HomeMy WebLinkAboutR-2002-100 I
i
i RESOLUTION NO. 2002-100
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA
AUTHORIZING THE CITY MANAGER TO PURCHASE
MICROSOFT LICENSES FOR CITY COMPUTERS UNDER
THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT
SERVICES CONTRACT NO. 255-001-01-1, WITHOUT
COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT
FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection (J), authorizes the City Manager to purchase supplies, services, equipment
and materials for the city government in amounts in excess of Fifteen Thousand Dollars
($15,000.00) without competitive bidding and without advertisement for bids if he is
authorized to do so in advance by a resolution adopted by the City Commission and if
such purchases are made pursuant to a competitive bid obtained within the last twelve
(12) months by other governmental agencies such as the Federal) Government, State of
Florida or a Florida county or municipality; and
WHEREAS, the City Manager has determined that it is necessary to purchase
Microsoft licenses for City computers in an amount not to exceed $23,097.00 ; and
WHEREAS, the City Manager has determined that such purchase can be made at
the least cost to the City by purchasing such licenses under a State of Florida
Department of Management Services Contract, No. 255-001-01-1, a copy of which is
attached and made a part of this resolution as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the City Manager is authorized to purchase Microsoft licenses
for City computers under the State of Florida Department of Management Services
Contract, No. 255-001-01-1 in an amount not to exceed $23,097.00.
1 RESOLUTION NO. 2002-100
Section 2. That all resolutions or parts of resolutions in conflict with this
resolution shall be repealed to the extent of such conflict.
Section 3. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED and ADOPTED this 9th da of July, 2002.
RO RT H. CH N, JR
MA OR — COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
ARLENE J ON COMMISSIONER MIKES - YES
• CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS TO FOR AND CORRECTNESS:
BY:
T ,OMAS 1. AN�BR
CITY ATTORNEY
2 RESOLUTION NO. 2002-100
For Microsoft Internal Use Purposes
Enrollment Number cl\'Z.l.o�}�Z
Reseller Must Complete the Following
Customer Purchase Order Number (0 05
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, anv 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
C VTY (sr— DA-W(A BEAU-" MSLI,GP
Street Address and/or post office box Street Address and/or post office box
I CCW• E)EA17-4 51-\1b • 6100 Neil Road
Suite 210
City and State/Province City and State/Province
t)Al`iIQ SEAL" R- Reno,NV
Country and Postal Code Country and Postal Code
LA CA 3300 4 USA 89511-1137
Contact Name
vERIJ Jog tlSbhl
Phone Number(((454) q a Phone Number
-4���3� 775-823-5600
Fax Number // Fax Number
775-826-7287
Email Address Email Address
`nknshn do.6b i 6-ac.�1 .'n-cis Selquest@ microsoft.com
For t5e Attention of: For the Attention of.
Dept.551,Volume Licensor
The enrollment and attached documents should be sent to the
above address for approval and Erocessing.
Customer Notices Information(if different from above) All NOTICES should have Copy To:
Company Name
Microsoft Corporation,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 99052
Contact Name
Phone Number
Fax Number
425-936-7329
Email Address
Microsoft.com
For the Attention of For the Attention of
Volume Licensina 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 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 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 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
anv 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 100,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:
C1 MSLI,GP
By: / B /V
jf ature (Stgnature)
eT �F��tFS1V Name:Name: /A Slaw
0 (Printed) VOWU 777177i1 s a r
Title: C [ l V 1/y�tl A-'A V " IZ
Title:
(Printed) Q (Printed) j
Date: Effective Date: �G
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 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 Confirmation Ship-to Information (If differentfrom address on the cover a e)
Company Name Company Contact Email Address
Street Address Company Contact Language(lfdr/ferent than language of
this agreement)
City and State/Province
Country and Postal Code
Contact Name Microsoft Account Manager Name
Phone Number Microsoft Office Location
Fax Number Microsoft Contact Email Address(ifapplicable)
Initial Fulfillment Kit/CD-ROM Shipment Contact (If di ferent from License Confirmation contact above)
Company Name Contact Name
® Street Address Phone Number
City and State/Province and Postal Code Fax Number
Country Email Address
Microsoft Select Enrollment (A1SL/)v5.1 Shipping Information Form Page 9 of 14
(North American)October 15.2000
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Microsoft Select Enrollment (MSLI)v5.1 Shipping Information Form Page 4 of 14
(North 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`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 the following affiliates x>ill be participating:
I.
