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Home My WebLink AboutCOW 2016-12-12 Item 4E - Agreement - 2017-2019 Microsoft Enterprise Software Renewal for $108,000COUNCIL AGENDA SYNOPSIS ---------------------------- - - - - -- Initial r Meelin Date Prepared by Ma or' i � rep ew Council review 12/12/16 IT EMERNEALUM ITEM NO. 4.E. & Spec 2.F. 'IVA ISTAPT'SPONSOR: JOSEPH TODD IORIGIN,i1,A(,,I3NI)ADA-I'l.-,": 12/12/16 A(,, FNDA In,"m Trri-j',' Authorize the Mayor to sign and approval to spend $108,000 already budgeted for 2016 to renew the Microsoft Enterprise Agreement for another 3 year term ending in 2019 CATEGORY ❑ Discussion Mt g Dale 12112116 Motion Mtg Date 12112116 ❑ Resolution Atg Dale ❑ Ordinance Aftg Dale ❑ Bid.Award At g Date F-I.Public Hearing Afig Dale F-1 Other Mt g Date SPONSOR ❑ Council [:] Mayor ❑ HR ❑ DCD [].Finance [:].Pire E IT ❑ P&R ❑ Police ❑ PIF1 , SPONSORI, S Council is being asked to authorize the mayor to sign the 2016 Microsoft Enterprise summ'\Ry Agreement for another three year term ending in 2019. It has been a great benefit for the City to have all installations of Microsoft Office standardized, allowing for better collaboration and increased efficiency when collaborating on important documents internally between staff and externally with contractors and business contacts. The agreement has also allowed the city to transition to Office 365 cloud based capabilities. RBXiEW]-J) BY ❑ cow mtg. [:] CA&P Cmte E F&S Cmte [:] Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 12/06/16 COMMIT TEE Cl-TAIR: SEAL RECOMMENDATIONS: SPONSC)R/At)MIN. Mayor's Office/TS Department COMMA -I'EE FS 12/06/16; Forwarded to 12/12 C.O.W. COST IMPACT / FUND SOURCE ExPVNDITURIs' M,1'QLJ[RF'D AMOUNT BUDGETED APPROPRIATION REQUIRED $108,000 $108,000 $0 Fund Source: SOFTWARE 000.12.518.880.49.01 Comments: MTG. DATE RECORD OF COUNCIL ACTION - 12/12/16 MTG. DATE ATTACHMENTS 12/12/16 Informational Memorandum dated 12/06/16 Microsoft EA Agreement (4 Documents) Enterprise Agreement Spread sheet from Software One itemizing the cost Minutes from the Finance and Safety Committee meeting of 12/6/16 'IVA rp-a n. MC City of Tukwila Allan Ekberg, Mayor TO: Finance and Safety Committee FROM: Joseph Todd, Director of Technology and Innovation Services CC: Mayor Ekberg DATE: 12/06/2016 SUBJECT: Microsoft License Renewal ISSUE Our Microsoft Enterprise License Agreement (EA) has expired and it's time to renew. Our last renewal took place in November of 2013 and it was for a three-year term. BACKGROUND The Council authorized the Mayor to sign our second Enterprise Agreement (EA) with Microsoft in 2013, which allowed for the continued licensing and versioning standardization of Microsoft products on all City computers. The 2013 - 2016 purchase was funded through the IT general budget, and money was set aside in the 2016 budget in anticipation of the renewal. DISCUSSION It has been a great benefit for the City to have all installations of Microsoft Office standardized, allowing for better collaboration and increased efficiency when collaborating on important documents internally between staff and externally with contractors and business contacts. The agreement has also allowed the city to transition to Office 365 cloud based capabilities extending our collaboration abilities even further with tools like SharePoint, OneDrive, and cloud based productivity tools like (Word, PowerPoint, and Excel). This renewal will allow the EA to continue for the next three-years and support the City's Strategic Plan goal of a high performing and effective organization. We will be able to continue installing the latest versions of Microsoft software and operating systems as they become available, and have the additional capabilities of Office 365 cloud based tools. FINANCIAL IMPACT: The total financial impact is $108,000 including tax. RECOMMENDATION Council is being asked to forward this renewal agreement to the December 12, 2016 Committee of the Whole Meeting and Consent Agenda to follow the same evening. ATTACHMENTS Microsoft Enterprise agreement contract (4 documents) Enterprise agreement Spread sheet from Software One itemizing the cost. 59 AM r Microsoft Previous Enrollment(s) /Agreement(s) Form Entity Name: City of Tukwila Contract that this form is attached to: State Local Government For the purposes of this form, "entity" can mean the signing entity, Customer, Enrolled Affiliate,, Government Partner, Institution, or other party entering into a volume licensing program agreement. Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s), and /or Affiliate Registration(s) being renewed or consolidated into the new contract identified above. a. Entity may select below any previous contract(s) from which to transfer MSDN subscribers to this new contract. Entity shall ensure that each MSDN subscriber transferred is either properly licensed under the new contract or is removed. b. Entity may select below only one previous contract from which to transfer the Software Assurance (SA) Benefit contact details, i.e., benefits contact (not the SA manager) and the program codes, to this new contract. c. An Open License cannot be used to transfer either the SA Benefit details or MSDN subscribers. d. The date of the earliest expiring Enrol lment/Agreement that contains SA or Online Services will be the effective date of the new contract (or SA coverage period for Select Plus). e. Please insert the number of the earliest expiring Enrollment/Agreement with SA or Online Services in the appropriate fields of the new contract. PrevEnrAgrForm (VWV)(ENG)(Apr20l6) Page 1 of 1 61 62 Microsoft Enterprise E ^ ro'^TeM+ Enterprise Enrollment number (Microsoft mcomplete) Previous Enrollment number (Reseller to complete) 8940112 State and Local Framework ID (if applicable) This Enrollment must be attached to a signature form to be valid. ThisPWiorosoftEnbarpriaaEnvo||mentioenteredintobotweentheentiUeoasident�-- he -�gnaturefonn as of the effective date. Enrolled 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 terMs'of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4),,-the-Product Terms, (5) the Online Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (7) any order submitted, under-this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions',of th'e Enterprise Agreement. All terms used but not defined are located at http://www.Microsbft.com/licensing/contracts. In the event of any conflict the terms of this Agreement control. Effective date. If Enrolled Affiliate is renewing Software, Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expi ration, "Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to "anniversary date" refers to the anniversary of the effective date of thle applicable initial or renewal term for each year this Enrollment is in Term. The initial term ofthie-Enno|kBentwill expire on the last day of the month. 36 full calendar months from the effective date of the,initisx,term. The renewal term will expire 3G full calendar months after the effective date of the renev�dterrn� - - - ^�Conditions �� 1. 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 Terms and chosen by Enrolled Affiliate under this Enrollment. "Community" means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer's regulatory requirements. Ea2018EnrGm4US)SL6(EN{)(Nvv2O16) Page 1 of 10 Document X20-10634 Membership in the Community is ultimately at Microsoft's discretion, which may vary by Government Community Cloud Service. "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product Terms 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 Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must 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. "Federal Agency" means a bureau, office, agency, department or other entity of the United "States Government. "Government" means a Federal Agency, State /Local Entity, or Tribal Entity acting in its governmental capacity. "Government Community Cloud Services" means Microsoft Online Services that `are provisioned in Microsoft's multi- tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800 -145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms. "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. "Managed Device" means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms. "Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure ( "VDI "). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled,, Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate's Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. "Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified _Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. "Reseller" means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post- transaction assistance related to this agreement; "Reserved License" means for an Online Service identified as eligible for true -ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. EA2016EnrGov (US)SLG(ENG)(Nov2016) Page 2 of 10 Document X20 -10634 •, "State /Local Entity" means /1> any agency ufa state or local government in the United 8batem, or (2) any United States county, borough' uommonwoalth, chv' municipality, town, hownahip, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's state's jurisdiction and geographic boundaries. "Tribal Entity" means o federally-recognized tribal entity performing tribal governmental functions and eligible for funding and aen/imas from the U,S. Department of Interior by virtue of its status as an Indian "Use Rights" meano, with respect to any licensing program. the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site. The- � Rights supersede the terms of any end user license agreement (on-screen or otherwise) that -- accompanies a Product. The Use Rights for Software are published byK8iorosoftin the Product Terms. - for Online Services are published in the Online Services Terms. "Volume Licensing 8it*" means http://www.micnoeoft.nom/|ioenoing/contnacta or successor -� _ . -�� __ -- - 2. Order requirements. a. Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order mu Tn-- at least 250 Licenses for Enterprise Products nr Enterprise Online Services. (i) Enterprise it t Enrolled Affili Qualified Users or Qualified Devices, depending on:,'the License Type, with one or more Enterprise Products or a mix of Enterprise- Prdduc ' ts and the corresponding Enterprise Online Services (as long as all Qualified ' Devices 'hot covered by a License are only used by users covered with a user License). (ii) Enterprise Online Services only. , If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services. b. Additional Products. Upon Affiliate may order Additional Products. -. Use Rights for Enterprise ~ 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 Enrolled Affiliate's use of that Product during that term. -' Country — of us Affiliate ^ ^'~~^s,~~^/ the countries where ^'~~^~^~ will be used on its | any additional orders. e. ReaeUers. Enrolled Affiliate must choose and maintain a ReaoUorouthohzed in the United States. ' Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled '.'�'Affili6ie determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term "price" refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. t Adding Products. (i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or ReseUer. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Sorvioes, an initial order for the Online Service is required prior to use. EA2016En 18) Page 3nf1O Document X20-10634 (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order. Additional Licenses for Online Services must boordered prior to use. unless the Online Services are (1) identified as eligible for true-up in the Product Terms or(2) included as part of other Licenses. 0. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts for any changes since the initial order or last order. If there are no ohanges, then an update statement must be submitted instead ofa true-up order. (i) Enterprise Products. For Enterprise Producto, Enrolled Affiliate must determine the number ofQualified Devices and Qualified Users (if ordering timethetrue-upond*riop|acedundmuatonderadditione|Licenaenfora(]ua|— d -- UDevices and Qualified Users that are not already covered by existing Licens i any Enterprise Online Services. (ii) Additional Products. For Additional Products that have been previously — —ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order. the last, true-up, order. or the prior anniversary date and submit true-up order that accounts for any increase. (iii) Online Services. For Online Services identified as,eligible, fo r true-up in the Product Terms, Enrolled Affiliate may place o reservation ords�f��the additional Licenses prior to use and payment may be deferred i| order. Microsoft will provide o report of Reserved Licenses ordered but not invoiced to Enrolled Affiliate and its Rose||er. Reserved Licenses will be invoiced retroactively to the month in which they were ordered. - -- (iv) Subscription License nmductko ns. ,~,'_|�d Affiliate may reduce the quantity of Subscription Licenses at the Enrollment 'anniversary date on a prospective basis if permitted in the Product Terms, as follows: 1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or, exceeds thd- quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses) identified on the Product Selection Form, and includes any additional,Qualifibd Devices and Qualified Users added in any prior true-up orders. Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services that are not a part of an Enterprise-wide purchase, Licenses can be reduced as long as the initial order minimum requirements are 3) For'Additional Products available as Subscription Licenses, Enrolled Affiliate may use of the applicable Subscripdc . jxan"=wi||becan'eUec.