HomeMy WebLinkAboutResolution - 2019-R0380 - Microsoft Corporation - 10/22/2019 Resolution No. 2019-RO380
Item No. 6.10
Ocotber 22, 2019
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. 33001250 for the renewal of Microsoft
Enterprise Support Services as per DIR-TSO-3781, by and between the City of Lubbock and
Microsoft Corporation, of Dallas,Texas,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 22, 2019
DANIEL M. POPE, MAYOR
ATTEST:
Reb a Garza, City cret
APPROVED AS TO CONTENT:
Mark Yearwood, Alssistant City Manager
APPROVED AS TO FORM:
Ry' 13 oke, ssistant City Attorney
ccdocs/RES.-PurchaseOrd 33001250—Renewal of Microsoft Enterprise Support Services
October 3,2019
Page - 1
City of
AI&Lubbock PURCHASE ORDER Date - 10/3/2019
T E x A 5 Order Number 33001250 000 OP
Branch/Plant 3410
TO: MICROSOFT SERVICES SHIP TO: CITY OF LUBBOCK
PO BOX 844510 INFORMATION TECHNOLOGY
DALLAS TX 75284-4510 1611 10TH STREET
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O.BOX 2000
LUBBOCK,TX 79457 BY:
Marta ez,Director of Purcliasino&Contract Management
Ordered 10/3/2019 Freight
Requested 10/29/2019 Taken By J MONTES
Delivery Per J Zhine/Req 454622 DIR-TSO-3781 PUR 14979
Description/Supplier Item Ordered _ Unit Cost UM _ Extension Request Date
Microsoft Entrpr Stipp Services 1.000 70,000.0000 EA 70,000.00 10/29/2019
COLTX 2019-20 Support Fees
COL TX Support Add-on 1.000 17,952.0000 EA 17,952.00 10/29/2019
2019-20
Software Assurance Benefits 1.000 (20,745.0000) EA (20,745.00) 10/29/2019
credits
Advanced Advisory Support 1.000 EA 10/29/2019
Hours as needed-Advisory Sery
Advanced Built-in Proactice 1.000 EA 10/29/2019
Services-generic-Administr
Advanced Problem Resolution 1.000 EA 10/29/2019
Hrs as needed-Resolution Supp
Advanced Sery Delivery Mgmt 1.000 EA 10/29/2019
Service Delivery Management
Modern Sry Mgmt Cloud Success 1.000 EA 10/29/2019
Plan Generic-IT Sery Mgmt
Page - 2
City of
Lubb o ek PURCHASE ORDER Date - 10/3/2019
4fT E x A s Order Number 33001250 000 OP
Branch/Plant 3410
TO: MICROSOFT SERVICES SHIP TO: CITY OF LUBBOCK
PO BOX 844510 INFORMATION TECHNOLOGY
DALLAS TX 75284-4510 1611 10TH STREET
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O.BOX 2000
LUBBOCK,TX 79457 BY:
Marta Alv 'r,Director of Purchasing&Contract Management
Ordered 10/3/2019 Freight
Requested 10/29/2019 Taken By J MONTES
Delivery Per J Zhine/Req #54622 DIR-TSO-3781 PUR 14979
Description/Supplier Item Ordered Unit Cost UNI Extension Request Date
On-demand Assessment/Setup& 1.000 EA 10/29/2019
Confia/Educ-On Demand Assess
Online Support Portal 1.000 EA 10/29/2019
Administrative
Reactive Enabled Contacts 20.000 EA 10/29/2019
Problem Resolution Support
Webcasts As-Needed 1.000 EA 10/29/2019
Webcast
Onsite Visits Add-on 2.000 EA 10/29/2019
Onsite Support
Proactive Credits Add-on 122.000 EA 10/29/2019
Proactive Credits
Service Delivery Mgmt Extended 1.000 EA 10/29/2019
Service Delivery Management
Total Order
Terns NET 30 67.207.00
This purchase order encumbers funds in the amount of 567,207 awarded to Microsoft Services,Dallas,TX on October 22,2019.The
following is incorporated into and made part of this purchase order by reference:DIR-TSO-3781 from Microsoft Services,Dallas,TX.
