HomeMy WebLinkAboutResolution - 2016-R0397 - Purchase Order - SHI Government Solutions Inc. - Microsoft Volume Licensing - 10-27-2016Resolution No. 2016-RO397
Item No. 7.8
October 27, 2016
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. 33000788 for the purchase of
Microsoft Volume Licensing Enterprise Agreement for 2016-2019, by and between the City of
Lubbock and SHI Government Solutions, Inc. of Austin, 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 27, 2016
DANIEL M. P PE, MAYOR
ATTEST:
Reb cca Garza, City Secreta
APPROVED AS TO CONTENT:
Mark Newood, AAsistant Ci Manager
APPROVED AS TO FORM:
Ry v oke, ssistant City Attorney
RES.PO # 33000788-SHI Government Solutions, Inc 10.12.16
,Lub88&4. City of
11*
TEXAS PURCHASE ORDER
TO: SHIPTO:
SHI GOVERNMENT SOLUTIONS IN
1301 SOUTH MO -PAC EXPRESSWAY U E 375
AUSTIN TX 78746
INVOICETO: CITVOFLUBBOCK
ACCOUNTS PAYABLE
P.O.BO%3000
LUBBOCK Ix 79457
Page - 1
Date - 820/2018
Order Number 33001059 000 OF
CITY OF LUBBOCK
INFORMATION TECHNOLOGY
1611 I OTH STREET
LUBBOCK TX 79401
Ordered 9/20/2018 Freight
Requested 8/20/2018 Taken By IMONTES
;Delivery Per J Zhine / Req # 52587 Quote #15754135 / DIR-TSO-4092
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
WinSVTDataCtrALNG SASU MVL 32.000 4,659.4700 EA 149,103.04 8/20/2018
WinSv,Std 2Proc OP71.07281
Tams NET DUE ON RECEIPT
149,103.04
This purchase order encumbers funds in the amount of $149,103.04 awarded to SHI Government Solutions,
Inc. of Austin, TX, on October 27, 2016. The following is incorporated into and made part of this purchase
order by reference contract: SIR-SDD-2503 dated September 20, 2016 from SHI Government Solutions, of
Austin, TX. Resolution #2016-R0397
CITY OF LUBBOC
Daniel M. Pope, Mayor
ATTEST:
D"&' X
Rebe ca Garza, City Secretary
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLi•
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK TX
I SELLERTOPAC1L40EGOODY SdawilipacuVagootrSinr:atdtn:ewabeccdcsautaclet tta
Each shipping cc ..1 a shall be ele@rly end pvama1WX1) ourkeJ a (chows (a) Shcer'S name &cJ aJ,fres,.
(b) Corsigoee's wage, addrm and purchase orderer purcl ue relewe rumba and the supply aiperfa m number
ifrppliab'-- (O Caruirer cambersed toW Sumter of comainas, tg bee 1 Of a bola• trd (d1 the Rumba
of the comaima b rarieg the packing iLp Sdta shall bur cox of pxlagug uakss athera$e prat iGd GIrJs
shall be suitably puked to secure lowest Camlow aim costs And to crnfarm wsh requ gemopu of comma
Carlmig srd afi app icsble ape-:flCllenr. Bum t count of bte-gi sbtil be filial and cc:nrive On tlltpalcmt
net acrtrFanicdby'padi to lien
2 SIBP%MNF UNDER RFSFRVATION PROHIBITED Sella is tat aurh.•drtd to st p the gocdc vrl.er
resersaroa aid Ro toufa ofa bill of :adiap will operas ss s tender of tNdt
3 TITLE AND RISK OF LOSS, The :eels aid risk or loss of the `Nit that cot pass to Buya aer : Buya
actually rrei.a rd takes peteasaao of the grads a: the pent or pc rtr ordel. a7
a. NO REPLAC£I.IENT OF DFi1-CnVI TENDER Eery trod" cf de:. -veer of g:oo;, muv fifty cottpl;
wnhaEpitbrCn3sfhs<aaxsciastotiteeofdeLvay,qualayandllc'a.a 1!atameraeeadewhGbdoesea
fully conkrrG this shall corstare a breech era.' Shca sliall oct bats tke [iglu to sub st:tuic a cat@faamin, tan.
ptrax4drIL where the'i rc far pafertaatte has act yr etpaed. the Seer may rrimmaNy notify &.ya of his
iraemice to rate zed MA) dam make a car6atmag tender wsh a Ito ccetar, lac but eci 01crvard
S INVOICES d. PAYMN"IS a S411ar Sul sub" stgam fcwkes. is durl,cre. one each purchase
efda err porchmc cec= alla each Berl:%cry itwatces *ball r bcs:e the parkin order or punhaw irlease
au0ce Mbi Ike supply Agra M- of Somber if sppl:cAk a:voiro st�:l he bemire! sad aaapOraewn chafgn.
if lay: steel !r listed sepaatrh A copy of the bill of ladeg. aeJ the 6ty;h1 w qkr -See Wbeab'e. shau:f
be a rsthed to Ibe fell sect %lid To A..co,Ws Pspabk. Cay of LuboccL• P O A x 21I0. lubRck. Taxis
'9:57 Pay:cea systl am be rive oamtd the abve wD.•uraemt ere sutxieted *ter ar'rc ny
a GRATUITIES M Bier asy. ty wrtten celice to the Sella. cuc@I shs cuussC• wabuW fu9•day to
Sena Ira is eaaccovd b) Bc}a than graraa in the fain of erieaammee:. gs6v or o•hsaite were afford
or give* by the Sella. of any$gem Of tcFfcsmgglk,'t of Its Sella.0 rt' officer Or asxloyee of Use City of
Lubbock with a v iew to seratiap a comma of screavS faviesNe trear amf wall lop et to Ifs Aw•srduig err
asaeadtnj. err the making o! spa tktesmioatioas wUa retpecT w the peL-rm:ag of such a ceranct In TU a mt
Ihit soxilcr a uR:e:sti by &:yes ptusasu 0 try provision. Bata stall be enta:cd, ere sdlatoe to my o•J n
tarts sod rttetl:ext@ etovaer r;IhMldlhe la+eura alihe:oR incune! by Se::a k pe..Ju+g sucbgrsraavt
7. SPECIAL TOOLS & TEST E<K IP%(EAT If the pace uaed c0 ttc f&ce bncof ha:Wde lbe can of any
Ipeosl 1001111g of $peril test egtt;m= dbricae: or mic d Ill Sd:n for Use p rpcsc of f,Jiml this order
such special toeing egaipmsm and any poem thers retucbdtbreta "I become the proper,) of *a Bayer
Old to the event feauble Sloth be identified by cl@ Seller as rich
S WARRANTY -PRICE a The price to be paid bf Ike Bayer 0.4 be chat citaaraJ a Se:ta's bid
wbich Sella warrant m be oo higher then Seiler'* curet perms oo adfo t) others fir perdue$ afire lead
anispayfaaiuo cwad by this ageemem fcr shiita quamRia undo similar of ac conl;irou and methods
of purchase In the man Seiler breeches thin vivacity. Ike prices of she cents shad: be reduced 0 the
Seller's currents price n orders by adurL at III the Sberoamvc Bum ay cause: this cectrao %&hair
liability, to Scher for breach ex Seller's actual aspmae b The Seller wsr cams that to pawl, a uhrtb rgemy
bas bom emp lo)ed Or retaad to solicit or Avenue this conuacc upon to ttpecmr i or vojemudng for
commission, percentage, brokerage, or co ltagcm fee nceptiag bona ode cmpyen cf bona Ade atabbshed
ccacmefcial or urging agecew aligimaieed by the Sella far the pturpole a! securing busxas Far bruch of
ticietioa of this wzrtamy the Buya shag have the rot in additma to ry other fight of ng!as !o racel this
canceller w•ahnut liability and to dedtcet 60m Ihe contract Pike. at athenise recover without habilaay tend to
OedMa Bum cheeamrxt2tice. m oUaewise cerovarhe k11 srtxsum of web commygen. prrcrosage. brokerage
or vocinvot rce.
