HomeMy WebLinkAboutResolution - 2020-R0330 - PO 33001397 with Microsoft CorporationResolution No. 2020-RO330
Item No. 7.25
September 22, 2020
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
and on behalf of the City of Lubbock, Purchase Order No. 33001397 for the purchase Micro:
Enterprise Support Services as per DIR-TSO-4092, by and between the City of Lubbock
Microsoft Services of Dallas, Texas, and related documents. Said Purchase Order is attac
hereto and incorporated in this resolution as if fully set forth herein and shall be included in
minutes of the City Council.
Passed by the City Council on
September 22, 2020
DANIEL M. POPE, MAYOR
Al II S"I:
Rebec a Garza, City Secretary
APPROVED AS TO CONTENT:
Mark wodd, Assis ant City Manager
APPROVED AS TO FORM:
R an ook , A istant City Attomey
ccdocs/RES: PurchaseOrd 33001397 — Microsoft Enterprise Support Services
September 10, 2020
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PURCHASE ORDER
TO: MICROSOFT SERVICES SHIP TO:
C/O BANK OF AMERICA LOCKBOX 44 10
1950 NORTH STEMMONS FWY, SUIT 5 10
DALLAS TX 75207
Page - 1
Date - 9/10/2020
Order Number 33001397 000 OP
Branch/Plant 3410
CITY OF LUBBOCK
INFORMATION TECHNOLOGY
1314 AVENUE K - BASEMENT
LUBBOCK TX 79401
INVOICETO: CITY OF LLBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 794,7 BY:
Mara AlvjV
hasutg & Contract Management
Ordered 9/10/2020 Freight
Requested 9/28/2020 Taken By J MONTES
Delivery Per J Zhine / Req #56317 DIR-TSO-4092 PUR 15499
Description/Supplier Item
Microsoft Entrpr Supp Sery COL
TX 2020-21 United Adcan Supp
Unified Advanced Support
Add -on COL 2020-21
Advanced Advisory Support
Hours as needed -Advisory_ Sery
Advanced Built-in Proactice
Sery ices - generic - Administr
Advanced Problem Resolution
Hrs as needed -Resolution Supp
Advanced Sery Delivery Mgmt
Service Delivery Management
Modern Sry Mgmt Cloud Success
Plan Generic - IT Sery Mgmt
On -demand Assessment/Setup &
Contig/Educ - On Demand Assess
Ordered __ Unit Cost_ UM _ Extension Request Date
1.000 64,653.0000 EA 64,653.00 9/28/2020
1.000 8,500.0000 EA 8,500.00 9/28/2020
1.000 EA 9/28/2020
1.000 EA 9/28/2020
1.000 EA 9/28/2020
1.000 EA 9/28/2020
1.000- EA 9/28/2020
1.000 £A 9/28/2020
city of
Lubbock
TEXAS
PURCHASE ORDER
TO. MICROSOFT SERVICES SHIP TO:
C/O BANK OF AMERICA LOCKBOX 44 l0
1950 NORTH STEMMONS FWY, SUIT 5 10
DALLAS TX 75207
Page - 2
Date - 9/10/2020
Order Number 33001397 000 OP
Branch/Plant 3410
CITY OF LUBBOCK
INFORMATION TECHNOLOGY
1314 AVENUE K - BASEMENT
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACC'OtiNTS PAYABLE
P.O. BOX 2000 I-Af
LUBBOCK, TX 79457 BY:
Marta Alvarez, Director Purchasing & Contract Managenxnt
Ordered 9/10/2020 Freight
Requested 9/28/2020 Taken By J MONTES
Delivery Per J Zhine / Req #56317 DIR-TSO-4092 PUR 15499
Description/Supplier Item_ _ Ordered Unit C_ ost UM _ Extension Request Date
Online Support Portal 20.000 EA 9/28/2020
Administrative
Reactive Enabled Contacts 1.000 EA 9/28/2020
Problem Resolution Support
Webcasts As -Needed 1.000 EA 9/28/2020
Webeast
Proactive Credits Add -on 1.000 EA 9/28/2020
Proactive Credits - 65 ea
Service Delivery Mgmt Extended 1.000 EA 9/28/2020
Service Delivery Management
Total Order
Terms NET30 73.153.00
This purchase order encumbers funds in the amount of $73,153.00 awarded to Microsoft Services Dallas, TX, on
Seeptember 22. 2020. The following is incorporated into and made part of this purchase order by reference contract:
DIR-TSO-4092 from Microsoft Services Dallas, TX. Resolution#_2020-RO330
CITY OF LUBBOCK
L�Ijv
Daniel M. Pope, Mayor
ATTEST:
"40ae
Rebecca Garza, City Secretary
Rev. 1/2020
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TX
1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice.
Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address.
(b) Consignee's name, address and purchase order or purchase release number and the supply agreement number
if applicable, (c) Container number and total number of containers, e.g. box I of 4 boxes- and (d) the number
of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods
shall be suitably packed to secure lowest transportation costs and to conform with requirements of common
carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments
not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under
reservation and no tender of a bill o f lading will operate as a tender of goods.
3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer
actually receives and takes possession of the goods at the point or points of delivery.
4, NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply
with all provisions of this contract as to time of delivery, quality and the like, 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. Seller 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 rttay, 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, gifis 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 cent
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 EQUIPNIENT. 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.
S. 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 Ilse kind
and specification covered by this agreement for similar quantities under similar of like conditions and methods
Of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the
Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contact 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
viciation 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 firmished will
conform to the specification, drawings, and descriptions listed in the bid imitation, 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. softw are and f mrware
products delivered and services pr•o% ided under this Contract, individually or in combination. as the case may
be from the effective date of this Contract. The obligations contained herein apply to products and services
provided by the Seller, its sub- Seller or any third party involved in the creation or development of the products
and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the
obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the
law and under this Contract including, but not limited to, its right pertaining to termination or default. The
warranties contained herein are separate and discrete from any other warranties specified in this Contract.
and are not subject to any disclaimer of warranty. implied or expressed. or limitation of the Seller's liability
which may be specified in this Contract, its appendices. its schedules, its annexes or any document incorporated
in this Contract by reference.
10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards
promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the
event the product does not conform to OSHA standards. Buyer may return the product for correction or
replacement at the Seller's expense. In the event Seiler fails to make the appropriate correction within a
reasonable time. correction made by Buyer will be at the Seller's expense.
11, NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller
agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement
will give rise to the rightful claim of any third person by way of infringement of the like. Buyer makes no
warranty that the production of goods according to the specification will not give rise to such a claim. and in no
event shall Buyer be liable to Seller for indemnification in the event that Seller 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 infringement or the like. Seller will save Buyer harmless. If
Seller in good faith ascertains the production of the goods in accordance with the specifications will result in
infringement or the like, the contract shall be null and void.
12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the
availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds
by the City Council of the City of Lubbock for the goods or services provided under the contract. the City will
terminate the contract. without termination charge or other liability, on the last day of the then -currant fiscal
year or when the appropriation made for the then -current year for the goods or services cowered by this contract
is spent. whichever event occurs first. if at any time fiends arc 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.
1.3. CANCELLATION. Buycr shall have the tight 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 Seller or if the Seller
becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in
lieu of any other remedies which Buyer may have in law or equity.
15. TERMINATION. The performanceof 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 conformityu•ith
this paragraph.
18. 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 their agreement and intended also
as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the
Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control.
20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Wherever
the tern "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. Whencwer one party to this contract in good faith has reason to question
the other party's intent to perform he may demand that the other party give written assurance of his intent to
perform. In Cite event that a demand is trade 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. TiNIE. 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 imitation and will not be discriminated against on the grounds of race, color,
sew or natural origin in consideration for an award.
25. NON -ARBITRATION. The City resen es the right to exercise any right or remedy to it by )aw, contract.
equity. or otherwise. including without limitation, the right to seek an% 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 froth herein are cumulative and not exchush e.
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 tern of the contract, or thereafter. the City. or a dulw
authorized audit representative of the City or the State of Texas. at its expense and at reasonable times.
resents the right to audit Contractor's records and books relevant to all sen ices 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. resen es the right to deduct such amounts owing the City fi-om any
payments due Contractor.
27, HOUSE BILL 2015. House Bill 2015. signed by the Governor on June 14. 2013 and effective on January
I, 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 S200 for each individual that has been misclassifred. (Texas Government Code Section 2155.001).