-' then —'-'--�'�--'-- will be adjusted to reflect any reductions in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of true-up order if, -�� since the initial order or last true-up order, Enrolled Affiliate's Enterprise: (1) has not changed the number ofQualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. (vi) True-up order period. The true-up order or update statement must be received by Microsoft between SD and 30 days prior to each Enrollment anniversary date. The third- year true-up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate sA2010EnnGm4US)SoG(ewG)(mov2U18) Page 4nf10 Document X20-10634 may submit true-up orders more often to account for increases in Product usage, but an annual true-up order ur update statement must still be submitted during the annual order period. (vii)Late true-up order. If the true-up order or update statement is not received when due. Microsoft will invoice ReoeUer for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, aeapp|icab|e). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up toa higher edition or suite osfollows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process. --- ��r (ii) If step-up Licenses are not included on an initial order ' Enrolled A_ �n- a ge,-n' .ay step-up initially by following the process described in the Section titled "Adding d to not previously ordered," then for additional step-up Licanoee, by following the true-up order process. L C|ehoe| errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this EnroUm*ni, by providing emai| and a reasonable opportunity for Enrolled Affiliate to object to the coneoU�n� Clerical errors include minor miotakes, unintentional additions and omissions. This,- vision does not apply to material terms, such oe the identity, quantity or price ofa, Prod red. _ - '. Verifying compliance. Microsoft may, in its discretion at its expense, verify compliance with this Enrollment as set forth in the EntarpriedAOreeUnent. 3. Pricing. _ _ a. Price Levels. For both the initial and any, renewal henn Enrolled Affiliate's Price Level for all Products ordered under thi's Enrollment will be Level "D" throughout the term of the Enrollment. b. Setting Prices. Enrolled Affiliat each Product or Service will be established byits Resell Reseller. Except f Online, ated in the Product Terms as being exempt from fixed pricing, As long Enrolled Affiliate continues to qualify for the some price |evo|. Microsoft's prices for,Resell rs for each Product or Service ordered will be fixed throughout the applicable initial or'ren Enrollment term. Microsoft's prices to Rese||ers are reestablished ot the beginning of the msnewa|term. 4. Payment � For the initial oE renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment, term. If an upfront payment is e|eoted. Microsoft will invoice Enrolled Affiliate's RenoUeriofuU-u acceptance of this Enrollment. If spread payments are e|eobsd, unless indicated otherwise, K8�rosoftvvi|| invoice Enrolled Affiliate's Reoe||arin three equal annual installments. The first instaUment will be invoiced upon Microsoft's acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 5. End of Enrollment term and a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. Ex2816EnxGovUG)GuG<EwG;(wu,2U16) Page 5of10 Document X20-10634 b. Renewal option. At the Expiration Date of the initial term. Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36-mondh tonn orbvsigning a new Enrollment. Microsoft must receive a Renewal Fonn, Product Selection Funn, and nonevve| order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates toentorinto new agreements and Enrollments otrenewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. |f Enrolled Affiliate elects not to renew Software Aoe for Produotunder�sEnroUment.dhenEnroUedA�|iotewiUnotbepann�edhoo Software Assurance later without first acquiring a new License with Software Assuranc -- (ii) Online Services eligible for an Extended Term. For Online Services e for an Extended Term in the Product Terms, the following options are available'at the end of the Enrollment initial or renewal term. I-�' 1) Extended T Licenses for Online Services with the terms of the Enrollment. An extended term feature that allows'Online Services to continue month-to-month ("Extended Term") for up to one year, unless designated in the Product Terms to continue until cancelled, is available. During the Extended Term, Online Services will be invoiced monthly at,the then ' -current published price as of the Expiration Date plus a 3% administrativ6'f6b,,, If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a "eequest to Microsoft at least 30 days prior to the Expiration Date. 2) during the first year of the Extended Term, Enrolled 8ff|||ote may termlinate the Extended Term by submitting a notice of cancellation to Microsoft fur,ea Service. Thereaftar, either party may terminate the Extended ing the other with a notice ofcancellation for each Online Service. Conou||edonxvi||bee�ecdveat the end of the month following 3U days after ��iunoaofthe�received�r