9 WARRANTY -PRODUCT Sd:a *hail Mot limit or exclude us impled want rs alas ally siteppl cc do
to shallrada this contract voidahie ado optroa of the Buyer Sella warrants lbat the gaads famished will
cochlear to the IpeciFuton. drawings. amd deicripioss hued in the bid ins itatian, and to the samplc(s) famished
by Ihd Sella, if any. to *4 even of a conflict or bnaesn the spe ciftcaam, draw ingt and dneripona the
specification awl govern. Netw•ithstax* city provisioe contained is the eomranuat astorm us.. the Sella
retirement ad wyrtanls fault -bee perfanasoce ad fauh•6a resah in the promising date said die related data
(iocluclm . but as limited 0 calcol sting. cornpating and segtceacueg) o! at: hardware. soRwae and Annuve
productsdebswW and sovica peas%ided undo this Caa raa,atdivilata:ly or in cow.bula:Mtn as the case may
be from the effective time of this Cnatran. The obligatices comaiA d itae{a apply to rmdutu and san tees
Pro bided by the Sd:". as lab Seta or any uteri piety involved a the Craig WA or dsttloP"fill of chi preduas
andsmkesto bee delivacci to that City err Lmtboct under this Contract. Failure to comply with any of the
@bilgaions comaimcd btreia may result In the City of Lubbock a,aitnr dst:f of any of as rights under the
law and under this contact mctsdmg, but not lra&bed to. as right pertaining to letminavon a defauh no
wartan:im mulained baba are separate and dxctae 6om sr.) o0wr waramia srcecfnod in this Coatnr,
and we cot sulipa to aa) duciaima of tiaras). implied or nrreerad, at limeAton of thr Wr s liabila)
which maybe spmifed in this Come". as appadw•a, as xhrdotrs, its annexes err at.) do:intent mcarwratcd
is this Contract by reference
10 SAFELY WARRANTY. Seller summers Utat rho product sold to Ibc Bayer shall cram to the Aardnds
pr@mufgrd by the (f S Dgr;artmeml of Labor ucdcr the Occupational Safety and Habb Act of 1F'o In the
cbem the prada:t doer not con&mt to OSHA sasdu ls. Buyer inlay return the product for consign of
replacement At Ihe Sella s espemsc b the oats Sella !sits to make The tppraptfrc cone bn within A
retottatk time, correction made by Buya wU1 be as the Seder's captive
ll. NO WARRANTY BY BUYER AGALNST LNTRINGEMENTS As par of thu eorlrsvI'lcI sic St0"
specs to sutDaio whether goods manufacsmed in ameotdarnct.1 h The vreei(lestons atacEedto this agreeroem
will give rise 10 the rightful claim of any Ikird pawn byway of inhiogentem of lbs. like Buya mats m
wyrSRtylha the produmtbo ofgoods according to the Ipecdksdon will cot give rise touch a :lam aw in no
most shall Buyer be Iiable to Sdcr for iedemmifiatioa o the event Owl ScUn is sued ell the grounds of
mEmgemrd oftbe bite (f Se2a is Bribe opine that an mliiagemml or the like will result, he will outtfy the
Bu)atothis effa:isWriingvmhiatuuweeks ago the sigmingofttaapotacm• If Buyadeerootruche
notice ands subsegoerly, held Rabic the Ihr IMMAgareot or the like. Sella wilt save Buyer hafWgSS if
Sella in good flak caroms the psoduecaa of cue saeds in accooi ace wkh the tpwtfeatoos will result m
inemgeatttn err the Like. floe motor. ahal: be aa8 tend void
12 NON APPROPRIATION All fangs W Matter b) the City villa thit eamract we nttyexl rat ate
avaubilty of aS aemasi sppopdain far tha pomee by the Car} !@ Ihr and of mnappreprtrtstn o/ hrndt
by the Cay Council of theCby of Lubbock kr the podsor services prevded uda floe comraa, the City wit!
termiaae the eamacL withou; tefmmston charge or atha liability oa tlx hat day of the Into -cunt Asen
yet or when the appol rwiae made for the tbe•tarreet year for the goods cc tatices covered try thu contra&:
s sperm. vcbicbna act ceases fax. If a my :rm@ Ln& are mar aMopnsa d !err the cameraacce of ohs
aomract, cancellation shall be accepted by the Seller oathety (Ns) days peal %trim act!cc but future to give
arch r^tire iy" Ir of r.. rf!•cT ••.•r r0.` C.rr .h.J' rrl h: +t` •:i r. r!-i I'•'. , �rd.w • 1 :. .../ rlv i.r;
13 RIGHT OF 1NSPEC tav Buyer &halt hale the eyhu to aspect the gaurtn At delocry bekre actepniag
$Fen
pc :..+a, f nth-s order if Sc;la•ir a:lea eery Of the Wnis hntt! t:..ltd usra:amt of Set4r :r d the ScU:r
nernrt:ee iavheer rr e,rmbe art of hankrttNcv Curb rimW of rarex'Wim ix in ah!,im to aril err a
Irra of any ut :err [reeds which &ia may bate m Ir. err aunt'.
