56
0.00
2,371.20
110
7713-00111
Visual Studio Professional w/MSDN
NON-SPEC/Al.
Government 1 Year SA Add Prod
Non -Specific
M,Cosoft LEVEL D MNT
IEA ADD G
6
304.07
0.00
1,824.42
120
9EA-00278
Wndows Server DataCenter Core 2 Lic Core Lic
NON-SPEC/AL
Government 1 Year SA Add Prod
Non -Specific
Microsoft LEVEL D MNT
IEA ADD G
616
125.25
0.00
77,154.00
130
9EM-00270
Windows Server Standard Core 2 Lic Core Lic
NONSPEC/AL
Government 1 Year SA Add Prod
Non -Specific
Microsoft LEVEL D MNT
IEA ADD G
105
19.78
0.00
2,076.90
Total Year 2 $683,362.68
Total Year 3 $683,362.68
3 Year Commitment Grand Total $2,050,088.04
Total USD excl. Tax 683,362.68
Tax 0.00
Total USD Incl. Tax 683,362.68
Thank you for your request for quote.
This offer is non -binding. Prices are subject to change if supplier prices or currency values fluctuate.
Unless customer & SoftwareONE have executed a reseller agreement, customer hereby agrees that by placing an order with SoftwareONE customer will be bound by SoftwareONE's terms &
Software One, Inc.
20875 Crossroads Circle
Phone:
+800 444 9890
Suite 1 Waukesha,
Fax:
+262 317 5554
Wl53186
Email:
info.us@wftwareone.com
Web:
www softwareone.com
software ONE
Quote US-QUO-1050008
Start Date Version
Description End Date OS Amount
Pos. No. Manufacturer Disc -Lev. Format Lic. Model Lic. Metncs Qtv. Unit Price Sales Tax (USO)
conditions, located at www.softwareone com, and the placement of your order represents your agreement thereto. If Customers required by iaw to withhold any tax from amount payable,
the amount payable will be increased so that after making all required withholdings, SoftwareONE receives equal to the amount it would have received had no such withhold,ngs been made
Payment Tennis 30 Days net
Shipping Method Electronic Software Delivery
Quote valid until 10/31/2022
Prices are based on 30 Days net, FOB SoftwareONE. Shipping and Handling and applicable Sales Tax are additional. Once SoftwareONE places an order Is placed with a Licensor,
Customer's order will be binding and non -cancelable, except as otherwise provided by the Licensoes Return Policies.
CONFIDENTIAL INFORMATION: This Quote, and any attachment Is intended only for the person or entity to which it is addressed, and contains confidential and/or privileged
Information. Any review, retransmission, dissemination or other use of this Information to persons or entities other than the Intended recipient is prohibited.
View or place within PyraCloud: https://portal.softwareone.com/Quotes/DocumentDetaiVUS/US-QUO-1050008
Software One, Inc.
20875 Crossroads Circle Phone -800 444 9890
Suite 1 Waukesha, Fax -262 317 5564
Wl53186 Email mfo.usGsoftwareonecom
Webwwwsoftwareone.com
Program Signature Form
MBA/MBSA number
Agreement number 01 E73535
Volume Licensing
7-334B207BX4
Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the
associated active number be indicated here, or listed below as new.
For the purposes of this form, "Customer" can mean the signing entity, Enrolled Affiliate,
Government Partner, Institution, or other party entering into a volume licensing program agreement.
This signature form and all contract documents identified in the table below are entered into between
the Customer and the Microsoft Affiliate signing, as of the effective date identified below.
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read
and understand the above contract documents, including any websites or documents incorporated by
reference and any amendments and (2) agree to be bound by the terms of all such documents.
Name of Entity (must be I c�r
ame)* City of Lubbock
Signature*
Printed First and Last
Printed Title
Signature Date*
Tax ID
indicates required field
Mayor ----
October 27, 2022
Microsoft Corporation
Signature '
9arhony n,l,n ^IL]�t7G_2071 iGIF on7_
Printed First and Last Name Anthony Dulaney
Printed Title Authorized Signer
Signature Date 10/26/2022
(date Microsoft Affiliate countersigns)
Agreement Effective Date
(may be different than Microsoft's signature date)
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 1 of 2
Document X20-12883
Optional 2nd Customer signature or Outsourcer signature (if applicable)
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
If Customer requires additional contacts or is reporting multiple previous Enrollments, include the
appropriate form(s) with this signature form.
