Loading...
HomeMy WebLinkAboutR-02-1276J-02-1016 12/03/02 RESOLUTION NO. o2-1276 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENTERPRISE SELECT AGREEMENT WITH MICROSOFT CORPORATION, OR ITS CONTRACTING AFFILIATE, FOR MICROSOFT ENTERPRISE PLATFORM PRODUCTS, UNDER AN EXISTING STATE OF FLORIDA CONTRACT NO. 255-001-01-1, FOR A TERM OF THREE YEARS, SUBJECT TO FURTHER EXTENSIONS BY THE STATE OF FLORIDA, AT AN ESTIMATED TOTAL FIRST YEAR COST NOT TO EXCEED $475,000; WITH THE REMAINING YEARS SUBJECT TO COST ADJUSTMENTS BASED UPON THE ADDITION OF NEW PC WORKSTATIONS AND SERVERS; ALLOCATING FUNDS FROM EXISTING CAPITAL IMPROVEMENT PROJECT INCLUDING CAPITAL PROJECTS ACCOUNT NO. 311608, EXISTING GRANTS, VARIOUS DEPARTMENTAL OPERATING BUDGETS, REQUIRING BUDGETARY APPROVAL OF THE FUNDS FROM INDIVIDUAL DEPARTMENTAL ACCOUNTS PRIOR TO USAGE, AND THE LAW ENFORCEMENT TRUST FUND, AS SUCH FUNDS ARE APPROVED BY THE CHIEF OF POLICE AND ARE IN COMPLIANCE WITH THE UNITED STATES DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING". BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is authorized:1 to execute a Microsoft Enterprise Select Agreement with Microsoft Corporation 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. CITY COISSION MEETING OF DEC 1 2 2002 iaesblution No. 02-1276 or its contracting affiliate, for Microsoft enterprise platform products for a term of three years, under an existing State of Florida Contract No. 252-001-01-1, subject to further extensions by the State of Florida, at an estimated total first year cost not to exceed $475,000, with the remaining years subject to cost adjustments based upon the addition of new PC workstations and servers, is approved, with funds allocated from existing Capital Improvement Project including Capital Projects Account No. 311608, existing grants, various departmental operating budgets, requiring budgetary approval of the funds from individual departmental accounts prior to usage, and the Law Enforcement Trust Fund, as such funds are approved by the chief of police and are in compliance with the United States Department of the Treasury's "Guide To Equitable Sharing". Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor .2/ zi If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 3 02-1276 PASSED AND ADOPTED this 12th day of December , 2002. ATTEST: EL A. DIAZ,. PRI CILLA A. THOMPSON CITY CLERK 6735:tr:AS RM AND CORRECTNESS el Page 3 of 3 02-1276 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM _CA -10 The Honorable Mayor and Members TO : of the City Commission DATE : NOV 2 ] 2;,02 FILE SUBJECT: Authorizing Microsoft Enterprise Select Agreement with Microsoft Corp. or FROM: i ez REFERENCES: Contracting Affiliate. City Manag ENCLOSURES: RECOMMENDATION: It is respectfully requested that the City Commission approve the attached resolution authorizing the City Manager to execute an Enterprise Select Agreement for Microsoft enterprise platform products with Microsoft Corp. or its contracting affiliate, for a term of three years, subject to further extensions by the State of Florida, under existing State of Florida Contract No. 255-001-01-1, at an estimated first year cost not to exceed $475,000, with remaining years subject to cost adjustments based on the addition of new PC workstations and servers. Funds will be allocated from existing Capital Projects Account Codes, including Capital Projects Account Code 311608, existing Grants, various Departmental Operating Budgets, requiring budgetary approval of the funds from individual departmental accounts prior to usage, and the Law Enforcement Trust Fund, as such funds are approved by the Chief of Police and are in compliance with the U.S. Department of the Treasury's "Guide to Equitable Sharing". BACKGROUND: The Microsoft Enterprise Select Agreement (EA) is an umbrella software licensing agreement, between Microsoft Corp. or its contracting- affiliate, and the City of Miami, which allows the deployment of the most current versions of Microsoft software products; including but not limited to: Office Suite (Word, Excel, PowerPoint, Access, Outlook, Internet Explorer, Publisher, and Net Meeting), desktop operating system software (Windows 2000, Widows XP and future versions), server operating systems software and applications (e.g., Windows 2000 Server, Windows 2000 Advanced server, SQL, Exchange, etc.) and Client Access Licenses (CALs facilitate desktop interaction with server based software). The Microsoft Enterprise Select Agreement provides volume -pricing benefits with a simpler per unit licensing arrangement The benefits afforded the City of Miami by the Microsoft Enterprise Select Agreement include: 1) reduce overall computing costs by standardizing on the same software versions; 2) improve information sharing and communications across the organization; 3) consistent platform deployment for custom applications; 4) significantly reduce license compliance financial risks; 5) reduce desktop/server maintenance support costs; 6) simplify budgeting process for technology software upgrades by providing consistent annual cost per unit; 7) reduce costs associated with the procurement process, eliminating individual software U2-1276 The Honorable Mayor ar.: .ibers of the City Commission Page 2 acquisitions; 8) protect the City from price increases on the covered products throughout the agreement period; 9) p rovide v olume p ricing o n c overed p roducts; and 10) r educe software support and training costs, by providing standardized environment for all employees. The implementation of a Microsoft Enterprise Select Agreement would serve to reduce the overall costs associated with the City's software infrastructure while at the same time ensuring that the City's workforce has access to the latest advancements in software technology. The Microsoft Enterprise Select Agreement is provided by Microsoft Corp. or its contracting affiliate under the existing State of Florida Contract No. 255-001-01-1. This agreement will be provided at an estimated total first year cost not to exceed $475,000. At the end of each year, a "true up" audit will be performed and the additional appropriate licensing fee will be paid for the additional machines deployed. FISCAL IMPACT: Future funding will need to be provided for within the ooveratine budget of the Information Technology Department and various user departments, with appropriations being approved by Commission for the additional fiscal years. CAG:RJN:ACrS jeo J U4-1 276 Budgetary Impact Analysis 1. Department Division 2. Agenda Item # (f available) 3. Title and brief desc ption of legislation or attach ordinance/resol tion: 4. Is this item related to revenue? NO: YES (If yes, skip to item #7.) 5. Are there sufficient funds in Line Item? YES: -k— Index Code Minor Obj. Code Amount NO: _ Complete the following questions: 6 . Source of3unds: Am unt budgeted in thine Item $ Balance in Line Item $ Amount needed in the Line Item $ Sufficient funds will he transferred frnm the fnllnwina l;nP itPmc- ACTION ACCOUNT NUMBER ACCOUNT NAME TOTAL Index/Minor Object/Project No. Verified by: From $ From $ From $ To $ 7. Any additional comments? 8. Date FOR EPARTMENT OF MANA EMENT AND BUDGET USE ONLY Verified by: Verified by: Transfer done by: Department of Management and Budget Budget Analyst Budget Analyst Director/Designee Date Date Date 02-1276 255-001-01-1 = Principal Technology: Microsoft License, Maintenance. .11, Cervices Page 1 of 1 Principal Tecnnology: Microsoft license, Maintenance, & Services 255-001-01-1 Effective: 02/01/01 through 01/31/04 Certification Software Special Conditions Price Sheet Ordering Instructions Revisions Complete Contract Contractors Microsoft Corporation Software House International http://fcn.state.fl.us/st—contracts/25500 1011/ http://www.niicrosoft.com/ http://www.shi.com/ 02-1276 11/6/2002 Suite 315 CERTIFICATION OF CONTRACT TITLE: Principal Technology: Microsoft Software, Maintenance & Services CONTRACT NO.: 255-001-01-1 BID NO.: Negotiate (Consulting Services) 23-255-001-V (Software) EFFECTIVE: February 8, 2001 through February 7, 2004 SUPERSEDES: New (Consulting Services) 255-001-00-1 (Software) CONTRACTOR(S): Microsoft Corporation (A) (Consulting Services) Software House International (P) (Software) Page 1 of 2 Suite 315 ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER PROBLEMS WHICH MAY ARISE SHALL BE BROUGHT TO THE ATTENTION OF WILLIAM SPENCER A (850) 921-6027, SUNCOM 291-6027, E-MAIL: spenceb@dms.state.fl.us (Rev 30 April 02) A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management Services on January 12, 2001, a contract has been executed between the State of Florida and the designated contractors. B. EFFECT - This contract was entered into to provide economies in the purchase of Software, Maintenance, and Consulting Services by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes. All contract purchase orders shall show the State Purchasing contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) D. CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions. 02-12'76 http://www.myflorida.com/st—contracts/255001 01 1/certification.htm 11/7/2002 Suite 315 Page 2 of 2 F. CONTRACT APPRAISAL FORM - State Contract Appraisal, form PUR 7073 should be used to provide your input and recommendations for improvements in the contract to State Purchasing for receipt no later than 90 days prior to the expiration date of this contract. Authorized Signature VA/kep Attachments 02-1276 http://www.myflorida.com/st—contracts/25500101 1/certification.htm 11/7/2002 SPECIAL CONDITIONS SPECIAL CONDITIONS Page 1 of 11 PURPOSE The purpose of this Invitation to Bid is to establish a 24 month contract for the purchase of Microsoft License and Maintenance by all State of Florida agencies and other eligible users in accordance with Eligible Users paragraph, General Conditions. It is anticipated that the contract will be effective from April 1, 2000 through March 31, 2002. OPTIONAL CONTRACT USAGE In addition to the eligible users referenced above with the consent of the successful Bidder(s) purchases may be made under the terms and conditions of this Invitation to Bid, by government entities located outside the State of Florida. Appropriate governmental entities' purchasing laws, rules and regulations shall apply to purchases made under this contract. ESTIMATED QUANTITIES It is anticipated that the State of Florida agencies, and other eligible users, will expend approximately $8,000,000 per year under any contract resulting from this Bid. These estimated figures are given only as a guideline for preparing your Bid and should not be construed as representing actual figures under the contract. PURCHASES UNDER $2,500 Agencies have the option to purchase from non -contract vendors provided the cost is below $2,500. State agencies are encouraged to use the State Visa Purchasing card for all purchases under $2,500. SPECIAL ACCOMMODATIONS Any person requiring a special accommodation at State Purchasing because of a disability should call State Purchasing at (850) 488-8440 at least five (5) workdays prior to the Bid opening. If you are hearing or speech impaired, please contact the Division by using the Florida Relay Service, which can be reached at 1 (800) 955-8771 (TDD). TECHNICAL SPECIFICATIONS 1. The software specified in this bid will be installed by the end users. 