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HomeMy WebLinkAboutContract 43370 (2)Microsoft buthglariel Volume Licenstrg� Microsoft Enterprise Enrollment —State and Local Amendment Enrollment number Microsoft to complete Amendment ID CTX- I 001-shancock-s-345 ID Number Microsoft to complete This amendment is entered into between the customer and Microsoft affiliate signing, as of the effective date identified below. All terms used but not defined will have the same meanings as in the Microsoft Enterprise Enrollment identified above as "the enrollment" and recorded by Customer as City Secretary Contract No. 41446. The following terms and conditions amend the terms and conditions of the enrollment identified above, but only with respect to the customer identified below and only for purposes of this enrollment. The parties agree that all references to the "replacement enrollment" and the "terminated enrollment" shall be references to the actual enrollment period(s) for which license has been granted to Customer to use the Microsoft services and/or products. 1. On page 1 (one) of the enrollment, the paragraph entitled "Effective Date" is hereby amended and restated in its entirety as follows: Effective Date. The effective date of this enrollment is March 30, 2012 2 Upon execution of this amendment (the "replacement enrollment"), your previous enrollment period set forth under enrollment #8703394 (the "terminated enrollment") shall be terminated, with such termination taking effect one day prior to the effective date of this replacement enrollment. The parties agree that: a. No license confirmations shall be issued pursuant to the terminated enrollment; b. We will cancel any payments pursuant to the terminated enrollment scheduled to be invoiced to your reseller on or after the effective date of this replacement enrollment; c. No credits or refunds shall be issued pursuant to payments pursuant to the terminated enrollment invoiced (or required to be invoiced) to your reseller prior to the effective date of this replacement enrollment; and � O met to n o rn d. Notwithstanding anything to the contrary in the section of the Enterprise Agreement :r i0 rn p g n associated herewith which provides for issuance of license confirmations in certain at a O instances upon early termination of an enrollment, for the purposes of determining X the number of license confirmations to be issued proportionally for this replacemen : _ 0 enrollment, the amount paid previously for products sold pursuant to the terminated enrollment shall be added to the amount paid pursuant to this replacement enrollment (as of the date this replacement enrollment is terminated early) in order to determine the "amount that has been paid as of the termination date" with respect to such products. In no event, however, will we issue license confirmations in numbers greater than the actual quantity of licenses ordered hereunder. The parties acknowledge that the reference prices hereunder take into account the purchases of Software Assurance and/or License & Software Assurance Packs, shown in the following table (collectively, the "Credited SA Purchases") which such Credited SA Microsoft Enterprise Enrollment v6 X SLG (North America)(English) May 4, 2012 EE Amend BD CTX Page 1 of 3 --29--1 2 P03 : 20 IN Microsoft I Volume Licensing Purchases were made pursuant to one or more other agreements and which will expire as of the dates shown on the table: ' Weill Coverage Expired 8/31/2013 Coverage Expired 8/31/2012 —Exchange Std CAL - 6,518 Systems Management CIVIL - 6,518 Windows CAL - 6,518 SQL Server Enterprise 1 Proc 10 - VSProwMSDN ALNG LicSAPk MVL 6 - Windows Server Datacenter 1 Proc 6 - Because the reference prices herein for your initial order for enterprise products and /or additional products take such Credited SA Purchases into account, you agree that no further refund or credit shall be due pursuant to such Credited SA Purchases, and that you shall pay all remaining installment payments (if any) for such Credited SA Purchases pursuant to the agreement(s) under which they were ordered. You agree that you will not transfer the Credited SA Purchases (or the underlying licenses associated with such Credited SA Purchases) to any party during the term of this enrollment. 4. Customer normally would be required to sign a 2011 version of the Agreement and Enrollment, plus either the Online Services Supplemental Terms and Conditions or 2010 Master Agreement. As an accommodation, Microsoft agrees to allow Customer to renew while not meeting these criteria. Notwithstanding anything to the contrary, the Enrollment may not be renewed for an additional term. Prior to the expiration of the Enrollment, Customer will be advised by Microsoft of its renewal options. This Amendment shall automatically terminate upon any termination or expiration of the Enrollment. In addition, Microsoft shall have the right to immediately terminate this Enrollment in the event Customer breaches any obligation in this Amendment. Except for changes made by this Amendment, the Enrollment remains unchanged and in full force and effect. 