After this signature form is signed by the Customer, send it and the Contract Documents to Customer's
channel partner or Microsoft account manager, who must submit them to the following address. When
the signature form is fully executed by Microsoft, Customer will receive a confirmation copy.
Microsoft Corporation
Dept. 551, Volume Licensing
6880 Sierra Center Parkway
Reno, Nevada 89511
USA
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 2 of 2
Document X20-12883
Microsoft
Enterprise Enrollment
Enterprise Enrollment number 76840323
(Microsoft to complete)
Previous Enrollment number 86439211
(Reseller to complete)
Volume Licensing
Framework ID
(11 applicable)
State and Local
This Enrollment must be attached to a signature form to be valid.
This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form
as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of
the Customer, that entered into the Enterprise Agreement identified on the program signature form.
This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement
identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online
Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form,
and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment
may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment,
Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement.
All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of
any conflict the terms of this Agreement control.
Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or
more previous Enrollments or agreements, then the effective date will be the day after the first prior
Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the
renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will
be the date this Enrollment is accepted by Microsoft. Any reference to "anniversary date" refers to the
anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in
effect.
Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months
from the effective date of the initial term. The renewal term will expire 36 full calendar months after the
effective date of the renewal term.
Terms and Conditions
1. Definitions.
Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The
following definitions are used in this Enrollment:
"Additional Product" means any Product identified as such in the Product Terms and chosen by Enrolled
Affiliate under this Enrollment.
"Community" means the community consisting of one or more of the following: (1) a Government, (2) an
Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a
Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject
to Government regulations for which Customer determines and Microsoft agrees that the use of
Government Community Cloud Services is appropriate to meet Customer's regulatory requirements.
EA20201EnrGov(US)SLG(ENGXOct2019) Page 1 of 10
Document X20-10635
Membership in the Community is ultimately at Microsoft's discretion, which may vary by Government
Community Cloud Service.
"Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the
Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are
treated as Online Services, except as noted.
"Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise
Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products
must be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this
program.
"Expiration Date" means the date upon which the Enrollment expires.
"Federal Agency" means a bureau, office, agency, department or other entity of the United States
Government.
"Government" means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental
capacity.
"Government Community Cloud Services" means Microsoft Online Services that are provisioned in
Microsoft's multi -tenant data centers for exclusive use by or for the Community and offered in accordance
with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft
Online Services that are Government Community Cloud Services are designated as such in the Use Rights
and Product Terms.
"Industry Device" (also known as line of business device) means any device that: (1) is not useable in its
deployed configuration as a general purpose personal computing device (such as a personal computer), a
multi -function server, or a commercially viable substitute for one of these systems; and (2) only employs an
industry or task -specific software program (e.g. a computer -aided design program used by an architect or
a point of sale program) ("Industry Program"). The device may include features and functions derived from
Microsoft software or third -party software. If the device performs desktop functions (such as email, word
processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance),
then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program
functionality; and (2) must be technically integrated with the Industry Program or employ technically
enforced policies or architecture to operate only when used with the Industry Program functionality.
"Managed Device" means any device on which any Affiliate in the Enterprise directly or indirectly controls
one or more operating system environments. Examples of Managed Devices can be found in the Product
Terms.
"Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and
is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running
Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access
a virtual desktop infrastructure ("VDI"). Qualified Devices do not include any device that is: (1) designated
as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At
its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is
used by or for the benefit of the Enrolled Affiliate's Enterprise as a Qualified Device for all or a subset of
Enterprise Products or Online Services the Enrolled Affiliate has selected.
"Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a
Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access
License or any Enterprise Online Service. It does not include a person who accesses server software or
an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms.
"Reseller" means an entity authorized by Microsoft to resell Licenses under this program and engaged by
an Enrolled Affiliate to provide pre- and post -transaction assistance related to this agreement;
"Reserved License" means for an Online Service identified as eligible for true -ups in the Product Terms,
the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service
available for activation.
