R12-137 If
1 RESOLUTION NO. R12 -137
2
3 i A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, APPROVING A THREE YEAR
5 AGREEMENT WITH MICROSOFT CORPORATION FOR
6 LOFTWARE LICENSING THROUGH SOFTWARE HOUSE
7 INTERNATIONAL IN THE ANNUAL AMOUNT OF $269,346.32;
8 AUTHORIZING THE INTERIM CITY MANAGER AND CITY
9 CLERK TO EXECUTE SAID AGREEMENT; AND PROVIDING AN
10 EFFECTIVE DATE.
11
12
13 WHEREAS, the City of Boynton Beach is currently using several core Microsoft
14 products for which mainstream support has already ended and extended support will be
15 ending soon; and
16 WHEREAS, in order to provide the City with a supportable infrastructure and avoid
17 support issues with its core software the upgrade to new Microsoft software and the
18 decommissioning of the currently used software is necessary; and
19 WHEREAS, the City Commission of the City of Boynton Beach, upon the
20 recommendation of staff, deems it in the best interest of the citizens and residents of the City
21 of Boynton Beach to approve a three year Agreement between Microsoft Corporation and the
22 City of Boynton Beach for software licensing through Software House International in the
23 annual amount of $269,346.32.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29 Section 2. The City Commission of the City of Boynton Beach hereby approves
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11
1 the three year Agreement between the City of Boynton Beach and Microsoft Corporation for
2 software licensing through Software House International (sole source supplier for Microsoft
3 Software under State Contract number 252- 001 -09 -1) in the annual amount of $269,346.32
4 and authorizes the Interim City Manager and the City Clerk to execute said Agreement, a
5 copy of which is attached hereto as Exhibit "A"
6 Section 3. That this Resolution shall become effective immediately upon passage.
7 PASSED AND ADOPTED this 18 day of December, 2012.
8 CITY OF BOYNTON BEACH, F 3 RIDA
9
10 %LLB/
11 Mayor _W. • .. .eT-j
12
13 1 ■[
14 Vice Mayor — Mack McCray
15 2
16 /k� t 0
1 7 C6mmis • : - , —
18
19
20 Com Tone ► - Steven Ho an
21
22 6.,44/06 4,‘
23 Comm loner —
24 ATTEST:
25
26
27 er. _
28 il a i F M. Prainito, MMC
29 Clerk
30
31 G
32
33 (1 `ry. a %eat)
34
ON
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op IV
P la -13
Document Revision Authorization
By signing below, you agree to allow the SHI Microsoft Contracts audit team to make necessary changes
and minor revisions to your Microsoft Enrollment including, but not limited to:
• Correcting typographical errors
• Adding /changing enrollment numbers
• Adding /changing amendment numbers
Additionally, you acknowledge and consent that:
• You will be notified of any change the SHI Microsoft Contracts team makes while submitting your
Enrollment to Microsoft.
• No alteration by the SHI Microsoft Contracts team will alter your terms and /or pricing for your
Enrollment.
Customer Name
City of Boynton Beach
Customer Rep sentative ignature
Customer Printed Name and Title
Lori LaVernere, Interim City Manager
Date
Microsoft Volume Licensing
Program Signature Form
MBA/MBSA number UO275474 SGN-
Agreement number 01E73214
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
R" • S } g a. � `e ! 4 t
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
Contract Document Number or Code
<Choose Agreement> Document Number orrIpde
< Choose Agreement> Document Number or free
<Choose Agreement> Document Number or Code
<Choose Agreement> Document Number or cede
<Choose Agreement> Document Number or_Code
Enterprise Enrollment X20 -02113
<Choose Enrollment/Registration> Document Number or Code
<Choose Enrollment/Registration> Document Number or Code
<Choose Enrollment/Registration> Document Number or Code
<Choose Enrollment/Registration> 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
ProgramSignForm( MSSign)( NA ,LatAm)ExBRA,MLI(ENG)(Oct2o11)
Page 1 of 2
Customer Microsoft Affiliate
Name of Entity (must be legal entity name)* Microsoft Licensing, GP
City of Boynton Beach
Signature* Signature
Printed First and Last Name* Lon LaVerrlere Printed First and Last Name
Printed Title* Interim City Manager Printed Title
Signature Date* Signature Date
(date Microsoft Affiliate countersigns)
Effective Date
Tax ID
(may be different than Microsoft's signature date)
* indicates required field
Optional 2 Customer signature or Outsourcer signature (if applicable)
Customer Outsourcer
Name of Entity (must be legal entity name)* Name of Entity ( le legal entity name)*
Signature* Signature*
Printed First and Last Name* Printed First and Last Name*
Printed Title* Printed Title*
Signature Date* Signature Date*
If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments,
include the appropriate form(s) with this signature form If no media form is included, no physical media
will be sent
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 Licensing, GP
Dept 551, Volume Licensing
6100 Neil Road, Suite 210
Reno, Nevada 89511 -1137
USA
Prepared By:
