HomeMy WebLinkAboutReso 2013-2048 RESOLUTION NO. 2013- --4►0 q g
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
APPROVING AGREEMENTS WITH MICROSOFT FOR COMPUTER
SOFTWARE LICENSING, ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AGREEMENTS AND TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City is in need of updating its current Microsoft Licensing due to
changes in its computing environment, as well as the need to upgrade to current software
products; and
WHEREAS, these agreements will allow staff to implement current Microsoft server
products and upgrade 100 of the City's desktop computers to the current version of Microsoft
Office; and
WHEREAS, the City wishes to enter into a three-year Enterprise Agreement and Select
Plus Agreement with Microsoft, attached hereto as Exhibit"A"; and
WHEREAS, staff has recommended purchasing the software licenses through Software
House International ("SHI") via a piggyback contract with the State of Florida No. 252-001-09-1.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreements. The City Commission hereby approves the three-year
Enterprise Agreement and a Select Plus Agreement with Microsoft for the purpose of obtaining
Microsoft Software products, attached hereto as Exhibit"A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute
said Agreements and to do all things necessary to effectuate this Resolution.
Section 3. Effective Date. The Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 18th day of April 2013.
orman S. Edelcup, Mayor
R2013-Microsoft License Agmts Page 1 of 2
a
,
ATTEST:
G . /9A\
f
Jane A. Hines,
CM ' City Clerk
r.
APPROVED AS TO FORM
4,10'1 E t'• f SUFFICIENCY:
an•V tti et, C ty Attorney
Moved by: V 1 CA- r A- t p,0
Seconded by: OIDYYWYNISS.IMPJEZ Wall 0
Vote: 5—(D
Mayor Edelcup ✓ (Yes) (No)
Vice Mayor Aelion ✓ (Yes) (No)
Commissioner Gatto / (Yes) (No)
Commissioner Levin V (Yes) (No)
Commissioner Scholl ,V (Yes) (No)
R2013-Microsoft License Agmts Page 2 of 2
Microsoft° I Volume Licensing
Enterprise Enrollment — Custom State and Local
Enterprise Enrollment number ID Proposal
(Microsoft to complete) P K451
Previous Enrollment number Earliest expiring previous
(Reseller to complete) Enrollment end date 1
ThlstEn olln nt must beat chime 5to a g u a foim_ to be`valit
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This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature
form as of the effective date. Enrollment Affiliate represents and warrants it is the same Customer, or an
Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature
form.
This Enrollment consists of: (1) these terms and conditions, (2)-the:terr eof the Enterprise Agreement
identified on the signature form, (3) the Product Selection For,'rri,•(4)_anyl°s(iPplemental contact information
form or Previous Agreement/Enrollment form that may be:required,Many order'submitted under this
Enrollment. This Enrollment may only be entered into under•a 201 1 or later Ent prase;=Agreement.
•All terms used but not defined a ocated at http://www microsoft.com/Ilcensl a/contractsWhie event of
any conflict the terms of thisragreement control a �A
r
Effective date If Enrolled irAffi liate•is-renewing Software Assurance or Subscri tion Licenses from one or
V
more previo ;Enrollment's or•
us agreements, then..the.effective date wllll be the:day.after the:first prior
Enrollment or.agreement_expires, or terminates ;Otheriitise7Jth effectiiveldate will bey the date this
Enrollment is accepted by Microsoft. :If renewingiSoftwaretAssurance, he Reseller,wills`need to insert the
previous enrollment or agreement number and endydat�in the respective boxes above.
k
Term. This Enrollment will expire on the last day of the month 36.full calendar months from the effective
date unless otherwisejenewed. Any reference in this Enrollment to"day"will be a calendar day.
Product order. The'Reseller will provide Enrolled Affiliate with.EnrolledAffiliiate's Product pricing and
orde l.:races;antl�billing terms for all Products ordered will be determined,by_agreement between Enrolled
Afliatedand""the Reseller.The Reseller will provide Microsoft with the_Order separately from this
Enrollment. •
Prior Enrollment(s). If renewing Software Assurance or Subscription Licenses from another Enrollment
or agreement, the previous Enrollment or agreement number and end date must be identified in the
respective boxes above. If renewing from multiple Enrollments or agreements, or transferring Software
Assurance or MSDN details, the Previous Agreement/Enrollment form must be used.