15TERMNATION The pedarmaucofworkunder this artkrmsybetmrauteln%hcl,,:fin pi, bytke
Bu)a in "'car dearer with 'big profit on Tammstiots of work Wrevada shall be effected by lbc deii,ay
of the Setter of a ••Nate of Termination' rpwrf)iag tba eaten to whieb pafevnuwe of work under the
order is teroll" d ad the die ;epee which such termirAion Ite.-amm effective. Such right or mia:maien is
is adeitiart rat awf not io firs of the rights of Bayer sn fcrtk m C1cne la. 6aeia
16 FORCE bLAAME Neaher pally shall be hdd respoaribk far losses. resunritg if the falfiibxe:
of an} ttmv et pronsam Of [tit cell ter a deLyed m praaued by ally cause not within Ihr cemro! of the
Platy chore pahmtece is interfered %.11. Ani which b) the exercise of rrancabledil.stace said pony Is
mnabk to ;mere
1 r 4MIGNSI M-DELEGAMV No oght err :et:aal it this Ocmrxt fall be sssip:Id sr cirkgetun of
AN) eb4zi.ionmade to Sel'er washout tb, wnnca peemissioo of the Ba)a. Aey a:ar{td assig.m-nt or
de.e3rw3 iy teller shag to *bogyvod alld toully;na!frcri,e fat an F,L•pcfo Miles$ made in car. m.;-) v3h
this paragraph
it
WAIVER No claim ar ngta raxg Mot if a hres:t of that ece!fac-can to 1wharged it a bole or a par.
by a wan" or remreciaaa of :ice claim or tight tenter$ the u War 0: renunciation Es su;pared b)
coraalnat:oc lad a is welling s:gnd h) the yg:ievcdpunt).
1a. INTERPRETATION.PAROLb EVIDENCE This wrsurgpint icy sPaificalres (at t:sb wd
Pnfomuret Plocidd by 114M it his d.ataawn: hr brig. Said my other doclarntspcobiddby
Sella as par cf het hid u wa.kd by the rami s as a fiat[ ea,•veuoo of Ihve agreement Mad in:c..af alto
as a recall, -.leer era! tacluube watesest of she tam of tbeu apeeeeet Ntexva a [erie dcimr! h' c'r
L'etL,rm Cacuoercial C ode a toed is this ao:eemem.It: &fvsi:e cetx:=.ed m rise Case a to ede:tot
23. APPLICABf F I All Tka &pro== sic:: be i,m e:aed by the Vm term CcauxrcLd Cede %wbfe—a
thr tam -:";punt Comvara: Code is used. R " be coesrnted at morciag its l-uifacm ram
r.,e:u!
Cede at +&Pled to Ike StoreTexas as of Texas efrectns and tokae an the !De of this a ilreonew
t RI0147 TO ASSL'RILNCE. N'heena cat pwrty 10 flea eoal:W. in geed fib% hat reason to question
the @ tM ptr3's iatem to pettecm be may dcmxtJ tbs: The elhe pity give wea an asaae_e or h:s sacra to
per•.wm la ate• weft that a demand is made sad 40 ass"Me ngi,9tu2hm fna(S) drys. live demaadrg
racy cws tern the Gikze as as rmz rstaq rcpwlattoa cfthe cxarW.
22 1NDE)LNITICATION. Sella slut mJc:za; y. keep and ate hamless the Buyer. Is seats officials srd
ea�k)ers agaimt all m,�ona, dcuht loss. 4rtga. cyam. patatu cLiias. Buis. SakiTaies• jurlammp. rats
rod npttoa. which troy m aoyw ere arse agamt the Buya is aase-ueece of c!x graasirg of this eacrsct
or which eta) anywise matt th acUoi wttrha at car it shall be aL'eged err decr iad that she act -0
caused 'wash negligence or caasioo of tics Seller or its employs". or of Ike oubse:ter at esigcm or is
amrb)ees, if sty. and Ike Se•Ca Air M hie cuss 4%p erne. arplar. defend ad pat' all Charja Of a110RQa
sad ill colts ad other cspema ark og tMcfiom of mrurd is concoction deavzts• Mad. if any judgment
shall be tendered against the Buyer in any such artoo. the Seligi slue a its our nrer[ya, Salary Ltd
diuberge che save Septa @,,waggly undew.mds and ogre"at W.)thi ben: requaed by this cornet. "
attrwry la"'Ad b- Sella, shill m ao way I'M The rewastliday to iademail lteepacdsatellarem
MA drfco! the Buya al IaMua pro old
13. TIME h is hereby exrfag9y Agreed aoJ understood tar tine s at the assure for the pafomtance o,,
comraa, tend fs3ate by cotutxt :e mat Ire time apociocalionn o! chit agrrearent suit carve Seller to
be in defauk ofths sgronavol.
24 601E The Cdy of Lubbock hereby nolifrs all bidders *a is regrd to r) eanusct entered =o
pursuant to this request, mutofdy and women busineu enterpriser wit be aaordd squat O(por:uuties to
tubma bids m fespense to this tRxitatimt Arad %III WI be deomil+atd against an the grouats efface. ce:o-
set Of naavral *rigs m evardaaticn for an awud
25 NON -ARBITRATION Thr City rcycrta The eigbt to exec u any right at remedy to a by to t.:enlrxL
equ.ty. at athero.uc. icctudieg withou lunitatioa. the ngbt W seek any and ill forma of let&( in a court of
020011eat jurigdtoian Further. the Ccy "! cat be subject to soy chi estion process prior to ever in,
Ibumcstrctd righlaseek jutltcul reach' Tics 1' set fsttfthrreiaae cumulative aid Rot eschusne.
cis
and rely br eeaciwd concurtmly T@ the extea of ally coRCiet brtusethis provision and anolba psusisico
in. ornlued to. this decumcnit. thin prevision shall control
26. RIGHT 10 AUDIT At soy time daring the term of Ibe contract, or thera9a, the City. err a duty
sutherirnt audit fepresmlAtkc Of the Cry or the Stale of Texas, at its expense and at fmccab a times,
fesena that nail In gulf Contractor's records and books relevant to all services provided to the Coy :mda
this Contract it the acts such in audit by the Cay resat an) crrcn cr otapaymeats by the City.
C@ntraalor shall refund the Cay the ktl @nagat otsach ovapaymmts wbhtn thin) (30) da)s of such
audh oedingit of the Ca). a Ira opt cat. tesmva the right w deduct vuch amaupts owiag the Cay frcen May
paymcals dueeaeracinr
17. HOUSE BILL 201 S lWM&e &hI :UIS. signd by the CgttrrM,1 all Lime Ill, 2013 and Cfteciise cc 3anua,
1. 2013, amliolves a cy;Wy to be Imposed an a parson uho eorancu for renal$ services wash a love cta:
emery and who faits 10 praPerb t:aasly their workers This applies to submatrxion a wrll Corartetars sad
subcociratun wto &U 12 psapa:y classify t st rvidnls performigg work under a govemmemat mcrw will be
Poland T2on for each mdisdual ran bus ben misclasskfid iTaa Government Code Section 2115 001)
.1 ASSt(JNWGORSUBLETHN07tm CONT1tACF The Coattaoce shall not assign cc sublet thcmerTact.