ProgramSignForm( MSSign)( NA ,LatAm)ExBRA,MLI(ENG)(Oct2011) Page 2 of 2
Enterprise Enrollment — Custom State and Local
Enterprise Enrollment number UO275474 Proposal ID K451
(Microsoft to complete)
Previous Enrollment number 01E61767 Earliest expiring previous
(Reseller to complete) Enrollment end date
This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature
form as of the effective date. Enrollment 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 latertriterprise Agreement
All terms used but not defined are located at http / /www microsoft.comilicenAgicontracts. 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 If renewing Software Assurahce,,te Reseller will need to insert the
previous enrollment or agreement number and end date in the respective boxes above
Term. This Enrollment will expire on the last day of the month, 36 full calendar months from the effective
date unless otherwise renewed Any reference in this Enrollment to "day" will be a calendar day
Product order. The Reseller will provide Enrolled Affiliate with Enrolled Affiliate's Product pricing and
order. Prices and billing terms for all Products ordered will be determined by agreement between Enrolled
Affiliate and the Reseller The Reseller will provide Microsoft with the order separately from this
Enrollment
Prior Enrollment(s). If renewing Software Assurance or Subscription Licenses from another Enrollment
or agreement, the previous Enrollment or agreement number and end date must be identified in the
respective boxes above If renewing from multiple Enrollments or agreements, or transferring Software
Assurance or MSDN details, the Previous Agreement /Enrollment form must be used
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 List and chosen by Enrolled
Affiliate under this Enrollment
EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 1 of 14
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"Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the
Product List 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 List and chosen by Enrolled Affiliate under this Enrollment Enterprise Products
may only 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
"Industry Device" (also known as line of business device) means any device that (1) is not useable in its
deployed configuration as a general purpose personal computing device (such as a personal computer),
a multi - function server, or a commercially viable substitute for one of these systems, and (2) only employs
an industry or task - specific software program (e g a computer -aided design program used by an architect
or a point of sale program) ( "Industry Program ") The device may include features and functions derived
from Microsoft software or third -party software If the device performs desktop functions (such as email,
word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal
finance), then the desktop functions (1) may only be used for the purpose of supporting the Industry
Program functionality, and (2) must be technically integrated with the Industry Program or employ
technically enforced policies or architecture to operate only when used with the Industry Program
functionality
"Qualified Device" means any personal desktop computer, portable computer, workstation, or similar
device that is used by or for the benefit of Enrolled Affiliate's Enterprise. It does not include (1) any
computer that is designated as a server and not used as a personal computer, (2) any Industry Device,
(3) any device running an embedded operating system (e g., Windows Phone 7) that does not access a
virtual desktop infrastruct " : ' (4) any device that is not managed and /or contra per directly or
indirectly by Enrolled s Enterprise, Enrolled Affiliate may include as a Q" ;g Device any
device which would be excluded above (e g., Industry Device).
"Qualified User" means a person (e g., employee, consultant, contingent off) who: (1) is a user of a
Qualified Device, or (2) accesses any server software requiring an *trise 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 List
"Reserved License" means for an Online Service identified as eligible for true -ups in the Product List, the
License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service
available for activation
"Transition" means the conversion of one or more License to or from another License(s) Products
eligible for Transition and permitted Transitions are identified in the Product List
"Transition Period" means the time between the Transition and the next Enrollment anniversary date for
which the Transition is reported
2. Purpose.
This Enrollment enables Enrolled Affiliate's Enterprise to obtain, or subscribe to, Licenses for Enterprise
Products, Enterprise Online Services, and Additional Products Enrolled Affiliate may choose between
on- premise software and Online Services as well as the ability to transition Licenses to Online Services
while maintaining Enterprise -wide coverage Additionally, Enterprise Online Services may be purchased
