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HomeMy WebLinkAboutEn Pointe Technologies Inc; 2013-11-20; 01E73134• •• ODD • •••Ll EN POINTE E C H H 0 L En Pointe Technologies, Inc 18701 S. Figueroa Street Gardena, CA 90248-4506 Main telephone: 800-694-4394 Gity of Carlsbad Quote Number:30136865 Creation Date: 11/05/2013 Expiration Date: 11/19/2013 Customer Contact Tina Steffan, Chief Technology Officer Phone; 760-602-2454 Tina.StefFan@carlsbadca.gov Gity of Carisbad 1635 Faraday Ave. Catlsbad, OA . United States, 92008-7314 ***Note:Please review notes on the following Lines: Yearl line 41,42,43, 44, 45, 46, 49, 50, 51, 52. Year2 line 72, 73, 74, 75, 76, 79, 80, 81, 82, 83. Year2 line 103, 104, 105, 106, 107, 108, 111, 112,113, 114. Line 168-Select Plus Quote Summary Summary ttem Totals (USD) total deal value (3 Years) $955,047,46 Toial Credrt Amount 000 Total Pa yment Year 1 $308,022.80 Total Payment Year 2 $323,512.33 Total Pavment Year 3 $323,512.33 CTM SECTION 1 - Licenses and Software Assurance Pricina & Usaae Year 1 Product Description iPartNumber iNet Unit Price (USD) iLlcense lUsaqeCountry 1 Extended Amount (USD) Enterprise WinProw/MDOP ALNG SA MVL PItfmn K4U-00265 $33.23 801 United States $26,617.23 WinProw/MDOP ALNG UpgrdSAPK MVL PItfrm K4U-00266 $42.45 149 United States $6,325.05 EGALBridgeOff365 ALNG LicSAPk MVL PItfrm USrCAL U5J-00O02 $36.58 271 United States $9,913.18 ECALBridgeOff365 ALNG SA MVL PItfrm UsrCAL U5J-00004 $24.09 909 United States $21,897.81 MapPoint Win32 ALNG SA MVL B21-00364 $38.71 1 United States $38.71 Prjct ALNG SA MVL 076-01912 $92.46 43 United States $3,975.78 VisioPro ALNG SA MVL D87-01159 $79.10 53 United States $4,192.30 VSPremwMSDN ALNG SA MVL 9ED-00073 $742.49 3 United States $2,227.47 SharePdihtSvr ALNG SA MVL H04-00268 $962.33 2 United States $1,924.66 SQLCAL ALNG LicSAPk MVL DvcCAL 359-00765 $68.97 13 United States $896.61 SQLCAL ALNG SA MVL DvcCAL 359-00792 $29.56 47 United States $1,389.32 SQLSvrErrtCore ALNG LicSAlPIt MVL 2Lic CoreLic 7JQ-00341 $4,540.88 6 United States $27,245.28 SQLSvrEntCore ALNG SA MVL 2Lic CoreLic 7JQ-00343 $1,946.11 2 United States $3,892.22 SQLSvrStd ALNG LicSAPk MVL 228-04437 $296.31 1 United States $296.31 SQLSvrStd ALNG SA MVL 228-04433 $126.96 5 United States $634.80 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic 7NQ-00292 $507.52 24 United States $12,180.48 SysCtrDatactr ALNG SA MVL 2Proc T6L-00238 $340.38 3 United States $1,021.14 WinRmtDsktpSrvcsCAL ALNG LicSAPk MVL UsrCAL 6VC-01252 $38.50 5 United States $192.50 WinRmtDsktpSrvcsCAL ALNG SA MVL UsrCAL 6VC-01254 $16.52 135 United States $2,230.20 WinSvrDataCtr ALNG LicSAPk MVL 2Proc P71-07280 $2,033.34 1 United States $2,033.34 WinSvrDataCtr ALNG SA MVL 2Proc P71-07282 $871.45 9 United States $7;843.05 WinSvrExtConn ALNG SA MVL R39-00396 $285.79 4 United States $1;143.16 WinSvrStd ALNG SA MVL 2Proc P73-05898 $124.86 80 United States $9,988.80 Total Year 1 payment / ^ * ][ « $i4«i099.40 Invoice Gate: ErvoJImertt Effective Oate or if received after Enroflment Effective Date xspan our acceptance Product Description IPartNumber I Net Unit Price lUSD) 1 Ucense Ouantifir lUsafieCouritiv lExtem^ed Amount tUSD) Enterprise WinProw/MDOP ALNG SA MVL PItfrm K4U-00265 $34.89 801 United Stales 27,946.89 WinProw/MDOP ALNG UpgrdSAPk MVL PItfrm K4U-00266 $44.58 149 United States 6,642.42 ECALBridgeOffSeS ALNG LicSAPk MVL PItfrm UsrCAL U5J-00002 $38.41 271 United States 10,409.11 ECALBridgeOff365 ALNG SA MVL PItfrm UsrCAL U5J-00004 $25.29 909 United States 22,988.61 Additioiiall^^ucts MapPoint Win32 ALNG SA MVL B21-00364 $40.65 1 United States 40.65 Prjct ALNG SA MVL 076-01912 $97.08 43 United States 4174.44 VisioPro ALNG SA MVL D87-01159 $83.05 53 United States 4401.65 VSPremwMSDN ALNG SA MVL 9ED-00073 $779.63 3 United States 2338.89 SharePointSvr ALNG SA MVL H04-00268 $1,010.46 2 United States 2020.92 SQLCAL ALNG LicSAPk MVL DvcCAL 359-00765 $72.42 13 United States 941.46 SQLCAL ALNG SA MVL DvcCAL 359-00792 $31.03 47 United States 