2. All bids must provide a manufacturer's cost plus percentage based on the Microsoft products to a qualified Microsoft Large Account Reseller. 3. The bidder must bid the latest version of all software. 4. Options to purchase Microsoft's official documentation and diskettes must be included In bid; 3- 1/2" and CD-ROM disk sets, per product pool (Applications, Systems, Server), as applicable. 5. Products and upgrade advantage to be bid under the MASTER AGREEMENT include all software offered under MICROSOFT CORPORATE SELECT and MICROSOFT EDUCATION SELECT. 6. Competitive upgrade products available to the end users are listed on the Microsoft Select Price List, as referenced on the Manufacturer's Certification. 7. The price list referenced on the Manufacturer's Certification, based on the Microsoft Government Select MVLP-D 50,000 unit level; and Microsoft Education Select MVLP-A designation, will be used for the purpose of this bid and resultant contract. 021276 hftp://www.myflorida.com/st—contracts/25500101 I/conditions.htm 11/7/2002 SPECIAL CONDITIONS Page 2 of 11 02-1276 http://www.myflorida.com/st—contracts/25500101 1/conditions.htin 11/7/2002 SPECIAL CONDITIONS Page 3 of 11 8. Upgrade Advantage — Three (2) year upgrade advantage will be offered for this bid and resultant contract. 9. Options to purchase all Microsoft products under Microsoft Select License and Upgrade Advantage; Microsoft Education Select. 10. Option to purchase both 3-1/2" and CD-ROM must be included. Vendors shall bid Microsoft diskettes. 11. The MASTER AGREEMENT includes all software listed in the referenced Manufacturer's Certification. 12. Product order confirmation, which includes a hard copy document of the number and type of license ordered shall be supplied to the ordering agencies with their invoice. 13. Large Account Reseller must have at least 5 members certified through the Microsoft Certified Professional Program at the level of Certified Systems Engineer + Internet, Certified Systems Engineer, Certified Database Administrator, Certified Solution Developer, Certified Professional + Site Building, Certified Professional + Internet, Certified Professional, or Certified Trainer currently on their Staff. The Large Account Reseller must also have at least 15 members certified through the Microsoft Sales Certification Training Program to allow for State of Florida Account Coverage, and Microsoft Trained Sales force for selling products. Copies of the Certificates must be included in the bid submittal. Failure to do so will result in bid rejection. 14. Reseller must have at least one Microsoft Sales Certified staff member available Monday through Friday, 8:00 a.m. to 6:00 p.m. EST on weekly except for State of Florida holidays to answers phone calls and questions. 15. All certifications required in this bid must be completed and returned with your bid. Failure to comply with this requirement shall result in disqualification of bid. In the event a bid is submitted by other than the equipment manufacturer, a certification executed by the manufacturer shall be required stating the bidder is an authorized representative of the manufacturer. The manufacturer's certification must be executed by the manufacturer's representative authorized to bind all the manufacturer's branches, dealers/resellers, and/or service establishments. Dealers/resellers are not authorized to sign this certification on behalf of the manufacturer. Failure to submit this certification with your bid shall result in disqualification of the bid. 16. UPGRADE ADVANTAGE Upgrade Advantage, under Microsoft's MASTERS' AGREEMENT includes: Master upgrade to include one master of each version of software for which upgrade advantage maintenance has been purchased. Master Interim Releases and software change notices for software for which upgrade advantage has been purchased. DELIVERY REQUIREMENTS All prices bid shall include delivery to purchaser within 30 days. http://www.myflorida.com/st—contracts/255001 01 I/conditions.htrn 02-1276 11/7/2002 SPECIAL CONDITIONS Page 4 of 11 DELIVERABLES The vendor shall guarantee that the contracting agency will be granted unlimited rights to reproduce, for the agency's use, materials and reports specifically developed for the department's requirements. If the vendor contemplates use of materials that are copyrighted, and charging a licensing fee for the right to reproduce or use such materials, the proposed cost of such a license shall be clearly presented by the vendor. Such information shall also be included in any material presented in response to later specific requests for services. PRICES All current and future Microsoft Software Licenses shall be sold under the MICROSOFT SELECT MASTER AGREEMENT and MICROSOFT EDUCATION SELECT MASTER AGREEMENT, for the term of the contract. Response shall be submitted in the form of % off list for software listed on the designated manufacturer's product/price list. The prices and percentage (%) discount offered with the bid shall be firm against any increase for the entire term of this contract and any renewals thereof. New products may be added if approved by State Purchasing, utilizing the same percentage discount originally bid, based on the manufacturer's price in effect at the time the new product is offered. CONTRACT PRICING On any contract where pricing is based on a Manufacturer's or Dealer's published price list (net or discounted), the price list must be provided by the respondent as part of the package in hard copy, and on a 3.5 inch diskette as a Word or Excel document. Any subsequent revisions shall be submitted in the same format to State Purchasing Contract Administrator, for review and approval prior to implementation. Updates may be submitted by e-mail or diskette. The Contract resulting from this negotiation will become a public document. The State of Florida, State Purchasing is using the Florida Communities Network (FCN) on the Internet World Wide Web (WWW) to distribute State Term Contracts and product information. Each Contract Vendor shall develop and maintain a State Contract Web Page on the Internet WWW to post the State Contract prices. This site must be dedicated to the State of Florida Contract. Access to the site and its information cannot be password protected. The Page must be compatible with the most recent version of browser software being used by State Purchasing. As of the writing of this solicitation, Netscape Navigator 3.0 is the State Purchasing Browser standard. State Purchasing intends to upgrade to a new browser version as it becomes available and fully tested, at its discretion. State Contract Page must be as follows: ➢ Solely for current contract pricing ➢ Additional links or information may be placed on the left edge of the screen to access additional product literature, the vendor's home page, the history of the company, etc. ➢ The center of the screen contains information and pricing that relates to only the terms on the contract being served. ➢ The Universal Resource Locator (URL) for the Internet Page must be supplied to Purchasing prior to the implementation of the contract. Failure to follow the above specifications as required in this section will be grounds for the link being broken from the State Contract and may be grounds for removal from the contract. Due to the short time between award & when the vendor must take ownership of the contract, the State 02-1276 http://www.myflori&.com/st—contracts/25500101 I/conditions-htrn 11/7/2002 SPECIAL CONDITIONS Page 5 of 11 is willing to place the pricing on the State's system until May 1, 2000 provided the vendor supplies the pricing and product list in Word with preset tabs to indicate part number, description, & Florida State Price. Diskette must be formatted as: • "Word for Windows" • Font: Times New Roman 12 • Preset tabs onl • Margins: .5 Left and .5 Right, .5 Top and 1.0 Bottom • Portrait only -no landscape • No Tables • No Headers or Footers • No Excel Files QUANTITY DISCOUNTS Bidder is urged to offer additional discounts for one time delivery of large single orders of any assortment of items in the space provided on the price sheets. Such discounts will not be considered in evaluation of bid. SALES PROMOTIONS A contractor, during the term of the contract, may lower prices of products on the contract, for a specified period of time. The contractor shall document sales promotions to and receive approval of the Division of Purchasing, prior to offering sales promotions to contract users. Documentation of sales promotions shall specify starting and ending dates of the promotion, specify list prices and promotional prices, and shall