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Home My WebLink AboutResolution - 2023-R0528 - PO 33001792, Microsoft Corporation, Annual Renewal - 10/24/2023Resolution No. 2023-R0528 Item No. 5.23 October 24, 2023 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 No. 33001792, for a renewal of Enterprise Services and Support, as per DIR-CPO-4911, by and between the City of Lubbock and Microsoft Corporation, 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 October 24, 2023 ATTEST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: �-�C � , �� Brooke Witcher, Assistant City Manager APPROY� T�'ORM: City Attorney ccdocs IIIRES.Microsoft Corp-PurchaseOrd October 6, 2023 ��r� ��Tyof Lubbock PURCHASE ORDER T¢xas TO: MICROSOFT CORPORATION GO BANK OF AMERICA LOCKBOX 844510 1950 NORTH STEMMONS FWY, SU[TE 5010 DALLAS TX 75207 Page - 1 Date - 10/4/2023 Order Number 33001792 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, Direc of Purchasing & Contract Management Ordered 10/4/2023 Freight Requested 10/24/2023 Taken By Delivery Per J Zhine / Req #608340 D HEATH Q #GVS 12311 1 DIR-CPO-4911 lf vou have anv puestions please contact Jay Zhine at JZhine(a)tnail.ci./ubbock.tx.us or by phone at 806-7�'5-2366 Description/Supplier Item Ordered Unit Cost UM Extension Request Date MS Entrpr Sup Sry Ref U9038431 1.000 59,656.9400 EA 59,656.94 10/24/2023 2023-24 Unified EnterpriseSupp Unified Proactive Svcs Enterpr 1.000 9,453.0000 EA 9,453.00 10/24/2023 Add-on COL 2023-24 Enterprise Advisory Support 1.000 EA ]012412023 Hours as needed -Advisory Sery Enterpr Azure Problem Resolutn 1.000 EA 10/24/2023 Hours as needed -ProblResolutn Enterprise OnDemand Assessment On-Demand Assessment Enterpr Setup & Config Service As needed On-Demand Assessment Enterprise OnDemand Education On demand Education Enterprise Online Support 1.000 EA 10/24/2023 1.000 � .000 1.000 L�11 e� EA 10/24/2023 i or2a/2or 10/24/2023 Portal - Administrative ��►r ��of Lubbock PURCHASE ORDER TExas TO: MICROSOFT CORPORATION C/O BANK OF AMERICA LOCKBOX 844510 1950 NORTH STEMMONS FWY, SUITE 5010 DALLAS TX 75207 Page - 2 Date - 10/4/2023 Order Number 33001792 000 OP Branch/Plant 3410 SHIP TO: CITY OF LUBBOCK INFORMATION TECHNOLOGY 1314 AVENUE K - BASEMENT LUBBOCK TX 79401 NVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta Alvarez, uector of Purchasmg & Contract Management Ordered 10/4/2023 Freight . Requested 10/24/2023 Taken By Delivery Per J Zhine / Req #608340 Q#GVS12311 1 DIR-CPO-4911 DescriptionlSupplier Item Enterprise Problem Resolution Hours as needed - Support Enterpr Reactive Support Mgmt Service Deli�en Management Enterpr Service Delivery Mgmt Service Deliver� Management Enterprise Webcasts As-Needed Webcast Reactive Enabled Contacts Problem Resolution Support Custom Proactive Remote 112 Custom Proactive - Maintain Proactive Credits Proactive Credits - 4 ea Service Delivery Mgmt Extended Service Delivery Management D HEATH Ordered Unit Cost UM Extension Request Date 1.000 EA 1 Oi2412023 1.000 EA 10/24/2023 1.000 EA 1 01412 0 2 3 1.000 EA ] 0/4/2023 1.000 EA 1 01412 0 2 3 3.000 EA 10/4/2023 1.000 EA 10/4/2023 1.000 EA 10 �412023 '�►� City of Lubbock PURCHASE ORDER TEXAS TO: MICROSOFT CORPORATION C/O BANK OF AMERICA LOCKBOX 844510 1950 NORTH STEMMONS FWY, SUITE 5010 DALLAS TX 75207 Ordered 1.000 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta Alva z, Director of Purchasing & Contract Management Ordered 10/4/2023 Freight . Requested 10/24/2023 Taken By Delivery Per J Zhine / Req #608340 Q#GVS 12311 1 DIR-CPO-4911 Description/Supplier Item Onsite visit Onsite Support DesignatedEngr Proactive Tier2 Digital Workforce - Administr Designated Engr Time Digital Workforce-Designated Supp Engr Service Delivery Mgmt Extended Service Deli�ery Management Designated Engineering Digital Workforce - Tier 2 Flex Allowance Enterprise Services Work Order Software Assurance Benefits Enterprise Services Work Order Terms NET 30 Page - 3 Date - 10/4/2023 Order Number 33001792 000 OP Branch/Plant 3410 SHIP TO: CITY OF LUBBOCK INFORMATION TECHNOLOGY 1314 AVENUE K - BASEMENT LUBBOCK TX 79401 1.000 1.000 1.000 1.000 90,488.8100 EA 1.000 (25,000.0000) EA 1.000 (44,215.1400) EA (44,215.14) 1 01412 0 2 3 Total Order 90,383.61 Unit Cost UM Extension EA EA EA EA D HEATH Request Date 1014i2023 1 01412 0 2 3 1 01412 0 2 3 ] 0/412023 90,488.81 l Or4�2023 (25,000.00) 1 01412 0 2 3 ��I� Cityof pURCHASE ORDER Lubbock r�zns TO: MICROSOFT CORPORAT[ON CIO BANK OF AMERICA