issued the notice. � (iii) Subscription Liconsesemd-6n|ine Services not eligible for on Extended Term. If Enrolled Affiliate elects not toren'ew, the Licenses will be cancelled and will terminate as of the Expiration Dat&,,Any,,ass66iated media must be uninstalled and destroyed and Enrolled Affiliate's,,� Enterprise must discontinue use. Microsoft may request written certification to verify, compliance. d. Termination fmrl,,nau��Any termination for cause of this Enrollment will be subject to the "Termination - section of the Agreement. In addition, it shall be a breach of this Enrollment, if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Comm drGemices fails to meet and maintain the conditions of membership in the definition ofC6'mmunity. e. _ Early termination. Any early termination of this Enrollment will be subject to the "Early Ter8InatiVn^GaotionoftheEnterprioeAgnaemenL _ -�--�� For Subscription Limanaeo, in the event ofa breach by Microsoft, orif Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue ResnUera credit for any amount paid in advance for the period after termination. 6. Government Community Cloud. a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Semices, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services byan entity that is not a member of the Community or to provide services to non-Community members is strictly EA2016En 10) Page Gof1O Document X20-10634 prohibited and could result in termination of Enrolled Affiliate's license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non-Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. � d. Use Rights for Government Community Cloud Services. For Government — Community Cloud Services, notwithstanding anything to the contrary in the Use Rights: �---�� (i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, ea set forth in the Use Rights, will not,aIpply. - (iii) References to geographic areas in the Use Rights with respect to,the � location ofCustomer Data at nyst, as set forth in the Use Rights, refer only totheL)nihsd States. _ - -- -— _ -- -- - _ _ _ _ -- - _ _ -� _ _ Ex2016EnxGvvUS)SL8(ENE)(Nnv20l5) Page ruf1U Document X20-10634 Enrollment Details 1. Enrolled Affiliate's Enterprise. a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate's Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: * Enrolled Affiliate only ❑ Enrolled Affiliate and all Affiliates ❑ Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise): ❑ Enrolled Affiliate and all Affiliates, with following Affiliates) excluded: b. Please indicate whether the Enrolled Affiliate's Enterprise will include all new Affiliates acquired after the start of this Enrollment: Exclude future Affiliates 2. Contact information. Each party will notify the other in writing if any of the.information in the following contact information page(s) changes. The asterisks ( *) indicate required fields. By. providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https:// www. microsoft .com /1icensinq /servicecen.ter; a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)* City of Tukwila Contact name '* First Joseph Last Todd Contact email address* Joseph.Todd @TukwilaWA.gov Street address* 6200 Sounthcenter Blvd City *,,Tukwila State %Province* WA Postal code* 98188-2544 - (For U.S. addresses, please provide the zip + 4, e.g. xxxxx -xxxx) Country* United States Phone* 206 - 433 -7150 Tax ID * indicates required fields b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping -up prior to a true -up order. EA2016EnrGov (US)SLG(ENG)(Nov2016) 70 Page 8 of 10 Document X20 -10634 Z Same an primary contact (default ifno information ia provided below, even if the box ionot checked). Contact name* First Joseph Last Todd Contact email address* Jooeph.Todd@Tukwi|aVVA.Qov Street address* 62O0SounthoantarBlvd City* Tukwila Stote/Provinoe°VVA Postal code* Q8188-2544- (For U.S. addressea, please provide the zip +4. e.g. xxxxx-xxxx) Country* United States Phone* 206-433-7150 Language preference. Choose the language for notices. English — O This contact is a third party (not the Enrolled Affiliate). Warning: This�o0ntaotreceives personally identifiable information of the Customer and its Affiliates. ^indicates required fields c. Online Services Manager. This contact ioauthorized to ma - -- Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior too true-up order. _ Fl Same an notices contact and Online Administrator if no information is provided below, even if box is not checked) Contact name*: First Joseph Last Todd Contact email address* Joseph.Tndd@Tukwi Phone* 206-433-7150 O This contact ia from a third party organization the entity\. Warning: This contact receives personally identifiable information