without Enterprise -wide coverage
3. Product Use Rights, Qualifying Systems Licenses and Transitions.
In addition to applicable terms of the Enterprise Agreement, the following terms apply to this Enrollment
EA2011EnrGov (US)SLG(ENG)(Ju12011) Page 2 of 14
Document X20 -02113
a. Product Use Rights. For Enterprise Products, if a new Product version has more restrictive
use rights than the version that is current at the start of the applicable initial or renewal term
of the Enrollment, those more restrictive use rights will not apply to the Enrolled Affiliate's use
of that Product during the term
b. Qualifying systems Licenses. The operating system Licenses granted under this program
is upgrade Licenses only Full operating system Licenses are not available under this
program If Enrolled Affiliate selects any Desktop Platform, Windows Desktop Operating
System Upgrade, or Windows Intune, all Qualified Devices on which Enrolled Affiliate expects
to run the Windows Desktop Operating System Upgrade must be licensed to run, and have
installed on them, one of the qualifying operating systems Identified in the Product List Note
that the list of operating systems that qualify for the Windows Desktop Operating System
Upgrade varies with the circumstances of the order That list is more extensive at the time of
the initial order than it is for some subsequent orders and system refreshes during the term of
this Enrollment. Exclusions are subject to change when new versions of Windows are
released
For example. The following are not considered qualifying operating systems (1) ANY
Windows Home or Starter edition, (2) Embedded Systems, and (3) Linux These are
examples of exclusions only and may change Please see Product List for all current
qualifying operating systems
c. Transitions. The following requirements apply to Transitions
(i) Licenses with active Software Assurance or Subscription LiCarises may be Transitioned
at any time if permitted in the Product List While Enrolled rate may Transition any
time, it will not be able to reduce Licenses or associated So re Assurance prior to the
end of the Traiflslion Period
(ii) If a Trah ition is made back to a License that had active So rare Asatibliboe as of the
date of Transition, then Software Assurance will need to be re- ordered for all such
Licenses on a prospective basis following the Transition Period. Software Assurance
coverage may not exceed the quantity of perpetual" Licenses for which Software
Assurance was current at the time of any prior Transition. Software Assurance may not
be applied to Licenses transferred by Enrolled Affiliate
(iii) If a device -based License is Transitioned to a user -based License, all users of the device
must be licensed as part of the Transition
(iv) If a user - based License is Transitioned to a device -based License, all devices accessed
by the user must be licensed as part of the Transition.
d. Effect of Transition on Licenses. Transition will not affect Enrolled Affiliate's rights in
perpetual Licenses paid in full
(i) New version rights will be granted for perpetual Licenses covered by Software Assurance
up to the end of the Transition Period
(ii) For L &SA not paid in full at the end of the Transition Period, Enrolled Affiliate will have
perpetual Licenses for a proportional amount equal to the total of installments paid versus
total amounts due (paid and payable) for the Transitioned Product
(iii) For L &SA not paid in full or granted a perpetual License in accordance with the above or
Subscription Licenses, all rights to Transitioned Licenses cease at the end of the
Transition Period
4. Pricing.
a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all
Products ordered under this Enrollment are subject to Section 2(e)(i) of the Enterprise
EA2011EnrGov (US)SLG(ENG)(Ju12011) Page 3 of 14
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Agreement, as amended, throughout the term of the Enrollment Price Level's will be
captured in the Product Selection Form
b. Setting Prices. Enrolled Affiliate's prices for each Product will be established by its Reseller
Microsoft's prices for Resellers are fixed throughout the Enrollment term based upon current
prices at the time of the initial order for the Product This includes the following
(i) Any future pricing (if applicable), and
(ii) Prices for Transitions, including any prices related to the use of a Product during the
Transition Period Of applicable)
5. Order requirements.
a. Minimum Order Requirements. Except as may be otherwise agreed to in writing, Enrolled
Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices.
(i) Initial Order. Initial order must include at least 250 Licenses from one of the four groups
outlined in the Product Selection Form
(ii) If choosing Enterprise Products. If choosing Enterprise Products in a specific group
outlined in the Product Selection Form, Enrolled Affiliate's initial order must include an
Enterprise -wide selection of one or more Enterprise Products or a mix of Enterprise
Products and corresponding Enterprise Online Services for that group.
(iii) Additional Products. Upon satisfying the minimum order=rrements above, Enrolled
Affiliate may order Additional Products.
(iv) Country of U thiage. Enrolled Affiliate must specify the countries w Licenses will be
used on its initial order and on any additional orders.
b. Adding Products.
(i) Adding new Products not previously ordered. Ertroired Affiliate may add new
Enterprise Products by entering into a new Enrollmelif or as part of a renewal New
Enterprise Online Services may be added by contacting a 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 must be included in the next true -up order Enrolled Affiliate must Licenses for
Online Services prior to use, unless the Online Services are (1) identified as eligible for
true -up in the Product List or (2) included as part of other Licenses (e g , Enterprise CAL).
c. True -up orders. Enrolled Affiliate must submit an annual true -up order that accounts for
changes since the initial order or last true -up order, including (1) any increase in Licenses,
including any increase in Qualified Devices or Qualified Users and Reserved Licenses, (2)
Transitions Of permitted), or (3) Subscription License quantity reductions (if permitted)
Microsoft, at its discretion and as permitted by applicable law, may validate the customer
true -up data submitted through a formal product deployment assessment, using an approved
Software Asset Management ('SAM') Partner
The true -up order must be received by Microsoft between 60 and 30 days prior to the
Enrollment anniversary date The third -year anniversary true -up order is due within 30 days
prior to the Expiration Date Enrolled Affiliate may true -up more often than at each
Enrollment anniversary date except for Subscription License reductions
(i) Enterprise Products. Enrolled Affiliate must determine the current number of Qualified
Devices and Qualified Users Of ordering user -based Licenses) and order the License
difference (if any), including any Enterprise Online Services
EA2011EnrGov (US)SLG(ENG)(Ju12011) Page 4 of 14
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(ii) Additional Products. For Products which have been previously ordered, Enrolled
Affiliate must determine the Additional Products used and order the License difference Of
any)
(iii) Online Services. For Online Services identified as eligible for true -up orders in the
Product List, Enrolled Affiliate must first reserve the additional Licenses prior to use
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 for the
prior year based upon the month in which they were reserved
(iv) Late true - order. If the true -up order is not received when due
1) Microsoft will invoice Reseller for all Reserved Licenses not previously ordered
2) Transitions and Subscription License reductions cannot be reported until the
following Enrollment anniversary date (or at Enrollment renewal, as applicable)
(v) Transitions. Enrolled Affiliate must report all Transitions Transitions may result in an
increase in Licenses to be included on the true -up order and a reduction of Licenses for
prior orders Reductions in Licenses will be effective at end of the Transition Period
Associated invoices will also reflect this change
(vi) Subscription License Reductions. Enrolled Affiliate may reduce the quantity of
Subscription Licenses on a prospective basis if permitted in the Product List as follows
1) For Subscription Licenses part of an Enterprise -wide commitment, Licenses may be
reduced if the total quantity of Licenses and Software Meilurance for an applicable
group meets or exceeds the quantity of Qualified De I ' „ ' 4dentified on the Product
Selection Fm1. Step -up Licenses do not count towards this total hunt.
2) For ntterprise Online Services not a part of )3 n Ent rpris
' ' commitment,
Licenses can be reduced as long as the initial Oder minimum 'retirements are
maintained
3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may
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
(vii)Update statement. An update statement must be submitted instead of a true -up order if,
as of the initial order or last true -up order, Enrolled Affiliate's Enterprise has not. (1)
changed the number of Qualified Devices and Qualified Users licensed with Enterprise
Products or Enterprise Online Services, and (2) increased its usage of Additional
Products This update statement must be signed by Enrolled Affiliate's authorized
representative The update statement must be received by Microsoft between 60 and 30
days prior to the Enrollment anniversary date The last update statement is due at least
30 days prior to the Expiration Date
d. Step - Licenses. For Licenses eligible for a step -up under this Enrollment, Enrolled
Affiliate may step -up to a higher edition or suite as follows
(i) 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
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(iii) If Enrolled Affiliate has previously ordered an Online Service as an Additional Product
and wants to step -up to an Enterprise Online Service eligible for a Transition, the step -up
may be reported as a Transition
(iv) If Enrolled Affiliate Transitions a License, it may be able to further step -up the
Transitioned License If Enrolled Affiliate chooses to step -up and the step -up License is
separately eligible to be Transitioned, such step -up Licenses may result in a License
reduction at the Enrollment anniversary date following the step -up
6. 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 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
7. 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, Enrolled Affiliate can t 11ew Products by renewing
the Enrollment WOO additional 36 full calendar month term of `s1gni Enrollment
Microsoft meet redeive a Product Selection Form and renewal old= =`to or at the
Expiration bate The renewal term will start on the day fotloteing the "` 'ration Date
Microsoft will not unreasonably reject any renewal Micrdsoft may make a change to this
program that will make it necessary for Customer and its Enrolled Affiliates to enter into new
Agreements and Enrollments
c. If Enrolled Affiliate elects not to renew.
(1) 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 L &SA.
(ii) Online Services eligible for an Extended Term. For Online Services identified as
eligible for an Extended Term in the Product List, 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, Government Partner 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 has opted for the Extended
Term and later determines not to continue with the Extended Term, Government
Partner must submit a notice of cancellation for each Online Service Cancellation
will be effective at the end of the month following 30 days after Microsoft has
received the notice
(iii) Online Services not eligible for an Extended Term. If Online Services are not
identified as eligible for an Extended Term in the Product List, the Licenses will be
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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
Microsoft may request written certification to verify compliance
(iv) Customer Data. Upon expiration or termination of a License for Online Services,
Enrolled Affiliate must tell Microsoft whether to
1) disable its account and then delete its Customer Data ( "Data Deletion "), or
2) retain its Customer Data in a limited function account for at least 90 days after
expiration or termination of the License for such Online Service (the "Retention
Period ") so that Enrolled Affiliate may extract its Customer Data
3) If Enrolled Affiliate indicates Data Deletion, Enrolled Affiliate will not be able to extract
its Customer Data If Enrolled Affiliate indicates it wants a Retention Period, Enrolled
Affiliate will be able to extract its Customer Data through Microsoft's standard
processes and tools, and Enrolled Affiliate will reimburse Microsoft if there are any
applicable costs to the extent allowed by applicable law If Enrolled Affiliate does not
indicate either Data Deletion or a Retention Period, Microsoft will retain Enrolled
Affiliate's Customer Data in accordance with the Retention Period
4) Following the expiration of the Retention Period, Microsoft will disable Enrolled
Affiliate's account and then delete Its Customer Data
5) Enrolled Affiliate agrees that, other than as described above, Microsoft has no
obligation to continue to hold, export or return Enroiled Affliiate's Customer Data
Enrolled Affiliate agrees Microsoft has no liability whatSo for deletion of Enrolled
Affiliate's Cutomer Data pursuant to these terms.