of May Portion of the edciraet wilbaut %TkfeR Contra from the Director of Ptuchssiig and Comm
hlansgsmost 56suH cotimt log gives, that Conaactar slum trssare tit: Sttbetmnemf a shsR provide proof oat
imumnse Gam the Suhcoertuwr that tompiia wilt allaatnct twaA rce requirements
29. HOL'SF B:LL 129f DtSCLOSLREOF INTERESTED PARTIES House 110 1295, adoptdbythol4d
t egisbturc. "and I•?c2.gds. Texas Govemmcol Cade. Sed@a 2252.On rega'vs a L•usmess ev:ay cm"xg
ino missing warmers lint a get etnmeam! mercy or star Agave) to file with the ga,artmeatal aatay as sate
Agency a disclosure of Imareaed patties a: the time The buuileas catty submits the signed contract to the
goterm"n"A malty or Date agency lastnretiens (of crmplecing Form 1295 an atailsblc at
' yte�crslltzmet 1 g
30 CONTRACTOR ACiLNOWLEDOES. by wPpb-Al any Goods or Strives ther the Com:saar has read
fully uadartanda and *Ill be in fk11 compllucg wilb all [emu Aid conditions Mad the desaipriva material
cost od balm And any Additional assuctsttd documents and Amead ents The Cay disclaras any blend ad
toadasru Prrvided by that Counselor unless adreW upon is ummg by to patio in the even of aorlo
bet -to altar cams and aaditaua and May term ad crmdions provided by the Coatimetam. the team and
condah•„. pea lied &crew rhsm penal: The Sams end enadbens prcvitipd besein An, fix Rea! terms agreed
uFro by the pates. And any prior con IlArinc terms sham sae of as Core w d!ct
it By areernr;i chi ramit"e M?er.r. . icy; Yadnr v aifra •heel h d•r.t 1#,bcrtt Israel. and aofeft th a demo
i.Ll
l a'•rl.�a,'rat i,.:. C.tI+M ScA I II, it ::'1: t'•f.7
'�d6s'l
Ahi)
Government Solutions
CITY OF LUBBOCK
David McGaughey
P.O. BOX 2000
ATTN: ACCOUNTS PAYABLE
LUBBOCK, TX 79457
United States
Phone: (806) 775-2372
Fax:
Email: DMcGaughey@maiLcL1utmock.tx.us
All Prices are in US Dollar (USD)
Product
1 NanSwDaUCb ALNGSASUMVLNhnSvrStd2Pmc
Microsoft - Part#: P71-07281
Contract Name: Microsoft Software Volume Licensing
Contract#: DIR-TSOA092
Additional Comments
Service Level Agreements:
Pricing Proposal
Quotation*
15754136
Reference#:
EA4942386
Created On:
8/6/2018
Valid Until:
8/3112018
Inside Account Manager
Jeremy Freedman
1301 South Mo-Pac Expressway
Suite 375
Austin, TX 78746
Send PO to: Texas@chi.com
Phone: 1-800-870-6079 x 6526675
Fax: 512-732-0232
Bred: Jeremy_Freedman@shi.com
Qty v rPrlce Total
32 $4.659.47 $149,103.04
Total $149.103.04
1. Quotes: Quote requests will be acknowledged within 4 business hours of each request. Under normal
circumstances, quotes will be provided within 2448 hours of the Initial request. If quotes will take longer than this
timeframe, status updates will be provided at reasonable Intervals.
2. Orders: All valid orders will be processed within 24 hours.
3. Contract Documents: All submissions will be reviewed and responded to within 24 business hours. Actual
processing time will vary based on quality and complexity of the submission.
Thank you for choosing SHI-GSI To ensure the bast level of service, please provide End User Name, Phone Number,
Email Address and applicable Contract Number when submitting a Purchase Order. For any additional Information
Including Hardware, Software and Services Contracts, please contact an SHI-GS Inside Sales Representative at (800)
8704i079.
SHI Government Solutions, Inc. is 100% Minority Owned, Woman Owned Business.
TAX ID# 22-3695478; DUNS# 14-72441e96
The Products offered underthis proposal am subject to the SHI Return Policy posted at www shi comliefumoolicv unless there is
an existing agreement between SHI and me Customer
Fz' City of
Lubbock
Texas PURCHASE ORDER
TO:
SHIP TO:
SHI GOVERNMENT SOLUTIONS IN
1301 SOUTH MO -PAC EXPRESSWA S TE 375
AUSTIN Texas 78746
Page -
Date - 10/11/2016
Order Number 33000788 000 OP
CITY OF LUBBOCK
INFORMATION TECHNOLOGY
1611 LOTH STREET
LUBBOCK Texas 79401
INVOICETO: CITYOFLUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
Marta Alvarez, Director of hasing & Contract Management
Ordered 10/11/2016 Freight
Requested 11/01/2016 Taken By S SUMMERS
Delivery Per J Zhine / Req # 48635 Quote #12235321 / DIR-SDD-2503
Description/Supplier Item
CoreCAL ALNG SA MVL P1tfmUsCAL
#W06-01072 #18356919
OffcProPlus ALNG SA MVL Phfim
#269.12442 #18344354
WINENT ALNG SA MVL Pltfrm
#KV3-00353 #30759376
SharePointSvr ALNG SA MVL
#H04-00268
ExchgSvrEnt ALNG SA MVL
#395-02504 420977650
S03SvrALNG SA MVL
#5HU-00216 #26691440
Prjct ALNG SA MVL
#076-01912 #20977237
PrjctPro ALNG SAMVL_1PrjSvrCAL
#1130-00238 #21022450
Ordered
Unit Cost
UM
Extension
Request Date
2,003.000
40.4000
EA
80,921.20
11/01/2016
1,902.000
79.8000
EA
151,779.60
11/01/2016
1,902.000
35.4000
EA
67,330.80
11/01/2016
2.000
1,097.3000
EA
2,194.60
11/01/2016
3.000
653.9000
EA
1,961.70
11/01/2016
2.000
589.0000
EA
1,178.00
11/01/2016
1.000
106.2000
EA
106.20
11/01/2016
2.000
176.1000
EA
352.20
11/01/2016
I r'v City Of
Lubbock
TEXAS PURCHASE ORDER
TO:
SHIP TO:
SHI GOVERNMENT SOLUTIONS IN
1301 SOUTH MO -PAC EXPRESSWA S TE 375
AUSTIN Texas78746
Page -
Date - 10/11/2016
Order Number 33000788 000 OP
Branch/Plant 13410
CITY OF LUBBOCK
INFORMATION TECHNOLOGY
1611 LOTH STREET
LUBBOCK Texas 79401
INVOICETO: CITYOFLUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
MarWAIuchasiag & Contras Mans@ement
Ordered 10/11/2016 Freight
Requested 11/01/2016 Taken By S SUMMERS
Delivery Per J Zhine / Req # 48635 Quote #12235321 / DIR-SDD-2503
Description/Supplier Item
Ordered
Unit Cost
Um
Extension
Request Date
PdctSvrCAL ALNG SA MVL UsrCAL
13.000
36.2000
EA
470.60
11/01/2016
#1121.00591 #21022026
VisioPro ALNGSA MVL
10.000
90.5000
EA
905.00
11/01/2016
#D87-01159 #20988372
VSEntwMSDN ALNG SA MVL
6.000
1,058.6000
EA
6,351.60
11/01/2016
#MX3-00117
WinSvrStd ALNG SA MVL 2Proc
127.000
143.2000
EA
18,186.40
11/01/2016
#P73-05898 #26268977
SQLSvrEntCore ALNG LicSAPk MVL
14.000
5,177.7000
EA
72,487.80
11/01/2016
2Lic CoreLic #7JQ-00341
SQLSvrStdCoreALNG LicSAPk MVL
40.000
1,350.6000
EA
54,024.00
11/01/2016
2Lic CoreLic #7NQ-00302
Off365PE3 ShrdSvrALNG SubsVL
200.000
68.4000
EA
13,680.00
11/01/2016
MVLAddOn tomerCore #AAA-10764
Total Order
Terns NET DUE ON RECEIPT
471,929.70
��.i City Of
Lubbock
TEXAS PURCHASE ORDER
TO: SHIP TO:
SHI GOVERNMENT SOLUTIONS IN
1301 SOUTH MO -PAC EXPRESSWA SU TE 375
AUSTIN Texas 78746
Page -
Date - 10/11/2016
Order Number 33000788 000 OP
CITY OF LUBBOCK
INFORMATION TECHNOLOGY
1611 1 OTH STREET
LUBBOCK Texas 79401
IVCOICETO: CITYOFLUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 B1
Marta Alvarez, D' for of Purchasing & Contract Management
Ordered 10/11/2016 Freight
Requested 11/01/2016 Taken By
Delivery Per J Zhine / Req # 48635
Quote #12235321 / DIR-SDD-2503
S SUMMERS
This purchase order encumbers funds in the amount of $471,929.70 awarded SHI Government Solutions, Inc. of Austin, TX on
October 27, 2016. The following is incorporated into and made part of this purchase order by reference contract DIR-SDD-2503
dated September 20, 2016 SHI Government Solutions, Inc. of Austin, TX Resolution # 2016-R0397
CITY OF LUBBOCK
Daniel M. Pope, Mayor
ATTEST:
Aq
Reb cca Garza, CitySecretary
Im !El
Micreso-NL
Program Signature Form
MBAIMBSA number
Agreement number 01 E73535
Volume Licensing
Purchase Order 33000788
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.