1458.41 SQLSvrEntCore ALNG LicSAPk MVL 2Lic CoreLic 7JQ-00341 $4,788.02 6 United States 28608.12 SQLSvrEntCore ALNG SA MVL 2Lic CoreLic 7JQ-00343 $2,043.45 2 United States 4086.90 SQLSvrStd ALNG LicSAPk MVL 228-04437 $311.13 1 United States 311.13 SQLSvrStd ALNG SA MVL 228-04433 $133.31 5 United States 666.55 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic 7NQ-00292 $532,90 24 United States 12789.60 SysCtrDatactr ALNG SA MVL 2Proc T6L-00238 $357.40 3 United States 1072.20 WinRmtDsktpSrvcsCAL ALNG LicSAPk MVL UsrCAL 6VC-01252 $40,43 5 United States 202.15 WinRmtDsktpSrvcsCAL ALNG SA MVL UsrCAL 6VC-01254 $17.34 135 United States 2340.90 WinSvrDataCtr ALNG LicSAPk MVL 2Proc P71-07280 $2,135.05 1 United States 2135.05 WinSvrDataCtr ALNG SA MVL 2Proc P71-07282 $915.04 9 United States 8235.36 WinSvrExtConn ALNG SA MVL R39-00396 $300.08 4 United States 1200,32 WinSvrStd ALNG SA MVL 2Proc P73-05898 $131.10 80 United States 10488.00 Total Year 2 Kayment , $155:499:73 Invoice Date; 1 st Anniversary Dafe • • ' ' , Pnctno & Usaae Y^ar 3 . _ . Product Descrtptior. IPartNumber 1 Net Unit Price (USD) 1 License Quantity 1 Usaae Countrv iF»hmri«rf Am«..„»/H«;n» Enterpng,e WinProw/MDOP ALNG SA MVL PItfrm K4U-00265 $34.89 801 United States $27,946,89 WinProw/MDOP ALNG UpgrdSAPk MVL Pitfrm K4U-00266 $44.58 149 United States $6,642.42 ECALBridgeOff365 ALNG LicSAPk MVL PItfrm UsrCAL U5J-00002 $38.41 271 United States $10,409.11 ECALBrldgeOff365 ALNG SA MVL Pitfrm UsrCAL U5J-00004 $25.29 909 United States $22,988.61 Additiohal Products MapPoint Win32 ALNG SA MVL B21-00364 $40.65 1 United States $40.65 Prjct ALNG SA MVL 076-01912 $97.08 43 United States $4,174.44 VisioPro ALNG SA MVL D87-01159 $83.05 53 United States $4,401.65 VSPremwMSDN ALNG SA MVL 9ED-00073 $779.63 3 United States $2,338.89 SharePointSvr ALNG SA MVL H04-00268 $1,010.46 2 United States $2,020.92 SQLCAL ALNG LicSAPk MVL DvcCAL 359-00765 $72.42 13 United States $941.46 SQLCAL ALNG SA MVL DvcCAL 359-00792 $31.03 47 United States $1,458.41 SQLSvrEntCore ALNG LicSAPk MVL 2Llc CoreLic 7JQ-00341 $4,768.02 6 United States $28,608.12 SQLSvrEntCore ALNG SA MVL 2Lic CoreLic 7JQ-00343 $2,043.45 2 United States $4,086.90 SQLSvrStd ALNG LicSAPk MVL 228-04437 $311,13 1 United States $311,13 SQLSvrStd ALNG SA MVL 228-04433 $133.31 5 United States $666,55 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic 7NQ-00292 $532.90 24 United States $12,789,60 SysCtrDatactr ALNG SA MVL 2Proc T6L-00238 $357.40 3 United States $1,072,20 WinRmtDsktpSrvcsCAL ALNG LicSAPk MVL UsrCAL 6VC-01252 $40.43 5 United States $202,15 WinRmtDsktpSrvcsCAL ALNG SA MVL UsrCAL 6VC-01254 $17.34 135 United States $2,340,90 WinSvrDataCtr ALNG LicSAPk MVL 2Proc P71-07280 $2,135.05 1 United States $2,135,05 WinSvrDataCtr ALNG SA MVL 2Proc P71-07282 $915.04 9 United States $8,235,36 WinSvrExtConn ALNG SA MVL R39-00396 $300,08 4 United States $1,200,32 WinSvrStd ALNG SA MVL 2Proc P73-05898 $131.10 80 United States $10,488,00 Total Ye^r 3 Payment 1 , , $155,499.73 Invoice Date: 2nd Anniversary Date • TOTAL SECTtOlM 1 VALUE YEARS 1-3 I SECTION 2 - Monthly Subscriptions Pricina & Usaae Year 1 Product Description Part Number Usage Inrflratnr Usage start nn«o Unit of Measure Unit Quantity Net Unit License Quantity Usage Country Enterprise Off365PE3 ShrdSvr ALNG SubsVL MVL PerUsr UT6-00005 Adjustable 11/1/2013 Monthly 12 11,27 1,180 United States Additional Products SharePointOnlnPlanI ShrdSvr ALNG SutJsVL MVL PerUsr TVA-00020 Adjustable 11/1/2013 Monthly 12 1,89 15 United States Total Year 1 Payment | Invoice Date: Enrollment Effective Date or if received after Enrollment Effective Date upon our acceptance Pricina & Usaae Year 2 Product Description PartNumber Usage tnriifatnr Usage .<%tart rinta Unit of Measure Unit Quantity Net • init License Quantity Usage Country Enterprise Off365PE3 ShrdSvr ALNG SubsVL MVL PerUsr UT6-00005 Adjustable -Monthly 12 11,84 1,180 United States Additional Products SharePointOnlnPlanI ShrdSvr ALNG SubsVL MVL PerUsr TVA-00020 Adjustable -Monthly 12 1,99 15 United States Total Year2Paymeril ':.'rr.r.....:r:-:. y. • | Invoice Date: ist Anniversary date Pricina & Usaae Year 3 Product Description PartNumber Usage •..