contain a statement that the promotional prices are available to all contract users. Sixty (60) days is established as the minimum period of time for which a sales promotion can be offered. Sale pricing shall be made available on contract items only and promoted to all users of the contract. Evidence of offering of a sales promotion to a contract user prior to the submittal to and approval of the Division of Purchasing shall subject the contractor to removal from the contract. NO SUBSTITUTIONS The types/versions of software specified in the Invitation to Bid are compatible with other systems/software currently installed. Therefore, NO SUBSTITUTES ALLOWED. Compatibility with existing software allows for warehousing of supplies as well as technical and upgrade advantage support peripheral software. AUTHORIZED DEALERS/DISTRIBUTORS AND/OR SERVICE LOCATIONS: On any contract where orders will be directed to Authorized Dealers/Distributors or listing Service Locations, this information shall be provided by the BIDDER as part of the Bid package in hard copy, and on a 3.5 inch diskette in a Word for windows or Excel file. Any subsequent revisions shall be submitted in the same format to the DOP CONTRACT ADMINISTRATOR, for review and approval prior to implementation. Failure to submit the information required in this section will be grounds for disqualification of your Bid and/or removal from any resulting contract. NOTICE TO CONTRACTOR The employment of unauthorized aliens by any contractor is considered a violation of section 247A(e) of the Immigration and Nationalization Act. If the contractor knowingly employs unauthorized aliens, 02-1276 hap://www.myflorida.com/st—contracts/255001 01 I/conditions.htm 11/7/2002 SPECIAL CONDITIONS such violation shall be cause for unilateral cancellation of the contract. Page 6 of 11 02-1276 hffp://www.myflorida.com/st—contracts/25 500 1011 /conditions.htm 11/7/2002 SPECIAL CONDITIONS Page 7 of 11 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in f.s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. SURCHARGE FEE AND SUMMARY OF TOTAL SALES Division of Purchasing hereby imposes a vendor surcharge fee of .5% (1/2 of 1%) on contractors' sales under any contract resulting from this negotiation. The fee will be paid by the contractor and must be included in submitted prices and cannot be added as. a separate item. Use of this contract will be optional by State Agencies. If a State Agency elects to purchase from a source other than the resulting State contract, such purchases shall be in accordance with Chapter 287, F.S., and 60A Florida Administrative Code. After receipt of payment from the contract purchases, all vendor surcharge fees shall be payable to the State of Florida no later than 15 days after the end of each quarter. Vendor surcharge fee and contract number should be noted on the check and remitted to: State of Florida Department of Management Services P.O. Box 5438 Tallahassee, FL 32314-5438 Contract supplier shall furnish Division of Purchasing a detailed summary of sales at the end of each quarter. By submission of these Sales Summary reports and corresponding vendor surcharge deposits, the contractor(s) is certifying their correctness. All such reports and fee deposits shall be subject to audit by the State of Florida. Summary information shall be provided each quarter and shall include the following: A. State Contract Number B. Identity of purchaser C. Total sales per quarter and year-to-date Failure to comply with these requirements will result in the contract supplier being found in default, in which case any and all re -procurement costs and all outstanding vendor surcharge fees may be charged against the defaulting contractor and may result in immediate, unilateral cancellation of your contract by Division of Purchasing. RESPONSIBILITIES The successful bidder shall act as "Agent of Record" during the term of the contract and shall maintain and update the licensing records of each eligible agency thatpurchases from the resultant contract. If an Enrollment Form is required by Microsoft, the bidder will be responsible to contact each agency, upon receipt of that agency's initial purchase order to have the agency complete the form. In turn, the agencies shall designate a liaison to maintain pertinent records and inform the Agent of Record of any changes. 02--12'76 hftp://www.myflorida.com/st—contracts/255001 011 /conditions.htm 11/7/2002 SPECIAL CONDITIONS Page 8 of 11 WARRANTY =-- Contractor shall warrant software media and documentation against defects in workmanship for one (1) year. 02-1276 h4://www.myflorida.com/st—cont-acts/255001 01 1/conditions.htm 11/7/2002 SPECIAL CONDITIONS Page 9 of 11 YEAR 2000 COMPLIANCE For purposes of this Year 2000 warranty, the term "Product" shall include software, firmware, microcode, hardware and embedded chip technology. Vendor warrants that the Product is Year 2000 Compliant. All versions of the Product offered by the vendor and purchased by the State, for which Vendor is obligated to provide maintenance service are, and in the future, will be, Year 2000 Compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information before, during, and after January 1, 2000, including accepting date input, providing date output, and processing dates; function before, during and after January 1, 2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following Jan 1, 2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on and after the leap year date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. The duration of this warranty and the remedies available to the State for breach of this warranty shall be as defined in, and subject to, the terms and limitations of any general warranty provisions of this contract, provided that notwithstanding any provision to the contrary in such warranty provision(s), or in the absence of any such warranty provision(s), defects in the Product with regard to Year 2000 Compliance, if any, will be corrected by Vendor at Vendor's cost within a timeframe mutually agreed upon with the State. Vendor cannot be held responsible for errors resulting from devices or systems external to this contract which are permitted to directly access any database provided under this Agreement and overwrite Product date fields or from the users' improper integration of non -Year 2000 Compliant systems. Nothing in this warranty shall be construed to limit any rights or remedies the State may otherwise have under this contract with respect to defects other than Year 2000 performance. REMEDY CLAUSE: In the, event of any decrease in product functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating beyond the Millennium Date Change, Licensors and Vendors of Licensors products, agree to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein at no charge to the licensee, and without interruption to the ongoing business of licensee, time being of the essence. RESELLERS: All products bid under this bid/contract will be Year 2000 compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information before, during, and after January 1, 2000, including accepting date input, providing date output, and processing dates; function before, during and after January 1, 2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following Jan 1, 2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on and after the leap year date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. Resellers may provide a "pass through warranty" from the manufacturer/software developer, which meets all the warranty requirements by the State, and which shall include all other warranties provided by the manufacturer or software developer. Reseller shall be responsible for warranty assurance, assistance, enforcement and any other actions or rem- 'ation, required to satisfy warranty requirements. ®2-1276 hftp://www.myflorida.com/st—contracts/255001 01 I/conditions.htm - 11/7/2002 SPECIAL CONDITIONS Page 10 of 11 O2--1219 http://www.myflorida.com/st—contracts/255001 011 /conditions.htn 11/7/2002 SPECIAL CONDITIONS Page 11 of 11 COMPENSATION The contractor must provide all services required to meet the provisions of the contract. In calculating cost, services include, but are not limited to, consultative services, copyright fees, materials and equipment rentals. Travel expense, if authorized under the provisions of this agreement, shall be submitted in accordance with Section 112.061, Florida Statutes. No reimbursement is available to the contractor beyond the amount agreed and provided for in Sections 112.061 and 287.058, F.S. VISA ACCEPTANCE The State of Florida has implemented a purchasing card program, using the Visa platform. Vendors may receive payment from state agencies by the purchasing card in the same manner as other Visa purchases. Visa acceptance is mandatory but is not the exclusive method of payment. Please indicate your ability to accept Visa in the space provided on the Ordering Instruction sheet of the Bid. INSURANCE, WORKERS' COMPENSATION The contractor shall take out and maintain during the life of this agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is sublet, the contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the contractor. Such insurance shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Workmen's Compensation statute, the Contractor shall provide, and cause each sub -contractor to provide, adequate insurance, satisfactory to the Purchaser, for the protection of his employees not otherwise protected. AWARD Award will be made to the responsive responsible bidder offering the highest percentage discount resulting in the lowest net delivered price statewide, to a single Large Account Reseller (USA). The Government Select Agreement price is based on MVLP-D 50,000 unit level. The Education Select Agreement is based on 1000 units. The award will be based on the lowest net delivered cost offered using the following formula: 85% for Government Select Agreement discount plus 10% for Education Select Agreement discount plus 3% for Media discount plus 2% for Documentation discount equals the highest award discount. All other provisions of Awards paragraph, General Conditions, shall prevail. 02_12'76 http://www.myflorida.com/st—contracts/25500101 1/conditions.htrn 11/7/2002 [Contract Number] -- Vendor Information Page 1 of 1 Principal Technology: Microsoft License, -Maintenance & Services 255-001-01-1 Vendor Information Microsoft Corporation http://www.microsoft.com/ Software House International http://www.shi.coml 02--1276 hftp://www.myflorida.com/st—contracts/25500101 1/order.htm 11/7/2002 Description City Fire City as a MPD Whole Desktop Software Costs 212,155.46 32,620.02 158,790.77 403,566.25 Server Software Costs 1 33,421.24 0.00 16,414.47 49,835.71 Estimated Total Cost of Enterprise A 245,576.701 32,620.02 175,205.24 453,401.96 11/6/2002 Enterprise Agreement 02—J276 To be completed by Microsoft Microsoft Business Agreement Number U0275474 Microsoft Enterprise Agreement OIE50535 Number AMENDMENT TWO TO THE MICROSOFT ENTERPRISE AGREEMENT This amendment ("Amendment") is made and entered into by and between the undersigned for the purpose of amending that certain Microsoft State and Local Government Enterprise Agreement ("Agreement") identified above between The State of Florida and MSLI, GP. All terms used but not defined in this Amendment will have the meanings assigned to such terms in the Agreement, as amended. I. Modifications to the Agreement. 1. A new Section 9, special reference Prices during open enrollment period. is hereby added to the Enterprise Agreement, as follows: a. Additional definitions. The following additional definitions shall apply to this Section 9: "Aggregate CAL Desktop Count" means the aggregate number of qualified desktops under Enterprise Enrollments associated herewith for which any combination of the following products has been chosen as an enterprise product as of the Offer Deadline: (i) Microsoft Windows Client Access License ("Windows CAL'); (ii) Microsoft Exchange Client Access License ("Exchange CAL'); (iii) Microsoft SQL Server Client Access License ("SQL CAL'); (iv) Microsoft SharePoint Portal Server Client Access License ("SharePoint CAL'); (v) Microsoft Systems Management Server Client Access License ("SMS CAL'); (vi) Microsoft BackOffice Client Access License ("BackOffice CAL'); or (vii) Microsoft Core Client Access License ("Core CAL'); "Aggregate Desktop Count" means the Aggregate CAL Desktop Count, Aggregate Office Desktop Count, and/or Aggregate Windows Desktop Count, as applicable; "Aggregate Office Desktop Count" means the aggregate number of qualified desktops under Enterprise Enrollments associated herewithfor FL SLG EA 5.1 Amendment 2 Page t of to U2-1276 which either (i) Microsoft Office Standard Edition ("Office Standard') or (ii) Microsoft Office Professional Edition ("Office Professional') has been chosen as an enterprise product as of the Offer Deadline; "Aggregate Windows Desktop Count" means the aggregate number of qualified desktops under Enterprise Enrollments associated herewith for which the Microsoft Windows Professional desktop operating system has been chosen as an enterprise product as of the Offer Deadline; "CAL Family" means any of the following enterprise products: (i) Windows CAL; (ii) Exchange CAL; (iii) SharePoint CAL; (iv) SQL CAL; (v) SMS CAL; (vi) BackOffice CAL; and/or (vii) Core CAL; "Component Product" means any enterprise product listed on the table on Attachment A hereto; "Initial Desktop " means, with respect to any Enterprise Enrollment, the number of qualified desktops enrolled under such Enrollment as of its effective date, "Microsoft BackOffice Client Access License " and "BackOffice CAL " means each of the following Client Access Licenses, when purchased together as a suite: (i) Windows CAL; (ii) Exchange CAL; (iii) SQL CAL; and (iv) SMS CAL; "Microsoft Core Client Access License " and "Core CAL " means each of the following Client Access Licenses, when purchased together as a suite: (i) Windows CAL; (ii) Exchange CAL; (iii) SharePoint CAL; and (iv) SMS CAL; 'W on -Platform Enrollment" means any Enterprise Enrollment associated herewith which is not a Platform Enrollment; "Offer Deadline" means June 30, 2002, unless at least two of the following three Aggregate Desktop Counts equals or exceeds 30, 000 qualified desktops on or before June 30, 2002, in which case the Offer Deadline shall be extended to August 31, 2002: (i) the Aggregate Office Desktop Count, (ii) the Aggregate Windows Desktop Count; and/or (iii) the Aggregate CAL Desktop Count; "Office Family" means either of the following enterprise products: (i) Office Professional; or (ii) Office Standard, FL SLC EA 5.1 Amendment 2 Page2of10 02-1276 "Platform Enrollment" means any Enterprise Enrollment associated herewith for which each of the following is a chosen enterprise product: (I) either (i) Office Standard or (ii) Office Professional; and (II) Microsoft Windows Professional desktop operating system; and (III) either (iii) BackOffice CAL or (iv) Core CAL "Product Family" means any of the following collections of enterprise products, as defined in this Section 9: (i) Office Family; (ii) Windows Family; and/or (iii) CAL Family, "Post -Deadline Volume Level " means, with respect to a particular Product Family, the price level by which the reference prices for enterprise products in such Product Family, for Enterprise Enrollments executed after the Offer deadline, shall be determined as set forth in this Section 9; "Pre -Deadline Volume Level" means, with respect to a particular Product Family, the price level by which the reference prices for enterprise products in such Product Family, for Enterprise Enrollments executed on or before the Offer deadline, shall be determined as set forth in this Section 9; and "Windows Family " means the following enterprise product " Microsoft Windows Professional desktop operating system. & Determination of Volume Levels. The Pre -Deadline Volume Level for the Office Family shall be determined based upon the Aggregate Office Desktop Count, according to the table in the following paragraph. The Pre -Deadline Volume Level for the Windows Family shall be determined by the Aggregate Windows Desktop Count, according to the table in the following paragraph. And the Pre -Deadline Volume Level for the CAL Family shall be determined by the Aggregate CAL Desktop Count, according to the table in the following paragraph. FL SLG EA S.l Amendment 2 Page 3 of 10 02-1276 The following table shall be used to determine the Pre -Deadline Volume Levels for each of the Product Families: Pre -Deadline Volume Level Aggregate Deskto Count Pre -Deadline Between 250 (or 100, pursuant to the Volume Level terms and conditions of Section 10) and A 2,399 qualified desktops Pre -Deadline Volume Level Between 2,400 and 5,999 qualified B desktops Pre -Deadline Volume Level Between 6,000 and 14,999 qualified C desktops Pre -Deadline Volume Level Between 15,000 and 49,999 qualified D desktops Custom Level Between 50,000 and 74,999 qualified 1 desktops Custom Level 1 2 75,000 or more qualified desktops The Post -Deadline Volume Level for the Office Family shall be determined based upon the Aggregate Offrce Desktop Count, according to the table in the following paragraph. The Post -Deadline Volume Level for the Windows Family shall be determined by the Aggregate Windows Desktop Count, according to the table in the following paragraph. And the Post Deadline Volume Level for the CAL Family shall be determined by the Aggregate CAL Desktop Count, according to the table in the following paragraph. FL SLG EA 5.1 Amendment 2 Page 4 of 10 02—t276 The following table shall be used to determine the Post -Deadline Volume Levels for each of the Product Families: Post- Corresponding Deadline Enterprise Volume Agreement Level Aggregate Deskto Count Volume Level Post - Deadline Between 250 (or 100, pursuant to the Volume Level terms and conditions of Section 10) and A 2,399 qualified desktops A Post - Deadline Volume Level Between 2,400 and 5,999 qualified B desktops B Post - Deadline Volume Level Between 6,000 and 14,999 qualified C desktops C Post - Deadline Volume Level D 15,000 or more qualified desktops D c. Determination of reference prices. For Non -Platform Enrollments signed on or before the Offer Deadline, the following shall apply: • the Year 1 per -desktop reference price for each enterprise product covered by each such Non -Platform Enrollment, for each Initial Desktop irrespective of the number ofqualified desktops under such Enrollment, shall be determined according to the Table at Part I of Attachment A; • the Year 2 and Year 3 per -desktop reference prices, respectively, for each enterprise product covered by each such Non -Platform Enrollment, for each Initial Desktop, shall be determined based upon the Pre -Deadline Volume Level for the Product Family in which each such enterprise product is contained, according to the Table at Part 1 of Attachment A; • The per -desktop true up reference price for each enterprise product covered by each such Non -Platform Enrollment, for each qualified desktop added to the Enrollment during the first, second and third years, respectively, of the term of such Enrollment, shall be determined based upon the Pre -Deadline Volume Level for the Product Family in which FL SLG EA 5.1 Amendment 2 Page 5 of 10 02-1276 each such enterprise product is contained, according to the Tables at Parts 2, 3, and 4, respectively, of Attachment A. For Platform Enrollments signed on or before the Offer Deadline, the following shall apply: the Year 1 per -desktop reference price for each enterprise product covered by each such Platform Enrollment, for each Initial Desktop irrespective of the number of qualified desktops under such Enrollment, shall be determined according to the Table at Part 1 of Attachment A, less a discount of fifteen percent (15%). Such 15% discount shall be applied to the sum of the reference prices of the individual enterprise product components. For example, if the sum of the annual per -desktop reference prices for the enterprise products covered by a Platform Enrollment, as shown on Attachment A, is $307.00, then the discount applied shall be ( $307.00 x 15% _ ) $46.05, and the resulting annual per -desktop reference price for such enterprise products, in aggregate, shall be: ( $307.00 - $46.05 = ) $260.95.; the Year 2 and Year 3 per -desktop reference prices, respectively, for each enterprise product covered by each such Platform Enrollment, for each Initial Desktop shall be determined based upon the Pre -Deadline Volume Level achieved by the State, pursuant to the terms and conditions of this Section 9, for the Product Family in which each such enterprise product is contained, according to the Table at Part I of Attachment A, less a discount offifteen percent (15%); The per -desktop true up reference price for each enterprise product covered by each such Platform Enrollment, for each qualified desktop added to the Enrollment during the first, second and third years, respectively, of the term of such Enrollment, shall be determined based upon the Pre -Deadline Volume Level for the Product Family in which each such enterprise product is contained, according to the Tables at Parts 2, 3, and 4, respectively, of Attachment A, less a discount of fifteen percent (15%). For Enterprise Enrollments signed after the Offer Deadline and through September 1, 2004, the following shall apply: FL SLG EA 5.1 Amendment 2 Page 6 of 10 02-1276 the Year 1, Year 2, and Year 3 per -desktop reference prices, respectively, for each enterprise product on each Initial Desktop shall be determined based upon the Post -Deadline Volume Level achieved by the State, pursuant to the terms and conditions of this Section 9, for the Product Family in which each such enterprise product is contained, according to the then -current published Microsoft reference prices for each such enterprise product which correspond to the applicable Post -Deadline Volume Level; The per -desktop true up reference price for each enterprise product for each qualified desktop added to the Enrollment during the first, second and third years, respectively, of the term of such Enrollment, shall be determined based upon the Post -Deadline Volume Level for the Product Family in which each such enterprise product is contained, according to the then -current published Microsoft reference prices for each such enterprise product which correspond to the applicable Post -Deadline Volume Level. d additional terms and conditions The parties acknowledge and agree that (i) the BackOffice CAL will not be offered in any Enterprise Enrollment after June 30, 2002; and (ii) notwithstanding the date upon which this Enterprise Agreement expires or is otherwise terminated, the method listed above in this Section 9 by which reference prices shall be determined shall cease to apply on September 1, 2004. The following sentence shall apply both during the open enrollment period and thereafter until September 1, 2004. In the event that, in the absence of this Section 9, an enrolled affiliate would otherwise qualify for a lower reference price, for one or more of its chosen enterprise products, than the corresponding reference prices) for such enterprise product(s) as determined pursuant to the terms and conditions hereof, the lower of the two reference prices for each such enterprise product shall apply. You acknowledge, on behalf of your enrolled affiliates, that the reference price (and therefore, presumably, the price the reseller, as such term "reseller" is defined in the First Amendment to sections I and 2(d) and remains effective herein, charges each such enrolled aff liate) for both (i) the second and third annual payments, and (ii) true up payments at each anniversary, may increase pursuant to the terms of this Section 9. Such price increase for the payments stated above will result, with respect to an enrolled affiliate's Enterprise Enrollment, in the event that at least 50,000 qualified desktops, in aggregate, are not enrolled in Enterprise Enrollments covering each of the Product Families (or the Product Family) covered by that enrolled affiliate's Enterprise Enrollment, between October 1, 2001 and the Offer Deadline. It is recommended that affiliates not enter into Enterprise Enrollments hereunder unless (a) they are FL SLG EA S. / Amendment 2 Page 7 of to 02-1276 aware of such possibility that their price may increase as stated above; and (b) they anticipate that sufficient budget will be approved to cover such increased payment amount. In the event that an entity, which such entity would otherwise qualify as an affiliate pursuant to this Enterprise Agreement, enters into an enrollment under a separate Enterprise Agreement between October 1, 2001 and the Offer Deadline, we agree to add the count of qualified desktops under such Separate Enrollment to the applicable Aggregate Desktop counts achieved hereunder. You acknowledge and agree that there may be certain instances in which certain Enterprise Enrollments executed by your affiliates, whether under this Enterprise Agreement or otherwise under a separate Enterprise Agreement or Enterprise Subscription agreement, may have unit reference prices other than those shown on Attachment A or otherwise priced pursuant to the terms of this Section 9. Such instances include, but are not limited to those Enterprise Enrollments: (i) that were executed prior to October 1, 2001; (ii) that contain other enterprise products not shown on attachment A; (iii) for which we negotiate a special payment schedule or ramped installment payments upon the condition that the reference price of such Enrollment be uplifted to account for the time value of money; (iv) which renew previously expired Enterprise Enrollments and therefore qualify for renewal pricing; and (v) for which a special price is negotiated to match the equivalent Microsoft Select estimated retail price for sufficient licenses, Upgrade Advantage and/or Software Assurance to otherwise provide the equivalent license and upgrade rights provided pursuant to an Enterprise Enrollment. Except as provided by the following paragraph, those terms of this Section 9 which were modified by Amendment Two to this Enterprise Agreement, and which such terms specifically apply to special reference prices and adjustments thereto for enrollments signed after October 1, 2001, shall not apply to any Enterprise Enrollments which were executed prior to the execution of such Amendment Two. Reference prices are provided only for the purpose of comparison. Actual pricing and payment terms will be determined by agreement between each enrolled affiliate and its chosen reseller. We will provide each reseller with a list of reseller prices which corresponds to the reference prices in Attachment A. The State shall, in the normal course of business, post this Amendment'Two to the State's MyFlorida.com website. e. Special terms for Department of Health The parties acknowledge that, as of the time this Amendment Number Two was presented to you for your consideration and execution, the State of Florida Department of Health may have executed an Enterprise Enrollment hereunder FL SLG EA 5.1 Amendment 2 Page 8 of 10 02-12'76 (the "DDH Enrollment') which has a higher average annual unit reference price than otherwise provided by this Amendment Two for the applicable enterprise products. Provided that such DOH Enrollment is executed pursuant to the preceding sentence, the parties agree that the reference price for the second and third annual payments pursuant to such DOH Enrollment will be amended such that the average of the three annual payments' reference prices shall then equal the sum of (i) the average annual reference price that would have otherwise been provided for such Enrollment pursuant to the terms of -this agreement, had it been executed following the execution of Amendment Two; and (ii) an uplift of 7.08% (applied to the total 3 -year reference price) to account for the cost of money as affected by the special payment schedule negotiated by the parties to such DOH Enrollment. f, Enrollments signed between September 29, 200.1 and execution of Amendment 2 to this Enterprise Agreement: The parties acknowledge that negotiations regarding this Section 9 began on September 29, 2001. Therefore, except for DDH (the special terms for which are set forth in Subsection 9(e), above), the following shall apply to each enterprise enrollment'hereunder, if any, that was executed between September 29 and the date upon which this enrollment becomes effective, and which such enrollment(s) have reference prices higher than those otherwise provided by this Amendment Two for applicable enterprise products (collectively, the "interim enrollments'): The parties agree that the reference price for the second and third annual payments pursuant to each such interim enrollment will be amended such that the average of the three annual payments' reference prices shall then equal the sum of the, average annual reference price that would have otherwise been provided for such interim enrollment(s) pursuant to the terms of this agreement, had such enrollments) been executed following the execution ofAmendment Two. 2. A new Section 10, enrollments with fewer than 500 qualified desktopsis hereby added to the Enterprise Agreement, as follows: The representation and warranty, on each Enterprise Enrollment hereunder, that the applicable enrolled affiliate has 500 or more quaked desktops in its enterprise, is hereby deleted. You agree that we may decline to accept any Enterprise Enrollment submitted hereunder if the applicable enterprise contains fewer than 250 qualified desktops. As an exception the foregoing, we may accept an Enterprise Enrollment with between 100 and 249 qualified desktops, if the enrolling affiliate agrees to amend its Enterprise Enrollment to waive its receipt of free CD-ROM media. 