Terms and Conditions
1. Definitions.
Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The
following definitions are used in this Enrollment:
"Additional Product" means any Product identified as such in the Product List and chosen by Enrolled
Affiliate under this Enrollment.
EA2011EnrGov(US)SLG(ENG)(Ju12011) Page 1 of 14
Document X20-02113 CI B
Microsoft ' Volume Licensing
"Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the
Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are
treated as Online Services, except as noted.
"Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise
Product in the Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products
may only be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this
program.
"Expiration Date" means the date upon which the Enrollment expires.
"Industry Device" (also known as line of business device) means any device that: (1) is not useable in its
deployed configuration as a general purpose personal computing device (such as a personal computer),
a multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs
an industry or task-specific software program (e.g. a computer-aided design program used by an architect
or a point of sale program) ("Industry Program"). The device may include features and functions derived
from Microsoft software or third-party software. If the device performs desktop functions (such as email,
word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal
finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry
Program functionality; and (2) must be technically integrated with.,:the Industry Program or employ
technically enforced policies or architecture to operate only when used with the Industry Program
functionality.
"Qualified Device" means any personal desktop computer; portable computer workstation, or similar
device that is used by or for the benefit of Enrolled Affiliate s Enterprise s It does not Include: (1) any
computer that is designated as a server and not used as personal computeerf(2)san9=Industry Device,
(3) any device running an embedded operating system•(e.g., Windb,Phone 7gthatidoesinot;access a
virtual desktop infrastr uctu�re, •oi' (4)zany. device that siS•not managed and/or controlled4e)ther--tdirectly or
indirectly by Enrolled ff hate sf Enterprise '€Enrolled°Affil iate'may Include!as, a Qual fed Device any
device which would be,•excluded`above..(e g , I
• ;ndustry Device)
"Qualified User" means;a,person.(e.g , employee ,consultant„contingent t ff)`who (1) isra user of a
Qualified Device, or (2) accesses any server software'requiring-anEnterprise Product Client Access
License or any Enterprise Online Service. It does not Include a�person who eccesse's server software or
an Online Service solely under a License identified in the Qualified User exerrmptions in the Product List.
"Reserved License” means for an Online Service identified as.eligible for•true-ups in the Product List, the
means
License reserved by..,Enrolled Affiliate prior to use and for which Microsoft will make the Online Service
available-for-activation.
Transition =means the conversion of one or more License`td.:or from another License(s): Products
ellg b for Transition and permitted Transitions are identified in the Product List.
"Transition' Period" means the time between the Transition and the next Enrollment anniversary date fo`r
which the Transition is reported.
2. Purpose.
This Enrollment enables Enrolled Affiliate's Enterprise to obtain, or subscribe to, Licenses for Enterprise
Products, Enterprise Online Services, and Additional Products. Enrolled Affiliate may choose between
on-premise software and Online Services as well as the ability to transition Licenses to Online Services
while maintaining Enterprise-wide coverage. Additionally, Enterprise Online Services may be purchased
without Enterprise-wide coverage.
3. Product Use Rights, Qualifying Systems Licenses and Transitions.
In addition to applicable terms of the Enterprise Agreement, the following terms apply to this Enrollment:
EA2011 EnrGov(US)SLG(ENG)(Ju12011) Page 2 of 14
Document X20-02113
I
J
Microsoft° I Volume Licensing
a. Product Use Rights. For Enterprise Products, if a new Product version has more restrictive
use rights than the version that is current at the start of the applicable initial or renewal term
of the Enrollment, those more restrictive use rights will not apply to the Enrolled Affiliate's use
of that Product during the term.
b. Qualifying systems Licenses. The operating system Licenses granted under this program
is upgrade Licenses only. Full operating system Licenses are not available under this
program. If Enrolled Affiliate selects any Desktop Platform, Windows Desktop Operating
System Upgrade, or Windows Intune, all Qualified Devices on which Enrolled Affiliate expects
to run the Windows Desktop Operating System Upgrade must be licensed to run, and have
installed on them, one of the qualifying operating systems identified in the Product List. Note
that the list of operating systems that qualify for the Windows Desktop Operating System
Upgrade varies with the circumstances of the order. That list is more extensive at the time of
the initial order than it is for some subsequent orders and system refreshes during the term of
this Enrollment. Exclusions are subject to change when new versions of Windows are
released.