d. Termination
(I) termination for cause. Either party to an Enrollment may terminate it if the
other party materially breaches its obligations under this agreement, including
any obligation to submit orders or pay invoices (eVen if such non - payment is
caused by non - appropriation of funds). Exceppmhetie the breach is by its nature
not curable within 30 days, the terminating party must give the other party 30
days notice and opportunity to cure
(ii) The parties acknowledge and agree that the State of Florida's performance and
obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature In the event funds are not appropriated by the
Legislature, the State of Florida will provide 30 days written notice to Microsoft of
such non - appropriation and intent to terminate any applicable Enrollments (iii)
(iii) Early termination.
If (1) an Enrolled Affiliate terminates its Enrollment as a result of a breach by Microsoft, or
(2) if Microsoft terminates an Enrollment because the Enrolled Affiliate has ceased to be
an Affiliate of Customer, or (3) Enrolled Affiliate terminates an Enrollment for non -
appropriation of funds, or (4) Microsoft terminate an Enrollment for non - payment due to
non - appropriation of funds, then the Enrolled Affiliate will have the following options
■ It may immediately pay the total remaining amount due, including all Installments, in which
case, the Enrolled Affiliate will have perpetual rights for all Licenses it has ordered, or
• It may pay only amounts due as of the termination date, in which case the Enrolled
Affiliate will have perpetual Licenses for
1) all copies of Products (including the latest version of Products ordered under SA coverage in
the current term) for which payment has been made in full, and
2) the number of copies of Products it has ordered (including the latest version of Products
ordered under Software Assurance coverage in current term) that is proportional to the total of
EA2011EnrGov (US)SLG(ENG)(Ju12011) Page 7 of 14
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installment payments paid versus total amounts due (paid and payable) if the early termination
had not occurred
Nothing in this section shall affect perpetual License rights acquired either in a separate agreement or in
a prior term of the terminated Enrollment
(iv) Effect of termination or expiration. When an Enrollment expires or is
terminated,
• Enrolled Affiliate must order Licenses for all copies of Products it has run for
which it has not previously submitted an order Any and all unpaid payments or
any order of any kind, Including subscription services, remain due and payable
Except as provided in the subsection titled "Early termination," all unpaid
payments for Licenses immediately become due and payable
• Enrolled Affiliate's right to Software Assurance benefits under this agreement
ends if it does not renew Software Assurance
(v) Modification or termination of an Online Service for regulatory reasons.
Microsoft may modify or terminate an Online Service where there is any current
or future government requirement or obligation that (1) subjects Microsoft to any
regulation or requirement not generally applicable to businesses operating there,
(2) presents a hardship for Microsoft to continue operating the Online Service
without modification, and /or (3) causes Microsoft to believe these terms or the
Online Service may be in conflict with any such requirement or obligation For
example, Microsoft may modify or terminate an Online Service in connection with
a government requirement that would cause MicrOSOft to be regulated as a
telecommunications provider
(vi) End ,, Agreement Program updates. MicroSe t may eke a change to
thl Program that will make it necessary for Customer and its "' led Affiliates to
enter into new agreements and Enrollmenta;For Sul cription Wenses, in the
event of a breach by Microsoft, Microsoft will issue Reseller a credit for any
amount paid in advance that would apply after the dffie of termination.
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Enrollment Details
1. Enrolled Affiliate's Enterprise.
Identify which Affiliates are included in the Enterprise Check only one box in this section
® Enrolled Affiliate
❑ Enrolled Affiliate and the following Affiliate(s)
❑ Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded
f
Please indicate whether the Enrolled Affiliate's Enterprise will include all new Affiliates **iced after the
start of this Enrollment: Include future Affiliates
2. 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
h#gsJ /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
Name of entity (must be legal entity name)* City of Boynton Beach
Contact name* First Last
Contact email address*
Street address*
City* State /Province* FL
Postal code* -
(For U S addresses, please provide the zip + 4, e g xxxxx - xxxx)
Country* USA
Phone* Fax
Tax ID
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
EA2011EnrGov (US)SLG(ENG)(Ju12011) Page 9 of 14
Document X20 -02113
grant online access to others, and (3) is authorized for applicable Online Services to add or
reassign Licenses, step -up, and initiate Transitions prior to a true -up order
® Same as primary contact
Name of entity*
Contact name* First Last
Contact email address*
Street address*
City* State /Province*
Postal code* -
(For U S addresses, please provide the zip + 4, e g xxxxx - )xxx)
Country*
Phone* Fax
Language preference. Choose the language for notices English
❑ This contact is a third party (not the Enrolled Affiliate) Warning This contact receives
personally identifiable information of the Customer and its Affiliates
c. Microsoft Account Manager. Microsoft Account Manager for this Enrolled Affiliate is
Microsoft account manager name:
Microsoft account manager email address:
d. Media delivery contact (DO NOT COMPLETE IF ATTACHING MEDIA ELECTION FORM).