11. Effect of Amendment. FL SLG EA S.1 Amendment 2 Page 9 of 10 02-x.270 Except as specifically amended by this Amendment, all provisions of the Agreement identified above shall remain unchanged and in full force and effect. This Amendment is not legally binding until executed by both parties and shall become effective on the date of signature of the contracting Microsoft affiliate. When this amendment is fully executed, you will receive a confirming copy. You must execute and return two (2) copies of this Amendment to the address below on or before December 31, 2001, in order for the terms and conditions of this Amendment to apply. MSLI, GP Attn: Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Keno, NV 89511-1137 Customer: Contracting Microsoft Affiliate: The State of Florida MSLI, GP Name of Customer Name of contracting Microsoft affiliate B BY Y Name, Title Name, Title Date Date rreparea oy: uavta mins Licensing Executive, Microsoft Corporation Agent for MSLI, GP FL SLG EA 5.1 Amendment 1 Page 10 of 10 02--1276 Stab of Florlda • Enterprise Agreement Proposal Attachment A • Rebrenee Prlgs.for Components of Enterprise AgewMni Part 1: Annual Payments for Initial D"ktops Olfgs Family Volume Leve Office Professional Olfiee Standard Windows Family Windows Desktop Operating System Upgrades Client Access License Suites SaekClfice CAL (only for Flu signed during emotlnent period) Core CAL Individual Client Amass Licenses Windows Saw CAL • '• Exdnwge Server CAL• « Systems Management Sarver CAL • •• SOL Server CAL • SherePoint Portal Server CAL " • . included in BackOffice CAL, •• • included in Core CAL Part 2: Sktgle True, Up Paymanb fair Desktops Added Year 1 Office Fanny Val nle Level:] Office Prohs3xxlw Olfios Standard Windows Fahy Windows Desktop Opens" SYabm Upgrades Cent Access License Suites BackOffice CAL (only for Flu signed during ruorYmnt period) Core CAL kdiv dual Cent Access lions" Windows Server CAL • •• Exchange Server CAL • •• System Maregernent Server CAL • •• SOL Server CALL ShwePant Portal Server CAL •' • . knauded in BadkOOrce CAL, •• • included in Core CAL Part 3: Singe True Up Payntenb for Desktops Added Yew 2 Office Family Volume Leval:j Office, Prolaneral Office Standard Windows Family Widows Desktop Op wau - System Upgrades Ckw+t AMU License Suit" BeckOlfios CALL (oray, for EAs el9ned durktp envowent prod) Con CAL Individual Chains Access Liore" Windows Server CAL • •• Exchange Sanest CAI. • •• System Meneprfent Server CAL • « SOL Server CAL• SIwePNm Pared Server CAL'• • • inrxded in BackORee CAL. •• Included in Core CAL Par Net R"Nler Priv US Dogra Ositandno M socirmartaits Annual Per Net Reeser Price US Dollars individually Yew 1 Years 2 and 3 on acionsoomweraosed dooklm mum for 000 6 00414.069 Any Ourd .7s.000 50000-71999 15.00449.999 6 00414 999 2,400-5,911111, 250.2 (Custom Level 1) (Custom Level 2) (Cush" Leval 1) 0-610) (Leval C) (Leve S) (Level A) 153.00 13BAD 153.00 189.00 204.00 223.00 239.06 127.00 115.00 127.00 157.00 170.00 185.00 199.00 123.00 137.00 148.00 162.08 178AO 50.00 45.00 50.00 61.00 86.00 72.00 70.00 313.00 342.00 360.00 170.00 189.00 210.00 231.00 104.00 93.OD 101.00 101.00 113.00 123.00 133.00 75.00 68.00 76.00 76.00 83.00 91.00 98.00 56.00 54.00 71.00 79.00 85,001 9200 36.001 12.00 I 11.00 1200 1200 13.00 14,00 15.00 26.00 23.00 26.00 28.00 29.00 31.00 33.00 18.00 14.00 1 00 16.00 17.00 19AO 21.00 51.00 51.00 57.00 57.00 6200 67.00 7200 28.00 25.00 20.00 28.00 31.001 23,001 36.00 Office Fanny Val nle Level:] Office Prohs3xxlw Olfios Standard Windows Fahy Windows Desktop Opens" SYabm Upgrades Cent Access License Suites BackOffice CAL (only for Flu signed during ruorYmnt period) Core CAL kdiv dual Cent Access lions" Windows Server CAL • •• Exchange Server CAL • •• System Maregernent Server CAL • •• SOL Server CALL ShwePant Portal Server CAL •' • . knauded in BadkOOrce CAL, •• • included in Core CAL Part 3: Singe True Up Payntenb for Desktops Added Yew 2 Office Family Volume Leval:j Office, Prolaneral Office Standard Windows Family Widows Desktop Op wau - System Upgrades Ckw+t AMU License Suit" BeckOlfios CALL (oray, for EAs el9ned durktp envowent prod) Con CAL Individual Chains Access Liore" Windows Server CAL • •• Exchange Sanest CAI. • •• System Meneprfent Server CAL • « SOL Server CAL• SIwePNm Pared Server CAL'• • • inrxded in BackORee CAL. •• Included in Core CAL Par Net R"Nler Priv US Dogra Annual PWAMOWO Net Reseer Price US Dollars Ositandno M socirmartaits enrowd count for cam individually >75 000 50.00474 989 15,01)(1-49,909 6 00414.069 2 4045 999 2542 399 (Custom Level 2) (Custom Level 1) (Level D) (Level C) (Level 5) (Level A) 344.00 382.00 523.00 565.00 616.80 882.00 286.00 318.00 435.00 469.00 512.00 550.00 111100 123.00 137.00 148.00 162.08 178AO 233.00 259.00 286.00 313.00 342.00 360.00 170.00 189.00 210.00 231.00 252.00 2MA0 26.00 29.00 3200 35.00 38.00 41,00 56.00 54.00 71.00 79.00 85,001 9200 36.001 39.001 43.00 46.80 51.00 1 57.00 128.001 142.001 15BA0 it 171.001 187.00 200.00 62.001 66.001 78.00 84.00 92-001 99.00 Annual PWAMOWO Net Reseer Price US Dollars 02-1276 ' on sedgwregft meed Murilt far eadn uct wdwkbAww .75,000 50,00474.098 8049 158.899 6, 14,999 2,4005,999 25".399(Custom Land 2) (Cutlan Leval 1) (Level D) (Level C) (Level 6) (Level A) 275.00 308.00 435.00 470.00 513,00 551.00 229.00 254.00 362.00 391.00 426.00 457.00 89.00 99.00 102.00 109.00 11900 130AD 188.00 20.00 244.00 286.00 260.00 31200 130.00 151.00 178.OD 195.00 moo 231.00 21.00 23,0 27.00 30.00 3100 46.00 51.00 80.00 87.00 7200 78.00 20. 31.00 37.00 39.001 40.00 10200 1 114MI 1 145AD 1 158.00 170.00 49.001 S5.D0 1 64.00 f 71.001 MOO I 84.00 02-1276 Part 4: Single True UP Payments for Desktops Added Yaw 3 Office Family Vckero Level f - Office Prolibu* W Office Standard Windows Fatuity Windows Oaskbp Operating System Upgrades Client Access License Suits BackOffice CAL (only for FAS signed during enroament period) Coro CAL Individual Client Access Licenses Windows Server CAL • •• Exchange Sarver CAL' •' Systems Management Server CAL • •• SOL Server CAL StarePoint Ponta Sarver CAL •- includW in SackORke CAL, •• , included in Core CAL Annual Prer,0681dop Net Reseller Priq US Dole 02-1276 Dependingon nooffloate enro0ed duldop oount7or each product indii6dualty ,75,000 50.000-74.999 16.00048 999 8,000.14,999 2.400.5,989 250.2 999 (Custom Leval 2) (Cuslam Laval 1) (Left D) (Level C) (Leval B) (Levet A) 207.00 230.00 347.00 375.00 408.00 439.00 172.00 191.00 289.00 312.00 340.00 365.00 67.00 74.00 66.00 70.00 77.00 84.00 140.00 155.00 199.00 277.00 237.00 258.00 10200 113.00 145.00 160.00 174.00 189,00 16.00 1 17.00 21.00 24,00 - 28.00 35.00 39.0049.00 55.00 59.00 64.00 21.00 21.00 30.00 32.00 36.00 99.00 77.00 85.00 110.00 119,00 129.00 IMp0 37.001 41.001 53.001 59.00 64,00 89.00 02-1276 For A soft Internal Use Purposes Enrollment Number - Reseller Must Complete the following Customer Purchase Order Number Enterprise Agreement Number OIE50535 Microsoft Business Agreement Number U0275474 MICROSOFT ENTERPRISE ENROLLMENT This MICROSOFT ENTERPRISE ENROLLMENT is entered into between you (the enrolled affiliate signing below) and us (the Microsoft affiliate signing below) as of the effective date identified below. If different from the main contact information, any notices must be addressed to the contact and locations outlined in the notices section below. We will notify you in writing if our address information changes. You must notify us in writing if your address changes. Company Name Name and address of contracting Microsoft affiliate MSLI, GP Street Address and/or post office box Street Address and/or post office box 6100 Neil Road Suite 210 City and State / Province City and State / Province Reno, NV Country and Postal Code Country and Postal Code USA 89511-1137 Contact Name Phone Number Phone Number 775-823-5600 Fax Number Fax Number 775-826-7287 Email Address Email Address Sel ues microsoft com For the Attention of, For the Attention of. Dept. 551, Volume Licensing The enrollment and attached documents should be sent to the above address for approval and processing. Customer Notices Information (if different from above) All NOTICES should have Copy To: Company Name Microsoft Co ration, Law and Corporate Affairs Street Address and/or post office box One Microsoft Way City and State / Province Redmond, WA Country and Postal Code USA 98052 Contact Name Phone Number Fax Number 425-936-7329 Email Address icroso8.com For the Attention of. For the Attention of Volume Licensing Attorney Term. This enrollment will expire 36 full calendar months from the effective date indicated below unless terminated earlier as provided in the Microsoft Enterprise Agreement or extended as set out in the next sentence. You may elect to extend the term of this enrollment for an additional 12 full calendar months. To do so, you must submit an order for the extension period to your reseller within 15 -days following the term, covering the enterprise products, the additional products, and any additional qualified desktops added prior to the end of the term Microsoft Enterprise Enrollment (MSLI) v5.1 Cover Page Page I of l4 (North American) October 15, 2000 r:.y 02 -1276 (including any qualified desktops for which you are required to submit an order as part of your third anniversary true up). The reference price for the extension of each enterprise product will be equal to the total enterprise product price divided by 3, divided by the initial number of qualified desktops, multiplied by the total number of qualified desktops licensed as of the end of the term (including any qualified desktops for which you are required to submit an order as part of your third anniversary true up). We are not able to provide additional product reference pricing for the extension term. Please contact your reseller for your price and payment terms for the enterprise products and additional products for the extension tern. Terms used in this enrollment shall have the meanings