For example: The following are not considered qualifying operating systems: (1) ANY
Windows Home or Starter edition; (2) Embedded Systems; and (3) Linux. These are
examples of exclusions only and may change. Please-.-see Product List for all current
qualifying operating systems. "
c. Transitions.The following requirements apply to$Tran§itions
(i) Licenses with active Software Assurance or Subscription Licenses may „be Transitioned
at any time if permitted in the Product ,(*::, While Enrolled Affiliate may Transition any
time, it will not3be�`"able to reduce Licenses,or associated Software Assurance prior to the
end of the Transition Period •s
(n) If.a Transition is made back ao=a License that had actlue Software Assuranceas ofe the•date rof Transition, then Software'Assurance will n ed to bed,re ordered for all such
Licenses on a prospective basis`following the Transition Period Software Assurance
coverage may not exceed the quantitkofepe penal Licenses for which Software
Assurance was current at the time;of any.,pnor Transition_ Software Assurance may not
be applied to Licenses transferred by EnrolledsAffiliate Yi*::-
(iii) If a device-based License is Transitioned`to'auser-based License, all users of the device
must,belcensed as part of the Transition.-
•
F �(iv)mlf a user-based License is Transitioned to a•device-based License ll devices accessed
- :by the user must be licensed as part of the Transition.
d. Effect of Transition on Licenses. Transition will not affect` Enrolled Affiliate's rights in
perpetual Licenses paid in full.
(i) New version rights will be granted for perpetual Licenses covered by Software Assurance
up to the end of the Transition Period.
(ii) For L&SA not paid in full at the end of the Transition Period, Enrolled Affiliate will have
perpetual Licenses for a proportional amount equal to the total of installments paid versus
total amounts due (paid and payable) for the Transitioned Product.
(iii) For L&SA not paid in full or granted a perpetual License in accordance with the above or
Subscription Licenses, all rights to Transitioned Licenses cease at the end of the
Transition Period.
4. Pricing.
a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all
Products ordered under this Enrollment are subject to Section 2(e)(i) of the Enterprise
EA2011EnrGov(US)SLG(ENG)(Ju12011) Page 3 of 14
Document X20-02113
TO:
VIA:
FROM
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
The Honorable Mayor and City Commission
Christopher J. Russo, City Manager
Derrick L. Arias, Chief Information Officer
4/18/2013
Microsoft Licensing Agreements
RECOMMENDATION:
It is recommended that the City Commission adopt the attached resolution
authorizing the City Manager or designee to execute a Microsoft Select Plus
Agreement , and to enter into a three year Microsoft Enterprise Agreement, for
the purpose of obtaining Microsoft Software products.
REASONS:
The City is in need of updating its current Microsoft Licensing due to changes in
its computing environment, as well as the need to upgrade to current software
products . These agreements will allow the City to implement current Microsoft
server products and upgrade 100 of the City's desktop computers to the current
version of Microsoft Office.
ADDITIONAL INFORMATION:
This agreement has no monetary value. The licenses will be purchased through
Software House International ( "SHI ") via the State of Florida piggyback contract
no. 252- 001 -09 -1. Below is a cost breakdown for each license agreement by
Fiscal Year.
The Select Plus Agreement payment for FY12 is $41,757.06;
The Enterprise Agreement payment for FY12 is $6737.76;
The expected Enterprise Agreement payments for FY13 and FY14, before
Agenda Item No. 10H
Date 11182013
200
annual true up, will not exceed $6737.76;
FUNDING SOURCE:
Funds will be paid directly to Software House International ( "SHI ") and are
budgeted and available under the Information Technology Budget, 10- 559 -5643.
ATTACHMENTS:
a Resolution
• Enterprise Agreement
• Select Plus Agreement
Agenda Item No. 101-1
Date 4/18x013
201