This is the contact at the ship to /electronic delivery address
® Same as notices contact and Online Administrator
Name of entity*
Contact nant#,' Iltit" t* Last*
Contact eniall address (required for online access)*
Street address (no PO boxes accepted)*
City* State /Province*
Postal code* -
(For U S addresses, please provide the zip + 4, e.g. x)oxxx x000c)
Country*
Phone* Fax
e. Online Services Manager. This contact is authorized to manage the Online Services
ordered under the Enrollment and (for applicable Online Services) to add or reassign
Licenses, step -up, and initiate Transitions prior to a true -up order
® Same as notices contact and Online Administrator
Name of entity*
Contact name *: First Last
Contact email address*
Street address*
City* State /Province* Postal code*
Country*
Phone* Fax
❑ This contact is from a third party organization (not the entity) Warning This contact
receives personally identifiable information of the entity
f. 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 State /Province* NJ Postal code* 08873
Country* USA
Contact name* Daniel Bellinger
EA2011EnrGov (US)SLG(ENG)(Ju12011) Page 10 of 14
Document X20 -02113
Phone* 813 - 340 -5677 Fax
Contact email address* daniel_bellinger @shi com
The undersigned confirms that the information is correct
Name of Reseller* SHI International
Signature*
Printed name*
Printed title* Microsoft Contracts Specialist
Date*
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
g. 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
• Additional notices contact
• Software Assurance manager
• Subscriptions tanager
• Customer ' tt - Manager (CSM) contact
3. Financing elections.
Is a purchase under this Enrollment being financed through MS Financing? in Yes, ® No
EA2011EnrGov (US)SLG(ENG)(Ju12011) Page 11 of 14
Document X20 -02113
Enterprise and Enterprise Subscription Enrollment
Product Selection Form — Amendment ID CTM - SplitCC
The following Amendment replaces the standard Enterprise and Enterprise Subscription
Enrollment Product Selection Form and Amends the "Order Requirements" Section of the
Enrollment
This Amendment enables the Enrolled Affiliate the ability to meet the initial Enrollment Order
requirements with Products other than Enterprise Products and Enterprise Online Services
Products, These Products are captured under the Platform Option of "Enterprise Product
Components" specified in Step 1 below Enrolled Affiliate may select "Enterprise Product
Components" for all Qualified Users /Devices without the requirement of also having Enterprise
Products or Enterprise Online Services specified on this Amendment
Step 1. Please indicate whether Enrolled Affiliate is ordering Enterprise Products or Enterprise
Online Services on the initial enrollment order. Choose both if applicable.
❑ Enterprise Products. Choose platform option Professional Desktop
Qualified Devices: 765 Qualified Users: 700
❑ Enterprise Online Services
Step 2. Select the Produptiviand Quantities Enrolled Affiliate is ordering on it ttial Enrollment
Order. Quantity;rnai not include any Licenses which Enrolled Affiliate has _ for optional
future use or to which it is transitioning or stepping up within erOirrienOenti. 4: E;Cts for which
the Enrolled Affiliate has an option to transition or step -up should be,1 -ted in Step 3.