Resolution#00 1 Q-R80
CiO-OfL
oATTEST:
—0 Vvt I—e-
Daniel M.Pope,Mayorc Garza,City Secretary
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT:READ CAREFULLY
STANDARD TERMS AND CONDITIONS
Seller and Buvcr agree as CITY OF LUBBOCK,TX
follows:
1.SELLER TO PACKAGE GOODS. Seller will package goods in accordanee+vith good commercial practice. lieu of any other remedies which Buyer may have in law or equity.
Each shipping container shall be clearly and permanently markcd as follows(a) Scller's name and address, 15.TERMINATION.The performance ofwork under this ordermay be terminated in whole,or in part by the
(b)Consionce s name,address and purchase order orpurchase release number and the supply agreement number Buyer in accordance with this provision. Termination of work hcrcandcr shall be effected by the delivery
if applicable,(c)Container number and total number of containers,c.g.box I of 4 boxes.and(d)the number of the Seller of a"Notice of Termination'specifying ilia extent to which performance of work under the
of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods order is terminated and the date upon which such termination becomes effective.Such right or termination is
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 in addition to and not in lieu of the rights of Buyer set forth in Clause 14,herein.
net accompanied by packing lists. 16.FORCE MAJEURC•. Neither party shall be held responsible for losses, resulting if the fulfillment
2,SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under of any,terms of provisions of this contract is delayed or prevented by any cause not within the control ofthe
race ation and no lender ofa bill of lading will operate as a tendo of goods. party whose performance is interfered with,and which by the exercise of reasonable diligence said party is
unable to prevent,
3.TITLE AND RISK OF LOSS. The title and risk of loss ofthe goods shall not pass to Buyer moil Buyer 17.ASSIGNMENT-DELEGATION. No right or interest in this contract shall be assigned or delegation of
actually receives and takes possession of the goods at the point or points ofdelivery. any obligation made by Seller without the w•riuen permission of the Buyer. Anv attempted assignment or
4.NO REPLACEMENT OF DEFECTIVE TENDER_ Every tender of delivery of goods most fully comply delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conforomitywinh
with all provisions of this contract as to time of delivery,quality and the like. Ifa tender is made which does not this paragraph.
fully conform,this shall constitute a breach and Sailor shall not have the right to substitute a conforming lender. 18,WAIVER. No claim or right arising out ofa breach of this contract can be discharged in whole or input
provided,where the time for performance has not yet expired,the Seller may reasonably noti Fv Buyer of his
intention to cure and may then make a conforming tender within the contract time but not atemard. by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
considerationand is in writing signed by the aggrieved party.
5.INVOICES&PAYMENTS.a.S c I I c r shall submit separate invoices.in duplicate,one each purchase
order or purchase mleuc after each delivery. Invoices shall indicate the purchase order or purchase release 19. INTERPRETATION-PAROLE EVIDENCE. This writing, plus any specifications for bids and
number and ilia supply agreement number if applicable Invoices shall be itemized and Iransportat ion charges, performance provided by Buyer in its advertisement for bids, and any other documents provided by
if any,shall be listed separately. A copy of the bill of lading,and ilia freight waybill when applicable,should Seller as pan of his bid,is intended by the parties as a final expression of their agreement and intended also
be attached to the invoice. Mail To:Accounts Payable,City of Lubbock,11.O.Box 2000,Lubbock,Texas m a complete and exclusive statement of the temus of their agreement. Whenever a term defined by the
79457. Payment shall not be due until the above instruments are submitted after delivery. Uniform Commercial Code is used in this agreement,the dcfinit ion contained in the Code is to control.
6.GRATUITIES. The Buyr.•r may,by written notice to the Seller,carrel this contract without liability to 20.APPLICABLE LAW. This agreement shall be governed by ilia Uniform Commercial Cade.Whereever
Scllcr if it is determined by Buyer that gratuities,in ilia form of entcalainnent,gifts or otherwise,were offered the term"Uniform Commercial Code"is used,it shall be construed as meaning the Uniform Commercial
or given by the Seller,or any agent or representative of the Seller,to any officer or employee of the City of Code as adopted in the State of Texas as effective and in force on ilia date of this agreement.
Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or 21,RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question
amending,or the making of any determinations with respect to the performing of such a contract. In the event the other party's intent to perform he may demand that the other party give written assurance of his intent to
this contract is canceled by Buyer pursuant to this provision.Buyer shall be entitled,in addition to any other perform. In the event that a dmnand is made and no assurance is given within five(5)days,the demanding
rights and remedies,to recover or withhold the amount ofthe cost incurred by Seller in providing such gratuities. party nay treat this failure as an anticipatory repudiation of the contract.
7.-SPECIAL POOLS&TEST EQUIPMENT. If the price stated on the face hereof includes the cast of any 22.INDEMNIFICATION. Seller shall indemnify,keep and save harmless the Buyer,its agents,officials and-
special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, employees,against all injuries,deaths,loss,damages,claims,patent claims,suits,liabilities,judgments,costs
such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and expenses,which may in any,,vise accrue against the Buyer in consequence of the granting of this Contract
and to the extent feasible shall be identified by the Seller as such. or which may anywise result therefrom,whether or not it shall be alleged or determined that the act was
S.WARRANTY-PRICE.a The price to be paid by the Buyer shall be that contained in Seller's bid caused througlm negligence or omission of ilia Seller or in employees,or of the subScller or assignee or its
which Scllcr warrants to be no higher than Seller's current process on orders by others for products ofthe kind employees,if any,and the Seller shall,at his own expense,appear,defend and pay all charges of altomcys
and specification covered by this agreement for similar quantities under similar of like conditions and methods and all costs and other expenses arising therefrom of incurred in connection therewith,and,if any judgment
of purchase. In the event Seller breaches this wwranty,ilia prices of the items shall be reduced to the shall be rendered against the Buyer in any such action,the Seller shall,at its own expenses,satisfy and
Seller's current prices on orders by others,or in ilia alternative Buyer rrav cancel this contract without discharge the same Seller expressly understands and agrees that any bond required by,this contract,or
liability to Seller for breach or Seller's actual expense.b.The Seller warrants that no person or selling agency otherwise provided by Scllcr,shall in no way limit time responsibility to indenmify,keep and save hornless
has been employed or retained to solicit or secure this contract upon an agreement or understanding for and defend the Buyer as herein provided.
commission.percentage.brokerage.or contingent fee excepting bona fide employees of bona fide established 23.TIME. It is hcmbv expressly agreed and undersrood that time is of the essence for the Performance of
commercial or selling agencies maintained by the Seller for the purpose of scarring business. For breach of this contract,and failure by contract to meet the time specifications of this agreement will cause Seller to
vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this be in default of this agreement.
contract without liability and to deduct from the contract print,or otherwise recover without liability and to
deduct from the contract price,or othcmisc recover the full amount of such conunission,percentage,brokerage 1--4•MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into
or contingent fee. pursuant to this request,minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation nod will not he discriminated against on the grounds of race,color.
9.WARRANTY-PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do scx or natunl origin in consideration for an award.
so shall render this contract voidable at the option of the Buyer. Seller warrants that ilia goods furnished will
conform to the specification,drawings,a nd descriptions listed in the bid invitation,and to thesample(s)furnished '-5.NON-ARBITRATION.The City reserves the right to exercise any right or remedy to it by law,contract,
by the Seller,if any. In the event ofa conflict or between the specifications,drawings,and descriptions,ilia equity,or otherwise,including without limitation,ilia right to seek any and all forms of relief in a court of
specifications shall govern.Notwithstanding any provisions contained in the contractual agreement,the Seller competent jurisdiction Further,the City shall not be subject-to any arbitration process prior to exercising
represents and warrants fault-frac performance and fault-free result in the Processing date and date related data its unrestricted right to seek judicial remedy.The remedies set forth herein arc cumulative and not exclusive,
(including,but not limited to calculating,comparing and sequencing)of all hardware,software and fum+vare and may be exercised concurrently.To the extent ofany conflict between this provision and anothcr provision
products delivered and services provided under this Contract,individually or in combination,as the case may in,orrclated to,this document,this provisionshall control.
