Loading...
R02-087 RESOLUTION R 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MICROSOFT ENTERPRISE, FOR SOFTWARE LICENSING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as of August 1, 2002, Microsoft will no longer allow owners of previously purchased products to upgrade those products without a licensing agreement; and WHEREAS, this licensing agreement will prevent the City from being required to re-purchase all of its Microsoft products and services in order to upgrade to the next available release; and WHEREAS, the City Commission, upon recommendation of staff has determined that it is in the best interests of the citizens and employees of the City to enter into an Agreement with Microsoft Enterprise for the software licensing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COIVIlVIISSlON OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute an Agreement between the City of Boynton Beach, Florida and Microsoft Enterprise Agreement being attached hereto as Exhibit "A". Section 2. upon passage. This Resolution will become effective immediately PASSED AND ADOPTED this L~ day of June, 2002. CITY OF BO,'~NTON .BEACH, FLORIDA Commissioner Commissioner For Microsoft Internal Use Purposes Enrollment Number Reseller Must Complete the Following Customer Purchase Order Number Enterprise Agreement Number Microsoft Business Agreement Number 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. ICompany Name Ci-/'l or Street Address and/or post office box City and State / Province Contact Name ~]'~ ~t,~ ~b~ C ~ t0c ~[j~ Phone Number 6-bi. 7 1-¢070 Fax Number Email Address For the A~emion of: Customer Notices Information (if different from above) Company Name Street Address and/or post office box Name and address of contracting Microsoft affiliate MSLI, GP Street Address and/or post office box 6100 Neil Road Suite 210 City and State / Province Country and Postal Code Phone Number Reno, NV Fax Number USA 89511-1137 775-823-5600 775-826-7287 Email Address ~" Selquest~ microsoft.com For the Attention of: Dept. 551, Volume Licensing The enrollment and attached documents should be sent to the above address for approval and processing. /Ill NOTICES should have Copy To: Microsoft Corporation, Law and Corporate Affairs 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 For the Attention of: ~Microsoft.com For the Attention of: Volume Licensing Attomey Term. This emollment 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 1 of 14 (North American) October 15, 2000 (including any qualified desktops for which you are required to submit an order as part of your third anniversary hue 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 term. 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 an~ended, pursuant to Section i0 of the Enterprise Agreement, to permit as few as t00, 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: By: By: ~ ~ (Signatur/e) (Signature) (Printed) C6~ s ator Title: ~ ~O~ Title: Date: ~ ' ~--~ Effective Date: Microsoft Enterprise Enrollment (MSLI) v5.1 Cover Page Page 2 of 14 (North American) October 15, 2000 Shipping Information Form License Confirmations and Select CD-ROM subscriptions will bc shipped to the following address. If thc 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 Confirmation Ship-to Information (If d~fferent,from address on the cover page) Street Address Ci~ and State/Province Comp.any Cont.act Email A$1dress ~ , ., j Company Contact Language (If different than language of this agreement) Country and Postal Code Contact Name Phone Number Fax Number 7 :z. "7o Microsoft Account Manager Name Microsoft Office Location Microsoft Contact Email Address (if applicable) Initial Fulfillment Kit / CD-ROM Shipment Contact (Ifd~/, Company Name £erent,from License Confirmation contact above) Contact Name Street Address Phone Number City and State / Province and Postal Code Fax Number Country Email Address Microsoft Select Enrollment (MSLI) vS. 1 Shipping Information Form Page 3 of 14 (~orth American) October 15, 2000 o 0 © 0 Microsoft Select Enrollment (MSLI) v5.1 Shipping Information Form Page 4 of 14 Worth American) October 15, 2000 Enterprise Order Form 1. Definition of the Enterprise 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 "out". 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. (ii) [ ] You and all qf, filiates. You and the.following affiliates will be participating: (NOTE: If more than 6 affiliates are bein~ included, attach list of names on separate piece of paper.) (iii) [ ] You and all affiliates, except the following affiliates, will be participating: 1. 3. 4. 5. 6. (NOTE: If more than 6 affiliates are bein~ excluded, attach list of names on separate piece of paper.) 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 party 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.  Listed Languages Note: By electing the listed language category you may use a maximum of 10% of the copies of any product in the restricted All Languages languages. Microsoft Enterprise Enrollment (MSLI) v5.1 (North American) October 15, 2000 Enterprise Order Form Page 5 of 14 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): Language Versions 4. Enterprise Product Licenses Percentages IO0 % % 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 [ equalenterprise is, or will be increased to this number, during this enrollment. (This number must be [to at least 500 desktops.) ~0O 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. Icurrency I I (a) (b) = (a) * number of (c) = (b) * 3 year term qualified desktops above Enterprise Product ~/ Annual enterprise product ~ desktop Annual enterprise product Total enterprise product price price price OfficeProfessiona, V~ ~ '~0 q ~,000 2.%q ,o{}O Office Standard Windows Desktop ~r ~ ~ 2 ~ ~ O 0 ~ b~ ~ O0 Operating System Upgrade BackOffice CAL Core CAL Windows Server C~ ~ 'i 0 61000 l ~, O~ ExchangeServorCAL ~; ~ ~ I ~1 ¢00 B~l~ Systems ~anagement Microsoft Enterprise Enrollment (MSLI) v5.1 Enterprise Order Form Page 6 of 14 (North American) October 15, 2000 Enterprise Order Form SQL Server CAL SharePoint Portal Server CAL gOO 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 nme up order will be billed to your reseller upon submission of your order. Tree up orders must be submitted within 15 days following the anniversary of the effective date and expiration or termination of this enrollment. Please complete the table below for the enterprise products selected in section 4(a) above.. Enterprise Product First anniversary per Second anniversary per Subsequent anniversary per desktop price desktop price desktop price Office Professional % a ~' ~. G O ! fl ~' Office Standard Windows Desktop Operating System Upgrade lO ~ (~ ~ 6 3 BackOffice Client Access License Core Client Access License Windows Server Client Access License ~ ~ i ~ ~ ~ Exchange Server Client ~ ~ ~ ~ ~ Access License Systems Management Server CHent Access License ~ ~ ~ ~ q SQL Server Client Access License SharePoint Server Portal ~ ~ ~ ~ ~ ~ Microsoft Enterprise Enrollment (MSLI) vS. 1 ~orth American,) October 15, 2000 Enterprise Order Form Page 7 of 14 Enterprise Order Form Server Client Access LicenSe [ [ I 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 mn the Windows operating system will be licensed for one of the following from the deskt°p'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 enrollmeut. The price of the enterprise licenses for any subsequent enterprise product order placed al2er 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 Microsoft or reseller) ICurrency I I 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 a list 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. (a) (b) (c) = (a) * (b) (d) = (c) * 3 year term Additional Products Quantity Annual additional Annual additional Total additional product product ~er license product reference price reference price reference price Microsoft Enterprise Enrollment (MSLI) v5.1 Enterprise Order Form Page 8 of 14 (North American) October 15, 2000 Enterprise Order Form Additional Products (a) Quantity Annual additional product oer license reference price (c) = (a) * (b) Annual additional product reference price (d) = (c) * 3 year term Total additional product reference price Microsoft Enterprise Enrollment (MSLI) v5.1 (North American) October 15, 2000 Enterprise Order Form Page 9 of 14 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 Annual enterprise and additional product reference price 1 Initial Enterprise Product Order Total from4a [ ~'~ 9~ ~ <~~ 2 Initial Additional Product OrderTotal i I i ~ ~ ~ from 5a 3 Grand Tota, 3=1+2 "] ~' 3)~i 5 Microsoft Enterprise Enrollment (MSLI) v5.1 North American) October 15, 2000 Enterprise Order Form Page 10 of 14 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 (MSLI) vS. 1 Enterprise Update Statement Page 11 of l 4 ~orth American) October 15, 2000 Reseller Information Form 1. General information (Reseller shouM complete the following sections.) Reseller Headquarter Information Res~ller Company Name HeadqUarters Street Address and/or post office box Ci~ and State / ProvinCe and Postal Code Coun~ Contact Name Phone Number Fax Number Email Address Distributor Information (~fap[dicable) Distributor Company Name Headquarters Street Address and/or post office box City and State / Province and Postal Code Country Contact Name Phone Number Fax Number Email Address 2. Billing information for enterprise and additional product coverage (To be filled in for customers with 500-4,999 desktops ONL E A Channel Price Sheet will be supplied by Microsoft for customers with 5,000 and greater desktops.) Direct partner purchase order number: I I Part number and price information for enterprise and additional product license coverage: Insert in the 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) Price list month (the month of the price list the prices listed below are from): ICurrencYI [ Microsoft Enterprise Enrollment (MSLI) v5. I (North American) October 15, 2000 Reseller Information Form Page 12 of 14 Reseller Information Form (NOTE: The part number and l~rice level it formation required below is e Enterprise 5 Price Lis~) Microsoft Part Number Product Offering Price Purchase Usage Quantity Language Level Unit Country Microsoft Enterprise Enrollment (MSLI) vS. 1 (North American) October 15, 2000 Reseller Information Form Page 13 of 14 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 US Dollars Canadian Dollars Australian Dollars New Zealand Dollars EURO Danish Krone Japanese Yen Korean Won Norwegian Krone Pound Sterling Swiss Franc Swedish Krona Taiwan Dollar Accepted in Country United States, Latin America, Asia (except Japan, Korea, and Taiwan), Greece, Eastern Europe, Middle East, Africa Canada Australia New Zealand Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Spain, Switzerland, Sweden, and United Kingdom Denmark Japan Korea NOrway United Kingdom SWitzerland Sweden Taiwan The above phce levels for the initial order will be extended to reseller for the term of tltis 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): ~' { (Signature) (Signature) Name: ;~4i.d'~..d}")Qr'~ ~-Cff"~CL' ~.~~' ~ Name: (Printed,) (Printed,) (Printed.) ,~ (Printed.) Date: ¢ ~ (~]~ Date: Microsoft Enterprise Enrollment (MSLI) v5.1 ~orth American.) October 15, 2000 Reseller Information Form Page 14 of 14 Volume Licensing Customer, Welcome to. the Microsoft VolUme Licensing Program. Enclosed is your copy of your new Volume Licensing Agreement with Microso~, which is now in effect with your company. 'By now. you should have received an email notification from Microsoft regarding acceptance of the terms and conditions of your Volume Licensing Agreement. The email notification contains current contract information such as licensing pools, participant contact information, and more. In addition to the electronic email acceptance letter, you should have received a second email from Microsoft with information regarding an on- line resource for Microsoft Volume Licensing customers. This web resource, called Microsoft Volume Licensing Services (MVLS), contains detailed and confidential information regarding your Microsoft Volume Licensing account, including transaction history, product downloads, and Volume Licensing Product Keys. If you have not received your electronic acceptance notification or MVLS instructions please contact your Large Account Reseller or Enterprise Software Advisor for assistance. Keep this contract in a secure location. It is important that you understand all of the terms and' conditions contained within, and can access the information if questions arise. Thank you, Microsoft Licensing, GP