LOCKBOX 844510 1950 NORTH STEMMONS FWY, SUITE 5010 DALLAS TX 75207 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 Ordered 10/4/2023 Requested 10/24/2023 Delivery Per J Zhine / Req #608340 INSURANCE REQUIRED: Page - Date - Order Number Branch/Plant 4 10/4/2023 33001792 000 OP 3410 SHIP TO: CITY OF LUBBOCK INFORMATION TECHNOLOGY 1314 AVENUE K - BASEMENT LUBBOCK TX 79401 Marta A arez, Director of Purchasing & Contract Management Freight . Taken By D HEATH Q #GVS12311 1 DIR-CPO-4911 Commercial General Liabilitv: Workers Comaensation and Emplover Liabilitv: N/A $1M occurrence /$2M 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. Commercial General Liability to include Products — Additional Policies: Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses Cyber Liability Requirements: $1M of coverage is (any one person). needed for Cyber Liability Automotive Liabilitv: Technology Errors and Omissions Requirements: $1 M $1M occurrence is needed. of coverage is needed *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 ca same limits as listed above. This purchase order encumbers funds in the amount of $90,383.61 awarded to the Microsoft Corporation of Dallas, TX, on October 24 , 2023. The following is incorporated into and made part of this purchase order by reference: Quote dated October 03, 2023, from Microsoft Corporation of Dallas, TX, and DIR Contract DIR-CPO-4911. Resolution # 2023-R052 CITY O ' O ' Tray , yor ' ST: Courtney Paz, City Secr ry Rev. 3/2022 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AIYD CONDITIONS ACCEPTANCE OF THIS PURCHASE ORDER: CONTRACTOR ACKNOWLEDCES bv supplvme anv Goodc or Smica that the Contractor has read Pol�v �nders�ands and will be in full compliance with all �ema and condi�ions and �he darnptive matenal contained here�n � d dd�� I � �nl d � Mi A d ms The Citv d��claims anv terms and conditions orovided bv the Contrador unless aereed uoon in �mtme bv the oama In Ihe event of con0�ct between the Otv�s �ema and conditions and anv trnns and condnions orovided bv the Comractor �he tems and conditions vrovided hercin shall orevail The �ertnc a d condinons orouided haem are the final �ertns aereed uoon bv �he pania. and anv orior conllictine tmnc shall be of no farce or eflea. I. SELLER TO PACKAGE GOODS Sella wdl package goods in accordance wi�h good commercial practice. Each shipping container slull be clearly and pmnanently marlced as follows (a) Seller's name and addras, (b) Cons�gnee's name, addras and purchase order or purchase release number and the supply agreement number if applicable, (c) Comainer number and total number of containers, e.g. boz I of 4 boxa, and (d) the num6er of the container bearing the packmg sl�p. Seller shall bear cost of packaging unlas othmvise provided. Goods shall be suitably packed to secure Iowat transportatwn cos�s and lo confortn with requiremenis of common carriers and any applicable specifications. Buyer's coum or weight shall be final and conclusive on shipments nat accompanicd by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authofized �o ship �he goods under raervation and no lender of a bdl of lading wdl opera�e az a tender of goods. 3. TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer unlil Buyer actually rcceiva and laka possession o( �he goods at �he point or pomts of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER Every �ender of delivery o(goods must (ullycomplywith all provisions of this contracl az to �ime of delivery, quahty and �he like. Ifa trnder is made which does no� fully confolm, �his shall constitute a brcach and Seller shall not have the nght to subs�i�ute a confolming tendtt, provided, where the �ime for perPormance has not ys� ezpired, the Seller may reasonably noti(y Buyer of his inlrntion to cure and may Ihen make a mnfolming renda wilhin the comaa time but �wt aftenvard. 