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HomeMy WebLinkAboutContract 57566 Microsoft CSC No.57566 Microsoft Enterprise Services Work Order (For Microsoft Internal Purposes Only) T000224-368979-455604 Work Order Number TX DIR-CPO-4911 This Work Order consists of the terms and conditions below, and the provisions of the Microsoft Master Services Agreement reference U5228634, effective as of 5/2/2017 (the "Agreement"), the provisions of the Unified Enterprise Support Services Description applicable to the Professional Services identified in this Work Order, and any attachments or exhibits referenced in this Work Order, all of which are incorporated herein by this reference. In this Work Order "Customer," "you," or "your" means the undersigned customer or its affiliate and "Microsoft", "we," "us," or "our" means the undersigned Microsoft affiliate. By signing below the parties acknowledge and agree to be bound to the terms of this Work Order, the Agreement and all other provisions incorporated in them. This Work Order is effective as of the date that Microsoft signs this Work Order. Regardless of any terms and conditions contained in a purchase order, if any, the terms of this Work Order apply. Name of Customer (please print) Name City Of Fort Worth Microsoft Corporation Signature Signature Valerie Washington(May 16,zozz is:zo cor) l ee ay 5,2022 11:12 EDT) Name of person signing (please print) Name of person signing (please print) Valerie Washington Janell Rhee Title of person signing (please pant) Title of person signing (please pant) Assistant City Manager Digital Specialist Signature date Signature date(effectivedate) May 16,2022 May 5,2022 Name of Customer or its Affiliate that executed the Agreement (if different from Customer above) EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) [CP] OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX [Executed effective as of the date signed by the Assistant City Manager below.]/ [ACCEPTED AND AGREED:] City: Microsoft Corporation: By: Valerie Washington(May 16,202215:20 CDT) By: Name: Valerie Washington Name: JaneH Rhee Title: Assistant City Manager Title: Digital Specialist Date: May 16,2022 Date: May 5,2022 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. aa� By: -- Name: Kevin Gunn Title: Director, IT Solutions J� By: Alex Va rghese(May 12,2022 07:28 CDT) Name: Alex Varghese Title: Sr. IT Solutions Manager Approved as to Form and Legality: City Secretary: By: -- Name: Taylor Paris Title: Assistant City Attorney J ette S.Goodall(May 17,2022 07 CDT) By: _ Name: Jannette Goodall EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) [CPI OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Title: City Secretary Contract Authorization: M&C: 22-0363 Approved: May 10,2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) [CP] Page 3 of 9 Name of Customer Contact Name (Receives invoices under this Work Order) City Of Fort Worth Accounts Payable Street Address Contact E-Mail Address IT Solutions Department, ERP-Lower Kathryn.Agee-Dow@fortworthtexas.gov LevelRoom T-105, 200 Texas Street City State/Province Phone Fort Worth Texas 817-392-8461 Country Postal Code Fax United States 76102-6314 1. Support Services and Fees. 1.1.Term. Microsoft Enterprise Support Services will commence on 4/1/2022 (the "Support Commencement Date") and will expire on 3/31/2023 (the "Support Expiration Date"). 2. Description of Services. Please refer to the current Unified Enterprise Support Services Description ("USSD") which will be incorporated by reference and is published by Microsoft from time to time at https://www.microsoft.com/unified-support-services-description. Microsoft may update the support services you purchase under this agreement from time to time, provided that the level of support services you purchase will not materially decrease during the current Term. EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) [CP] Page 4 of 9 Services by Support Location Included Enterprise Advisory Support Hours As-needed Advisory Services Included Enterprise Azure Problem Resolution Hours As- Problem Resolution needed Support Included Enterprise On-demand Assessment On-Demand Assessment Included Enterprise On-Demand Assessment - Setup and On-Demand Assessment Config Service As-needed Remote Included Enterprise On-Demand Education On-Demand Education Included Enterprise Online Support Portal Administrative Included Enterprise Problem Resolution Hours As-needed Problem Resolution Support Included Enterprise Reactive Support Management Service Delivery Management Included Enterprise Service Delivery Management Service Delivery Mana ement Included Enterprise Webcasts As-Needed Webcast Included Reactive Enabled Contacts Problem Resolution Support 116 ea Proactive Credits Proactive Credits Included Service Delivery Management Extended Service Delivery Management 1 ea Onboarding Accelerator - Implementing Microsoft Onboarding Services Intune Features Premium 2.1.Support Services Fees. The items listed in the table above represent the services that Customer has pre-purchased for use during the term of this Work Order, and applicable fees are shown in the table below. Microsoft Support Services are a non-refundable, prepaid service. Microsoft must receive Customer purchase order or payment before Microsoft commences or continues, as applicable, provision of Microsoft Support Services. If 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. EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) [CP] Page 