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HomeMy WebLinkAboutIT14-133 - Amendment - ID #M318 - SoftwareONE, Inc. - Microsoft Enterprise: Yammer Add On - 10/19/2016 i r ��ar j r ri ri/ /r Records M " gem6l �cE 0 T , % '' ' Document i 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: Microsoft Vendor Number: 104164 JD Edwards Number Contract Number: IT14-133 - DOLa This is assigned by City Clerk's Office Project Name: Enterprise Enrollment Volume Licensing - Yammer Add On Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 10/19/2016 Termination Date: 01/31/2017 Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: James Endicott Department: Information Technoloqy Contract Amount: $0 Approval Authority: ® Department Director ❑ Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 EMicrosoftVolume Licensing Amendment to Contract Documents Enterprise Enrollment Yammer for GCC Amendment ID M318 Enrollment Number I- II Microsoft to complete for initial term 7289118 000-jorob-5-1522 Partner to complete for renewal This amendment("Amendment")is entered into between the parties identified on the signature form for the enrollment identified above ("Enrollment"). 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. Defined terms. "Yammer Enterprise" means the multi-tenant service offering, Yammer Enterprise, as described in the Product Terms. 2. Additional Rights to Yammer Enterprise. Customer or Enrolled Affiliate has purchased user subscription licenses ("USLs") under the Enrollment for at least one of the following Office 365 for Government offerings ("Qualifying Office 365-G Suites"). • Office 365 Government E1 (formerly G1) • Office 365 Government E3 (formerly G3) • Office 365 Government E4 (formerly G4) Following its execution of this Amendment, each of Enrolled Affiliate's users assigned to a USE for a Qualifying Office 365-G Suite is entitled to use Yammer Enterprise for the duration of the USL subscription term,at no additional cost,subject to the terms and conditions of this amendment. Enrolled Affiliate may also purchase Yammer Enterprise USLs from its Reseller, for its other users who are not licenses for a Qualifying Office 365-G Suite, by ordering additional Yammer Enterprise USLs at the then-current price for such USLs. Enrolled Affiliate may not assign any Yammer Enterprise USLs provided at no additional cost under this Amendment to any users that are not assigned to a Qualifying Office 365-G Suite. Microsoft's provision of Yammer Enterprise under the Enrollment will be subject solely to the terms of the Enrollment, Agreement, Online Services Terms and Product Terms that are applicable to Yammer Enterprise, except as otherwise provided in this Amendment. Yammer Enterprise is provided in a"public cloud,"not in a"community cloud,"as such terms are defined in NIST Special Publication 800-145. It is neither part of, nor a component of, Office 365 for Government. In the event that Microsoft integrates Yammer Enterprise features or functionality into any Office 365 for Government Online Service, Microsoft makes no representation or warranty that Enrolled Affiliate will be able to migrate its Customer Data from Yammer Enterprise to Office 365 for Government, nor that any such migration (if possible)will be performed by Microsoft at no cost. In order to provide Yammer Enterprise to eligible users of Qualifying Office 365-G Suites at no additional cost as set forth above, Microsoft will invoice Enrolled Affiliate's Reseller for the applicable SKU at$0, for a quantity of Yammer Enterprise not to exceed, in aggregate,the total number of Licenses Enrolled Affiliate has purchased for Office 365-G Suites. Enrolled Affiliate may be required to issue a purchase order to its Reseller for this. AmendmentApp 0.5 M315 g Page 1 of 2 i In the event that Enrolled Affiliate adds more USLs for Qualifying Office 365-G Suites to its Enterprise during the remainder of the Enrollment's term, it may request additional Yammer Enterprise USLs for the users of such Suite USLs,but will not be entitled to any credit or refund for