EA20201EnrGov(1JS)SLG(ENGX0ct2019) Page 2 of 10
Document X20-10635
"State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any
United States county, borough, commonwealth, city, municipality, town, township, special purpose district,
or other similar type of governmental instrumentality established by the laws of Customer's state and
located within Customer's state's jurisdiction and geographic boundaries.
"Tribal Entity" means a federally recognized tribal entity performing tribal governmental functions and
eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian
tribe.
"Use Rights" means, with respect to any licensing program, the use rights or terms of service for each
Product and version published for that licensing program at the Volume Licensing Site and updated from
time to time. The Use Rights include the Product -Specific License Terms, the License Model terms, the
Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights
supersede the terms of any end user license agreement (on -screen or otherwise) that accompanies a
Product.
"Volume Licensing Site" means http://www.microsoft.com/licensing/contracts or a successor site.
2. Order requirements.
a. Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 250
Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for
Enterprise Products or Enterprise Online Services.
(i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all
Qualified Users or Qualified Devices, depending on the License Type, with one or more
Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise
Online Services (as long as all Qualified Devices not covered by a License are only used
by users covered with a user License).
(ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled
Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online
Services.
b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled
Affiliate may order Additional Products.
c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has
more restrictive use rights than the version that is current at the start of the applicable initial or
renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled
Affiliate's use of that Product during that term.
d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used
on its initial order and on any additional orders.
e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United
States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be
submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled
Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the
Reseller based on those terms. Throughout this Agreement the term "price" refers to reference
price. Resellers and other third parties do not have authority to bind or impose any obligation
or liability on Microsoft.
f. Adding Products.
(i) Adding new Products not previously ordered. New Enterprise Products or Enterprise
Online Services may be added at any time by contacting a Microsoft Account Manager or
Reseller. New Additional Products, other than Online Services, may be used if an order is
placed in the month the Product is first used. For Additional Products that are Online
Services, an initial order for the Online Service is required prior to use.
EA20201 EnrGov(US)SLG(ENGX0ct2019) Page 3 of 10
Document X20-10635
(ii) Adding Licenses for previously ordered Products. Additional Licenses for previously
ordered Products other than Online Services may be added at any time but must be
included in the next true -up order. Additional Licenses for Online Services must be ordered
prior to use, unless the Online Services are (1) identified as eligible for true -up in the
Product Terms or (2) included as part of other Licenses.
g. True -up requirements. Enrolled Affiliate must submit an annual true -up order that accounts
for any changes since the initial order or last order. If there are no changes, then an update
statement must be submitted instead of a true -up order.
(i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the
number of Qualified Devices and Qualified Users (if ordering user -based Licenses) at the
time the true -up order is placed and must order additional Licenses for all Qualified Devices
and Qualified Users that are not already covered by existing Licenses, including any
Enterprise Online Services.
(ii) Additional Products. For Additional Products that have been previously ordered under
this Enrollment, Enrolled Affiliate must determine the maximum number of Additional
Products used since the latter of the initial order, the last true -up order, or the prior
anniversary date and submit a true -up order that accounts for any increase.
(Ili) Online Services. For Online Services identified as eligible for true -up in the Product
Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to
use and payment may be deferred until the next true -up order. Microsoft will provide a
report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its
Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they
were ordered.
(iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of
Subscription Licenses at the Enrollment anniversary date on a prospective basis if
permitted in the Product Terms, as follows:
1) For Subscription Licenses that are part of an Enterprise -wide purchase, Licenses may
be reduced if the total quantity of Licenses and Software Assurance for an applicable
group meets or exceeds the quantity of Qualified Devices and Qualified Users (if
ordering user -based Licenses) identified on the Product Selection Form, and includes
any additional Qualified Devices and Qualified Users added in any prior true -up orders.
Step-up Licenses do not count towards this total count.
2) For Enterprise Online Services that are not a part of an Enterprise -wide purchase,
Licenses can be reduced as long as the initial order minimum requirements are
maintained.
3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may
reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate's
use of the applicable Subscription License will be cancelled.
Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true -up
order Enrollment anniversary date and effective as of such date.
(v) Update statement. An update statement must be submitted instead of a true -up order if,
since the initial order or last true -up order, Enrolled Affiliate's Enterprise: (1) has not
changed the number of Qualified Devices and Qualified Users licensed with Enterprise
Products or Enterprise Online Services; and (2) has not increased its usage of Additional
Products. This update statement must be signed by Enrolled Affiliate's authorized
representative.
(vi) True -up order period. The true -up order or update statement must be received by
Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third -
year true -up order or update statement is due within 30 days prior to the Expiration Date,
and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate
EA20201 EnrGov(US)SLG(ENGX0ct2019) Page 4 of 10
Document X20-10635
may submit true -up orders more often to account for increases in Product usage, but an
annual true -up order or update statement must still be submitted during the annual order
period.
(vii)Late true -up order. If the true -up order or update statement is not received when due,
Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and
Subscription License reductions cannot be reported until the following Enrollment
anniversary date (or at Enrollment renewal, as applicable).
h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate
may step-up to a higher edition or suite as follows:
(i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to
the true -up process.
(ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up
initially by following the process described in the Section titled "Adding new Products not
previously ordered," then for additional step-up Licenses, by following the true -up order
process.
i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents
submitted with or under this Enrollment, by providing notice by email and a reasonable
opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor
mistakes, unintentional additions and omissions. This provision does not apply to material
terms, such as the identity, quantity or price of a Product ordered.
j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance
with this Enrollment as set forth in the Enterprise Agreement.
3. Pricing.
a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all
Products ordered under this Enrollment will be Level "D" throughout the term of the Enrollment.
b. Setting Prices. Enrolled Affiliate's prices for each Product or Service will be established by its
Reseller. Except for Online Services designated in the Product Terms as being exempt from
fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level,
Microsoft's prices for Resellers for each Product or Service ordered will be fixed throughout the
applicable initial or renewal Enrollment term. Microsoft's prices to Resellers are reestablished
at the beginning of the renewal term.
4. Payment terms.
For the initial or renewal order, Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual
installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and
remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent
orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront
for Online Services and upfront for all other Licenses.
5. End of Enrollment term and termination.
a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses
for Products it has used but has not previously submitted an order, except as otherwise
provided in this Enrollment.
b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew
Products by renewing this Enrollment for one additional 36-month term or by signing a new
Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal
order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal.
EA20201 EnrGov(US)SLG(ENGX0ct2019) Page 5 of 10
Document X20-10635
Microsoft may make changes to this program that will make it necessary for Customer and its
Enrolled Affiliates to enter into new agreements and Enrollments at renewal.
c. If Enrolled Affiliate elects not to renew.
(i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any
Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software
Assurance later without first acquiring a new License with Software Assurance.
(ii) Online Services eligible for an Extended Term. For Online Services identified as eligible
for an Extended Term in the Product Terms, the following options are available at the end
of the Enrollment initial or renewal term.
1) Extended Term. Licenses for Online Services will automatically expire in accordance
with the terms of the Enrollment. An extended term feature that allows Online Services
to continue month -to -month ("Extended Term") is available. During the Extended
Term, Online Services will be invoiced monthly at the then -current published price as
of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled
Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft
at least 30 days prior to the Expiration Date.
2) Cancellation during Extended Term. At any time during the first year of the
Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a
notice of cancellation to Microsoft for each Online Service. Thereafter, either party
may terminate the Extended Term by providing the other with a notice of cancellation
for each Online Service. Cancellation will be effective at the end of the month following
30 days after Microsoft has received or issued the notice.
(iii) Subscription Licenses and Online Services not eligible for an Extended Term. If
Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as
of the Expiration Date. Any associated media must be uninstalled and destroyed and
Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written
certification to verify compliance.
d. Termination for cause. Any termination for cause of this Enrollment will be subject to the
"Termination for cause" section of the Agreement. In addition, it shall be a breach of this
Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government
Community Cloud Services fails to meet and maintain the conditions of membership in the
definition of Community.
e. Early termination. Any early termination of this Enrollment will be subject to the "Early
Termination" Section of the Enterprise Agreement.
For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an
Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid
in advance for the period after termination.
6. Government Community Cloud.
a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud
Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use
Government Community Cloud Services solely in its capacity as a member of the Community
and, for eligible Government Community Cloud Services, for the benefit of end users that are
members of the Community. Use of Government Community Cloud Services by an entity that
is not a member of the Community or to provide services to non -Community members is strictly
prohibited and could result in termination of Enrolled Affiliate's license(s) for Government
Community Cloud Services without notice. Enrolled Affiliate acknowledges that only
Community members may use Government Community Cloud Services.
b. All terms and conditions applicable to non -Government Community Cloud Services also apply
EA20201EnrGov(US)SLG(ENGX0ct2019) Page 6 of 10
Document X20-10635
to their corresponding Government Community Cloud Services, except as otherwise noted in
the Use Rights, Product Terms, and this Enrollment.
c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and
corresponding non -Government Community Cloud Services in the same domain.
d. Use Rights for Government Community Cloud Services. For Government Community
Cloud Services, notwithstanding anything to the contrary in the Use Rights:
(i) Government Community Cloud Services will be offered only within the United States.
(ii) Additional European Terms, as set forth in the Use Rights, will not apply.
(iii) References to geographic areas in the Use Rights with respect to the location of Customer
Data at rest, as set forth in the Use Rights, refer only to the United States.
EA20201 EnrGov(US)SLG(ENGXOct2019) Page 7 of 10
Document X20-10635
Enrollment Details
1. Enrolled Affiliate's Enterprise.
a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate's
Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of
Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities.
Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise
to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the
Enterprise to include the largest number of Affiliates:
® Enrolled Affiliate only
❑ Enrolled Affiliate and all Affiliates
❑ Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included
if fewer than all Affiliates are to be included in the Enterprise):
❑ Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded:
b. Please indicate whether the Enrolled Affiliate's Enterprise will include all new Affiliates acquired
after the start of this Enrollment: Exclude future Affiliates
2. Contact information.
Each party will notify the other in writing if any of the information in the following contact information page(s)
changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate
consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties
that help administer this Enrollment. The personal information provided in connection with this Enrollment
will be used and protected in accordance with the privacy statement available at
hftps://www.microsoft.com/licensing/servicecenter.
a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled
Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing
Service Center and may grant online access to others. The primary contact will be the default
contact for all purposes unless separate contacts are identified for specific purposes
Name of entity (must be legal entity name)* City of Lubbock
Contact name* First Marta Last Alvarez
Contact email address* malvarez@mail.ci.lubbock.tx.us
Street address* 1625 13th Street
City* Lubbock
State* TX
Postal code* 79401-3830-
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country* United States
Phone* +1 806 775 2572
Tax ID
* indicates required fields
b. Notices contact and Online Administrator. This contact (1) receives the contractual notices,
(2) is the Online Administrator for the Volume Licensing Service Center and may grant online
access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies,
including adding or reassigning Licenses and stepping -up prior to a true -up order.
EA20201 EnrGov(US)SLG(ENGX0ct2019) Page 8 of 10
Document X20-10635
❑ Same as primary contact (default if no information is provided below, even if the box is not
checked).
Contact name* First Marta Last Alvarez
Contact email address* malvarez@mail.ci.lubbock.tx.us
Street address* 1625 13th Street
City* Lubbock
State* TX
Postal code* 79401-3830-
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country* United States
Phone* +1 806 775 2572
Language preference. Choose the language for notices. English
❑ This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives
personally identifiable information of the Customer and its Affiliates.
* indicates required fields
c. Online Services Manager. This contact is authorized to manage the Online Services ordered
under the Enrollment and (for applicable Online Services) to add or reassign Licenses and
step-up prior to a true -up order.
Same as notices contact and Online Administrator (default if no information is provided below,
even if box is not checked)
Contact name*: First Marta Last Alvarez
Contact email address* malvarez@mail.ci.lubbock.tx.us
Phone* +1 806 775 2572
❑ This contact is from a third party organization (not the entity). Warning: This contact receives
personally identifiable information of the entity.