5 of 9 Unified Enterprise Support 2022-23 4/1/2022 $124,556.50 Unified Enterprise Support Add-on 2022-23 4/1/2022 $42,080.00 Subtotal $166,636.50 Flex Allowance ($25,000.00) Software Assurance Benefits * ($12,447.00) Total Fees (excluding taxes) $129,189.50 Software Assurance Benefits * Customer will transfer 9.00 Software Assurance PRS incidents to this support agreement as part of this support package. One Time Payment 4/1/2022 $129,189.50 Total Fees (excluding taxes) $129,189.50 2.2.Support for Microsoft Products Microsoft will provide support for Customer's licensed, commercially released, and generally available Microsoft products, and cloud services subscriptions purchased by Customer or Customer's Affiliate: i) as indicated in Appendix A; and ii) during the Term of this Work Order. Such products and subscriptions exclude those purchased by any party that is not Customer's Affiliate as of the Support Commencement Date. 2.3.Customer Named Contact(s). Any changes to the named contacts should be submitted to Microsoft Contact. Name of Customer Support Service Administrator Alex Var hese Street Address Contact E-Mail Address 1000 Throckmorton Street Alex.Var hese@fortworthtexas. ov City State/Province Phone Fort Worth Texas 817-392-8483 Country Postal Code Fax United States 76102 EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) [CP] Page 6 of 9 3. Use, ownership, rights, and restrictions. 3.1.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. 3.2.Fixes. "Fixes" means Product fixes, modifications, enhancements, or their derivatives, that Microsoft either releases generally (such as service packs), or that Microsoft provides to Customer when performing Professional Services (all support, planning, consulting and other professional services or advice, including any resulting deliverables provided to Customer under this Work Order, to address a specific issue. "Professional Services" means Product support services and Microsoft consulting services provided to Customer under this Work Order. "Professional Services" or "services" does not include Online Services, unless specifically noted. Fixes are licensed according to the license terms applicable to the Product to which those Fixes relate. If the Fixes are not provided for a specific Product, any other use terms Microsoft provides with the Fixes will apply. 3.3.Pre-existing Work. "Pre-existing Work" means any computer code or other written materials developed or otherwise obtained independent of this Work Order. All rights in Pre-existing Work shall remain the sole property of the party providing the Pre- existing Work. Each party may use, reproduce and modify the other party's Pre-existing Work only as needed to perform obligations related to Professional Services. 3.4.Services Deliverables. "Services Deliverables" means any computer code or materials, other than Products or Fixes that Microsoft leaves with Customer at the conclusion of Microsoft's performance of Professional Services. Upon payment in full for the Professional Services, Microsoft grants Customer a non- exclusive, non-transferable perpetual, fully paid-up license to reproduce, use and modify the Services Deliverable, solely in the form delivered to Customer and solely for Customer's internal business purposes, subject to the terms and conditions of this Work Order. EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) [CP] Page 7 of 9 3.5.Affiliates' rights. "Affiliate" means any legal entity that a party owns, that owns a party, or that is under common ownership with a party. "Ownership" means, for purposes of this definition, control of more than a 50% interest in an entity. Customer may sublicense the rights contained in this subsection relating to Services Deliverables to its Affiliates, but Customer's Affiliates may not sublicense these rights and Customer's Affiliates' use must be consistent with the license terms contained in this Work Order. 3.6.Restrictions on use. Customer must not(and must not attempt to) (1) reverse engineer, decompile or disassemble any Product, Fix, or Services Deliverable, (2) install or use non-Microsoft software or technology in any way that would subject Microsoft's intellectual property or technology to obligations beyond those included in this Work Order; or (3) work around any technical limitations in the Products or Services Deliverables or restrictions in Product documentation. Except as expressly permitted in this Work Order, Customer must not (1) separate and run parts of a Product on more than one device, upgrade or downgrade parts of a Product at different times, or transfer parts of a Product separately; or (2) distribute, sublicense, rent, lease, lend, or use any Product, Fix, or Services Deliverable to offer hosting services to a third party. 3.7.Reservation of rights. All rights not expressly granted are reserved to Microsoft. 4. Microsoft Professional Services Data Protection Addendum. The Microsoft Professional Services Data Protection Addendum in effect on the effective date of this Work Order and available on the Volume Licensing Site at https://aka.ms/ProfessionalServicesDPA is incorporated herein by this reference. 