ofthejentt6-- °indicates required fields d. Reseller information. Reseller contact for this Enrollment is: Reseller company name* SoftwareONE, Inc. Street address (PO boxes,will,not beaccepted)* O875 Crossroads Circle, Suite 1 City* Waukesha State/Province* WI Postal code* 531,86-4063 Country* United, ' States Contact name,* M'S* Admin Phone* 262-317-5555 Contact email, ' amoress'ms-aomm.us@so/mvananne.nom * indicates required fields By, signing below, the Resekar identified above confirms that all information provided in this Enrollment is correct. _ _ - Signature*__ Printed name* Printed title* Date* °indicmtem required fields Changing oReow|or. |f Microsoft or the Resakar chooses ho discontinue doing business with each other, Enrolled Affiliate must choose a replacement ReseUer. |f Enrolled Affiliate orthe Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the EA2016EnpGmv(US)SL6(ENE)(wo,2O16) Page 8nf1V Document X20-10634 other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. |f Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. (}bho/mi*e, the notices contact and Online Administrator remains the default. (i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager (CSM)contact 3' Financing elections. |sa purchase under this Enrollment being financed through W1SFinancing? OYas; 9 If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft. _ - -- - -- --- — - -- _ __ -- _ - -_ -_ - _ _ _ _ _ ex2015enxGuvUG>SLG(ENG)<Nm2ul6; Page 1Vo/1O Document X20-10634 M Microsoft Volume Licensing Amendment to Contract Documents Enrollment Number Microsoft to Complete 000 - jorob -s -1587 This amendment ( "Amendment ") is entered into between the parties identified on the attached program signature form. It amends the Enrollment or Agreement identified above. All terms used but not defined in this Amendment will have the same meanings provided in that Enrollment or Agreement. Enterprise Enrollment Yammer for GCC Amendment ID M318 This amendment ( "Amendment ") is entered into between the parties identified on the signature form for the enrollment identified above ( "Enrollment "). All terms used but not defined in this Amendment will have the same meanings provided in the Enrollment. The parties agree that the Enrollment is amended as follows: 1. Defined terms. "Yammer Enterprise" means the multi- tenant service offering, Yammer Enterprise,;. as described in the Product Terms. 2. Additional Rights to Yammer Enterprise. Customer or Enrolled Affiliate has purchased user subscription licenses ( "USLs ") under the Enrollment for at least one of the following Office 365 for Government offerings ( "Qualifying Office 365 -G Suites "). • Office 365 Government E1 (formerly G1) • Office 365 Government E3 (formerly G3) • Office 365 Government E4 (formerly G4) Following its execution of this Amendment, each of Enrolled Affiliate's users assigned to a USL for a Qualifying Office 365 -G Suite is entitled to use Yammer Enterprise for the duration of the USL subscription term, at no additional cost, subject to the terms and conditions of this amendment. Enrolled Affiliate may also purchase Yammer Enterprise USLs from its Reseller, for its other users who are not licenses for a Qualifying Office 365 -G Suite, by ordering additional Yammer Enterprise USLs at the then - current price for such USLs. Enrolled Affiliate may not assign any Yammer Enterprise USLs provided at no additional cost under this Amendment to any users that are not assigned to a Qualifying Office 365 -G Suite. Microsoft's provision of Yammer Enterprise under the Enrollment will be subject solely to the terms of the Enrollment, Agreement, Online Services Terms and Product Terms that are applicable to Yammer Enterprise, except as otherwise provided in this Amendment. Yammer Enterprise is provided in a "public cloud," not in a "community cloud," as such terms are defined in NIST Special Publication 800 -145. It is neither part of, nor a component of, Office 365 for Government. In the event that Microsoft integrates Yammer Enterprise features or functionality into any Office 365 for Government Online Service, Microsoft makes no representation or warranty that Enrolled Affiliate will be able to migrate its Customer Data from Yammer Enterprise to Office 365 for Government, nor that any such migration (if possible) will be performed by Microsoft at no cost. 73 |n order to provide Yammer Enterprise to eligible uoersofUua|ifvingOffice3O5-GSuitesatnoaddhiona| cost as set forth above. Microsoft will invoice Enrolled Affiliate's ReseUer for the applicable SKU at $0, for a quantity of Yammer Enterprise not to exceed, in aggregate, the total number of Licenses Enrolled Affiliate has purchased for Office 