2.
3.
4.
5.
6.
(NOTE:If more than 6 affiliates are being included,attach list of names on separate piece of paper.)
(iii) [ ] You and all affiliates,except the following affiliates, will be participating:
1.
2.
3.
4.
5.
6.
(NOTE:If more than 6 affiliates are being,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 patty 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.
X 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(MSL/)0.l Enterprise Order Form Page S of 14
(North American)October 15,2000
•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 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
US Cho
(a) (b)=(a)* number of (c)=(b)* 3 year term
qualified desktops above
Enterprise Product V Annual enterprise
product per desktop Annual enterprise product Total enterprise product
price price price
Office Professional. i '3 Q ` 0 bc) �q ' OD^
Office Standard F lJ (fl
Windows Desktop /�
Operating System Upgrade Li2 2�� 2 1 (0 00
BackOffice CAL f 1 C/O%
Core CAL U o tJIJ `-� �J
Windows Server CAL
Exchange Server CAL
Systems Management
Server CAL
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
Initial Enterprise Product Order
Total:(sum column(b)for the �J�' !'lJl0D
enterprise G products chosen above)
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.
r
urrency ]Los
c)o l 10��5
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 3 r 1 COD )
Office Standard QC l.J { �J
Windows Desktop Operating O
System Upgrade
BackOffice Client Access I 9 G
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 T_
Microsoft Enterprise Enrollment(MSL!)v5.1 Enterprise Order Form Page 7 of 14
(North American)October 15.2000
' 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 Microsoft or reseller)
Currency 5
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 per license product reference price reference price
reference price
x than e Sv I 1 3 d 1 3 19
Std f 3 I i 3°+
Microsoft Enterprise Enrollment(MSLI)vS.l Enterprise Order Form Page 8 of 11
(North American)October 15,2000
•Enterprise Order Form
(a) (b) (c)_(a)*(b) (d)_(c)*3 year term
Additional Products Quantity Annual additional Annual additional Total additional product
product per license product reference price reference price
reference price
Initial Additional Product Order
Total:(sum column(c)for (�
additional products chosen above)
Microsoft Enterprise Enrollment(MSLI)v5.l Enterprise Order Form Page 9 of 14
(North American)October 15.2000
`Enterprise Order Form
6. Initial Product Order Total for the Enterprise and Additional Products Chosen in 4a and 53 above
(To be completed by Microsoft or reseller)
Currency
S p
Annual enterprise and additional product reference price
I Initial Enterprise
Product Order Total � � ODD
from 4a
2 Initial Additional
Product Order Total
from 5a qaa 1
3 Grand Total 3=1+2 n
Microsoft Enterprise Enrollment(MSLI)0.1 Enterprise Order Form Page 10 of 14
(North American)October 15.2000
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
Alicrosojt Enterprise Enrollment(MSLI)0.1 Enterprise Update Statement Page 11 of 1 J
(North American)October 15,2000
Reseller Information Form
(Reseller should complete the following sections.)
1. General information
Reseller Headquarter Information Distributor Information(if applicable)
Reseller Company Name __ f Distributor Company Name
1
Headquarters Street Address and/or post office box Headquarters Street Address and/or post office box
City apd State/Province and Postal Code City and State/Province and Postal Code
S
Country <-- Country
Contact Name L�]I Contact Name
U"FLlmn Ce Y-LQ it'd
Phone Number Phone Number
Fax Number Fax Number
Email Address Email Address
2. Billing information for enterprise and additional product coverage
(To be filled 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 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):
Currency
S
Microsoft Enterprise Enrollment(MSLI)v5.1 Reseller Information Form Page 12 of 14
(North American)October 15.2000
Reseller Information Form
(NOTE.The par,number and price level in formation required below is rovided to the Direct Partner on the Enter rise S Price List.)
Microsoft Part Number Product Offering Price Purchase Usage Quantity
Language Level Unit Country
Microsoft Enterprise Enrollment(AfSLI)0.1 Reseller Information Form Page 13 of 14
(North American)October 15.2000
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(f appropriate):
u ��t
B - B :
(Signature) (Signature)
Name: mr-� Ce e Name: �
(Printed) - II (Printed)
Title: Ll ea Sl InAc- C(Ql I St Title:
(Printed) (Printed)
Date: ( N 02 Date:
Microsoft Enterprise Enrollment(MSLI)0.1 Reseller Information Form Page 14 of 14
(North American)October 15,2000
To be com leted by Microsoft
Microsoft Business Agreement Number U0275474
Microsoft Enterprise Agreement Number 01E50535
Microsoft Enterprise Enrollment Number C111 2(o Z
AMENDMENT TO THE MICROSOFT
STATE AND LOCAL GOVERNMENT ENTERPRISE ENROLLMENT
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 Enrollment
("enrollment") identified above between CrN OF DAmIA 6EACN ,an affiliate of 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 enrollment,as amended.