5. Microsoft Contact Customer contact for questions and notices about this Work Order. I -Microsoft Contact Name Leslie Foster Phone Contact E-Mail Address v-Ifoster@microsoft.com EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) [CP] Page 8 of 9 Appendix A As of the Support Commencement Date, below is a list of your declared licensing enrollments and agreements for which Microsoft will provide support services as defined within this Work Order. ]gig�21=3 ` . CITY OF FORT WORTH OPEN 03225364ZZS2112 CITY OF FORT WORTH Enterprise 6 75854034 CITY OF FORT WORTH WATER Enterprise 6 48218734 DEPARTMENT FORT WORTH CHAMBER OPEN 0501878OZZC2310 FOUNDATION FORT WORTH CHAMBER OPEN 05018294ZZC2310 FOUNDATION CITY OF FORT WORTH Enterprise 6 90874107 CITY OF FORT WORTH-90874107- Enterprise 6 9006714 COMMERCIAL AZURE FORT WORTH PUBLIC LIBRARY School 3 5264213 EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) [CP] Page 9 of 9 ESWO for City Of Fort Worth 6 Final Audit Report 2022-05-05 Created: 2022-05-05 By: Alejandro Arias Cubero(v-alcube@microsoft.com) Status: Signed Transaction ID: CBJCHBCAABAAORGWh770RmUQ4ugyepOgOz4veMslktYO "ESWO for City Of Fort Worth 6" History Document created by Alejandro Arias Cubero (v-alcube@microsoft.com) 2022-05-05-3:03:06 PM GMT-IP address:201.199.92.190 Document emailed to Janell Rhee (Janell.Rhee@microsoft.com)for signature 2022-05-05-3:06:06 PM GMT Email viewed by Janell Rhee (Janell.Rhee@microsoft.com) 2022-05-05-3:06:28 PM GMT-IP address:40.94.20.126 Document e-signed by Janell Rhee (Janell.Rhee@microsoft.com) Signature Date:2022-05-05-3:12:20 PM GMT-Time Source:server-IP address: 199.168.207.1 Agreement completed. 2022-05-05-3:12:20 PM GMT Dowered by Mm Microsoft Adobe Acrobat Sign Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fo�11 Create New From This MSC DATE: 5/10/2022 REFERENCE**M&C 22- LOG NAME: 13P AMEND MICROSOFT UNIFIED NO.: 0363 SUPPORT ITS ADK CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of Microsoft Enterprises Services Work Order to Provide Unified Enterprise Support Services Using a Cooperative Agreement in the Amount of $129,189.50 for the First Year with Four One-Year Renewals in an Amount of$145,000.00 for the Information Technology Solutions Department RECOMMENDATION: It is recommended that City Council authorize execution of Microsoft Enterprises Services Work Order to provide Unified Enterprise Support Services using cooperative agreement Texas Department of Information Resources DIR-CPO-4911 in the amount of$129,189.50 for the first year, with four one- year renewals in an amount of$145,000.00 for the Information Technology Solutions Department. DISCUSSION: The Information Technology Solutions Department (ITS) began using Microsoft Technical Account Manager (TAM) Premier Services April 1, 2018. Microsoft TAM Premier Services included support account management, support assistance for all Microsoft products, problem resolution support, and premier online services up to a specific number of support hours. This has been renewed annually with Microsoft. Microsoft discontinued TAM services and now offers Unified Enterprise Support Services, which will include unlimited incident support and problem management, extended remote advisory services, and proactive services. Proactive services are assessments and surveys, expert-led solution-specific engagements for well-architected server migration, security, Microsoft Teams, business applications, and analytics. With the enhanced services provided by the Unified Enterprise Support Services agreement, ITS will get dedicated support directly from Microsoft for all Microsoft products, incidents, new rollouts, critical issues, outages, and security patching. The cost for the first year of Unified Enterprise Support Services is $166,636.50 less a flex allowance of$25,000.00 and a software assurance benefits allowance of$12,447.00, for a total cost of $129,189.50. The 2023 support services renewal will include a flex allowance based on the percentage of Microsoft licenses purchased by the City of Fort Worth. However, Microsoft is discontinuing software assurance benefits so that allowance will not be a part of the 2023 renewal. A budgetary projection for the 2023 renewal is approximately$145,000.00. Funding is budgeted in the Consultant and Other Professional Services account of the ITS Platform Technologies General Fund. AGREEMENT TERM: Upon City Council's approval, the term will become effective and expire November 15, 2022. RENEWAL TERMS: Approval of this Mayor& Council Communication includes options to renew Unified Enterprise Support Services annually at a cost of approximately $145,000.00, for four additional one-year terms, with a final expiration date of November 15, 2026. The renewals do not require specific City Council approval as long as sufficient funds have been appropriated. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the General Fund for IT Solutions Department to support the approval of the above recommendation. Prior to an expenditure being made, the IT Solutions Department has the responsibility to validate the availability of funds. BQN\\ TO _ mount Fund Department Account Project Program Activity Budget Reference# A ID ID I YeaChartfield 2)T FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I ID Year (Chartfield 2) Submitted for City Manager's Office by_ Reginald Zeno (8517) Valerie Washington (6192) Originating Department Head: Anthony Rousseau (8338) —g g—p Kevin Gunn (2015) Additional Information Contact: Cynthia Garcia (8525) Ashley Kadva (2047) ATTACHMENTS 13P AMEND MICROSOFT UNIFIED SUPPORT ITS ADK.docx (CFW Internal) FID Table Microsoft Unified Enterprise.xlsx (CFW Internal) SAMs.PNG (CFW Internal)