3O5-GSuites. Enrolled Affiliate may be required to issue apurchase order to its Reaa||er for this. In the event that Enrolled Affiliate adds more U8Lo for Qualifying Office 365-G Suites to its Enterprise during the remainder of the Enrollment's term, it may request additional Yammer Enterprise USLo for the users of such Suite USLs, butwill not be entitled to any credit or refund for amounts paid for Yammer Enterprise U8Ls for any such users before they became licensed for Qualifying [)ffioo 365-G Suites. Such addition may require Enrolled Affiliate to execute an additional Amendment, which will be consistent with the terms and conditions of this Amendment. It is the intent of Microsoft that the terms of this omendment, and the provision of Yammer Enterprise at $0 (for the limited purpose set forth abovu), be in compliance with all applicable federal, state and local laws and regulations. All Products are provided under this Amendment for the sole use and benefit of Enrolled Affiliate for its government functions only, and are not provided for use by or personal benefit of any government employees. This Amendment shall automatically terminate upon any termination or expiration of the Enrollment. In addition, Microsoft shall have the right to immediately terminate this Amendment in the event Customer breaches any obligation in this Amendment. Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment and any provision in the Enrollment orAgreement identified above, this Amendment shall control. , ` � ^ ` w v^ ~ ' _' v Enterprise Enrollment (Indirect) Invoice for Quoted Price Amendment ID M97 Notwithstanding anything to the contrary or in addition to any terms in the Enrollment, the Enrollment is hereby amended to add the following paragraph: The price quoted to Enrolled Affiliate's Reseller is a fixed price based on an estimated order submission date. Microsoft will invoice Enrolled Affiliate's Reseller based on this fixed price quote. If this order is submitted later than the estimated order submission date, Enrolled Affiliate's Reseller will be charged for net new Monthly Subscriptions (including Online Services) for the period during which these services were not provided. Pricing to Enrolled Affiliate is agreed between Enrolled Affiliate and Enrolled Affiliate's Reseller. Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment and any provision in the Enrollment or Agreement identified above, this Amendment shall control. Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment and any provision in the Enrollment or Agreement identified above, this Amendment shall control. This Amendment must be attached to a signature form to be valid. Microsoft Internal Use Only: EnrAmend Yammer.for GCC ENG Ju12015 M318 B EnrAmend Ind InvoiceforQuoted Price) (EN G) A r2016 M97 `B 75 Enterprise Enrollment Product Selection Form Proposal ID 0548038.002 Language: English (United States) Microsoft I Volume Licensing Enrollment Number Office 365 Plans Office 365 Plan E3 USL 430 Client Access License (CAL), Enterprise CAL ECAL Bridge for Office 365 From SA 430 Windows Desktop Windows Enterprise OS Upgrade 330 Windows VDA 10 Price Group 1 2 3 4 Enterprise Products Office Professional Plus + Client Access License + Client Access Win E3 + Win E5 + Office 365 ProPlus + Office Office 365 (Plans E1, E3, License + Windows Win VDA + Secure 365 (Plans E3, E4 and E5) + E4 and E5) + Secure Intune + EMS USL + Productive Secure Productive Enterprise Productive Enterprise Secure Productive Enterprise Enterprise Quantity 430 430 0 340 Product` Offering;/ Pool Price Level Enterprise Products and Enterprise Online Services USLs: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Groups 1 through 4. D Additional Product Application Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 1. D Additional Product Server Pool: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Group 2 or 3. D Additional Product Systems Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 4. D 76 Page 1 of 2 Enterprise Enrollment Product Selection Form Microsoft I Volume Licensing Unless otherwise indicated in the associated contract documents, the price level for each Product offering / pool is set as described above, based upon the quantity to price level mapping below: Quantity of Licenses and Software Assurance Price Level 2,399 and below A 2,400 to 5,999 B 6,000 to 14,999 C 15,000 and above D Note 1: Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be purchased. Note 2: Unless otherwise indicated in associated Agreement documents, the CAL selection must be the same across the Enterprise for each Profile. Note 3: Enrolled Affiliate acknowledges that in order to use a third party to reimage the Windows Operating System Upgrade, Enrolled Affiliate must certify that it has acquired qualifying operating system licenses. The requirement applies to Windows Enterprise OS Upgrade.See the Product List for details. I Note 4: Enrolled Affiliate acknowledges that in order to use a third party to reimage the Windows Operating System Upgrade, Enrolled Affiliate must certify that it has acquired qualifying operating system licenses. See the Product List for details. Note 5: If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price level for Additional Products in the same pool will be price level "A" throughout the term of the Enrollment. Refer to the Qualifying Government Entity Addendum pricing provision for more details on price leveling. Page 2 of 2 77 ONE* In %F f Software Quote Quoted by Jan Edwards, Software One, 20875 Crossroads Circle Ste 1 , Waukesha, Wl 53186-4093 Phone 406-295-4548, janice.edwards@softwareone.com Quoted to: City of Tukwila Date 1112912016 MS EA Renewal Important: Please provide the email address of the recipient designated to receive a Software One "order confirmation" Quantity Part # Description Unit Price Ext. Price 430 AAA-12436 ECALBrdg0365FSA Alng MonthlySub Platform Per User $ 28.75 $ 12,362.97 430 AAA-1 1924 1MVL 0365GovE3fromSA ShrdSvr ALNG SubsVL PerUsr $ 154.32 $ 66,357.60 1 J5U-00004 AzureMntryCmmtmntG ShrdSvr ALNG SubsVL MVL Commit Provision $ - $ - 330 KV3-00353 WINENT ALNG SA MVL Pltfmn $ 35.56 $ 11,734.99 10 4ZF-00033 VDA ALNG SubsVL MVL Pltfrm PerDvc $ 59.77 $ 597.72 2 7NQ-00292 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic $ 578.97 $ 1,157.94 16 9EP-00208 SysCtrDatactrCore ALNG SA MVL 2Lic CoreLic $ 48.52 $ 776.35 8 9EN-00198 SysCtrStdCore ALNG SA MVL 2Lic CoreLic $ 18.09 $ 144.72 24 9EA-00278 WinSvrDCCore ALNG SA MVL 2Lic CoreLic $ 125.00 $ 3,000.00 8 'T _6 9EA-00279 WinSvrDCCore ALNG SASU MVL 2Lic WinSvrStdCore CoreLic $ 248.36 $ 1,986.92 9EM-00270 WinSvrSTDCore ALNG SA MVL 2Lic CoreLic $ 18.09 $ 289.44 430 7LU-00002 YammerEnt ShrdSvr ALNG SubsVL MVL PerUsr $ - Product-total $ 98,408.65 Sub-Total $ 98,408.65. Tax Need to add WA Sales Tax $ Shipping No Charge Total $ 98,408.65 M Finance and Safety Committee Minutes .............................................................................. ............................... December 6, 2016 the records and ensure the right processes are in place going forward. The position is temporary and the City will be 90% reimbursed, or $50,827.50. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 12, 2016 SPECIAL CONSENT AGENDA. D. 2016 Second Quarter Cash and Investment Report Staff presented the 2nd Quarter Cash and Investment Report for 2016, including information on the City's portfolio components, performance, policy compliance and liquidity analysis, fund cash and investment balances, and investment environment. At June 30, 2016, the portfolio totaled $54.5 million comprising $43.4 million in cash and cash equivalents and $11.1 in longer term investments. The portfolio balance increased by $1.9 million from the March 31, 2016 balance. INFORMATION ONLY. E. 2016 Third Quarter Sales Tax Report Staff presented the 2016 3rd Quarter Sales Tax and Miscellaneous Revenue Report, including details on retail sales tax, gamblingtax, and admissions tax revenues with sale tax broken out by industry classifications. Total sales tax collections for the 2nd quarter were $270K below those for the same period last year. INFORMATION ONLY. F. 2016 Third Quarter Police Department Report Staff updated the Committee on Police Department items of significance that occurred during the 3rd quarter of 2016. The information included a staffing update, highlights, and crime statistics. The Committee requested location information on the robberies that occurred in the 3rd quarter. Councilmember Kruller asked how Tukwila has been affected by the regional opioid crisis. At this time, overdose deaths have not significantly increased in Tukwila but drug addiction is a likely factor in property and auto related crimes. INFORMATION ONLY. III. MISCELLANEOUS Microsoft License Renewal Staff is seeking Council approval to renew the Microsoft Enterprise License Agreement for an additional three -year term in the amount of $108,000. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 12, 2016 COMMITTEE OF THE WHOLE AND SPECIAL MEETING. Budget Amendment Relating to Public Safety Bond Issuance Staff requested an addition to the December 12, 2016 Committee of the Whole agenda of an ordinance to amend the 2016 budget to reflect costs of the issuance of the Public Safety Bonds. If agreed to by the Committee, staff will prepare an ordinance and memo for the agenda. UNANIMOUS APPROVAL. i' •