5. INVOICES & PAYMENTS a S e 1 I e r shall submit separate invoica, in dupliwte, one wch purchase order or purchase rclease afler wch deliaery Invoices shall indicate �he purchase orda or purchau rcleue number and the supply agreement number i( applicable Invo�ces shall be itemized and traisponaiion charga, if any, shall be listed upara�ely. A copy of Ihe bdl of ladmg, and the fre�ght waybill when applicable, should be auached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above inswmenls are submitted after delivery 6. GRATUITIES. The Bu�xr may, by wrilten notim �o the Sella, cancel Ihis contaa withow liability to Seller if it is determined by Buyer �hat grawitia, in Ihe form of rntertamment, gifts or othe�wise, were ofTaed or given by the Sella, or any agent or represenla�ive of �he Seller, to any oRca or employxe of the City of Lubbock with a viav �o securing a comract or securing (avorable trwtment with rapect to �he awarding or arnending, or �he making of any detrnninations with rcspect w the performing of wch a contratt. In Ihe event this contac� is canceled by Buyer pursuant to this provision, Buyer shall be emitled, in addi�ion �o any other rights and remedies, to recova or withlrold �he amount of the cost incurted by Seller in providing such gmtuities. 7. SPECIAL TOOLS & TEST EQUfPMENT. If the price staled on �he face hneof includa Ihe cost of any special �ooling or special lest equipment Fabricated or requ'ved by Sella for the pu`pose of filling this order, such special looling equipment and any process sheets rela�ed �hereto shall become �he property of the Buysr and lo Ihe extrnt feasible shall be identified by the Seller u such. 8. WARRAN'fY•PRICE. a The price lo be paid by the Buyxr shall be that contained in Seller's bid which Seller wa�rants to be no higher than Seller's cuarnl proc�s on orders by others for products of the kind and specification covered by Ihis agreement for similar quamitia under similar of like condilions and me�hads of purchase. In the event Seller breacha �his wartanty, the prices of �he items shall be reduced �o the Seller's currem prica on orders by o�hers, or in the altemative. Buyer may cancel Ihis wntraa without liability lo Seller for brcach or Seller's actual expense. b. The Sella wamanis �hat no person or selling agency has been employed or Mained to solicit or securc this contrad upon an agreemem or understanding for commission, percrntage, brokerage, or comingem fee excep�ing bona fide employea of bona fide atablished commercial or selling agencia maintained by Ihe Seller for the pmpou of securing business. For brcach of vicia�ion of this warranty Ihe Buyer shall have �he right in addition to any other righ� of righis to cancel �his contraa without Iiability and to deduc� from the contract price, or othmvise recovawithout liabilityand ro dalua from the contrad price, or othmvise rccova the full amount ofsuch commission, percentage, brokerage or contingent fee. 9. WARRANTY-PRODUCT. Seller shall not limit or exclude any implicd warramies and any altempt to do m shall render this contract voidable a� �he option o(the Buyer. Seller wartanis that the goods (umished will conform lo the specifica�ion, drawings, and descriptionc lis�ed in the bid invitation, and to the sample(s) fumished by the Seller, if any. In the event of a conflia or behvmn �he specifica�ions, drawmgs, and descriptions, the specifications shall govem. Nonvititstanding any provisions contained in the contaaual agreement, Ihe Seller rcpraents and wartanls fault-&ee per(ormance and faull-free rault in the procasing date and date related data (including, but not limited to wlculating, comparing and sequencing) of all hardware, solhvare and fi�mwarc products delivered and smices provided under this Contract, individually or in combinatioq as the case may be Gom the effective date of �his Controcl. The obligations contained haein apply �o ptoducts and srnices provided by the Seller, its sub Seller or any third pany involved in �he creation or development of Ihe products and smices lo be delivaed to the City of Lubbock unda this Contrad. Failurc m comply with any of the obligations contained herein, may rault in the City of Lubbock availing i�self of any o( its righls undn the law and unda this Contraa including, but no� limited �o, its right pmaining to Imnination or default. The warrontia contained herein are uparate and disttele from any o�ha warranties specified in �his Contract, and are nol subja� �o any disclaimer of wartanty, implied or expressed, or limitalion of �he Seller's liability which may be specified in �his Contratt, its appmdices, i�s schedula, its annexes or any document incoryorated in �his Comract by rekrence. 10. SAFEfY WARRANTY. Sella warrams �hat the pmduc� wld to Ihe Bu�er shall confo�m to the slandards promulgated by the U. S. Department of Labor under �he Occupational Safety and Health Acl of 1970. In the evem �he product doa not confolm to OSHA standards, Buyer may rclum �he product for correction or replacement a� �he Seller's expense. In �he event Seller fails to make the appropria�e colmclion wi�hin a rcasonable lime, corteclion made by Buysf will be at the Seller's expense. 