5. Notwithstanding anything to the contrary in this enrollment, or in the Enterprise Agreement associated herewith, we will invoice your reseller for the 3 -year cost of the enterprise products (and, if applicable, the additional products) licensed pursuant to your initial order under this enrollment in 3 unequal installments, as follows: Microsoft Enterprise Enrollment v6 X SLG EE Amend BD (North Amenca)(English) CTX Page 2 of 3 Product Microsoft Volume Licensing Reference Price Payment 2 Reference Price Payment 3 Reference Price Payment 1 Due Upon 1st Anniversary of Due Upon 2nd Anniversary Due Upon Signing Effective Date of Effective Date Part # Quantity Unit $ Extended $ Unit $ Extended $ Unit $ Extended $ WinPro ALNG UpgrdSAPk MVL wMDOP FQC-03024 Core CAL All Languages Lic/SA Pack MVL User CAL W06-00445 SQLSvrEnt ALNG SA MVL 1 Proc VSProwMSDN ALNG SA MVL Windows Svr Datacntr All Lng SA MVL 1 Proc w csICZ cA 0 Croat detelor1 Yy SharePointSvr ALNG LicSAPk MVL 14 i • 810-03307 77D-00111 P71-00886 H04-00232 5000 62.22 311,100.00 62.22 6518 36.70 239, 210.60 45.89 10 0.00 6 0.00 6 0.00 3 2,255.41 0.00 0.00 0.00 6,766.23 3,147.28 213.92 275.24 2,255.41 311,100.00 299,111.02 31, 472.80 1,283.52 1,651.44 6,766.23 62.22 45.89 5,395.34 366.71 471.84 2,255.41 311,100.00 299,111.02 53, 953.40 2,200.26 2,831.04 6,766.23 Note that the above prices are provided for reference only. Your actual price and payment terms will be determined by separate agreement between you and your reselier. 6. Notwithstanding anything to the contrary, this amendment, and the enrollment, shall be governed by the applicable terms and conditions of the Microsoft Enterprise Agreement # 01E61288, as amended, which are incorporated herein by reference. Except for changes made by this amendment, all terms of this enrollment remain unchanged. By signing below, the parties agree to be bound by the terms of this amendment. Customer Contracting Microsoft Affiliate Name of Entity * City of Fort Worth S ignattire* P rinted Name * P rinted Title * S ignature Date * * indicates required field icrosnsing, GP S ignature P rinted Name P rinted TItIe , s "1 e%ae\6 oe r omP afl S ignature Date (date Microsoft affiliate countersign 2 Effective Date (may be different than our signature date) Please sign this amendment and send it with your enrollment to your reselier. Your reselier must submit it to the following address. When the amendment is fully signed, you will receive a confirming copy. Microsoft Licensing, GP Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada USA 89511-1137 OFFICIAL RE CITY SECRETAlir, Microsoft Ent 1rp -•= .0 ettfl .X .>LG (North Amei-iI�)(r • r . ?y 4. 20t.: P repared By: Steve Hancock Licensing S pecialist on behalf of Kim Fuqua nektnbasQ tz rm.\ by: /72 / hnsoteti Likin J. Kayseri City (i)/ 7tf1 EE Amend CTX Page M&C Review City Council Agenda I III H111111101 Ili FORT if ORTI I III Mill. n 1111111 I In. COUNCIL ACTION: Approved on 1/25/2011 - Ordinance No. 19533-01-2011 DATE: CODE: SUBJECT: 1/25/2011 REFERENCE NO.: C-24704 C TYPE: LOG NAME: NON -CONSENT PUBLIC HEARING: 04MICROSOFT SOFTWARE LICENSES NO Adopt a Supplemental Appropriation Ordinance Increasing Appropriations in the Information Systems Fund in the Amount of $442,389.00 and Decreasing the Unaudited, Unreserved, Undesignated Information Technology Fund Balance by the Same Amount and Authorize Execution of a Contract for Microsoft Software Licenses and Maintenance from Dell Marketing, Inc. Using a State of Texas Department of Information Resources Contract DIR-SDD-1014 for a Cost of $722,389.15 RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a contract for Microsoft licenses and maintenance from Dell Marketing, Inc., using a State of Texas Department contract DIR-SDD-1014 at a cost of $722,389.15; and 2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Information Systems Fund by $422,389.00 and decreasing, unreserved, undesignated fund balance by the same amount. DISCUSSION: On November 6, 2007 (M&C C-22498) the City Council authorized the execution of a contract for Microsoft software licenses and maintenance to allow employees to access computing resources. These licenses are referred to as a Microsoft Client Access License or CAL. This M&C provides for the additional necessary CALs so that the City maintains licensing compliance as well as one year of software maintenance for all CALs. The State of Texas Department of Information Resources (DIR) is authorized to offer the cooperative purchasing programs to state agencies public institutions of higher learning, public school districts and local governments. Pursuant to Government Code Section 791.025, a local government that purchases goods and services under the Interlocal Cooperation Act satisfies otherwise applicable competitive bidding requirements. M/WBE — A waiver of the goal for MWBE subcontracting requirements was requested by the Information Technology Solutions Department and approved by MWBE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. RENEWAL OPTIONS — This agreement may be renewed for up to three additional one-year terms at the City's option This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. http://apps.cfwnet.org/council_ packet/mc_review.asp?ID=14594&councildate=1/25/2011 (1 of 2) [1/26/2011 8:23:04 AM] M&C Review FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon the approval of the above recommendations and adoption of the attached supplemental appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Information Systems Fund. Upon approval the unreserved undesignated cash balance of the Information Systems Fund will exceed the minimum reserve as outlined in the Financial Management Policy Statements. TO Fund/Account/Centers FROM Fund/Account/Centers 2) P168 537100 0043010 $422,389.00 1) P168 537100 0043010 $722,389.15 Submitted for City Manager's Office bv: Karen Montgomery (6222) Originating Department Head: Peter Anderson (8781) Additional Information Contact: Steve Streiffert (2221) ATTACHMENTS 04MICROSOFT SOFTWARE LICENSE AO.doc http://apps.cfwnet.org/councd_packet/mc_review.asp?ID=14594&councildate=1/25/2011 (2 of 2) [1/26/2011 8:23:04 AM]