be from the effective date of this Contract-The obligations contained herein apply to products and services 26.RIGHT TO AUDIT.At any time during the tent of the contract,or thereafter,the City,or a duly
provided by the Sclia.its smb-Seller or any third party involved in the creation or development ofthe products authorized audit representative of the City or the State of Texas,at its expense and at reasonable times,
and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the reserves the right to audit Contractors records and books relevant to all services provided to the City under
obligations contained hamin,may result in the City of Lubbock availing itself of any of its rights under the this Contract. In the event such an audit by the City reveals any errors or overpayments by the City,
law and under this Contract including,but not limited to,its right remaining to termination or default. The Contractor shall refund ilia City the full amount of such overpayments within thirty(30)days of such
warranties contained herein arc separate and discrete from any other warranties specified in this Contract, audit findings,or the City,at its option,resents the right to deduct such amounts owing the City from any
and are not subject to any disclaimer of warranty,implied or expressed,or limitation of ilia Seller's liability payments due Contractor.
which may be specified in this Contract,its appendices,its sclhcdules,its annexes or any document incorporated
in this Contract by reference. 27.HOUSE BILL 2015. House Bill 2015,signed by the Governor on June 14,2013 and effective on January
1,20 14,authorizes a penalty to be imposed on a person who contracts for certain services with a governmental
10.SAFETY WARRANTY, Seller wa rrams that the product sold to the Buyer slull confor i to ilia standards entity and who fails to properly classify their workers.This applies to subcontractors as wall.Contractors and
promulgated by the U.S.Department of Labor under the Occupational Safety and Health Act of 1970. In tie subaontreaors who fail to properly classify individuals performing work under a governmental contract will be
event The product does not conform to OSHA standards,Buyer nay return the product for correction or penalized$200 for each individual that has been misclusifted.(Texas Government Code Section 2155.001).
replacement at the Seller's expense. In[lie event Seller fails to make the appropriate correction within a
reasonable time,correction made by Buyer will be at the Seller's expense. 28.ASSIGNING OR SUBLETTING THE CONTRACT.The Contmetorshall not assign orsublet the contract,
or any portion of the contract,whlmut written coueni front the Director of Purchasing and Contract
11,NO WARRANTY BY BUYER AGAINST LYFRINGEMENTS. As part of this contract for sale Seller Management,Should consent be given,the Contractor shall insure the Subcont nctoror shall provide proof on
agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement insurance from the Subcontractor that complies with all contract Insurance requirements.
will give rise to the rightful claim of any third person byway of infringcmcnt of the like. Buycr makes no
warranty that the production ofgoods according to the specification will not give rise to such a claim,and in no 29,HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295,adopted by the S4111
event slall Buyer be liable to Seller for indemnification in the event that Seller is sued an the grounds of Legislature.created§2252,908,Texas Goverment Code.Section 2252.908 requires a business entity entering
infringement of the like. If Seller is ofthe opinion that an infringement or the like will result,he will notify the into certain contracts with a goverrmcnial entity or state agency to file with the governmental entity or sate
Buyer to this effect in writing within two weeks after thesigning ofthis agreement. If Buyer does not receive agency a disclosure of interested parties at the time the business entity submits the signed contract to the
notice and is subsequently held liable for the infringement or the like.Seller will save Buyer harmless. If governmental entity or state agency. Itntructions for completing Form 1295 arc available at:
Seller in good faith ascenains ilia production ofthe goods in accordance with the specifications will result in hnnr-w v.ci.btbhack.rv.tycylys±ahymamal-wabsitvs dveartnemrmuchasine nndor-inrmu:uinn
infringement or the like,the contract shall be null and void. 30.CONTRACTOR ACKNOWLEDGES,by supplying any Goods or Services that the Contractor has read.