11. NO WARRAMY BY BUYER AGAINST INFRINGEMEM'S. As pan of this contract for sale Seller agrees ro azcmain whe�ha goods manufac�ured in accordance with the specifica�ion5 auached to this agreement will give rise lo the rightful claim of any Ihird person by way of inGingement of the like. Buyer makes no wartanty tha� the production of goods according to �he specificalion will not give rise to such a claim, and in no event shall Buyer be liable �o Seller for indemnifica�ion in the event thal Seller is sued on the grounds of infringement of ihe like. If Sella is of the opinion �hat an inRingemrnt or Ihe like will raul�, he will notify �he Buyer to �his effect in writing within two weeks aRa the signing of this agreement. If Buyer doa nol receive notice and is subsequenlly held liable for the infiingement or �he like, Seller will mve Buyer hamdess. If Seller in good fai�h azcenaint the produc�ion of �he goods in accordance wi�h �he specifications will result in infringement or �he like, the contraa shal� be null and void. 12. NON APPROPRIATION. All funds for payment by the Ciry under this contracl arc subja� to �he availability of an annual appropriation for this pulpox by �he Ci�y. In Ihe n�rnt of nonappropriation of funds by �he Ciry Council of the City of Lub6ock for the gaods or smices provided under �he contract, Ihe Cily will tmninate the contraa, without tem�ination charge or o�her liability, on �he last day of the then•cufrent fiscal year or when the appropriation made for the thrn-current year for the goads or srnica wvercd by �his contratt is spent, whichever evrnt occurs first. If at any lime funds are not appmpria�ed for the conlinuance of �his contrsc�, cancellalion shall be accryted by �he Sella on �hirty (30) days prior writtrn notice, but failure to give such notice shall be of no effecl and Ihe Ciry shall no� be obligated under this contract beyond Ihe date of trnninalion. 13. RIGHT OF MSPECTION. Buyer shall have the right to inspect �he goods at delivery before accepting Ihem 14. CANCELLATION. Buysr shall have �he right lo cancel Cor default all or any pan o( the undelivered ponion of Ihis orda if Seller brcacha any of the �rnnt hereo(including warramia of Sella or if the Seller becoma insolvent or commits acts of bankruptcy. Such right of cancellation is in addi�ion lo and not in lieu of any olher remedies which Buyzr may have in law or equity. I5. TERMINATION. The pttfomunce of work under this order may be lenninated in whole, or in part by the Buya in accordance with ihis provision. Tmnina�ion o( work hereunder shall be e(fceted by �he delrvery of the Seller of a"Nouce of Tmnmauon" specifying the exlrnt �o which per(ormance of work under the order a �ermmated and the date upon which such telminatian becomes efTective. Such right or �rnnination is in addi�ion �o and no� in lieu of the rights of Buyer set fonh in Clause 14, herein. 16. FORCE MAJEURE. Neither pany shall be held raponsible for lossa, raulting if the fulfillment of any tema of pmvisiont of this conlracl is delayed or prevrnted by any cause not within �he comml of the party whose per(ormance is intafaed with, and which by Ihe exercise of reazonable diligence said party is unable �o prevent. 17. ASSIGNMENT-DELEGATION. No right or interat in this comract shall be assigned or delega�ion of any obligation made by Sella without �he wri�ten prnnission of �he Buyer. Any attempted assignment or delegation by Seller shall be wholly void and tolally inefTalive for all pulposc unlas made in conformi�ywith this paragraph 18. WAIVER No claim or right arising out of a breach of this comract can be discharged in whole or in pan by a waiver or renunciation of the claim or right unless the waiver or renunciation is supponed by consideration and is in writing signed by the a�rieved party. 19. INTERPRETATION-PAROLE EVIDENCE. This writing, plus any spetifica�ionc for bids and performance provided by Bu}er in i�s advmisemenl (or bids, and any other documents provided by Seller as part of his bid, is intended by the panies as a final expression of Ihe'v agreement and intended also as a complete a� exclusive s�atement of the �emts of the'v agrecment. Whenever a trnn defined by the Uniform Commercial Code is used in this agreement, the definilion contained in the Code is �o wnuol. 