23. ASSIGNING OR SUBLETTING THE CONTRACT. The Contractor shall not assign or sublet the contract.
or any portion of the contract, without written consent from the Director of Purchasing and Contract
Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on
insurance firm the Subcontractor that complies with all contract Insurance requirements.
29• HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295. adopted by the S4th
Legislature, created 2252.908, Texas Government Code. Section 2252.903 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:
http: www.ciJubbock.tx.us departmental-websites'dcoartmentsourchasing 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 term and
conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict
between these terns and conditions and any terns and conditions provided by the Contractor, the terms and
conditions provided herein shall prevail. The temps and conditions provided herein are the final terns agreed
upon by the parties, and any prior conflicting terms shall be of no force or effect.
31. HB S9 The Contractor warrants that it complies with Chapter 2270.001 of the Texas Government Code by
verifying that: (1) The Contractor does not boycott Israel; and(2) The Contractor will not boycott Israel
during the term of the Agreement.
32, The Contractor (i) does not engage in business with Iran. Sudan or any foreign terrorist organization and
till it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a
company known to have contracts with or provide supplies or services to a foreign terrorist organization.
33. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter J. Chapter 552. Government
Code. may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the
contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.
34. Pursuant to Section 552.23.1(c) of the Texas Government Code, the City of Lubbock has designated the
following email address for which public information requests may be made by an entailed request:
orva mylubbock.us. Please send this request to this email address for it to be processed.
PC%/ 1 '1n1A
Microsoft
Microsoft Enterprise Services Work Order
(For Microsoft Intern aIPurposes Only) T0002011.309949-374715
Work Order Number
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
'bur' 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. Regardless of any terms and
conditions contained in a purchase order, if any, the terms of this Work Order apply.
Customer Microsoft Affiliate
Name of Customer (please print) Name 1
City of Lubbock Microsoft Corporation
Signature Signature
----fir...-� - -- ---------- -- -
Name of person signing (please print) Name of person signing (please print)
Daniel M. Pope
Title of person signing (please print)
Mayor
Signature date
Title of person signing (please print)
Signature date (effective date)
September 22, 2020
Name of Customer or its Affiliate that executed the Agreement (if different from Customer
Rebecca Garza, City Secretary
Approved to Content:
Mark earvvoo , Assistant City Manager
Approve to form: Page 1 of
Ryan ooke, Assistant City Attorney
Name of Customer
Contact Name (Receives invoices under this Work Order)
City of Lubbock
James C. Brown
Street Address
Contact E-Mail Address
1314 Avenue K
JBrown@m lubbock.us
City
State/Province
Phone
Lubbock
Texas
806-775-2372
Country
Postal Code
Fax
United States
79401
1. Support Services and Fees.
1.1. Term.
Microsoft Enterprise Support Services shall be effective and will commence on 11/1/2020 or the
last above Signature Date, whichever is later (the"Support Commencement Date") and shall expire
twelve (12) months following the Support Commencement Date (the "Support Expiration Date').
This Work Order may be amended, and the Period of Performance extended prior to the Support
Expiration Date. In order for Microsoft to continue performing Services after the Support
Expiration Date of this Work Order, Customer and Microsoft shall agree in writing to a new Work
Order identifying the new terms upon which Customer and Microsoft agree.
1.2. 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.microsaft,com/en-
us/microsoftservices/PubSec-su�oort-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.
9.1 US SLG Unified ESWO (PSUS)(Nov2019) Page 2 of 7
Services by Support Location
fi ao
Included
Advanced Advisory Support Hours As -needed
Advisory Services
1 ea
Advanced Built-in Proactive Services
• Advanced Built-in Proactive Services -
Generic
Administrative
Included
Advanced Problem Resolution Hours As -needed
Problem Resolution
Support
Included
Advanced Service Delivery Management
Service Delivery
Management
1 ea
Modern Service Management - Cloud Success
Plan Generic
IT Service Management
Included
On -demand Assessment
On -Demand Assessment
1 ea
On -Demand Assessment - Setup and Config
Service
On -Demand Assessment
Remote
Included
On -demand Education
On -Demand Education
Included
Online Support Portal
Administrative
100 ea
Reactive Enabled Contacts
Problem Resolution
Support
Included
Webcasts As -Needed
Webcast
65 ea
Proactive Credits
Proactive Credits
Included
Service Delivery Management Extended
Service Delivery
Management
1.3. Support Services Fees.
The items listed in the table above represent the services that Customer has pre -purchased for use
during the term of this Work Order, and applicable fees are shown in the table below. Microsoft
Support Services area non-refundable prepaid service. Microsoft must receive Customerpufchase
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 Services ordered herein.