P roducts Quantity
Office Pro Plus 765
Office Pro Plus for Office 365
Office Standard
Office 365 Plans
Office 365 Plan El
Office 365 Plan E2
Office 365 Plan E3
Office 365 Plan E4
EA2011EnrGov (US)SLG(ENG)(Ju12011) Page 12 of 14
Document X20 -02113
Products Quantity
C' - 11t Mows 1I °K , ), * ooh . , ; , . a r > , ` er w 4 re • AL
❑ Core CAL, including Bridge CAL's (if applicable)
Core CAL 700
Core CAL Bridge for Office 365
Core CAL Bridge for Windows Intune
Core CAL Bridge for Office 365 and Windows Intune
❑ Enterprise CAL (ECAL)
ECAL
ECAL Bridge for Office 365
ECAL Bridge for Windows Intune
ECAL Bridge for Office 365 and Windows Intune
The Client Access License selection must be the same across the Enterprise Specify whether
licensing CALper Device or User User
!; . dose 1 or mutter COttitl t
❑ Windows CAL
❑ Exchange Standard CAL
❑ SharePoint Standard CAL
❑ Lync Server Standard CAL
❑ System Center Configuration Manager Client ML
❑ Forefront End Point Protection
❑ Windows Remote Desktop Services CAL
❑ Exch 1 nterprise CAL
❑ �_ nterprise CAL
v rver Enterer se CAL
System Center Cliert.Management Suite ML
❑ Forefront Protection Suite
❑ Forefront Unified Access Gateway CAL da
The Client Access License selection must be the same scrota th e Enterprise Specify whether
licensing CAL per Device or User User
Windows Desktop
Windows OS Upgrade 765
Windows VDA
Windows Intune
Windows Intune
Windows Intune Add -on'
Other Enterprise Products
Microsoft Desktop Optimization Pack (MDOP)
If selecting Windows Desktop or Windows Intune option, Enrolled Affiliate acknowledges
the following:
a. The Windows Desktop Operating System Upgrade licenses offered through this Enrollment
are not full licenses. The Enrolled Affiliate and any included Affiliates have qualifying
operating system licenses for all devices on which the Windows Desktop Operating System
Upgrade or Windows Intune licenses are run
b. In order to use a third party to renege the Windows Operating System Upgrade, Enrolled
Affiliate must certify that Enrolled Affiliate has acquired qualifying operating system licenses
See the Product List for details
Step 3. Indicate new Enterprise Products and Online Services Enrolled Affiliate has selected for
optional future use where not selected on the initial enrollment order (above):
EA2011EnrGov (US)SLG(ENG)(Ju12011) Page 13 of 14
Document X20 -02113
Products'
• Office Pro Plus for Office 365
❑ Office 365 (Plan El)
❑ Office 365 (Plan E2)
❑ Office 365 (Plan E3)
❑ Office 365 (Plan E4)
❑ Enterprise CAL (ECAL) Step -up, including Bridge CALs
❑ Windows Intune
❑ Windows Intune Add -on'
Step 4. Establish the Enrolled Affiliate's Price Level. Enrolled Affiliate must first count the quantity of
Software Assurance and Licenses in each of the groups as described below by using the
quantities entered in the above table 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 "D" throughout the term of the Enrollment
Do not include Bridge CALs, as License quantities are determined by the corresponding
Enterprise Online Service(s).
Price rice
Products Group Qty from above Qty Level
Office Professional Plus + Office 250 and
Professional Plus for Office 365 + 1 765 Above D
Office 365 (Plans E2 —E4)
Client Access License +
Office 365 (Plans E1 ),+ Enterprise 2 700
Produce « eats
Client Ace - -} ' =rise + Windows
Intune Add -on + Windows lntune + 3 700
Enterprise Product Components
Windows Desktop Upgrade + 4 765
Windows VDA + Windows lntune
Prcduct Offering /Pool Price
Level
Enterprise Products and Enterprise Online Services: Set price level using the D
_ highest quantity from Groups 1 through 4
_Additional Product Application Pool: Set price level using quantity from Group 1 D
Additional Product Server Pool: Set price level using the highest quantity from D
Group 2 or 3
Additional Product Systems Pool: Set price level using quantity from Group 4 D
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
2 Additional Products may be included on the order, but are not selected on this form
3 Windows lntune Add -on requires purchase of Windows OS Upgrade or Windows VDA
4 MDOP requires purchase of Windows OS Upgrade, Windows VDA, or Windows Intune
k t 1‘04, .'
r ,1
EA2011EnrGov (US)SLG(ENG)(Ju12011) Page 14 of 14
Document X20 -02113
� I- ft My MYCIU ft .r a aA.- ., r,` i :,r,. +. s•t3
PrRttltrat ` ionic - M r* . • (. dt SCAUtlUt83 '" '00011
., ACCotnt
i01 =• 11, lrrry N nacrm .
Welcome to SHI's web site for Florida Government and Academic State Contract
Information and Pricing. SHI is the Florida Department of Management Services chosen
sole source supplier for Microsoft Software under State Contract number 252- 001 -09 -1.
SHI is also the sole source provider of Adobe, Oracle, Symantec, McAfee, Corel, and
Trend Micro under State Contract 252 - 030 -09 -ACS. SHI can also provide IT Services
under State Contract 973 - 561 -10 -1.
As one of the world's largest Resellers SH1 provides not only Software but Hardware and
Services as well. SHI is also a Top GSA Contract Reseller, please click the link below for
GSA Pricing and information.
If you would like pricing or product information on any of these or other products, please
contact your State of Florida Account Team at 1- 800 - 543 -0432 of
FloridaTeam@ shi. com.
Thank you for choosing SHI for all of your computer related needs
Microsoft License, Maintenance, & Services / State Term Contracts / State Contracts, Agreements and Price Lists / Vendor Infor... Page 1 of
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Microsoft License, Maintenance, & Services 252-
001-09-1
Effective Period 04/01/2009 through 03/31/2013
Contract Type State Term Contract
• Pricing
Contract Information • Contractors
How to Use this Contract
Frequently Asked Questions
Microsoft Word - (msword 499.50 kB)
Contract Documents PDF - (pdf 1.32 MB)
Amendments and Memorandums
Forms and Other Information
• Lon Alberstadt
Contract Administration • 850 - 488 -4945
• lori .alberstadt@dms,myflorida.cam
Commodity Codes 252 -030 1
Description
This state term contract includes the purchase of Microsoft software licenses, maintenance and services. The
large account reseller (SHI) offers products under the Microsoft Select, Enterprise, Academic Select and SPLA
agreements. Microsoft provides consulting services. Additional services available include software product and
documentation updates and installation.