-/t:tteii^e;;':;^'.-Unit of Measure Unit Quantity License Quantity Usage Country Enterprise-.., • .^r^^•;-^:-^.,^.••-::i;rv^,::;;;,^^,;Hri^•^ Off365PE3 ShrdSvr ALNG SubsVL MVL PerUsr UT6-00005 Adjustable -Monthly 12 11,84 1,180 United States Additionai Products SharePointOnlnPlanI ShrdSvr ALNG SubsVL MVL PerUsr TVA-00020 Adjustable Monthly 15 United States Total Year 3 Payment Invoice Date: 2nd Anniversary Date TOTAL SECTION 2 VALUE YEARS 1 - 3 TOTAL DEAL VALUE YEARS 1 - 3 '*Note: Per Microsoft, you don't Own SQL Server Enterprise (SA) Server under Enterprise Agreement, and SQL Developer License in only available under Select Plus Therefore, these two products have been quoted under Select Plus undemeath. Select Plus U«:eiise only License Only Description - SQL SERVER only available as license only Part# Qty Total SQLSvrDev 2012 SNGL MVL - Level D - License only E32-00974 8 $23.70 $189.60 Microsoft Volumelicensing Program Signature Form MBA/MBSA number Agreement number 01E73134 000-jorob-s^071 Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. For the purposes of this form, "Customer" can mean the signing entity. Enrolled Affiliate. Government Par&ier. Institution, or other part/ entering Into a volume licensing program agreement This signature form and all contract documents identified in the table below are entered Into-between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contract Document Number or Code , <Choose Agreement> Document Nurftber dr Code <Choose Agreement> Document Number or Code <Choose Agreement> Document Number or^Gode <Choose Agreement> ; ^''^ ''document HWmBrt0K^ik^ ' <Choose Agreement> Document Nurhber Ofi Code ""'^'S-^. „ Enterprise Enrollment X20-0362!t TJ "'fr ' '•^~':?t" " <Choose Enro(lment/Registration> Document i.umiftt^Code ^ <Choose Enrollment/Regi§tration> Document Number OI; Code <Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code Product Selection Form CTM-2 (NEW) Amendment CTM-1 (NEW) Document Description Document Number or Code Document Description Document Number or Code Document Description Document Number or Code By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. I entity name)* City of Carlsbad Name of Entit^f ( Signature* Printed First and iMt Name* Kevin Crawford Printed Title* Interim Gity fvlanager Signature Date* November 20, 2013 Tax ID #95-6004793 APPROVED AS TO FORM indicates required field ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLl(ENG)(Oct2012) Page 1 of 3 Prepared By: Name of Preparer Email of Preparer ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Oct2012) Page 3 of 3 13 "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. ..^^l "Qualified Device" means any device that is used by or for the benefit of En/6|^d^^ffj|iate's Enterprise and is: (1) a personal desktop computer, portable computer,,workstatkjn, or similar device capable of running Windows Professional locally (in a physical or virtual operating system e||^|ment), OR (2) a device used to access a virtual desktop infrastructure ("VDI");, Qualified Davices.-^iic^|9b||jje^r>y. device that is: (1) designated as a sen^^'atfd not used as a personal computer, OR {2yap.\r\(^J^^peym, OR (3) not managed (as defined Irt .the Product List at the start of the applicable Jnlljal or V^vSpA tem of the Enrollment) as part of Enrolled Affiliate's Enterprise. At its option, the Enrqlfed Wtiate rrta^^iesignate any device excluded above (e.g.. Industry Device) as a Qualified Device'for,|| .or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. , p "Qualified User" means a person (e.g., employee, consultant, contingerif 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 List. "Reserved License" means for an Online Service identified as eligible for true-ups in the Product List, the 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 to or from