amounts paid for-Yammer Enterprise USLs for any such users before they became licensed for Qualifying Office 365-G Suites. Such addition may require Enrolled Affiliate to execute an additional Amendment, which will be consistent with the terms and conditions of this Amendment. It is the intent of Microsoft that the terms of this amendment, and the provision of Yammer Enterprise at $0 (for the limited purpose set forth above), be in compliance with all applicable federal, state and local laws and regulations. All Products are provided under this Amendment for the sole use and benefit of Enrolled Affiliate for its government functions only, and are not provided for use by or personal benefit of any government employees. This Amendment shall automatically terminate upon any termination or expiration of the Enrollment. In addition, Microsoft shall have the right to immediately terminate this Amendment in the event Customer breaches any obligation in this Amendment. 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 Oni EnrAmend(Yammer for M318 B GCCWVVVV)(ENG)(Ju12015) AmendmentApp v3.5 M318 13 Page 2 of a MicrosoftVolume Licensing i Program Signature Form MBA/MBSA number EEE] 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 Afflliat 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. Contract Document Number or Code <Choose Agreement> <Choose A,preamenk> ------ .. ..,....._—_ .. <Choose AreemenT> —__.,. . ... <Choose Agreenyent> <CInooseA reemergb _...—_ —m. .._.. _ .... ._— —............._ <Choose EnrollmentlRegistrahoh> <Choose EneollmenURegistration>_. - Choose En rollmenURegistration> hoose Enrollment Registration> <C <Choose Enroll enItA istra#ion> �... .... _. Yammer for GCC Amendment M318 728gl 18 ....... ---.......---..... ...,,_,_ _...,._ _ ..._ --- ........� ._. 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 City(' ust be I gap kik name)* City of ent Signatu _ r Printed First and Last Name* Printed Title 'T L Signature Date* Tax ID ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Aug2014) Page 1 of 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 2rd Customer signature or Outsourcer signature(if applicable) 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 ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Aug2014) Page 2 of 2 �d", Yr,rk Date 10/26/2016 City Of Kent Customer No. US-SCU-129114 Attn Accounts Payable PO No. YAMMER Accounts Payable Your Reference Adding Yammer 220 4th Avenue South Kent,WA 98032 Order No. US-SCO-552982 Salesperson Janice Edwards Your Contact Miriam Gonzalez E-Met ornam.gonzalez@soffwareane,com Direct Phone No -52 Invoice US-PSI-531420 Sell to Address Shimpiniq Addrass Licence Address City Of Kent City of Kent City Of Kent Ann Accounts Payable Information Technology All,Accounts Payable 220 4th Avenue South 400 West Gowa Street 220 41h Avenue South Kent,WA 98032 Suile 127 Kent,WA 98032 KENT,WA 98032 Dix.r n Lanyu,t Shup Dote Amount P.a. No. Manufacturer LrcMod 0,,1uval Iz al Veii,on OS Quantity Unit Price Tax as IUSD1 10 A156.10928.AL Ya E [ +eShrill p.Nsar AL ID127/16 -- -- - - Gowmmout Monbtly Subwnptian Add Pred M1cmNCf( IFA ADD G LEV51-D .SUB INON-SPI: ParSpecific 56 ..... ....... ._,,, .......... CD. .Total USD Excl Tax 0Tax Amount 0Total USD Inc,Tax 0 Make checks payable to SoftwareONE,Inc. Payment Terms 30 Days net,11/27/16 Bank Information HSBC-USD,USA-14203 Buffalo,BLZ,Acc.No.:OOD255319 Rtg.No,:021001088,SWIFT.MRMDUS33 Mail Check Payments to:SaOwareone,Inc.,DEPT CH 10768,Palatine,IF 60055-0768 5'OlfWarc0FJ1 nc Suitet Phone RYD-41oAr ) wvow,so$ware,inemm 2.005 Gnarrnds Clyda Waukeshe,'Atl!i31% Fax;262-317 55 sales(0"sofiwareane_mm • Tx) a i rI?oceEF, Tin lop EST FOR LEGAL DEPARTMENT ase Fill in All Applicable Roxe _Reviewed by Director Grigln� Department: Information Technology phoney File Number Explani Reviev. ... ........ Yammer for GCC, Amendment ID M318„ -Add on to current Enterprise Enrollment contract No dollar amount associated with add on Received: (0111 p City Attorney Comments: 1*4 4,.e 4�,,p e�ei�6 Ut'-0 /7 Date Forwarded to Originator: