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Home My WebLink AboutIT14-133 - Amendment - ID #M306 - SoftwareONE, Inc. - Microsoft Enterprise: US Government Community Cloud - 03/25/2016 „ '%/'D/I1''��,/Fe/l i i, „ f, %%/ /lJ /fr aum gemen'tMI, KENT Records M Document W X 5 W I N G Y Q N // //�/�/ CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Software NE (formerly Com uCom S stems,Inc Vendor Number: 1121705 JD Edwards Number Contract Cumber: IT14-133 - 00 This is assigned by City Clerk's Office C Project Name: 2016-2017 Software N MS EA 50 365 Lic Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: Contract Effective Date: 4/7/16 Termination Date: 1/31/17 Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: James Endicott Department: Information Technology Contract Amount: $13,900.48 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Original Contract number is IT14-133 CompuCom Systems Inc. for Microsoft Enterprise Enrollment Volume license Agreement 3years MS Enrollment #7289118 As ors 08/27/14 co 0 OD 00 Lo C7) --T 0 0 0 C\j CO x co M 0) L6 N (D U) U) ca 0 (1) n 0( ) (q 4a x 0 C) co Q) CO 0 co w C111 CN CD LO co Q) co Ol C) C) LO cv vi w 0 LLf 2 oo Z u) 'E arcs71 0 0 cry a) LO r— ca r- c� 0 0 0 > ID CU C: Q) 2 0 co (Dy co ccp -0 C'j 0 0 as U) 0 L? U) co Cq LO 0 M Z5 ca >1 C CO Cf) co -0 a) M LO > CJ < < a) 70 a) — — 4� o < > > 0 a? -- C) 0 C: 0 co 0 Q) L) cA (D = E .4 0co (D n 2 > 0 LL > (D F CL 0 U)z 0 a co -0 -0 z 0 = (1) j) 0 > (1)> 0 -0 CT Q) LU U) C) 0) �D 0 0 0) 0 cr c E LU -�o CO 0 r co CD CO 0 r E 7 a) 0 co co co a Q) F- (D 'p > E _0 0 0 E En s-- Q) cn o c D CD 0 U) U)F- 0 ONE" %F f Software Quote Quoted by Jan Edwards Software One 20875 Crossroads Circle Ste 1 Waukesha Wl 531864093 Phone 406-296-4548 'aniice.edwards softwareone.corn Quoted to: City of Kent Hate 312412'016 MS EA 7289118 Important:Please provide the email address of the recipient designated to receive a Software One "order confirmation" Quantity part# Descri Lion Unit Price Ext. Price EntC loud SuiteGovFromSA ShrdSvr A,LNG 50 AAA-11984 SubsVL MVL PerU'sr $ 253.89 $ 12,694,50 $28.21 per user per month x 9 $ - thru 1/31/2017 $ $ - $ $ - $ Product-total $ 12,694.50 Sub-Total $ 12,694.50 Tax Need to add Sales Tax $ - Shipping No Charge Total $ 12,694.50 Pass-Through Warranty and Other Rights. As a reseller,end-user warranties and liabilities(with respect to any third party software products provided by Software One)shall be provided as a pass-through from the manufacturer of such products. All software products are subject to the license agreement of the applicable software supplier,as provided with the software packaging or in the software at time of shipment.Software One provides no independent warranties,indemnities or liabilities.Public Sector Disclosure:Software One may receive incentive fees for public sector EA transactions. Microsoft Volume Licensing Amendment to Contract Documents Enrollment Number 7239118 fjgt}_smangum-SIaF57 Microsoft to Complete This amendment("Amendment") is entered Into between the parties identified on the attached program signature farm. It amends the Enrollment or Agreement identified above. All terms used but not defined in this Amendment will have the same meanings provided in that Enrollment or Agreement. Enterprise Enrollment (indirect) S Government Community Cloud Amendment la M306 This amendment("Amendment") is entered into between the parties on the attached program signature form. It amends the Enrollment identified above. All terms used but not defined in this Amendment will have the same meanings provided in the Enrollment. The parties agree that the Enrollment is amended as follows: 1. Section 1 ("Definitions") of the Enrollment is hereby amended by adding the following: "Azure Government Services" means one or more of the services or features Microsoft makes available to Enrolled Affiliate under this Enrollment and identified at http://azure.microsoft.com/en- us/regions/#services,which are Government Community Cloud Services. "Community" means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or(3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer's regulatory requirements. Membership in the Community is ultimately at Microsoft's discretion"which may vary by Government Community Cloud Service. ",Federal Agency" means a bureau, office, agency, department or other entity of the United States Government. "Government" means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity.. ",Government Community Cloud Services"means Microsoft Online Services that are provisioned in Microsoft's multi-tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (MIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms. "State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's state's jurisdiction and geographic boundaries. "Tribal Entity" means a federally-recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe. "Use Rights," means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site. The Use Rights supersede the terms of any end user license agreement(on-screen or otherwise)that AmendmentApp v3.1 M306;M97 B Page 1 of 3 accompanies u Product. The Use Rights for Software are published by Microsoft inthe Product Terms. The Use Rights for Online Services are published in the Online Services Terms. "Volume Licensing Site" means or successor site. 2. The following sentence is added No the end of Section 8(d) of the Enrollment ("Termination for oauee~T An addition, it shall bom breach of this Enrollment if Enrolled Affiliate mr any Affiliate im the Enterprise fails to meet and maintain the conditions of membership in the definition of Community. 