another License(s). Products eligible 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 for 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 Rigtits, Qualifying Systems Licenses and Transitions. In addition to applicable terms ofthe Enterprise Agreement, the following terms apply to this Enrollment: EA2012EnrGov(US)SLG(ENG)(Oct2012) Page 2 of 10 Document X20-03621 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, alt 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 Transitions: (i) Licenses with active Software Assurance or Subscription Licenses may be Transitioned at any time if permitted in the Product List. While Enrolled Affiliate may.Transition any time, it will not be able to reduce Licenses or associated Solfere Assurance prior to the end of the Trarisition Period. (ii) Enrolled Affiliate must order the Licenses to which it is transitioning fc!^ the year(s) following the Transition Period ? . (iii) If a Transition is made back to a License that had ac^ye Software Assurance as of the date of Transition, then Software Assurance will need to be re-ordered for all such Licenses on a prospective basis following the Transition Period. Software Assurance coverage may not exceed the quantity of perpetual Licenses for which Software Assurance was current at the time of any prior Transition. Software Assurance may not be applied to Licenses transferred by Enrolled Affiliate. (iv) If a device-based License is Transitioned to a user-based License, all users of the device must be licensed as part of the Transition. d. (v) If a user-based License is Transitioned to a device-based License, all devices accessed by the user must be licensed as part of the Transition. Effect of Transition on Licenses. Transition wil perpetual Licenses paid in full. not affect Enrolled Affiliate's rights in (i) New version rights will be granted for perpetual Licenses covered by Software Assurance up to the end ofthe 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. EA2012EnrGov(US)SLG(ENG)(Oct2012) Page 3 of 10 Document X20-03621 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 will be, Level "D" throughout the term of the Enrollment. Price Level's will be captured in the Product Selection Form. b. Setting Prices. Enrolled Affiliate's prices for each Product will be established by its Reseller. Microsoft's prices for Resellers are fixed throughout the Enrollment term based upon current prices at the time of the initial order for the Product. This includes the following: (i) Any future pricing (if applicable); and (ii) Prices for Transitions, including any prices related to the use of a Product during the Transition Period (if applicable). Order requirements. a. Minimum Order Requirements. Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. (i) Initial Order. Initial order must include at least 250 Licenses from one ofthe four groups outlined in the Product Selection Form. (ii) if choosing Enterprise Products. If choosing Enterprl^p Products in a specific group outlined in the Product Selection Form, Enrolled Affiliate's ,faja|,.order,must include an Enterprise-wide selection of one or more Enterprise Products or a mix of Enterprise Products and corresponding Enterprise Online Services fortl^^pup. (iii) Additional Products. Upon satisfying the minimum order requirements above„^:Enrolled Affiliatemay order Additional Products. - -fVV\ (iv) Country of Usage. Enrolled Affiliate must specify the <;^ur)tries where Licenses will be used on its initial order and on any additional orders. b. Adding Products. (i) Adding new Products not previously ordered. Enrolled Affiliate may add new Enterprise Products by entering into a new Enrollment or as part of a renewal. New Enterprise Online Services may be added by contacting a Reseller. 