9.1 US SLG Unified ESWO (PSUS)(Nov2019) Page 3 of 7
Unified Advanced Support for TX -City of Lubbock
11/1/2020
64,653
Unified Advanced Support (Add -on) for City of Lubbock
11/1/2020
8,500
Subtotal
73,153
Total Fees (excluding taxes)
73,153
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.
1.4. Customer Named Contacts.
Any changes to the named contacts should be submitted to Microsoft Contact.
Name of Customer Support Service Administrator
Jerrid Sanders
Street Address
Contact E-Mail Address
1314 Avenue K
JSanders@mylubbock.us
City
State/Province
Phone
Lubbock
Texas
806-775-2396
Country
Postal Code
Fax
United States
79401
Use, ownership, rights, and restrictions.
1.5. 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.
9.1 US SLG Unified ESWO (PSUS)(Nov2019) Page 4 of 7
1.6. Fixes
"Fixes" means Product fixes, modifications, enhancements, or their derivatives, that Microsoft
either releases generally (such as service packs), or that Microsoft provides to Customer when
performing Professional Services (all support, planning, consulting and other professional services
or advice, including any resulting deliverables provided to Customer under this Work Order, to
address a specific issue. "Professional Services" means Product support services and Microsoft
consulting services provided to Customer under this Work Order. "Professional Services" or
"services" does not include Online Services, unless specifically noted.
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.
1.7. 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.
1.8. 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.
1.9. 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.
9.1 US SLG Unified ESWO (PSUS)(Nov2019) Page 5 of 7
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.
1.10.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.
1.11.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
701-281-6551
A� Contact e-mail address
Steven.Carvell@microsoft.com
9.1 US SLG Unified ESWO (PSUS)(Nov2019) Page 6 of 7
AppendixA
Below is a list of your declared licensed products and cloud services for which Microsoft will
provide support services as defined within this document.
FustomerName �^I
Licensing Program
Licensing
Enrollment/Agreement
Number
CITY OF LUBBOCK
CITY OF LU BBOCK WATER
revere
9.1 US SLG Unified ESWO (PSUS)(Nov2019) Page 7 of 7
CERTIFICATE OF INTERESTED PARTIES
FORM 1Z9rJ
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2020-666038
Microsoft Corporation
Austin, TX United States
Date Filed:
09/10/2020
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
09/10/2020
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
#15499
Microsoft Premier Services
4
Name of Interested Party
City,State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
X
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is 1 , ,
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of , on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms arovided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2020-666038
Microsoft Corporation
Austin, TX United States
Date Filed:
09/10/2020
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
#15499
Microsoft Premier Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party. ❑
X
DS
6
UNSWORN DECLARATION
My name is Charles H. Brown ,andFAyd
-is
My address is 12012 Sunset Hills Road Reston ,
VA , 20194 , USA
(street) (city)
(state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Fairfax County, State of Virginia , on they nth day of Sep , 20 20 .