12, NON APPROPRIATION. All funds for payment by the City under this contract are subject to the fully understands.and will be in fill compliance with all terns and condition and ilia descriptive material
availability of an annual appropriation for this purpose by the City. In the event of nonappropriat ion of funds contained herein and any additional associated doctnments and Amendments.'rho City disclaims any terms and
by the City Council ofthe City of Lubbock for the goods or services provided under lime contract,the City will conditions provided by ilia Contractor unless agreed upon in writing by the parties. In the event of conflict
terminate the contract,without termination charge or other liability,on ilia last day ofthe then-current fiscal betwccn these terms and conditions and any terms and conditions provided by the Contactor,The terms and
year or when tic appropriation made for the then-current year for the goads or services covered by this contract conditions provided herein shall prevail. The sirs and conditions provided herein are ilia final terns agreed
is spent,whichever event occurs first. If at any time fiends are not appropriated for the continuance of this upon by the panics,and any prior conflicting terms shall be of no force or effect.
contract,cancellation shall be accepted by the Seller on thirty(30)days prior written notice,but failure to give 31.By accepting this PO,contractor acknowledges that pursuant to Section 2270.002,Government Code.(a)
such notice shall be of no affect and the City shall not be obligated under this contract beyond the date of This section applies only to a contract that:(1)is between a go•cmmcnial entity and a company with 10
termination or more full-time employees;and (2)has a value of SI 00,000 or more that is to be paid wholly or partly
13.RIGHT OF INSPECTION. Buyer shall have ilia right to inspect the goods at delivery before accepting from public finds of the governmental entity. (b)A governmenml entity may not enter into a contract with
them a company for goods or scrices unless the contract contains a writtenm verification from the company that
it:(I)does not boycott Israel;and(2)will not boycott lsacl during the temp ofthe contract..
14.CANCELLATION. Buyer shall have the right to cancel for default all or any ram of The undelivered
portion of this order if Seller breaches any of the terms hereof including warranties of Scllcr or if the Scllcr
becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in
Rev.07119
Microsoft
Microsoft Enterprise Services Work Order
(For Microsoft Internal Purposes Only) T000198-247704-292354
Work Order Number
(Contract# DIR-TSO-3781)
This Work Order consists of the terms and conditions below, and the provisions of the Microsoft
Master Services Agreement (MSA) reference U5228634, effective as of 5/2/2017 (the
"Agreement"), the provisions of the Support Services Description applicable to the Support
Services identified in this Work Order, and any attachments or exhibits referenced in this Work
Order, all of which are incorporated herein by this reference. In 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:
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. Regardless of any terms and conditions contained
in a purchase order, if any, the terms of this Work Order apply.
Name of Customer(please print) Name
City Of Lubbock Microsoft Corporation
Signature Signature
Name of person signing (please print) Name of person signing (please print)
Daniel M. Pope
Title of person signing (please print) Title of person signing (please print)
Mayor
Signature date Signature date (effective date)
October 22, 2019
AT ST: ` Approved to C ntent:
Rebecc axza, City Secretary Mark Yearwood, Assistant City Manager
Approve toForm:
Page 1 of 7
Rya ro e, Assistant City Attorney
DocuSign Envelope ID:8D3303D1-396F-4FB0-90F8-91AFE7D7EA29
Microsoft
Microsoft Enterprise Services Work Order
(For Microsoft Internal Purposes Only) T000198-247704-292354
Work Order Number
(Contract# DI R-TSO-3781)
This Work Order consists of the terms and conditions below, and the provisions of the Microsoft
Master Services Agreement (MSA) reference U5228634, effective as of 5/2/2017 (the
"Agreement"), the provisions of the Support Services Description applicable to the Support
Services identified in this Work Order, and any attachments or exhibits referenced in this Work
Order, all of which are incorporated herein by this reference. In 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.
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. Regardless of any terrns and conditions contained
in a purchase order, if any, the terms of this Work Order apply.
Name of Customer(please print) Name
City Of Lubbock Microsoft Corporation
Signature Signature
DacuSigned by.
Qt+�.t,V 6V,
Name of person signing (please print) Name of person signing (please print)
Gerice Anderson
Daniel M. Pope
Title of person signing (please print) Title of person signing (please pant)
Delivery Manager
Mayor
Signature date Signature date (effective date)
10/30/2019
ATTEST: ` Approved to C ntent:
Rebecca Garza, City Secretary Mark Yearwood, Assistant City Manager
Approvcc to Form:
Pagel of 7
RyaA 711C, Assistant City Attorncy
Name of Customer Contact Name (Receives invoices under this work order)
City Of Lubbock David Bragg
Street Address Contact E-Mail Address
1611 10Th St dbragg@mylubbock.us
City State/Province Phone
Lubbock Texas 806-775-2372
Country Postal Code Fax
United States 79401-2606
1. Support Services and Fees.
1.1.Term.