Benefits
• Discounts of 27.9 percent (Select), 24.6 percent (EA), 23.40 percent (Academic), and 33.33 percent
(Misc.) off of special state level D pricing
• Additional discounts for large quantity orders
• Statewide coverage
• Toll -free access to customer service representatives
• 3 -year maintenance coverage
• Contractor (SHI) will be happy to work with any state or local entity on early renewals of software that
need tc be invoiced prior to fiscal year end. If you have a renewals occurring in the latter part of 2009
but need to be invoiced now, please contact the Florida sales team at 800- 543 -0432.
http: / /www. dms.myf:orida.com/bus mess_ operations /state_purchasing/vendor_ information/ state _contracts_agreements_and _pric.. 11/26/2012
Revised to remove physical servers and add 2 ESX hosts
Pricing Proposal
Quotation #: 6055707
Description: Microsoft Enterprise Agreement 2012(2)
Created On: Nov -26 -2012
Valid Until: Nov -30 -2012
City of Boynton Beach FL
Laurie Gagner
100 East Boynton Beach Blvd
Boynton Beach, FL 33425 -0310
LED STATES
Phone (561) 742 -6079
Fax (561) 742 -6092
Ematl. GagnerLcibbfl.us
All Pnces are in US Dollar(USD)
Product Qty Your Price Total
1 Microsoft Enterprise Desktop Professional Platform - License & software assurance 700 $272 00 5190,400 00
- EA Annual Payment (1 of 3)
Microsoft - Partial A07 -00041
Note: Includes Windows OS Upgrade, Office Pro, and Core CAL (client access
licenses for Windows, Exchange, SharePoint, SCCM, Forefront, and Lync)
2 Microsoft Enterprise Desktop Professional Platform ADDITIONAL WINDOWS OS & 65 5215.00 513,975 00
OFFICE PRO - License & software assurance - EA Annual Payment (1 of 3)
Microsoft - Part# A07 -00041
Note. Includes Windows OS Upgrade, Office Pro
3 Microsoft Office SharePoint Server - License & software assurance - 1 server - EA 1 51,996 00 51,996 00
annual Payment (1 of 3)
Microsoft Part# H04 -00232
4 Microsoft Exchange Server Enterprise Edition - License & software assurance - 1 2 $1,641 20 $3,282 40
server - EA Annual Payment (1 of 3)
M.crosoft - Part# 395 -02412
5 Microsoft MapPomt - License & software assurance -1 PC - EA Annual Payment (1 3 510215 5306 45
cf 3)
Microsoft - Part* B21 -00326
6 Microsoft Visio Standard - License & software assurance - 1 user - EA Annual 42 $89.89 $3,775 38
Payment (1 of 3)
Microsoft - Part# D86 -01175
7 Microsoft Project - License & software assurance - 1 user - EA Annual Payment (1 60 $232 17 513,930 20
of 3)
Microsoft - Part# 076 -01776
8 Microsoft Windows Server Standard Edition - License & software assurance - 2 17 $357 46 56,076 82
processors - Select, Select Plus - All Languages
Microsoft - Part#. P73 -05897
9 Microsoft Windows Server Datacenter Edition - License & software assurance - 2 8 51,948 65 515,589 20
processors - Select, Select Plus - All Languages
Microsoft - Part# P71 -07280
10 Microsoft SQL Server Standard Core Edition - License & software assurance - 2 14 $1,452 69 $20,337 66
cores - EA Annual Payment (1 of 3)
Microsoft - Part# 7NQ -00302
Note: Per Core Model for City and Utilities virtual infrastructure
Total' $269,669 11
Additional Comments
*Please note that SHI now has Adobe, Oracle, Symantec, McAfee, Trend Micro and Corel under State Contract # 252 - 030 -09 -ACS *
To process your order, you can e-mail your request to flondateam @shi.com. You can also fax it to 732 -868 -6055 Please include a
contact e-mail address on all orders, as this is required by most vendors
SHI Fed ID# 22- 3009648
SHI is a Certified Minority (Asian - Pacific) Large Account Readier, specializing in the sale and distnbution of government pnced
software and hardware .including, but not limited to- Microsoft, Symantec, Adobe, Trend Micro, Citrix, Nuance, McAfee, LANDesk,
Intel, Cisco, HP, IBM, VMware and more
Retrieve your quote:
https 1 /www shidirect com /Quotes/Quoteinfo aspx
The Products offered under this proposal are subject to the SH1 Return Policy unless there is an existing agreement between
SHI end the Customer