(month) (year)
Docuftned by:
t7re of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us
Version V1.1.3a6aaf7d
Cheryl Brock
Changed On
Description
Before
Aker
Current Balance
Cost of Good/Services
09/1412020
Approved User ID
[none]
Brock, Cheryl
$75,444.56
$73,153.00
09/14/2020
Completed
No
Yes
$75,444.56
$73,153.00
09/14/2020
Complete Date
[none]
9/14/2020
$75,444.56
$73,153.00
09/14/2020
Item Review Status ID
Under Review
Approved
$75,444.56
$73,153.00
09/14/2020
Passed
No
Yes
$75,444.56
$73,153.00
09/14/2020
StatusChangedDate
[none]
9/14/2020
$75,444.56
$73,153.00
James Brown
Changed On
Description
Before
After
Current Balance
Cost of Good/Services
09/09/2020
Approved User ID
[none]
Brown, James
$75,444.56
$73,153.00
09/09/2020
Completed
No
Yes
$75,444.56
$73,153.00
09/09/2020
Complete Date
[none]
9/9/2020
$75,444.56
$73,153.00
09/0912020
Item Review Status ID
Under Review
Approved
$75,444.56
$73,153.00
09/0912020
Passed
No
Yes
$75,444.56
$73,153.00
09/09/2020
StatusChangedDate
[none]
9/9/2020
$75,444.56
$73,153.00
Jay Zhine --
Changed On
Description
Before
After
Current Balance
Cost of Good/Services
09/08/2020
Plan added
$75,444.56
$73,153.00
09/09/2020
Requisition Amount
$73.376.00
$73,153.00
$75,444.56
$73,153.00
09/09/2020
Budget Amount for Goods
SE $73,376.00
$73,153.00
$75,444.56
$73,153.00
Additional Info
Item Review (Budget Director)
Item Review (Budget Director)
Item Review (Budget Director)
Item Review (Budget Director)
Item Review (Budget Director)
Item Review (Budget Director)
Additional Info
Item Review (Purchasing Approval)
Item Review (Purchasing Approval)
Item Review (Purchasing Approval)
Item Review (Purchasing Approval)
Item Review (Purchasing Approval)
Item Review (Purchasing Approval)
Additional Info
Plan (PUR-2020-15499)
Plan (PUR-2020-15499)
Plan (PUR-2020-15499)
September 14, 2020 Page 1 of 6
09/09/2020 Scope
Purchase Order to
Purchase Order to Microsoft Corporation
Microsoft
for the renewal of Microsoft Enterprise
Corporation for the
Support Services in the amount of
renewal of
$73,153 for Microsoft products and/or
Microsoft
applications that require support for
Enterprise Support
fixes, upgrades or migrations. The
Services in the
agreement includes Advanced Advisory
amount of $73,376
Support, Built-in Proactive Services,
for Microsoft
Problem Resolution, Delivery
products and/or
Management, Cloud Success,
applications that
On -demand Assessment, Reactive
require support for
Enabled Contacts, Add -on services that
fixes, upgrades or
include Onsite Visits, Proactive Credits &
migrations. The
Extended Delivery Management.
agreement includes
Advanced
The purchase is made available through
Advisory Support,
the Stale of Texas Department of
Built-in Proactive
Information Technology (DIR) Contract
Services, Problem
DIR-TSO-3781.
Resolution, Delivery
Management, Cloud
Success,
On -demand
Assessment,
Reactive Enabled
Contacts, Add -on
services that
include Onsite
Visits, Proactive
Credits & Extended
Delivery
Management.
The purchase is
made available
through the State of
Texas Department
of Information
Technology(DIR)
Contract
DIR-TSO-3781.
$75,444.56 $73,153.00 Plan(PUR-2020-15499)
September 14, 2020 _ _ _ Page 2 of 6
09/09/2020
09/09/2020
Plan Description
Attachment added
The amount of The amount of $73,153 for the Enterprise $75,444.56 $73,153.00 Plan (PUR-2020-15499)
$73,376 for the Support Services Agreement is budgeted
Enterprise Support in the FY2019-20 Information Technology
Services Operating Budget.
Agreement is
budgeted in the
FY2019-20
Information
Technology
Operating Budget.
$75,444,56 $73,153.00 Attachment (Microsoft Premier _ESWO_TX
City Of Lubbock_FY21 Ran_9820.pdf)
September 14, 2020 Page 3 of 6
09/09/2020
trR7JES Yi1YdS
Scope
Attachment added
September 14, 2020
Purchase Order to Purchase Order to Microsoft Corporation $75,444.56 $73,153.00 Plan (PUR-2020-15499)
Microsoft for the renewal of Microsoft Enterprise
Corporation for the Support Services in the amount of
renewal of $73,153 for Microsoft products and/or
Microsoft applications that require support for
Enterprise Support fixes, upgrades or migrations. The
Services in the agreement includes Advanced Advisory
amount of $73,153 Support, Built-in Proactive Services,
for Microsoft Problem Resolution, Delivery
products and/or Management, Cloud Success,
applications that On -demand Assessment, Reactive
require support for Enabled Contacts, Add -on services that
fixes, upgrades or include Onsite Visits, Proactive Credits &
migrations. The Extended Delivery Management.
agreement includes
Advanced The purchase is made available through
Advisory Support, the State of Texas Department of
Built-in Proactive Information Technology (DIR) Contract
Services, Problem DIR-TSO-4092.