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 Services, an initial order for the Online Service is required prior to use. (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products must be included in the next true-up order. Enrolled Affiliate must order Licenses for Online Services prior to use, unless the Online Services are (1) identified as eligible for true-up in the Product List or (2) included as part of other Licenses (e.g.. Enterprise CAL). c. True-up orders. Enrolled Affiliate must submit an annual true-up order that accounts for changes since the initial order or last true-up order, including: (1) any increase in Licenses, including any increase in Qualified Devices or Qualified Users and Reserved Licenses; (2) Transitions (if permitted); or (3) Subscription License quantity reductions (if permitted). Microsoft, at its discretion and as permitted by applicable law, may validate the customer true-up data submitted through a formal product deployment assessment, using an approved Microsoft partner. The true-up order must be received by Microsoft between 60 and 30 days prior to the Enrollment anniversary date. The third-year anniversary true-up order is due within 30 days prior to the Expiration Date. Enrolled Affiliate may true-up more often than at each Enrollment anniversary date except for Subscription License reductions. EA2012EnrGov(US)SLG(ENG)(Oct2012) Page 4 of 10 Document X20-03621 n (I) Enterprise Products. Enrolled Affiliate must determine the current number of Qualified Devices and Qualified Users (if ordering user-based Licenses) and order the License difference (if any), including any Enterprise Online Services. (ii) Additional Products. For Products which have been previously ordered, Enrolled Affiliate must determine the Additional Products used and order the License difference (if any). (iii) Online Services. For Online Services identified as eligible for true-up orders in the Product List, Enrolled Affiliate must first reserve the additional Licenses prior to use. Microsoft will provide a report of Reserved Licenses in excess of existing orders to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retroactively for the prior year based upon the month in which they were reserved. (iv) Late true-up order. If the true-up order is not received when due: 1) Microsoft will invoice Reseller for all Reserved Licenses not previously ordered. 2) Transitions and Subscription License reductions cannot be reported until following Enrollment anniversary date (or at Enrollment renewal, as applicable). the (v) Transitions. Enrolled Affiliate must report all Transitions. Transitions may result in an increase in Licenses to be included on the true-up order and a reduction of Licenses for prior orders. Reductions in Licenses will be effective -at end of the Transition Period. Associated invoices will also reflect this change. For License| paid upfront, Microsoft will issue a credit for the remaining months of Software Assur^nl^ dr Subscription Licenses that were reduced as part of the Transition. , -{ '.^^ (vi) Subscription ;|Li.cense Reductions. Enrolled Affiliate hfi^ red^^, the quantity of Subscription Ucenses on a prospective basis if permitted in the Procl^^lstjas fbjows: 1) For Subscription Licenses part of an Enterprtse-wi4^ comrhltmentrUtJenses rif^ky be reduced if the total quantity of Licenses and Softv^^afef^ssurance for an applicable group meets or exceeds the quantity of Quallfied^DevjIes identified on the Product Selection Form. Step-up Licenses do not count to^lrds this total count. 2) For Enterprise Online Services not a part of an Enterprise-wide commitment, Licenses can be reduced as long as the initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate's use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date. (vii) Update statement. An update statement must be submitted instead of a true-up order if, as of the initial order or last true-up order. Enrolled Affiliate's Enterprise has not: (1) changed the number of Qualified Devices and Qualified Users licensed with Enterpnse Products or Enterprise Online Services; and (2) increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. The update statement must be received by Microsoft between 60 and 30 days prior to the Enrollment anniversary date. The last update statement is due at least 30 days prior to the Expiration Date. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order. Enrolled Affiliate may order according to the true-up process. EA2012EnrGov(US)SLG(ENG)(Oct2012) Page 5 of 10 Document X20-03621 I? (ii) If step-up Licenses are not included on an initial order. Enrolled Affiliate may step-up initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step-up Licenses, by foliowing the true-up order process. (iii) If Enrolled Affiliate has previously ordered an Online Service as an Additional Product and wants to step-up to an Enterprise Online Service eligible for a Transition, the step-up may be reported as a Transition. (iv) if Enrolled Affiliate Transitions a License, it may be able to further step-up the Transitioned License. If Enrolled Affiliate chooses to step-up and the step-up License is separately eligible to be Transitioned, such step-up Licenses may result in a License reduction at the Enroliment anniversary date following the step-up. 6. Payment terms. For the initial or renewal order. Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term. If spread payments are elected, unless indicated othenA/ise, Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and on each 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. 7. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately ;p^pr and pay for Licenses for Products it has used but has not previously submitted anf^'order, except as otherwise provided in this Enrollment. \ f b. Renewal Option. At the Expiration Date, Enrolled Affiliate cans|anew Products by renewing the Enrollment for one additional 36 full calendar month,t|irm ^.signing a new Enrollment. Microsoft must receive a Product Selection Form and ^renewal order prior to or at the Expiration Date. The renewal term will start bn the day following the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make a change to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new Agreements and Enrollments. c. tf Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring L&SA. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product List, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services wili automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month ("Extended Term") is available. During the Extended Term, Online Services will be invoiced monthly at the then-current published price for Enrolled Affiliate's price level as ofthe Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate does want an Extended Term, Government Partner must submit a request to Microsoft. Microsoft must receive the request not less than 30 days prior to the Expiration Date. 2) Canceilation during Extended Term. If Enrolled Affiliate has opted for the Extended Term and later determines not to continue with the Extended Term, Government Partner must submit a notice of cancellation for each Online Service. Cancellation EA2012EnrGov(US)SLG(ENG)(Oct2012) Page 6 of 10 Document X20-03621 n will be effective at the end of the month following 30 days after Microsoft has received the notice. (iii) Online Services not eligible for an Extended Term. If Online Services are not identified as eligible for an Extended Term in the Product List, the. Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance. Customer Data. Upon expiration or termination of a License for Online Services, Enrolled Affiliate must tell Microsoft whether to: 1) disable its account and then delete its Customer Data ("Data Deletion"); or 2) retain its Customer Data in a limited function account for at least 90 days after expiration or termination of the License for such Online Service (the "Retention Period") so that Enrolled Affiliate may extract its Customer Data. 3) ff Enrolled Affiliate indicates Data Deletion, Enrolled Affiliate will not be able to extract its Customer Data. If Enrolled Affiliate indicates it wants a Retention Period, Enrolled Affiliate will be able to extract