Microsoft Enterprise Support Services will commence on 11/1/2019 (the "Support
Commencement Date") and will expire on 10/31/2020 (the "Support Expiration Date").
1.1. Description of the Services.
Please refer to the current Support Services Description ("SSD") which will be incorporated by
reference and is published by Microsoft from time to time at http://www.microsoft.com/en-
us/microsoftservices/PubSec-support-services-description. The support services you purchase
under this agreement may be updated from time to time and that update will supersede any
services previously listed.
Services by Support Location
Included Advanced Advisory Support Hours As-needed Advisory Services
Advanced Built-in Proactive Services
• Advanced Built-in Proactive Services -
1 ea Administrative
Generic
Included Advanced Problem Resolution Hours As-needed Problem Resolution
Support
Included Advanced Service Delivery Management Service Delivery
Management
US SLG Unified ESWO(PSUS)(Apri12019) Page 2 of 7
1 ea Modern Service Management - Cloud Success IT Service Management
Plan Generic
Included On-demand Assessment On-Demand Assessment
1 ea On-Demand Assessment- Setup and Config On-Demand Assessment
Service
Included On-demand Education On-Demand Education
Included Online Support Portal Administrative
20 ea Reactive Enabled Contacts Problem Resolution
Support
Included Webcasts As-Needed Webcast
2 ea Onsite Visit Onsite Support
122 ea Proactive Credits Proactive Credits
Included Service Delivery Management Extended Service Delivery
Management
1.2. Support Services Fees.
The items listed in the table above represent the services that Customer has pre-purchased for use
during the terra 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 Customer 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 Set-vices ordered herein.
TX-City of Lubbock-2019-20 11/1/2019 70,000
TX-City of Lubbock Support Add-on-2019-20 11/1/2019 17,952
Subtotal 87,952
Software Assurance Benefits (20,745)
Total Fees (excluding taxes) 67,207
US SLG Unified ESWO(PSUS)(Apri12019) Page 3 of 7
Support for Microsoft Products
Microsoft will provide support for Customer's licensed, commercially released and generally
available Microsoft products, and cloud services subscriptions by Customer in Appendix A.
1.3. Customer Named Contacts. Any changes to the named contacts should be submitted
to Microsoft Contact.
Name of Customer Support Service Administrator
David Bragg
Street Address Contact E-Mail Address
1611 10Th St dmc au he @mail.ci.lubbock.tx.us
City State/Province Phone
Lubbock Texas 806-775-2372
Country Postal Code Fax
United States 79401-2606
Use, ownership, rights, and restrictions.
1.4. Products.
"Product" 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.
1.5. 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
US SLG Unified ESWO(PSUS)(Apri12019) Page 4 of 7
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.
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.
1.6. 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.
1.7. 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.
1.8. Affiliates' rights.
"Affiliate" means any government agency, department, office, instrumentality, division, unit or
other entity of Customer's state or local government that is supervised by or is part of Customer,
or which supervises Customer or of which Customer is a part, or which is under common
supervision with Customer; together with, as mandated by law, any county, borough,
commonwealth, city, municipality, town, township, special purpose district, or other similar type
of governmental instrumentality located within Customer's state jurisdiction and geographic
boundaries; provided that a state and its Affiliates shall not, for purposes of this definition, be
considered to be Affiliates of the federal government and its Affiliates.
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.
US SLG Unified ESWO(PSUS)(Apri12019) Page 5 of 7
1.9. 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.
1.10.Reservation of rights.
All rights not expressly granted are reserved to Microsoft.
Microsoft Contact
Customer contact for questions and notices about this Work Order.
Microsoft contact name
Steven Carvell
Phone Contact e-mail address
(701) 2816551 Steven.Carvell@microsoft.com
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Appendix A
As of the Support Commencement Date, below is a fist of your declared licensing enrollments
and agreements for which Microsoft will provide support services as defined within this Work
Order.
nsing
E-nrollment/Acireement
CITY OF LUBBOCK Enterprise 6 4942386
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