* indicates required fields
d. Reseller information. Reseller contact for this Enrollment is:
Reseller company name* SoftwareONE, Inc.
Street address (PO boxes will not be accepted)* 20875 Crossroads Circle, Suite 1
City* Waukesha
State* WI
Postal code* 53186-4093
Country* United States
Contact name* MS Admin
Phone* 262-317-5555
Contact email address* ms-admin.us@softwareone.com
* indicates required fields
By signing below, the Reseller identified above confirms that all information provided in this
Enrollment is correct.
Signature*� f Yl7C�GZJ7' _
Printed name* Bridget Hardwick
Printed title* PCE-CSM
Date* 10/26/22
* indicates required fields
Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with
each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the
Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the
EA20201EnrGov(US)SLG(ENGX0ct2019) Page 9 of 10
Document X20-10635
other party using a form provided by Microsoft at least 90 days prior to the date on which the
change is to take effect.
e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental
Contact Information form. Otherwise, the notices contact and Online Administrator remains
the default.
(i) Additional notices contact
(ii) Software Assurance manager
(iii) Subscriptions manager
(iv) Customer Support Manager (CSM) contact
3. Financing elections.
Is a purchase under this Enrollment being financed through MS Financing? ❑ Yes, 17 No.
If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to
finance any associated taxes, it must pay these taxes directly to Microsoft.
EA20201EnrGov(US)SLG(ENGX0ct2019) Page 10 of 10
Document X20-10635
Microsoft
Volume Licensing
Previous Enrollment(s)/Agreement(s) Form
Entity Name: City of Lubbock
Contract that this form is attached to: State Local Government
For the purposes of this form, "entity" can mean the signing entity, Customer, Enrolled Affiliate,
Government Partner, Institution, or other party entering into a volume licensing program agreement.
Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s),
and/or Affiliate Registration(s) being renewed or consolidated into the new contract identified above.
a. Entity may select below any previous contract(s) from which to transfer MSDN subscribers
to this new contract. Entity shall ensure that each MSDN subscriber transferred is either
properly licensed under the new contract or is removed.
b. Entity may select below only one previous contract from which to transfer the Software
Assurance (SA) Benefit contact details, i.e., benefits contact (not the SA manager) and the
program codes, to this new contract.
c. An Open License cannot be used to transfer either the SA Benefit details or MSDN
subscribers.
d. The date of the earliest expiring Enrollment/Agreement that contains SA or Online Services
will be the effective date of the new contract (or SA coverage period for Select Plus).
e. Please insert the number of the earliest expiring Enrollment/Agreement with SA or Online
Services in the appropriate fields of the new contract.
PrevEnrAgrForm(WW)(ENG)(Oct2019) Page 1 of 1
Document X20-12873
Microsoft
Amendment to Contract Documents
Enrollment Number 76840323
Volume Licensing
7-334B2O7BX4
These amendments are entered into between the parties identified on the attached program signature
form. They amend the Enrollment or Agreement identified above. All terms used but not defined in
these amendments will have the same meanings provided in that Enrollment or Agreement.
Enterprise Enrollment (Indirect)
Invoice for Quoted Price
Amendment ID M97
The price quoted to Enrolled Affiliate's Reseller is a fixed price based on an estimated order submission
date. Microsoft will invoice Enrolled Affiliate's Reseller based on this fixed price quote. If this order is
submitted later than the estimated order submission date, Enrolled Affiliate's Reseller will be charged
for net new Monthly Subscriptions (including Online Services) for the period during which these services
were not provided. Pricing to Enrolled Affiliate is agreed between Enrolled Affiliate and Enrolled
Affiliate's Reseller.