20. APPLICABLE LAW. This agreemem shall be govemed by the Uniform Commercial Code. Wherever �he tmn "Unifortn Commercial Code" is uud, it shall be construed as meaning the Unifortn Commercial Code az adopted in the Sta�e of Texas as effective and in force on the da�e of this agrmment. 21. RIGHT TO ASSURANCE. Whenever one party to �his contraa in good faith has reason to quation Ihe other party's intenl to per(om� he may demand �ha� the otha party give wriltrn assurance o( his intrnt ro perform In the evem that a demand is made ar�d no assurance is given within five (5) days, the demanding pary may treat this failurc as an anticipamry repudiation of the contaa. 22. INDEMNIFICATION. Sella shall indemnify, keep and save harmlas the Buyer, its agenls, officials and employees, against all injuria, deattts, Ioss, damaga, claims, patent claims, suits, I�abilitia, judgmen�s, costs and expenses, which may in anywise accrue agains� �he Buyer in consequence of the granling of ihis Comract or which may anywise rauh therefrom, whe�her or not it shall be alleged or dMmnined that the ac� was caused through negligence or omission of �he Sella or its employees, or of the subSeller or assignee or its employea, if any, and �he Seller shall, al his own expense, appear, defend and pay all charges of attomtys and all costs and other expenses arising therefrom of inculred in connation themvith, and, if anyjudgment shall be rendered agains� �he Buytr m any such ac�ion, �he Seller shall, at its own expenses, saticfy a�d dischar�e Ihe ume Seller expressly understands and agrees �hat any bond required by �his contract, or o�hmvise provided by Seller, shall in no way limit the raponsibility �o indemnify, keep and save hafmlas and deknd the Buyer as herein provided 23. TQv1E. 1� is hereby expressly agreed and understood that time is of the essence for �he per(ormance of Ihis wntrac�, and (ailure by contraa to meet the �ime specifiwtiont o( Ihis agreement will cause Seller �o be m default of Ihis agreement. 24. MBE. The City of Lubbock hereby notifia all bidders tha� in rcgard to any contract entered into pursuant �o this requa�, minority and women businas enteryrisa will be afTorded equal opportuni�ies to submrt bids m response to this invitation and will nol be discriminated against on �he grounds o( 2ce, color, sez or nawral origm m considera�ion for an award. 25. NON-ARBITRATION. The Ciry rarnes Ihe right to exacise any right or rcmedy ro i� by law, contract, equity, or olhmviu, including wi�hout limitation, the right to seek any and all forms of rclief m a court of competent jurisdiction. Fu�her, �he Ciry shall no� be subjecl to any arbilration proceu prior ro exerc�smg i�s unrcstnc�ed right �o seek judicial rcmedy. The remcdies set forth herein are cumulative and no� exclusi�•e. and may be ezercised concufrenlly To �he ex�em of anycon0ia be�ween this provision and another provision in, or related to, �his document, �his provision shall contml. 26. RIGHT TO AUDIT. A1 any time during �he term of �he coniraa, or thereafler, the Gty, or a duty authonzed audit reprcsentative of the City or the State of Texu, at i�s expense and al rcasonable times. rames the nght to audit Contraaoh records and books rclevant to all servica provided m �he Ciry under �his Contract In the evenl such an audit by �he Ciry reveak any errors or overpaymenis by the City, Cantraaor shall rcPond the Ciry the (ull artaunt of such overpayments within �hitly (30) days o( such audit findings, or the City, at i�s opuon, rama the nght to deduc� such amounts owing the City (rom any payments due Contraaor. 27. The CoMractor shall not assign or subkt �he contran, or any portion of Ihe contract, wi�hout wrinrn cansent (rom the D'vator of Purchazing and Contrac� Managemrnt. 28. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Tmorist Organization Prohibi�ed. Pursuant to Seaion 2252.152 of the Texas Govemment Code, pmhibits the City from enlering into a contract with a vendor that a identified by The Comptroller as a company kirown �o have contracts with or provide supplia or service with Iran, Sudan or a foreign temorist organ'vation 29. Texaz Govemmem Code. Section 2252.908 requ'ues a business entiy entering inro cenain comracts with a govemmental entity or state agrncy ro file with the govemmrntal en�iry or s�ate agrncy a disclosurc of inlerated pa�tia at �he time �he business entity submits �he signed contraa to the govemmenlal rntiry or slate agency. Instmctions for completing Fo�m 1295 are available ae tino: rvnnvci.luhbuc4�s■.0 Jcnannxn[a3- websrtes/drnartmenlslourchasine/ve�dor-infofmation 30. No Boywu of Israel. Pursuant to Section 2271.002 of the Texas Govemment Code, Rapondent cMifies that either (i) i� meets an exemption criteria under Section 2271.00?; or (ii) it does not boycott Israel and will not hoycott Israel during Ihe �rnn of �he comrad raulting Gom Ihis solicitation. Rapondent shall s�am any facts �ha� make it exempt Gom Ihe boycon cenification in its Response. 