I. Modifications to the Enrollment.
1. On page two of this enrollment, the representation and warranty that you have 250 or more
qualified desktops is hereby amended as follows:
By signing this enrollment, as amended, you represent and warrant that you have 100 or more
qualified desktops in your enterprise.
2. You hereby agree that notwithstanding anything to the contrary in this agreement, as a condition
of entering into this enrollment with fewer than 250 qualified desktops, you have elected not to
receive free CD ROMs,and therefore no CD ROMs will automatically be shipped to you. If you
would like to receive CD kits and updates,you may order these through your reseller for a fee.
II. Effect of Amendment.
Except as specifically amended by this amendment, all provisions of the enrollment 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. This amendment
should be sent,with your enrollment(after the enrollment is also signed by your reseller),to the following
address:
MSLI,GP
Attn:Dept.551,Volume Licensing
6100 Neil Road,Suite 210
Reno,NV 89511-1137
Customer: Contracting Microsoft Affiliate:
C.VN 01P 'DkV4j# eGACA MSLI,GP
Name of Customer Name of contracting Microsoft affiliate
s y � By
Name,Title � gh- Na
Contract A straw.
Date Date koQ
Prepared by t
FL EE Amendment t 00-249 Desktops Page I
CITY OF DANIA BEACH
MEMORANDUM
TO: Bonnie Temchuk, Assistant to the City Manager
Charles Cook, Technical Support Specialist, Management Information Service
FROM: Tom Ansbro, City Attorney
DATE: July 11, 2002
RE: Microsoft License Agreement
I reviewed the "Microsoft Enterprise Enrollment" document (a fourteen page document
accompanied by a one page "Amendment") given to me at the City Manager's pre-agenda
(City Commission meeting) meeting, held on Monday afternoon, July 8, 2002. Although I saw
Mr. Cook later in the day (at the beginning of the Commission's Workshop meeting regarding
water and sewer planning) and he answered several questions, I have the following remaining
questions:
1) Page one of the document (at the bottom) specifies that the "enrollment will
expire 36 full calendar months from the effective date indicated below unless terminated earlier
as provided in the Microsoft Enterprise Agreement..." Mr. Cook mentioned that nothing in the
agreement is susceptible to revision, because it is a state of Florida contract (which apparently
allows the City, as an "affiliate of the state", to "piggyback" on its arrangements with
Microsoft). If, however, the "Microsoft Enterprise Agreement" (a different document than the
one discussed here) or the "Microsoft Business Agreement" (both of which Agreements are
referenced in the "Enrollment" document) do not provide for the possibility of termination
after a one (1) year term, or the clear ability of the City to terminate after one (1) year, since
approval for only a one (1) year term was sought from the Commission at its July 9, 2002
Commission meeting, then that issue needs to be addressed in writing, in a document signed by
the appropriate Microsoft business entity. I didn't keep copies of those Agreements, although I
Bonnie Temchuk
July 11, 2002
Page 2
believe they were in the initial documents first sent for review. An oral assurance from the
Microsoft or State representatives will not protect the City. Typically, state contracts have a
standard clause that allows the State to, in effect, terminate after a one (1) year commitment.
We will need written assurance that if that is the provision relied upon, that it then also applies
to "affiliates" of the state for the purposes of this "Enrollment" document. Even an "e-mail"
communication from a Microsoft representative, if we print it out and keep it in the file, will
be o.k.
2) As Mr. Cook pointed out, the one page Amendment to the Enrollment form
allows for participation by the City as an "affiliate" of the state if the City can "represent and
warrant that it has 100 or more qualified desktops" in its operations. I believe Mr. Cook
confirmed that the City does have the ability to make that statement.
3) Lastly, the document needs to be "filled out", so that the "math" is calculated to
reach the total one year dollar amount approved by the Commission at the July 9 meeting.