assigned to them in the Microsoft Enterprise Agreement identified above. By signing this enrollment, you represent and warrant that: a. You have read and understood the Microsoft Business Agreement and the Enterprise Agreement identified above, including any addenda and amendments to that agreement (specifically including but not limited to the current version of the product use rights), and agree to be bound by those terms. b. You are either the entity that signed the Enterprise Agreement identified above or its affiliate. c. You have 250 or more qualified desktops, unless this enrollment is amended, pursuant to Section 10 of the Enterprise Agreement, to permit as few as I00, subject to your agreement not to receive free CD-ROMs. This enrollment consists of (1) this cover page, (2) the Shipping Information Form, (3) the Enterprise Order Form, (4) the Enterprise Update Statement, (5) the Reseller Information Form, and (6) the Product List, and by signing below, you agree that you are bound by the terms of the Microsoft Enterprise Agreement identified above and the product use rights applicable to products ordered under this enrollment. By signing below, you represent that the information that you provide on each of the attached forms is accurate. Name of Company: Name of contracting Microsoft affiliate: MSLI, GP B: B: (Signature) (Signature) Name: Name: (Printed) (Printed) Title: Title: (Printed) (Printed) Date: Effective Date: Aficrosoft Enterprise Enrollment (MSLI) v5.1 Cover Page Page 1 of 14 (North American) October 15, 1000 02-1276 Shipping Information Form License Confirmations and Select CD-ROM subscriptions will be shipped to the following address. If the CD-ROM shipping address differs from the License Confirmation shipping address, please complete the Initial Fulfillment Kit/CD-ROM Shipment Contact address section below. License Confiirmatinn Chin_tn infarmatinn f1fdif oroni frn— add.... -- it. -......ems ----i Company Name Company Contact Email Address Street Address Company Contact Language (If different than language of this agreement) City and State / Province Fax Number Country and Postal Code Contact Name Microsoft Account Manager Name Phone Number Microsoft Office Location Fax Number Microsoft Contact Email Address (1fapplicable) initial Fnlfillmant Kit / f`n_1Dn1W Qk.- ..e..+_W r.______ --- -_ - - Company Name -- a.v•wu s•n•rc Contact Name Street Address Phone Number City and State / Province and Postal Code Fax Number Country Email Address Aficrosoft Select Enrollment (MSCI) v5.1 Shipping Information Form Page 3 of 14 (North American) October 15, 2000 02-1276 Microsoft Licensing CD Kit Order Form For each enrollment, Microsoft will ship one CD kit plus updates for each pool, group, and language you designate in the table below. For each language and group you wish to receive, please mark the corresponding box with an X. You may receive CDs only for the pool(s) designated on this enrollment. If you would like to receive additional CD kits and updates, you may order through your reseller for a fee. Check here if you have the current CD kit and DO NOT need another complete set. You will receive kit updates. Pool/Group Language English Int'I English/Multi-language Arabic Brazilian Portuguese Chinese -Simplified Chinese -Traditional English, ChnSimp, ChnTrad Czech Danish Dutch Finnish French German Greek Hebrew Hungarian Italian Japanese Korean Norwegian Polish Portuguese Russian Spanish Swedish Thai Turkish Pool Pool I Server Pool Microsoft Training Products Windows Windows Windows Office Developer and for Client: Client: 3.1 and Windows Server Family Tools Learning Macintosh Business Consumer MS-DOS Servers Applications r` ` = Not available Note: For a complete content list for each group, see your LAR or Microsoft account manager. Enterprise Order Form 1 TaS..Gfrnn of f6a Fntomrica Section 1: Your enterprise must consist of entire legal entities, not partial entities such as departments, divisions or business units. Each affiliate must be entirely "in" or entirely `but". Note: when we refer to Enterprise Enrollment, we mean either an Enterprise Enrollment or an Enterprise Select Agreement. Please check only one of the applicable boxes in Section 1 below. Note: all affiliates acquired after the effective date of this enrollment that are not party to an Enterprise Enrollment of their own will automatically be included unless you fill in Section 2 below. i You and all affiliates. (ii) [ ] You and thefollowing affiliates will be participating. 1. 2. 3. 4. 5. 6. NOTE: If more than 6 affiliates are being included, attach list of names on separate piece of paper.) (iii) [ J You and all affiliates, except the o %Ing affiliates, will be participating: 1. 2. 3. 4. 5. 6. OTE: If more than 6 affiliates are being excluded, attach list of names on separate piece of r. Section 2: Unless you check the box below, all affiliates acquired after the effective date of this enrollment that are not party to an Enterprise Enrollment of their own will automatically be included. [ ] Exclude all affiliates acquired after the effective date of this enrollment that are not parry to an Enterprise Enrollment of their own. 2. Designated Languages You will use the enterprise and additional products in the language category specified below. Please mark one box below with an "X" for the language category of your choice. "Listed languages" means any of the following localized language versions: Chinese Simplified, Chinese Traditional, Czech, English, Greek, Hebrew, Hungarian, Korean, French Canadian, Japanese, Polish, Portuguese (Brazil), Russian, Turkish, Thai and if this enrollment is signed in Latin America, then Spanish. "All languages" means (i) all of the languages in the listed languages category above, and (ii) all of the restricted languages below. "Restricted languages' means Danish, Dutch, Finnish, French, German, Italian, Norwegian, Portuguese (Portugal), Spanish, Swedish, Arabic and, if the enrollment is signed in Austria, Belgium, Denmark, France, Finland, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, United Kingdom, Switzerland, Sweden, or Spain, then English becomes a restricted language. X Listed Languages All Languages Microsoft Enterprise Enrollment (MSL[) 0.1 (North American) October 15, 2000 Note: By electing the listed language category you may use a maximum of 100/a of the copies of any product in the restricted languages. Enterprise Order Form Page 5 of 14 02-1276 Enterprise Order Form 3. Language Allocation You estimate in good faith that you will use the enterprise and additional products in the languages and percentages specified below (if more space is needed, please attach on a separate sheet): Laneuaee Versions Percentages % 4. Enterprise Product Licenses The prices stated below are for your reference only. Your price and payment terms for all products ordered will be determined by agreement with your chosen reseller. a. Initial Order for Enterprise Products (To be completed by Microsoft or reseller) The price of the enterprise licenses for the initial order will be billed to your reseller in annual installments. The first installment will be invoiced upon submission of the order; the remaining installments will be invoiced at each anniversary of the effective date of this enrollment. Qualified Desktops: You represent that the total number of qualified desktops in your enterprise is, or will be increased to this number, during this enrollment. (This number must be equal to at least 500 desktops.) You must choose the Enterprise Desktop Professional Platform or at least one of the individual enterprise products by checking the boxes below. (You may choose more than one of the individual enterprise products.) This choice must be made before selecting any of the additional products listed in section 5a below. Currency Microsoft Enterprise Enrollment (MSLI) 0.1 Enterprise Order Form Pagef 14 (North American) October 15, 1000 6 o 02-1276 (a) (b) = (a) * number of (c) = (b) * 3 year term qualified desktops above Enterprise Product Annual enterprise product Per desktop Annual enterprise product Total enterprise product price price price Office Professional Office Standard Windows Desktop Operating System Upgrade BackOffice CAL Core CAL Windows Server CAL Exchange Server CAL Systems Management Server CAL Microsoft Enterprise Enrollment (MSLI) 0.1 Enterprise Order Form Pagef 14 (North American) October 15, 1000 6 o 02-1276 Enterprise Order Form SQL Server CAL SharePoint Portal Server CAL Note: Because all operating system licenses provided under this program will be upgrade licenses, you agree that all new or replacement qualified desktops acquired during the term of this enrollment on which you will run the Windows operating system will be licensed for one of the following from the desktop's Original Equipment Manufacturer: Windows 95, Windows 98, Window NT Workstation, Windows 2000 Professional, or successor products to Windows 2000 Professional. b. Enterprise True up Orders for Enterprise Products (To be completed by Microsoft or reseller) The price of the enterprise licenses for any true up order will be billed to your reseller upon submission of your order. True up orders must be submitted within 15 days following the anniversary of the effective date and expiration or termination of this enrollment. Currency Please complete the table below for the enterprise products selected in section 4(a) above. Enterprise Product First anniversary per desktop price Second anniversary per desktop price Subsequent anniversary per desktop price Office Professional Office Standard Windows Desktop Operating System Upgrade BackOfrrce Client Access License Core Client Access License Windows Server Client Access License Exchange Server Client Access License Systems Management Server Client Access License SQL Server Client Access License SharePoint Server Portal Aftcrosoft Enterprise Enrollment (M8LI) v5.1 Enterprise Order Form Page 7 q(14 (North American) October 15, 2000 02-1276 Enterprise Order Form Server Client Access License Note: Because all operating system licenses provided under this program will be upgrade licenses, you agree that all new or replacement qualified desktops acquired during the term of this enrollment on which you will run the Windows operating system will be licensed for one of the following from the desktop's Original Equipment Manufacturer: Windows 95, Windows 98, Windows NT Workstation, Windows 2000 Professional, or successor products to Windows 2000 Professional. c. Subsequent Orders for Enterprise Products The price of the enterprise licenses for any subsequent enterprise product order placed prior to the first anniversary will be billed to your reseller in annual installments. The first installment will be invoiced upon submission of the order; the remaining installments will be invoiced at each anniversary of the effective date of this enrollment. The price of the enterprise licenses for any subsequent enterprise product order placed after the first anniversary will be billed to your reseller upon submission of your order. 