Resolution, Delivery
Management, Cloud
Success,
On -demand
Assessment,
Reactive Enabled
Contacts, Add -on
services that
include Onsite
Visits, Proactive
Credits & Extended
Delivery
Management.
The purchase is
made available
through the State of
Texas Department
of Information
Technology(DIR)
Contract
DIR-TSO-3781.
$75,444.56 $73,153.00 Attachment (Microsoft Corp Form 1295
Certificate 100684869 091020 Signed.pdl)
Page 4 of 6
09/10/2020 Plan Description The amount of Purchase from Microsoft Corporation in $75,444.56 $73,153.00 Plan (PUR-2020-15499)
$73,153 for the the amount of $73,153, for the renewal
Enterprise Support of the Enterprise Support Services
Jessie Montes Jr.
Changed On Description
09/09/2020 Geo Rules Caller Type
09/09/2020 Workflow Status
09/09/2020 Plan Submittal added
09/09/2020 Start Date
09/09/2020
Workflow Status
09/09/2020
AssignedTo
09/09/2020
Assigned User ID
09/09/2020
Assigned User ID
09/09/2020
Geo Rules Caller Type
09/09/2020
GeoRulesSubmittal
09/09/2020 Plan Submittal added
Services
Agreement for the period of 11/O1/2020
Agreement is
to 10131/2021. The Agreement is for
budgeted in the
break/fix support and includes Advanced
FY2019-20
Advisory Support, Built-in Proactive
Information
Services, Problem Resolution, Delivery
Technology
Management, Cloud Success,
Operating Budget.
On -demand Assessment, Reactive
Enabled Contacts, Add -on services that
include Proactive Credits & Extended
Delivery Management.
Before After
None Submittal —Received
Not Started Started
[none] 9/9/2020
Not Started Started
Alvarez, Marta Mantes Jr., Jessie
Alvarez, Marta Brown, James
Alvarez, Marta Yearwood, Mark
None
[none]
09/09/2020
Start Date
[none]
09/09/2020
Workflow Status
Not Started
09/092020
End Date
[none]
09/092020
Workflow Status
Not Started
09/092020
End Date
[none]
09/092020
Workflow Step General Reas
[none]
09/092020
Workflow Status
Not Started
September 14, 2020
Submittal —Received
4735549a-3751450b-9dc7-3005a I5eflb
4
9/9/2020
Started
9/9/2020
Skipped
9/9/2020
Not Needed
Skipped
Current Balance
Cost of Good/Services
Additional Info
$75,444.56
$73,153.00
Plan (PUR-2020-15499)
$75,444.56
$73.153.00
Plan workflow step text: (initial Internal
Review by Purchasing)
$75,444.56
$73,153.00
Plan submittal text: (91912020)
$75.444.56
$73,153.00
Plan workflow step action text:
(Completeness Check)
$75,444.56
$73,153.00
Plan workflow step action text:
(Completeness Check)
$75,444.56
$73,153.00
Plan (PUR-2020-15499)
$75,444.56
$73,153.00
Plan Submittal Item Review (Purchasing
Approval)
$75,444.56
$73,153.00
Plan Submittal Item Review (Assistant City
Manager/CFO)
$75,444.56
$73,153.00
Plan(PUR-2020-15499)
$75,444.56
$73,153.00
Plan(PUR-2020-15499)
$75,444.56
$73,153.00
Plan submittal text: (9/9/2020)
$75,444.56
$73,153.00
Plan workflow step action text: (Budget
Director)
$75,444.56
$73,153.00
Plan workflow step action text: (Budget
Director)
$75,444.56
$73,153.00
Plan workflow step text: (Completion of
Contract Details)
$75,444.56
$73,153.00
Plan workflow step text: (Completion of
Contract Details)
$75,444.56
$73,153.00
Plan workflow step action text: (Attach
Insurance Information)
$75,444.56
$73,153.00
Plan workflow step action text: (Attach
Insurance Information)
$75,444.56
$73.153.00
Plan workflow step action text: (Attach
Insurance Information)
Page 5 of 6
09/0912020
End Date
[none]
9/9/2020
$75,444.56
$73,153.00
Plan workflow step action text: (Upload
Contract)
09/09/2020
Workflow Step General Reas
[none]
Not Needed
$75,444.56
$73,153.00
Plan workflow step action text: (Upload
Contract)
09/09/2020
Workflow Status
Not Started
Skipped
$75,444.56
$73,153.00
Plan workflow step action text: (Upload
Contract)
09109/2020
End Date
[none]
9/9/2020
$75.444.56
$73,153.00
Plan workflow step action text: (Risk
Management Coordinator)
09/09/2020
Workflow Step General Reas
[none]
Not Needed
$75,444.56
$73,153.00
Plan workflow step action text: (Risk
Management Coordinator)
09109/2020
Workflow Status
Not Started
Skipped
$75A44.56
$73,153.00
Plan workflow step action text: (Risk
Management Coordinator)
09109/2020
End Dale
[none]
9/9/2020
$75,444.56
$73,153.00
Plan workflow step action text: (Facilities)
09/0912020
Workflow Step General Reas
[none]
Not Needed
$75,444.56
$73,153.00
Plan workflow step action text: (Facilities)
09/09/2020
Workflow Status
Not Started
Skipped
$75,444.56
$73,153.00
Plan workflow step action text: (Facilities)
0910912020
Plan workflow status change-
Completion of Contract Details v.1
$75,444.56
$73,153.00
Plan (PUR-2020-15499)
Skipped
09/09/2020
Workflow Step General Reas
SKIP: ( By: Jessie Monies Jr.)