SKU Number
SKU Description
Existing Quantity
Incremental
quantities
AAD-34700
M365 G3 Unified FSA
GCC Sub Per User
1375
9K4-00003
Visio P2 FSA GCC Sub
Per User
20
AAD-63092
M365 F3 Unified GCC
Sub Per User
1140
SFR-00001
Power Automate GCC
Sub Per User
2
7E7-00001
Project P3 FSA GCC Sub
Per User
25
NYH-00001
Teams AC with Dial Out
US/CA GCC Sub Add o
2515
DDJ-00001
Power BI Pro GCC Sub
Per User
25
AmendmentApp v4.0 M97,CTM-CTC-PUR-M785 BD
Page 1 of 2
Enterprise Enrollment
Microsoft 365 and Office 365 Firstline Worker Licenses
for Users with Tablets
Amendment ID CTM-M785
For purposes of the Enrollment, the parties agree that the Product Terms are amended by adding the
following new section:
Microsoft 365 F1/F3 and Office 365 F3 Firstline Worker licenses may also be assigned to users that
use a Dell Latitude 7220 Rugged Extreme tablet with 11.9" screen as their primary work device,
regardless of whether the tablet is dedicated to the user or shared.
Except for changes made by these amendments, the Enrollment or Agreement identified above remains
unchanged and in full force and effect. If there is any conflict between any provision in these
amendments and any provision in the Enrollment or Agreement identified above, these amendments
shall control.
This Amendment must be attached to a signature form to be valid.
Microsoft Intenmal Use Only:
(M97)EnrAmend(Ind)(InvoiceforQuotedPrice)(
M97
B
WW)(ENG Oct2020 IU .docx
(M785)EnrAmend(Microsoft365andOffice365F
CTM
CTM-CTC-PUR-M785
BD
irstl ineWorkerLicensesforU serswithTabletsxW
W)(ENG Oct2021 IU .docx
AmendmentApp v4.0 M97,CTM-CTC-PUR-M785 BD
Page 2 of 2
Enterprise Enrollment Product Selection Form
Proposal ID
1244981.004
Language: English (United States)
Microsoft I Volume Licensing
Enrollment Number
76840323
Enrolled Affiliate's Enterprise Products and Enterprise Online Services summary for the initial order:
Qualified
Device / User
CAL Licensing
Profile
Qualified Users
Enterprise Product Platform
Devices
Ratio
Model
Enterprise
1 375
1.375
1.0
No
User Licenses
Products Enterprise Quantity
Microsoft 365 Enterprise
M365 G3 GCC FromSA Unified 1,375
Enrolled Affiliate's Product Quantities:
Price Group
1
2
3
4
Enterprise Products
Office Professional Plus +
Client Access License +
Client Access
Win E3 + Win E5 +
M365 Apps for Enterprise +
Office 365 (Plans El, E3
License + Windows
Win VDA +
Office 365 (Plans E3 and E5) +
and E5) + Microsoft 365
Intune + EMS USL +
Microsoft 365
Microsoft 365 Enterprise
Enterprise
Microsoft 365
Enterprise
Enterprise
Quantity
1375
1375
1375
1375
Enrolled Affiliate's Price Level:
Product Offering / Pool
Price Level
Enterprise Products and Enterprise Online Services USLs: Unless otherwise indicated in associated contract
documents, Price level set using the highest quantity from Groups 1 through 4.
D
Additional Product Application Pool: Unless otherwise indicated in associated contract documents, Price level
set using quantity from Group 1.
D
Additional Product Server Pool: Unless otherwise indicated in associated contract documents, Price level set
using the highest quantity from Group 2 or 3.
D
Additional Product Systems Pool: Unless otherwise indicated in associated contract documents, Price level set
using quantity from Group4.
D
NOTES
Unless otherwise indicated in the associated contract documents, the price level for each Product offering I pool is set as described
above, based upon the quantity to price level mapping below:
Page 1 of 2
EA-EASProdSelForm(VW1)(ENG) MS Quote
Enterprise Enrollment Product Selection Form
Microsoft I Volume Licensing
Quantity of Licenses and Software Assurance
Price Level
2,399 and below
A
2.400 to 5.999
B
6,000 to 14,999
c
15,000 and above
D
Note 1: Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these
may be purchased.
Note 2: If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool,
he price level for Additional Products in the same pool will be price level "A' throughout the term of the Enrollment. Refer to the Qualifying
Government Entity Addendum pricing provision for more details on price leveling.
EA-EASProdSelForm(VW1)(ENG)
Page 2 of 2
MS Quote