5. Additional Product Licenses (To be completed by Microsoft or reseller) The prices stated below are for your reference only. Your price and payment terms for all products ordered will be determined by agreement with your chosen reseller. The price of the additional product licenses for the initial order in section 5(a) below and any additional product licenses ordered prior to the first anniversary of the effective date will be billed to your reseller in annual installments. The first installment will be invoiced upon submission of the order; the remaining installments will be invoiced at each anniversary of the effective date of this enrollment. Subsequent orders of additional products placed after year 1 will be invoiced in total upon submission of the order. a. Initial Order for Additional Products (To be completed by Aficrosoft or reseller) Currency You may choose to license additional products by entering the names of and quantities for the products of your choice in the table below. For alist of the available additional products, please contact your reseller. You may choose more than one additional product. Please enter the appropriate quantity of licenses for each additional product you choose to license. If you choose to license more than 10 additional products, attach a list of names and quantities for the remaining products on a separate piece of paper. Additional Products (a) Quantity (b) Annual additional product per license reference price (c) _ (a) * (b) Annual additional product reference price (d) _ (c) * 3 year term Total additional product reference price Microsoft Enterprise Enrollment (M3LI) v5.1 Enterprise Order Form Page 8 of 14 (North American) October 15, 2000 U2-i2'7b Additional Products (a) Quantity Enterprise Order Form (b) Annual additional product ver license reference price (c) = (a) * (b) Annual additional product reference price (d) = (c) * 3 year term Total additional product reference price l fi—ojt Enterprise Enrollment (MSCI) v5.1 Enterprise Order Form Page 9 of 14 (North American) October 15, 2000 02-1276 Enterprise Order Form 6. Initial Product Order Total for the Enterprise and Additional Products Chosen in 4a and 5a above (To be completed by Microsoft or reseller) Currency Aficrosoft Enterprise Enrollment (MSLI) v5.1 Enterprise Order Form Page 10 of 14 (North American) October 15, 2000 02-12761 Annual enterprise and additional product reference price 1 Initial Enterprise Product Order Total from 4a 2 Initial Additional Product Order Total from 5a 3 Grand Total 3=1+2 Aficrosoft Enterprise Enrollment (MSLI) v5.1 Enterprise Order Form Page 10 of 14 (North American) October 15, 2000 02-12761 Enterprise Update Statement ENTERPRISE AGREEMENT NUMBER ENROLLMENT NUMBER COMPANY NAME ENROLLMENT ANNIVERSARY DATE An Enterprise Update Statement must be submitted ONLY if the number of qualified desktops for the enterprise products has not increased as of any of the anniversary dates of your Enterprise Enrollment. If there has been an increase in the number of qualified desktops for the enterprise products, please submit an order to your reseller. I agree that there has been no increase in the number of qualified desktops for the enterprise products in my enterprise. Statement completed by: Name of Company Authorized signature Contact Name (please print) Title Date Submit an original to: Your reseller Microsoft Enterprise Enrollment (ACLI) YJ.l Enterprise Update Statement Page 11 of 14 (North American) October 15, 2000 02-1276 Reseller Information Form (Reseller should complete the following sections.) 1. General information Reseller Headquarter Information Distributor Infnrmatinn /ifannlirahipl Reseller Company Name Distributor Company Name Headquarters Street Address and/or post office box Headquarters Street Address and/or post office box City and State / Province and Postal Code City and State / Province and Postal Code Country Country Contact Name Contact Name Phone Number Phone Number Fax Number Fax Number Email Address Email Address 2. Billing information for enterprise and additional product coverage (To be filed in for customers with 500-4,999 desktops ONLY. A Channel Price Sheet will be supplied by Microsoft for customers with 5,000 and greater desktops.) a) Direct partner purchase order number: b) Part number and price information for enterprise and additional product license coverage: Insert "me table below the Microsoft part number and price information to be billed for the enterprise product desktops and additional product quantities entered in Parts 4a and 5a of the Enterprise Order Form and by language selected in Part 2 of the Enterprise Order Form. c) Priee list month (the month of the price list the prices listed below are from): Currency Microsoft Enterprise Enrollment (MSLI) 0.1 (North American) October 15. 2000 Reseller Information Form Page 12 of] 4 0-2-127 V Microsoft Pan Number Microsoft Enterprise Enrollment (MSLI) v5.1 (North American) October 15, 2000 Reseller Information Form to Product I Offering I Price I Purchase I Usage I Quantity Language Level Unit Country Reseller Information Form Page 13 of 14 02-1276 Reseller Information Form Please note: Billing currencies are limited to the currencies Microsoft accepts in a given country. Microsoft accepted billing currencies are stated, by country of enrollment, in the table below. The currency selected for this enrollment will apply for the entire term of this enrollment including the extensions. Currency Accepted in Country US Dollars United States, Latin America, Asia (except Japan, Korea, and Taiwan), Greece, Eastern Europe, Middle East, Africa Canadian Dollars Canada Australian Dollars Australia New Zealand Dollars New Zealand EURO Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Spain, Switzerland, Sweden, and United Kingdom Danish Krone Denmark Japanese Yen Japan Korean Won Korea Norwegian Krone Norway Pound Sterling United Kingdom Swiss Franc Switzerland Swedish Krona Sweden Taiwan Dollar Taiwan The above price levels for the initial order will be extended to reseller for the term of this enrollment. The price of the enterprise licenses and additional product licenses will be billed in annual installments. The first installment will be invoiced upon submission of the order, the remaining installments will be invoiced at each anniversary of the effective date of this enrollment. Signature acknowledges that the above price level and country of usage information has been reviewed and agreed to by the reseller, subject to the terms and conditions of its agreement with the licensing Microsoft affiliate. Reseller by signing below, acknowledges that it has read this enrollment (including any amendments to it), and reseller acknowledges that pursuant to the terms of this enrollment, the enrolled affiliate may have rights to terminate this enrollment under certain circumstances, or reduce the number of qualified desktops covered in ways that may reduce the total enterprise and additional product price. The undersigned confirms that the Reseller and Distributor information is correct. Name of Reseller: Name of Distributor (if appropriate): B B (Signature) Name: (Signature) Name: (Printed) Title: (Printed) Title: (Printed) Date: (Printed) Date: Aficrosoft Enterprise Enrollment (MSL!) 0.1 Reseller Information Form Page 14 of] 4 (North American) October 15. 2000 02--1276 HARD TINDER STATE OF FLORID.. CONTRACT NO. 255-001-01-1 ITEM: Microsoft Enterprise Platform Products DEPARTMENT: ITDNarious City Departments REASON: The Department of Information Technology has a need for Microsoft Enterprise Platform Products to reduce the overall costs associated with City's software infrastructure while at the same time ensuring that the City's workforce has access to the latest advancements in desktop software technology. RECOMMENDATION: Approval is recommended for execution of an Enterprise Select Agreement for Microsoft enterprise platform products with Microsoft Corporation or its contracting affiliate, for a term of three (3) years, awarded under existing State of Florida Contract No. 252-001-01-1, effective through January 31, 2004, subject to any extensions thereto by the State of Florida, for the Department of Information Technology, at an estimated first year cost not to exceed $475,000, with the remaining years subject to cost adjustments based upon the addition of new PC workstations and servers; allocating funds therefor from existing Capital Projects, Account code No. 311608, existing grants, various departmental operating budgets, requiring budgetary approval of the funds from individual departmental accounts prior to usage, and the Law Enforcement Trust Fund, as such funds are approved by the chief of police and are in compliance with the U.S. Department of the Treasury's "Guide to Equitable Sharing". �,� O,raa) Michael A. Rath Acting Director of Purchasing t< < Dov Date AwwdStateConbwu 02-1276