31. No Boycott of Ene�y Companies. Piusuam �o Section 2274 of the Tezas Govemment Code, Respondent cmifies that ei�ha (i) it meels an exemption crileria under Sec�ion ?274.002; or (ii) it does not boymu Energy Companies and �vill not boycott Ene�y Companies during Ihe tertn o(the contrzc� raulting from this solicitation. Rapondrnt shall s�ate any hcls that make it exempt &om the boycou certification in ils Response. 32. No Boycott of a Firearm Enlity or Fircarm Trade Asmciation. Pursuant to Seclion 2274 of Ihe Texas Govemment Code, Rapondem certifies �hat either (i) il mals an exemption criteria under Section 2274.002; or (ii) it doa nol boycotl a FQearm Emity or Fircarm Trade Aswciation and will not boycott a F'vearm Emiry or F'vea�m Tade Association during the Irnn of the contrad arulting from �his solicita�ion. Rapondrnt shall sWro any facts �hat make it exemp� from the boycott cehificalion in its Raponse. 33. Contracls with Companies Engaged in Business with Iran, Sudan, or Foreign Tertorist Organ'vation Prohibited Pursuant to Section 2252.152 of the Texas Govemment Code, prohibits Ihe Cily Bom entering into a contraa with a vendor �hat it idemified by The Comptmller as a company known to have contracts with or provide supplia or smice with Iran, Sudan or a foreign �errorist organ'vation 34. TEXAS PUBLIC INFORMATION ACT. The rcquirements of Subchap�er 1, Chapter 55?, Govemment Code, may apply �o this conlraa and the contraclor or vendor agrca that the contraa can be �rnninated if lhe contractor or vendor knowingly or intrntanally fails m comply with a requircmem of thal subchapter. 35. Pursuant to Seaion 552.301(c) of the Texas Govemment Code, the City of Lubbock has daignated �he followmg email address for which public informalion rcquats may be made by an emailed requal: qgla mrluhbock.us Please send Ihis requa� �o �his email address for it to be procased REV. 3/?0?2 �! Microsoft Microsoft Enterprise Services Work Order (For Microsoft Intemal Purposes Oniy) GV512311-436571-552544 Work Order Number TX DIR CPO-4911 This Work Order consists of the terms and conditions below, and the provisions of the Microsoft Master Services Agreement �eference U9038431, effective as of 11/15/2021 (the "Agreement"), the provisions of the Unified Enterprise Support Services Description applicable to the Professional Services identified in this Work Order, and any attachments or exhibits referenced in this Work O�der, all of which are incorporated herein by this reference. ln this Work Order "Customer," "you," or °your" means the undersigned customer or its affiliate and "Microsoft°, "we," °us," or "our" means the undersigned Microsoft affiliate. EnterpriseServicesWorkOrder-PubSec-MUS-�2.0(US)(ENG)(Sep2018) Page 1 of 8 L�PI By signing below the parties acknowledge and agree to be bound to the terms of this Work Order, the Agreement and all other provisions incorporated in them. This Work Order is effective as of the date that Microsoft signs this Work Order. Regardiess of any terms and conditions contained in a purchase order, if any, the terms of this Work Order apply. Name of Customer or its Affiliate that executed the Agreement (if different from Customer above) . . . .; Name of Customer COf1t8Ct N8t712 (Receives invoices under this Work Order) Ci Of Lubbock Jerrid R Sanders Street Address Contact E-Mail Address Accounts Pa ableP.O. Box 2000 JSanders@mail.ci.lubbock.tx.us City State/Province Phone LUBBOCK Texas 806-775-2396 Country Postal Code Fax United States 79457-0001 1. Support Services and Fees. 1.1. Term. Microsoft Enterprise Support Services will commence on 11/1/2023 (the "Support Commencement Date") and will expire on 10/31/2024 (the "Support Expiration Date"). 