ContractDocumentCode
<Choose Agreement>
Document Number or Code
<Choose Agreement>
Document Number or Code
<Choose Agreement>
Document Number or Code
<Choose Agreement>
Document Number or Code
<Choose Agreement>
Document Number or Code
Enterprise Enrollment
X20-12057
<Choose Enrollment/Re istration>
Document Number or Code
<Choose Enroll ment/Registration>
Document Number or Code
<Choose Enrollment/Re istration>
Document Number or Code
<Choose Enrollment/Re istration>
Document Number or Code
Product Selection Form
0530438.002 PSF
Document Description
Document Number or Code
Document Description
Document Number or Code
Document Description
Document Number or Code
Document Description
Document Number or Code
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 b
Signature*
Daniel M. Pope.
* indicates required field
entity name)* City of Lubbock
r
Re$ecca Garza, City `secretary
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLf(ENG)(Aug2o14) Page t of 2
Microsoft
' osoft Corporation
Signature
Printed First and Last Name
Micros Corporation
Printed Title
OCT 21 MR
Signature Date
(date Microsoft Affiliate countersigns)
der
Agreement Effective Date
Duly Authorized on behalfo
Microsoft Corporation
(may be different than Microsoft's signature d
e
Optional 2n1 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*
If Customer requires physical media, 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
6100 Neil Road, Suite 210
Reno, Nevada 89511-1137
USA
ProgramSignFonn(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Aug2074) Page 2 of 2
�® Microsoft
Enterprise Enrollment
Enterprise Enrollment number
(Microsoft to complete)
Previous Enrollment number
(Reseller to complete)
8579283
Volume Licensing
State and Local
Framework ID
"applicable)
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) any supplemental contact information
form or Previous Agreement/Enrollment form that may be required, (5) 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 htto://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. 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
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. If the Enrollment is renewed, the renewal term will expire 36 full
calendar months after the effective date of the renewal term. Any reference in this Enrollment to "day" will
be a calendar day.
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 Govemment, (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.
Membership in the Community is ultimately at Microsoft's discretion, which may vary by Government
Community Cloud Service.
EA2015Enrcov(US)SLG(ENG)(Aug2015) Page 1 of 10
Document X20-12057
"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 Terns 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 delried that: (1) is not useable in its
deployed configuration as a general purpose personal comp�Uting device (such as_a personal computer), a
multi -function server, or a commercially viable substitute for one ofthese sy�sterns, and.(2),only employs an
industry or task -specific software program (e.g. a compu r-aided--,desig �rog�ram used by an.architect or
a point of sale program) ("IndustrysProgram"). The device may include features}and'furnetions•derived from
�
Microsoft software or thit&pa software. If the device, performs desktop functions �C� ,tiq, as email, word
processing, spreadsheets, . detabase, "network Qr Internet browsing, or. scheduling, ortpers, nal 'finance),
then the desktop: fuhctio-W- (1,) "may only be `used for the purpose ofunsupporfing the'Industry PI'ogram
functionalitjr -,:end (2) must be technically integrated with the Ir0ustry�Prflgram or, employ -technically
enforced policies or architecture to operate ohly-when used,with thei{Industry Program functionality.
"Managed Device" means any device on which anyAffi)tite h th&Enterprise, directlytor indirectly controls
one or more operating system environments. Exampld#�&'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
ersonal-desktop computer, portable computer, workstation, or similar device capable of running _
UVindo�Ctira locally (in a physical or virtual operating system environment), or (2) a device used to access
awirhual'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, (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.
"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,
EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 2 of 10
Document X20-12057
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. The Use Rights
supersede the terms of any end user license agreement (on -screen or otherwise) that accompanies a
Product. The Use Rights for Software are published by Microsoft in the Product Terms. The Use Rights for
Online Services are published in the Online Services Terms.
"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, coitresponding 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 P0011ne"Services only. If no Enterprise product is :ord�ere., ,then Enrolled
Affiliat need; only maintain at least 250 _Subscription Licenses for. Eiaterprise-� Online
Seivibes
b. "Additional .Products: Upon satisfying the',minimuM;'order requirements above, Enrolled
Affiliate may order Additional ProdWcts.and Services.
c. Use Rights for Enterprise Products.,fO'. f!hterprise Products;"if a new Product version has
more restrictive use rights than the versi-06ilhat 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.
yoUntry 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.
(1) 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.
(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
EA2015EnrGov(US)SLG(ENG)(Aug20l5) Page 3 of 10
Document X20-12057
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.
(1) 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.
(iii) Online Services. For Online Services identified as eligible for true -up in the Product
Terms, Enrolled Affiliate may reserve 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 in excess of existing orders to Enrolled Affiliate and its Reseller. Reserved
Licenses will be invoiced retroactively to the month. in which they were reserved.
(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 fol(ows:
1) For,Subscripti6h Licenses that are part of an Enterprise -wide purchase, Licenses may
ba ftWUded if the total quantity of1icenses and Software- AssuratTC6 br- ari. applicable
group meets - or exceeds the.'-quan ity of - Qualified- iDevices and -Qualified. -Users (if
ordering userbase, Licenseaj �deniified on the Product Selection Focm;' and includes
any'additional Qualified Devices and Qua(ifed1jsers-added in any".
ny phor�tnie-up orders.