3. The following new Section 7is hereby added tm the Enrollment: 7. Government Community Cloud a. Community requirements. Xf Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Son/ivao solely in its capacity as e member of the Community and,for eligible Government Community Cloud Services,for the benefit of end users that are members nf the Community. Use of Government Community Cloud Services by an entity that is not o member of the Community or to provide services to non- Community members is strictly prohibited and could result in termination of Enrolled Affiliate's |ioonae(a) for Government Community Cloud Services without notice, Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non-Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights and this Amendment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-G�vernment Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Gemioeo, notwithstanding anything tothe contrary in the Use Rights: (i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, ae set forth in the Use Rights, will not apply. (iii) Refenanoem to geographic areas in the Use Rights with respect to the location of Customer Data at voot, an set forth in the Use Rights, refer only tothe United States. *. Notwithstanding the Data Pmmoaaaing Terms section of the Online Sen/imoa Terms, Azure Government Services are not subject to the same control standards and frameworks as the Microsoft Azure Core Services. The Microsoft Azure Trust Center domohben the control standards and frameworks with which Azure Government Services comply. Except for changes made by this Amendment,the Enrollment identified above remains unchanged and in full force and effect. If there is a conflict between any provision in this Amendment and any provision in the Enrollment identified above, this Amendment shall control. xmanomeompp0.1 m306;m97 o Page zo�f 3 �=�� N f-� (Indirect) �f\ ��/ /�� _��m��f��~ \u�y��/ Invoice, �~� Quoted^� Price xy�\y��x� /�� i��j�� / ��ce Amendment+ |Fl P�� ' `D0��`°Dl��~ ^^� .".°, Notwithstanding anything to the contrary or in addition to any terms in the Enrollment,the Enrollmentis henebyamnendedto add the following paragraph: The price quoted to Enrolled Affiliate's Reseller is a fixed price based on an estimated order submission date. Microsoft will invoice Enrolled Affiliate's Reseller based on this fixed price quote. If this order is submitted later than the estimated order submission date, Enrolled Affiliate's ReseUervviU be charged for net new Online Services subscriptions for the period during which these services were not provided. Pricing to Enrolled Affiliate is agreed between Enrolled Affiliate and Enrolled Affiliate's Reseller. Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment and any provision in the Enrollment or Agreement identified above, this Amendment shall control. This Amendment must be attached to a signature form to be valid. Microsoft Internal Use Only: ` Amenumnnmppvu1 w306s97 u Page 3mo Microsoft Volume Licensing Program Signature Form MBA/MBSA number 000-smangum-S0657 Agreement number 01 E73529 Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. For the purposes of this form, "Customer" can mean the signing entity, Enrolled Affiliate; Government Partner, Institution,or other party entering into a volume licensing program agreement. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. r w = Nun*er or • e <Choose Agreement> <Choose A..reement> <Choose Agreement> <Choose Agreement> <Choose A reement> <Choose Enrollment/Re istration> <Choose Enrollment/Re istration> <Choose Enrollment/Registration, <Choose Enrollment/Re istration> <Choose EnrollmentfRe istration> Consolidated Amendments CSD 7289118) 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. Customer Name of E ity (m t be legal tit n me)*City of ent Signature Printed First and Last Name* Michael arringto Printed Title Director of Information Technology Signature Date*3/25/16 Tax.ID indicates required field ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Aug2014) Page 1 of 2 Microsoft Microsoft Corporation Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different than Microsoft's signature date) Optional 2nd Customer signature or Outsourcer signature(if applicable) Customer Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* *indicates required field Outsourcer Name of Entity(must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* *indicates required field If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form(s)with this signature form. After this signature form is signed by the Customer,send it and the Contract Documents to Customer's channel partner or Microsoft account manager,who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Corporation Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada 89511-1137 USA ProgramSignFonn(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Aug2014) Page 2 of 2 SCANNED APR 2 5 2016 Invoice Address r FI NA "CE r` "P 11 Dato 04125/2016 City Of Kent Customer No. US-SCU-129114 AUn Accounts Payable PO No. OP Accounts Payable Your Reference -madding ECS 220 4th Avenue South Order No. US-SM500880 Kent,WA 98032 Salesperson Janice Edwards Your Contact Deborah-Maria Yela E-Mail deborah-maria.yelaQsoftwareone.com Direct Phone No. +52 Invoice US-PS1 478359 Sell to Address Ship- Address Licence Address City Of Kent City of Kent City Of Kent Ann Accounts Payable Information Technology Atln Accounts Payable 220 4th Avenue South 400 West Gowe Street 220 4th Avenue South Kent.WA 98032 Suite 122 Kent,WA 98032 KENT.WA 98032 Description Language Ship.Dale Amount PCs. NO. _______ Manufacturar_L'C.Motl_Oise.L_evel Formal__�_V_ersion OS Quantity Unit Price_ VAT Y. __- (USD) 10 A156.27936.AL Enterprise Clcun Suite Gov ShrdSw per User AL 04125116 Government Mocthty Sub560pt10n Microsoft lE.4 GOV LEVEL D SUB NON-SPE Non-Spectfic 50 253.89 9.50= 12.W4.50 Total USD Excl.Tax 12,694.50 Tax Amount 1.205.98 Total USD Incl.Tax 13.900.48 Make checks payable to SoRwareONB,Inc. \V Payment Terms 30 Days net,05/25116 Bank Information HSBC-USD,USA-14203 Buffalo,BLZ,Acc.No.:000255319 Rig.No.:021001088,SWIFT:MRMDUS33 SoftwareONE,Inc. Suite Phone:BOO-444-9890 wvwvsa$wareone.com 2C875 Crossroads Circle Waukesha,Wl 53186 Fax:262-317-5554 salesosoftwareone.com