2. Description of Services. Please refer to the current Unified Enterprise Support Services Description ("USSD") which will be incorporated by reference and is published by Microsoft from time to time at https://www.microsoft.com/unified-support-services-description. Microsoft may update the support services you purchase under this agreement from time to time, provided that the level of support services you purchase will not materially decrease during the current Term. EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) Page 2 of 8 [CP] Services b Su ort Location -. . ... � - � _ . � . o� Included Enter rise Adviso Su ort Hours As-needed Adviso Services Included Enterprise Azure Problem Resolution Hours As- Problem Resofution needed Su ort Included Enter rise On-demand Assessment On-Demand Assessment Included Enterprise On-Demand Assessment - Setup and On-Demand Assessment Confi Service As-needed Remote Included Enter rise On-Demand Education On-Demand Education Included Enter rise Online Su ort Portal Administrative Included Enterprise Problem Resolution Hours As-needed Problem Resolution Su ort Included Enterprise Reactive Support Management Service Delivery Mana ement Included Enterprise Service Delivery Management Service Delivery Mana ement Included Enter rise Webcasts As-Needed Webcast Included Reactive Enabled Contacts Problem Resolution Su ort 3 ea Custom Proactive Remote - 1/2 Custom Proactive - Maintain 4 ea Proactive Credits Proactive Credits Included Service Delivery Management Extended Service Delivery Mana ement 1 ea Onsite Visit Onsite Su ort .-. . ..... ... . .. � n .. �� . . . . . . . . . :-r-: .- _ . ...__ .. Designated Engineering Proactive Digital Workforce 4 ea • Designated Engineering Proactive Digital Administrative Workforce - Generic 100 hr Designated Engineering Time Digital Workforce Designated Support En ineerin Included Service Delivery Management Extended Service Delivery Mana ement EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) Page 3 of 8 [CP] 2.1.Support Services Fees. The items listed in the table above represent the services that Customer has pre-purchased for use during the term of this Work Order, and applicable fees are shown in the table below. Microsoft Support Services are a non-refundable, prepaid service. Microsoft must receive Customer purchase order or payment before Microsoft commences or continues, as applicable, provision of Microsoft Support Services. If Custome� issues a purchase order, Microsoft will invoice Customer, and Customer agrees to pay Microsoft within 30 calendar days of the date of Microsoft invoice. Microsoft reserves the right to adjust Microsoft fees prior to entering into any changes to the Microsoft Support Services ordered herein. �, . � � Unified Enter rise Su ort 2023-24 11/1/2023 $59,656.94 Desi nated En ineerin Di ital Workforce - Tier 2 11/1/2023 $90,488.81 Unified Proactive Services Add on � Unified Proactive Svcs 11/1/2023 $9,453.00 Enter rise-2023-24 Subtotal $159,598.75 Flex Allowance ($25,000.00) SAB Concession for Customer Renewal ($44,215.14) Total Fees (excludin taxes) $90,383.61 2.2.Support for Microsoft Products Microsoft will provide support for Customer's licensed, commercially released, and generally available Microsoft products, and cloud services subscriptions purchased by Customer or Customer's Affiliate: i) as indicated in Appendix A; and ii) during the Term of this Work Order. Such products and subscriptions exclude those purchased by any party that is not Customer's Affiliate as of the Support Commencement Date. EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) Page 4 of 8 [C P] 2.3.Customer Named Contact(s). Any changes to the named contacts should be submitted to Microsoft Contact. Name of Customer Support Service Administrator Jerrid R Sanders Street Address Contact E-Mail Address Ci Of Lubbock 1314 Avenue K JSanders@mail.ci.lubbock.tx.us City State/Province Phone Lubbock Texas 806-775-2396 Country Postal Code Fax United States 79401-2606 3. Use, ownership, rights, and restrictions. 3.1. Products. "ProducY' means all products identified in the Product Terms, such as all Software, Online Services and other web-based services, including pre-release or beta versions. Product availability may vary by region. "Product Terms" means the document that provides information about Microsoft Products available through volume licensing. The Product Terms document is published on the Volume Licensing Site (http://www.microsoft.com/licensing/contracts or successor site) and is updated from time to time. All products and related solutions provided under this Work Order will be licensed according to the terms of the license agreement packaged with or otherwise applicable to such product. Customer is responsible for paying any licensing fees associated with Products. 