Step-up Licenses do not count'atowardsthis ,total count.
2) For Enterprise Online Services -that; are not a partof an Enterprise -wide purchase,
Licenses can be reduced as long as the initial order minimum requirements are
maintained.
For Additional Products available as Subscription Licenses, Enrolled Affiliate may
A 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
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.
EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 4 of 10
Document X20-12057
(vIQLate true -up order. If the true -up order or update statement is not received when due:
1) Microsoft will invoice Reseller for all Reserved Licenses not previously ordered and
2) 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:
(1) 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.
Verifying compliance. Microsoft may, in its discretion and at its; expense, verify compliance
J• fY• 9 P � Y � ,p_, fy p
with this Enrollment as set forth in the Enterprise Agreement.,
3. Pricing.
a. Price Le ►eCs:. Fnh both the ,initial and, any`renewal°term Enrolled. -A. ffihate''d=�PiUt LW61_for all
Produdts_ordered under this Enrollmentwillbe Level* througlioutthe term-of�thd. Enrollment.
b. "Setting Prices. Enrolled Affiliatei's prices for each: PrO Odor SdWice will be established by its
Reseller. As long as Enrolled Affiltate.continues to qualif 4ortho-same price level, Microsoft's
prices for Resellers for each Product or: Ser-Vice:W ll be fxed4hroughout the applicable initial or
renewal Enrollment term.. Price levels antl'Micros-offs' prices. to Resellers are reestablished at
the beginning of the renewal term. However, `if'Enrolled Affiliate qualifies for a different price
level during. the applicable initial or renewal term' Microsoft may at its discretion establish a
new price level for future new orders either upon Enrolled Affiliate's request or on its own
ifiative. Any changes will be based upon price level rules in the 'Product -Selection Form.
4: Payment terms.
For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the
applicable Enrollment term. If an upfront payment is elected, Microsoft will invoice Enrolled Affiliate's
Reseller in full upon acceptance of this Enrollment. If spread payments are elected, unless indicated
otherwise, 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 on each 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 the Enrollment for one additional 36 full calendar month term or signing
EA2015EnrGov(US)SLG(ENG)(Aug20l5) Page 5 of 10
Document X20-12057
a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and
renewal order prior to or at the Expiration Date. The renewal term will start on the day following
the Expiration Date. Microsoft will not unreasonably reject any renewal. 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.
(t) 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 for
Enrolled Affiliate's price level as of the Expiration Date plus a 3% administrative fee for
up to one year. If Enrolled Affiliate does want an Extended Term, Reseller must submit
a request to Microsoft. Microsoft must receive, the request not less than 30 days prior
to the Expiration Date.
2) Cancellation during Extended Term. If Enrolled ;Affiliate i1*s opted"for the Extended
Term and -later determines not to continue with: the".Ex en ed Term, Reseller must
submit a!;nottce of cancellation-for'each Online Service: Cancet66 "IFIJe effective
at the end of'the°month following 30 days after Midrosoft has-receiued the notice.
(III Subsccipteon Licenses and .Online Services not elid[ble ` bi. an _Ext6fhded T erm. 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. ,MIcr6soft'fnay request written
certification to verify compliance'
d. Termination for cause. Any termination lbr.-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
EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 6 of 10
Document X20-12057
members may use Government Community Cloud Services.
b. All terms and conditions applicable to non -Government Community Cloud Services
also apply 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.
EA2015EnrGov(US)SLG(ENG)(Aug20l5) Page 7 of 10
Document X20-12057
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 Affilidfre- and all Affiliates, witl -following Affillito(s) �exclhded
b. Please indicate whether the Enrolled Affiliate's Enterprise will include all new Affiliates acquired
after the,.start*of this Enrollment: Exclude future Affiliates
?. 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 David Last McCaughey
Contact email address* DMcGaughey@mail.ci.lubbock.tx.us
Street address* 1625 13th Street
City* Lubbock
EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 8 of 10
Document X20-12057
StatelProvince* Texas
Postal code* 79401-3830
(For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx)
Country* USA
Phone* 806-775-2372
Tax ID
* indicates required irelds
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 for applicable Online Services to add or reassign
Licenses and step-up prior to a true -up order.
® Same as primary contact (default if no information is provided below, even if the box is not
checked).
Contact name* First Last
Contact email address*
Street address*
City*
StatelProvince*
Postal code* -
(For U.S. addresses, please provide the zip + 4; a g. xxxx .7X)06 )
Country*
Phone*
Language preference. Choose the language for notices:. English
❑ This coptaot is a -third party (not "the Enrolled Affiliate): Warning: This. contact- receives
- ,
personaliyTi'ritifiable information of the.Custome� and itsAffliates.
* indicates required fields
c. Online Services Manager: This dontact'is authonzed to rnanage4he Online..Sery ces ordered
under the Enrollment and (for applicable .Online Servicesy 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)
_......Co Aa ct name*: First Last
.Contact email address*
- _ Phone*
❑ 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* SHI International Corp
Street address (PO boxes will not be accepted)* 290 Davidson Ave
City* Somerset
StatelProvince* NJ
Postal code* 08873
Country* USA
Contact name* 0 (AA
Phone* 888 764 8888
Contact email address* ea+nn 9s4A1 .wfV\
* indicates required fields
EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 9 of 10
Document X20-12057
By signing below, the Reseller identified above confirms that all information provided in this
Enrollment is correct.
Signature* iJ ( �Ct
Printed name* Da /t, ct I C y�/ CA t�o
Printed title* Con +f c>,C- - ,f G-a i.Sv
Date* 1, /10//(.
* 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
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.
(1) Additional notices contact
(ii) Software Assurance manager
(III) Subscriptions manager
(iv) Customer Support Manager (CSM) contact
3. Financing 00,0 diet
Is a purchase underihis Enrollment being financed through MS Financing? D Yes, _g:Nb _
If a purchase Onder this Enrollment is financed through M&Financi g; and Enrolled Affiliate chooses not to
finance any associated taxes, it must pay theses -taxes directly to= Microsoft.