$75,444.56
$73,153.00
Not Needed
09/09/2020
Workflow Step General Reas
SKIP: ( By: Jessie Monies Jr.)
$75,444.56
$73,153.00
Not Needed
09/09/2020
Workflow Step General Reas
SKIP: ( By: Jessie Monies Jr.)
$75,444.56
$73,153.00
Not Needed
09/09/2020
Workflow Step General Reas
SKIP : ( By: Jessie Montes Jr.)
$75,444.56
$73,153.00
Not Needed
09/10/2020
Requisition Number
[none]
56317
$75,444.56
$73,153.00
Plan (PUR-2020-15499)
09/14/2020
End Date
[none]
9/14/2020
$75,444.56
$73,153.00
Plan workflow step text: (Final Approvals)
09/14/2020
Workflow Status
Not Started
Skipped
$75,444.56
$73,153.00
Plan workflow step text: (Final Approvals)
09114/2020
End Date
[none]
9/14/2020
$75,444.56
$73,153.00
Plan workflow step action text: (Create Final
Approvals)
09/14/2020
Workflow Step General Reas
[none]
Budget Approved
$75,444.56
$73,153.00
Plan workflow step action text: (Create Final
Approvals)
09/14/2020
Workflow Status
Not Started
Skipped
$75,444.56
$73,153.00
Plan workflow step action text: (Create Final
Approvals)
09/14/2020
Plan workflow status change,
Final Approvals v.t Skipped
$75,444.56
$73,153.00
Plan (PUR-2020-15499)
09/14/2020
Workflow Step General Reas
SKIP: ( By: Jessie Monies Jr.)
$75,444.56
$73,153.00
Budget Approved
09/14/2020
Completed
No
Yes
$75,444.56
$73,153.00
Plan (PUR-2020-15499)
09/14/2020
Complete Date
[none]
9/14/2020
$75,444.56
$73,153.00
Plan (PUR-2020-15499)
09/14/2020
Plan Status
Under Review
Approved
$75,444.56
$73,153.00
Plan (PUR-2020-15499)
Mark Yearwood
Changed On
Description
Before
After
Current Balance
Cost of Good/Services
Additional Info
09/11/2020
Approved User ID
[none]
Yearwood, Mark
$75,444.56
$73,153.00
Item Review (Assistant City Manager/CFO)
09/1112020
Completed
No
Yes
$75,444.56
$73,153.00
Item Review (Assistant City Manager/CFO)
09/1112020
Complete Date
[none]
9/11/2020
$75,444.56
$73,153.00
Item Review (Assistant City Manager/CFO)
09/1 M020
Item Review Status ID
Under Review
Approved
$75,444.56
$73,153.00
Item Review (Assistant City Manager/CFO)
09/11/2020
Passed
No
Yes
$75,444.56
$73,153.00
Item Review (Assistant City Manager/CFO)
09/11/2020
StatusChangedDate
[none]
9/11/2020
$75,444.56
$73,153.00
Item Review (Assistant City Manager/CFO)
September 14, 2020 Page 6 of 6