3.2. Fixes. "Fixes" means Product fixes, modifications, enhancements, or their derivatives, that Microsoft either releases generally (such as service packs), or that Microsoft provides to Customer when performing Professional Services (all support, planning, consulting and other professional services or advice, including any resulting deliverables provided to Customer under this Work Order, to address a specific issue. "Professional Services" means Product support services and Microsoft consulting services provided to Customer under this Work Order. "Professional Services" or "services" does not include Online Services, unless specifically noted. EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) Page 5 of 8 [CP] Fixes are licensed according to the license terms applicable to the Product to which those Fixes relate. If the Fixes are not provided for a specific Product, any other use terms Microsoft provides with the Fixes will apply. 3.3. Pre-existing Work. "Pre-existing Work" means any computer code or other written materials developed or otherwise obtained independent of this Work Order. All rights in Pre-existing Work shall remain the sole property of the party providing the Pre- existing Work. Each party may use, reproduce and modify the other party's Pre-existing Work only as needed to perForm obligations related to Professional Services. 3.4. Services Deliverables. "Services Deliverables" means any computer code or materials, other than Products or Fixes that Microsoft leaves with Customer at the conclusion of Microsoft's performance of Professional Services. Upon payment in full for the Professional Services, Microsoft grants Customer a non- exclusive, non-transferable perpetual, fully paid-up license to reproduce, use and modify the Services Deliverable, solely in the form delivered to Customer and solely for Customer's internal business purposes, subject to the terms and conditions of this Work Order. 3.5.Affiliates' rights. "Affiliate" means any legal entity that a party owns, that owns a party, or that is under common ownership with a party. "Ownership" means, for purposes of this definition, control of more than a 50% interest in an entity. Customer may sublicense the rights contained in this subsection relating to Services Deliverables to its Affiliates, but Customer's Affiliates may not sublicense these rights and Customer's Affiliates' use must be consistent with the license terms contained in this Work Order. 3.6. Restrictions on use. Customer must not (and must not attempt to) (1) reverse engineer, decompile or disassemble any Product, Fix, or Services Deliverable, (2) install or use non-Microsoft software or technology in any way that would subject Microsoft's intellectual property or technology to obligations beyond those included in this Work Order; or (3) work around any technical limitations in the Products or Services Deliverables or restrictions in Product documentation. Except as expressly permitted in this Work Order, Customer must not (1) separate and run parts of a Product on more than one device, upgrade or downgrade parts of a Product at different times, or transfer parts of a Product separately; or (2) distribute, sublicense, rent, lease, lend, or use any Product, Fix, or Services Deliverable to offer hosting services to a third party. 3.7. Reservation of rights. All rights not expressly granted are reserved to Microsoft. EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) Page 6 of 8 I�PI 4. Microsoft Professional Services Data Protection Addendum. The Microsoft Professional Services Data Protection Addendum in effect on the effective date of this Work Order and available on the Volume Licensing Site at htt�s://aka.ms/ProfessionalServicesDPA is incorporated herein by this reference. 5. Microsoft Contact Customer contact for questions and notices about this Work Order. Microsoft Contact Name Leslie Foster Phone j Contact E-Mail Address E � v-Ifoster@microsoft.com EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) Page 7 of 8 [C P] Appendix A As of the Support Commencement Date, below is a list of your declared licensing enrollments and agreements for which Microsoft will provide support services as defined within this Work Order. . . �. •- : • � • CITY OF LUBBOCK OPEN 04966226ZZS2309 CITY OF LUBBOCK Enter rise 6 76840323 CITY OF LUBBOCK Enter rise 6 86439211 CITY OF LUBBOCK WATER OPEN 02006501ZZS2101 EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) Page 8 of 8 [C P]