EA2015EnrGov(US)SLG(ENG)(Aug20l5) Page 10 of 10
Document X20-12057
Enterprise Enrollment Product Selection Form
Proposal ID
0530438.002
Language: English (United States)
Microsoft I Volume Licensing
Enrollment Number
Enrolled Affiliate's Enterprise Products and Enterprise Online Services summary for the Initial order:
Profile
Qualified
Qualified Users
Device / User
Enterprise Product PlatformCAL
Licensing
Devices
Ratio
Model
Enterprise
1,902
2,003
0.9
Yes
User Licenses
Products
Enterprise Quantity
Office Professional Plus
Office Professional Plus
1,902
Office 365 Plans
Office 365 (Plan (33) Add On
200
Client Access License (CAL)
Core CAL
Core CAL
2,003
Windows Desktop
Windows Enterprise OS Upgrade
1,902
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+
Office 365 ProPlus+ Office
Office 365 (Plans El, E3,
License+ Windows
Win VDA+
365 (Plans E3, E4 and E5) +
E4 and E5)+ Enterprise
Intune+ EMS USL+
Enterpdse Cloud
Enterprise Cloud Suite USL
Cloud Suite USL
Enterprise Cloud
Suite USL
Suite USL
Quantity
1902
2003
1 2003
1902
Enrolled Affiliate's Price Level:
Product Offering I 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
EA-EASProdSelFonn(WW)(ENG) Page 1 of 2
Enterprise Enrollment Product Selection Form Microsoft IVolume Licensing
Additional Product Systems Pool: Unless otherwise indicated in associated contract documents, Price level set
using quantity from Group 4. 1 C
NOTES
Unless otherwise indicated in the associated contract documents, the price level for each Product offering / pool is set as described
above, based upon the quantity to price level mapping below:
Quantity of Licenses and Software Assurance
Price Level
2,399 and below
A
2,400 to 5,999
e
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: Unless otherwise indicated in associated Agreement documents, the CAL selection must be the same across the Enterprise for
each Profile.
Note 3: Enrolled Affiliate acknowledges that In order to use a third party to relmage the Windows Operating System Upgrade,Enrolled
Affiliate must certify that it has acquired qualifying operating system licenses. The requirement applies to Windows Enterprise OS
Upgrade.See the Product List for details.
Note 4: Enrolled Affiliate acknowledges that in order to use a third party to relmage the Windows Operating System Upgrade, Enrolled
Affiliate must certify that it has acquired qualifying operating system licenses. See the Product List for details.
Note 5: If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool,
the 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-EASProc1SelForm(WW)(ENG) Page 2 of 2
�® Microsoft
Volume Licensing
Enterprise Update Statement
Enterprise Agreement Number 01 E73535
Enrollment Number 8579283
Company Name City of Lubbock
In accordance with the terms of entity's Enterprise Agreement and Enrollment, a true -up order must be
submitted for each Enrollment's anniversary (including at Enrollment expiration and prior to any
renewal) to account for License quantity increases for:
a. Qualified Desktops/Devices or Qualified Users
b. Online Services (where permitted)
c. Previously ordered Additional Products
d. Products included in the Enrollment for Core Infrastructure
e. Products included in the Enrollment for Application Platform. Products selected with the
three year true -up option must place the true -up order only upon enrollment expiration and
prior to renewal.
If entity has ordered any additional quantities since its last Enrollment anniversary, this annual true -up
order is still required. Entity must submit an Enterprise Update Statement for each anniversary when
there has been no increase in required License quantities as described above.
0 In checking this box, entity confirms that under the above referenced Enrollment, there has been
no increase in the number of required Licenses not already ordered in a prior placed True Up
Orders. Entity understands that it is the responsibility of the entity to ensure that all licenses
installed are used according to the Enterprise Agreement and Enrollment referenced above.
Select applicable year for this Update statement: 3
Name of
Daniel M. Pope. Mayor
* indicates required fields
EAUnivemalUpdateStatement(VLCM)(WWXENC,)(Apr2014) Page 1 of 1
City of
Lubboc rExas PURCHASE ORDER
TO: SHI GOVERNMENT SOLUTIONS IN
1301 SOUTH MO -PAC EXPRESSWA
AUSTIN Texas 78746
Page - 1
Date - 08/08/2017
Order Number 33000881 000 OP
Bimclephart 3410
SHIP TO: CITY OF LUBBOCK
SU ITE 375 INFORMATION TECHNOLOGY
1611 LOTH STREET
LUBBOCK Texas 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
Mazza Alvarez, Directo of Purchasing & Contract Management
Ordered 08/08/2017 Freight
Requested 08/25/2017 Taken By
Delivery Per J Zhine / Req # 50592
S SUMMERS
Quote # 13838689/DIR-SDD-2503
Description/Supplier Item
Ordered
CoreCAL ALNG LicSAPkUsrCAL Tru
246.000
#W06-01056
OffcProPlus ALNG LicSAPk MVL
155.000
#269-12445
WinE3perDVC ALNG UpgSAPk MVL
155.000
#KV3-00356
ExchgSvrEnt ALNG LicSAPk MVL
3.000
#395-02412
PrjctPro ALNG LicSAPk MVL
51.000
wlPrjctSvrCAL #H30-00237
VisioPro ALNG LicSAPk MVL
27.000
#D87-01057
WinSvrStd ALNG LicSAPk MVL
2.000
#P73-05897
Terms NET DUE ON RECEIPT
Unit Cost
UM
Extension
Request Date
201.2000
EA
49,495.20
08/25/2017
377.7100
EA
58,545.05
08/25/2017
123.2200
EA
19,099.10
08/25/2017
4,244.4000
EA
12,733.20
08/25/2017
1,044.4800
EA
53,268.48
08/25/2017
537.1000
EA
14,501.70
08/25/2017
924.5800
EA
1,849,16
08/25/2017
Total Order
209,491.89
City of
Lubbock
TEXAS
PURCHASE ORDER
I O. SHI GOVERNMENT SOLUTIONS Il\
1301 SOUTH MO -PAC EXPRESSWA
AUSTIN Texas 78746
Page - 1
Date - 08/08/2017
Order Number 33000881 000 OP
SHIP TO: CITY OF LUBBOCK
CE 375 INFORMATION TECHNOLOGY
1611 LOTH STREET
LUBBOCK Texas 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
Marta Alv ez, Director of Purchasing & Contract Management
Ordered
Requested
08/08/2017
08/25/2017
Delivery Per J Zhine / Req # 50592
Freight
Taken By
Quote # 13838689/DIR-SDD-2503
S SUMMERS
3410
This purchase order encumbers funds in the amount of $209,491.89 awarded to SHI Government Solutions, Inc. of Austin, TX on
October 27, 2016. The following is incorporated into and made part of this purchase order by reference: Quotation Number 13838689
from SHI Government Solutions, Inc. of Austin, TX and Department of Information Resources Contract DIR-SDD-2503. Resolution
#2016-R0397
CITY OF LUBBO
Daniel M. Pope, Mayor
ATTEST:
)X�
Re ec a Garza, City Secretary
4!;;-Whn
Pricing Proposal
Quotation #: 13838689
Created On: 7/24/2017
Valid Until: 8/31/2017
rvernmerrf �oiu�►Qns
CITY OF LUBBOCK
Inside Account Manager
David McGaughey
Jeff Rosen
P.O. BOX 2000
1301 South Mo-Pac Expressway
ATTN: ACCOUNTS PAYABLE
Suite 375
LUBBOCK, TX 79457
Austin, TX 78746
United States
Phone: 800-870-6079 ext 8686150
Phone: (806) 775-2372
Fax: (512)732-0232
Fax:
Email: Jeff_Rosen@shi.com
Email: DMcGaughey@mail.ci.lubbock.tx.us
All Prices are in US Dollar (USD)
Product
Qty Your Price Total
1 CoreCAL ALNG LicSAPk MVL Pltfrm UsrCAL
246 $201.20 $49,495.20
Microsoft - Part#: W06-01056
Contract Name: Microsoft
Contract #: DIR-SDD-2503
2 OfficeProPlus ALNG LicSAPk MVL Pltfrm
155 $377.71 $58,545.05
Microsoft - Part#: 269-12445
Contract Name: Microsoft
Contract #: DIR-SDD-2503
3 WinE3perDVC ALNG UpgrdSAPk MVL Pltfrm
155 $123.22 $19,099.10
Microsoft - Part#: KV3-00356
Contract Name: Microsoft
Contract #: DIR-SDD-2503
4 ExchgSvrEnt ALNG LicSAPk MVL
3 $4,244.40 $12,733.20
Microsoft - Part#: 395-02412
Contract Name: Microsoft
Contract#: DIR-SDD-2503
5 PrjctPro ALNG LicSAPk MVL w1PrjctSvrCAL
51 $1,044.48 $53,268.48
Microsoft - Part#: H30-00237
Contract Name: Microsoft
Contract #: DIR-SDD-2503
6 VisioPro ALNG LicSAPk MVL
27 $537.10 $14,501.70
Microsoft - Part#: D87-01057
Contract Name: Microsoft
Contract #: DIR-SDD-2503
7 WinSvrStd ALNG LicSAPk MVL 2Proc
2 $924.58 $1,849.16
Microsoft - Part#: P73-05897
Contract Name: Microsoft
Contract #: DIR-SDD-2503
Total $209,491.89
Additional Comments
Here is the quote you requested.