TJA:slw
2
AGENDA REQUEST FORM
CITY OF DANIA BEACH
To :Adminlstratlye=Serulces Department
Prepared By: Bonnie Temchuk Date: 7/3/02
---------------------------------------------------------------------------------------------------------------------------------
Please complete the following items related to your agenda request.
1. Date of Commission meeting: 7/09/02
2. Title: Purchase of Microsoft Licenses for City computers
3. Commission action requested:
Adopt Resolution or Ordinance ® Expenditure ® Award Bid/RFP ❑
Presentation ❑ General approval of item ❑ Continued from meeting ❑
Other(please explain) ❑
4. Summary explanation & background:
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO PURCHASE MICROSOFT LICENSES FOR CITY COMPUTERS UNDER THE
STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CONTRACT NO. 255-
001-01-1, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
5.Attached Exhibits(please list):
1. Contracts
6. List Additional Backup Materials Provided:
7. For purchasing requests only: Fund 0 / Dept. 0 1—'
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Finance Director Approval `
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CITY OF DANIA BEACH
MEMORANDUM
TO: Bonnie Temchuk, Assistant to the City Manager
FROM: Tom Ansbro, City Attorney
DATE: July 3, 2002
RE: Microsoft License Agreement
•
Per your request, I prepared a Resolution authorizing the City Manager to purchase the
licenses, under State of Florida Contract No. 255-001-01-1 (Florida Department of Management
Services). The documents furnished are, however, not clear. Please bear with me on the following.
Three clipped (black binder clips) sets of documents were sent over to me. One clipped set of
documents, top page entitled "Amendment to the Microsoft State and Local Government Enterprises
Enrollment" (a one page document) refers to a "representation" by the party that signs it of having
"100 or more qualified desktops". Clipped behind that document is a ten page document entitled
"Amendment Two to the Microsoft Enterprise Agreement" but it is only drawn to be signed by "the
State of Florida" and a Microsoft company identified as "MSCI, GP". The last document (in that
clipped set of documentation) is a fourteen page document entitled "Microsoft Enterprise
Enrollment", which provides for a three year term (top document), entitled "Amendment to
Microsoft Select Master Agreement".
A second set of other documents separately clipped together starts with a six (6) page
document entitled "Amendment to Microsoft Select Master Agreement", but again it is drawn
to be signed only by the State of Florida, Department of Management Services and a different
Microsoft company, "MSLI, LLC". Following that document is an eight (8) page document
(but showing page numbers on the bottom, starting at number "44" and ending with number
"51") and entitled "Microsoft Education Select Master Agreement". Following that is a 37
page document (but paginated to start at the bottom at page number "3" (?) entitled "Microsoft
Education Select Master Agreement Terms and Conditions" (which, in turn, consists of
separate documents, including an "Amendment to Microsoft Education Select Master
Bonnie Temchuk
July 3, 2002
Page 2
Agreement" (see page "10") a "Microsoft School Agreement" (but now, beginning at page
"16"), and an untitled document (beginning at page number "24"), an "Amendment No. 1 to
Microsoft School Agreement" (beginning at page "27"), a "Microsoft Campus Agreement"
(beginning at page "33"), then, another untitled document (beginning at page "25"), a
"Campus Agreement Student License Confirmation" (beginning at page "28"), an
"Amendment No. 1 to Microsoft Campus Agreement" (beginning at page "30") and a
"Microsoft Duration Select Enrollment Agreement" (beginning at page "36").
The last (third) set of clipped pages has a Florida Department of Management two (2)
page "memorandum" appearing as the first sheet of the clipped set on top, entitled
"Certification of Contract". Attached to it is a document entitled "Special Conditions" (seven
pages of an "Invitation to Bid", referring to a contract to be effective from "April 1, 2000
through March 31, 2002" (?). Following that document is a document entitled "Microsoft
Business Agreement - State and Local", but again, it is drafted to identify only the State
"Department of Management Services" and "MSLI, GP" as the parties. Again a number of
other separately titled documents are included in the clipped set. Most of these also identify
that Department as the party contracting with three different Microsoft companies.
In short, I cannot tell what document(s) need to be reviewed purely for City use. Can
you advise? It may by that the City is permitted to sign a licensing agreement as an "affiliate"
of the State (allowing the City to "piggyback" off the state contract) but I cannot identify what
document(s) the City needs to sign, which specifies the one (1) year term and the payment
amount you mentioned. Perhaps Chuck Cook or Vern Johnson have the details?
If you have any questions, please contact me.
TJA:slw
Attachments
2