Please reference SHI quote #'s on all purchase orders. When ordering please provide the end -user's name, phone
number and e-mail address. Please also include a bill to and ship to address.
Thank you!
The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.com/returnoo/icy, unless there is
an existing agreement between SHI and the Customer.
City of
Lubbock PURCHASE ORDER
TEXAS
TO: SHI GOVERNMENT SOLUTIONS INC
1301 SOUTH MOPAC EXPRESSWAY
SUITE 375
AUSTIN TX 78746
Page - 1
Date - 9/16/2019
Order Number 33001242 000 OP
Branch/Plant 3410
SHIP TO: CITY OF LUBBOCK
INFORMATION TECHNOLOGY
1611 LOTH STREET
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 B
MartaVlvarez, Director of Purchasing & Contract Management
Ordered 9/16/2019 Freight
Requested 9/27/2019 Taken By J MONTES
Delivery Per J Zhine / Req # 54520 Quote #17734629 / DIR-TSO-4092
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
WinSvrDataCtr ALNG SASU MVL 16.000 3,812.2200 EA 60,995.52 9/27/2019
WinSvrStd 2Proc#P71-07281
Total Order
Terms NET DUE ON RECEIPT
60,995.52
This purchase order encumbers funds in the amount of $60,995.52 awarded to SHI Government Solutions.
Austin, TX on y- 13 , 2019. The following is incorporated into and made part of this purchase order
by reference: DIR-TSO-4092 from SHI Government Solutions. Austin, TX. Resolution # aOl4- ROM
City of Lubboc ATTEST:
Daniel M. Pope, M or Recci5
arza,City Se ret
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TX
I. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice.
Each shipping container shall he 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
if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number
of the container bearing the packing slip. Seller shall bear cost of packaging unless othewise 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 ofdelivery, quality and the like. If a 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 11 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 alterative. 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 of such 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) furnished
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 performance and 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 disaete 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 Sella for indemnification in the event that Seller is sued 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 infiingement 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 Ponds 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 fast. 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 part of the undelivered
portion of this order if Seller breaches any of the terms hereof including warranties of Sella 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.
15. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the
Buyer 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 the 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 of reasonable diligence said party is
unable to prevent.
17. 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.
IS.WAIVER- No claim or right arising out of a breach of this contract can be discharged in whole or in part
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 part of his bid, is intended by the parties as a final expression of then agreement and intended also
as a complete and exclusive statement of the terms of their agreement. Whenever a tern 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. Whereever
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 parry'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 same 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.
24. 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.forih 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 Contractors 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. HOUSE BILL 2015. House Bill 2015, signed by the Governor on June 14, 2013 and effective on January
1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental
entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and
subcontractors who fail to properly classify individuals performing work under a governmental contract will be
penalized $200 for each individual that has been misclassifined. (Texas Government Code Section 2155.001).
28. ASSIGNING OR SUBLETTING THE CONTRACT. The Contractor shall not assign orsublet the contract,
or any portion of the contract, without written consent from the Director of Purchasing and Contract
Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on
insurance from the Subcontractor that complies with all contract Insurance requirements.
29. HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295, adopted by the 84th
Legislature, created §2252,908, 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:
Imp p ci lubbock tx us departmental-websites/departments/ourehasim'vendor information
30. CONTRACTOR ACKNOWLEDGES, by supplying 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 these terms and conditions and any terms and conditions provided by the Contractor, the terms and
conditions provided herein shall prevail, The terms and conditions provided herein are the final terms agreed
upon by the parties, and any prior conflicting terms shall be of no force or effect.
31. By accepting this PO, contractor acknowledges that pursuant to Section 2270.002, Government Code, (a)
This section applies only to a contract that: (1) is between a governmental entity and a company with 10
or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly
from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with
a company for goods or services unless the contract contains a written verification from the company that
it(I) does not boycott Israel; and (2) will not boycott Israel during the term of the contract..
Rev. 07/19
ELI
# fE
Pricing Proposal
Quotation #: 17734629
Created On: 9/13/2019
Valid Until: 10/31/2019
CITY OF LUBBOCK Inside Account Manager
Jay Zhine Jeff Rosen
P.O. BOX 2000 1301 South Mo-Pac Expressway
ATTN: ACCOUNTS PAYABLE Suite 375
LUBBOCK, TX 79457 Austin, TX 78746
UNITED STATES Send PO to: Texas@shi.com
Phone: (806) 775-2366 Phone: 800-870-6079 ext 8686150
Fax: Fax: (512)732-0232
Email: JZhine@mail.ci.lubbock.tx.us Email: Jeff_Rosen@shi.com
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 WinSvrDataCtr ALNG SAS MVL WinSvrStd 2Proc 16 $3,812.22 $60,995.52
Microsoft - Part#: P71-07281
Contract Name: Microsoft Software VAR
Contract #: DIR-TSO-4092
Total $60,995.52
Additional Comments
Service Level Agreements:
1. Quotes: Quote requests will be acknowledged within 4 business hours of each request. Under normal
circumstances, quotes will be provided within 24-48 hours of the initial request. If quotes will take longer than this
timeframe, status updates will be provided at reasonable intervals.
2. Orders: All valid orders will be processed within 24 hours.
3. Contract Documents: All submissions will be reviewed and responded to within 24 business hours. Actual
processing time will vary based on quality and complexity of the submission.
The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under
that applicable line item.