its Customer Data through Microsoft's standard processes and tools, and Enrolled Affiliate will reimburse Microsoft if there are any applicable costs to the extent allowed by applicable law. If Enrolled Affiliate does not indicate either Data Deletion or a Retention Period,- Microsoft will retain Enrolled Affiliate's Customer Data in accordance with the Retentlo|uJ^ato 4) Following the expiration of the Retention Period, MioPD^ft will disable Enrolled Affiliate'sac^unt and then delete its Customer Data. ' ^'^y 5) EnroHad Affiliate agrees that, other than as described 'al5tove,' Microsoftf has no obligation to continue to hold, export or return Enrolled:/^liate'$fl5i|tome^^ Enrolled Affiliate agrees Microsoft has no liability wfetscpver for <3efetion of Enrolled Affiliate's Customer Data pursuant to these terms. d. Termination for cause. Any termination for cause of this'Enrollment will be subject to the "Termination for cause" Section of the agreement. e. Early termination. Any Early termination of this Enroliment will be subject to the "Early Termination" Section of the Enterprise Agreement. For Subscription Licenses, in the event of a breach by Microsoft, Microsoft will issue Reseller a credit for any amount paid in advance that would apply after the date of termination. EA2012EnrGov(US)SLG(ENG)(Oct2012) Page 7 of 10 Document X20-03621 Enrotlment Details 1. Enrolled Affiliate's Enterprise. Use this section to 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. Enrolled Affiliate's organization includes . Check only one box in this section: M Enrolled Affiliate • Enrolled Affiliate and the following Affiliate(s): • Enrolled Affiliate and all Affiliates, with following Affiliat€(s) excluded:- Please indicate whether the Enrolled Affiliate's Enterprise will include^^11 .nef.Affiliates acquired after the start of this Enroliment: 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/licensinq/servicecenter. 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. Name of entity (must be legal entity name)* City of Carisbad Contact name* First Kerry Last Jezisek Contact email address* kerry.jezisek(gcarisbadca.gov Street address* 1635 Faraday Avenue City* Carlsbad State/Province* CA Postal code* 92008- (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* USA Phone* 760-602-2448 Tax ID EA2012EnrGov(US)SLG(ENG)(Oct2012) Page 8 of 10 Document X20-03621 * 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 for applicable Online Services to add or reassign Licenses, step-up, and initiate Transitions prior to a true-up order. ^ Same as primary contact Name of entity* Contact name* First Last Contact email address* Street address* City* State/Province* Postal code* (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* Phone* Language preference. Choose the language for notices. English O This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required fields c. Microsoft Account Manager. Microsoft Account Manager forthjMfenrolled Affiliate is: Microsoft account n^nager name: < ' . Microsoft account fnanager email address: d. Online Services Manager. This contact is authorized |o manage the OriRne Services ordered under the Enrollment and (for applicable Online Sf|vices) to add br reassign Licenses, step^up, and initiate Transitions prior to a true-up.qrdef Same as notices contact and Online Administrator • Name of entity* Contact name*: First Last Contact email address* Street address* City* State/Province* Postal code* Country* Phone* • This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. * indicates required fields e. Reseller information. Reseller contact for this Enrollment is: Reseller company name* En Pointe Technologies Sales, Inc. Street address (PO boxes will not be accepted)* 1600 Providence Highway City* Walpole State/Province* MA Postal code* 02081 Country* USA Contact name* Stacie Boulay Phone* 508-203-3021 Contact email address* sbouJay@enpointe.com * indicates required fields EA2012EnrGov(US)SLG(ENG)(Oct2012) Page 9 of 10 Document X20-03621 The undersigned confirms that the information is correct. Name of Reseller* En Pointe Technologies Sales, Inc. Signature*, Printed name* Stacie Boulay Printed title* Contracts Manager Date* ujih^ * indicates required fields Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other. Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. f. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Ottierwise, the notices contact and Online Administrator remains the default (i) Additiona] notices contact * , . , (ii) Software Assurance manager i^ i (iii) Subscriptions manager .;*, ' (iv) Customer Support Manager (CSM) contact .. 3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? |sio ' EA2012EnrGov(US)SLG(ENG)(Oct2012) Page 10 of 10 Document X20-03621 sJ If selecting Windows Desktop, Enrolled Affiliate acknowledges the foiiowing: a. The Windows Desktop Operating System Upgrade licenses offered through this Enrollment are not full licenses. The Enrolled Affiliate and any included Affiliates have qualifying operating system licenses for atl devices on which the Windows Desktop Operating System Upgrade or Windows Intune licenses are run. b. In order to use a third party to reimage the Windows Operating System Upgrade, Enrolled Affiliate must certify that Enrolled Affiliate has acquired qualifying operating system licenses. See the Product List for details. Step 3. Indicate new Enterprise Products and Online Services Enrolled Affiliate has selected for optional future use where not selected on the initial enrollment order (above): Products' • Office Pro Plus for Office 365 G • Office 365 (PlanGI) • Office 365 (Plan G2) • Office 365 (Plan G3) • Office ,365 (Plan G4) • Enterprise CAL (ECAL) Step-up, including Bridge CALs • Windows Intune • Windows Intune Add-on ^ Step 4. Establish the EriFoKfS^jAffiltate's Price Level. Enrolled Affiliate musYfirsi9^|int the quantity of Software Assurance and Licenses in each of the groups as described 1^1^^ by using the quantities entereidl in the above table. If Enrolled Affiliate does not Prder an Ent^rpifee Product or Office 365 for Government Online Services associated with an "applicable Product pool, the price level for Additional Products in the same pool wHl be price level "^Tthroughout the term of the Enrollment. Do not include Bridge CALs, corresponding Enterprise Online Service(s), as License quantities are determined by the Products Price Group Qty from above Office Professional Plus + Office Professional Plus for Office 365 + Office 365 G (Plans G2-G4) 1 1180 Client Access License + Office 365 (Plans G1-G4) 2 1180 Client Access License + Windows Intune Add-on G + Windows Intune 3 Windows Desktop Upgrade + Windows VDA + Windows Intune 4 950 Product Offering/Pool Enterprise Products and Enterprise Online Services: Set price level using the highest quantity from Groups 1 through 4 Additional Product Application Pool: Set price levei using quantity from Group 1 Additional Product Server Pool: Set price level using the highest quantity from Group 2 or 3 Additional Product Systems Pool: Set price level using quantity from Group 4 Additional Products may be included on the order, but are not selected on this form. 2 Windows Intune Add-on requires purchase of Windows OS Upgrade or Windows VDA. ^MDOP requires purchase of Windows OS Upgrade, Windows VDA, or Windows Intune. D (0365G-CTM)EA-EASProdSefForm(US)GOVM(ENG)(June 2012) BD Page 2 of 3 This form must be attached to a signatuVe form to be valid. m (O365G-CTM)EA-EASProdSelForm(US)GOVM(ENG)(June2012) BD Page 3 of 3 WBmoso^ Volume Licensing Enterprise Enrollment - Office 365 for Government— Amendment ID (CTM) 000-jorob-s-071(1) For the purposes of this Amendment, "Entity" can mean the signing entity. Customer, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. The following set of Terms applies to Entity when ordering Office 365 for Government Online Services. 1. Definitions: The following definitions are used in this Amendment and apply to documents incorporated by reference: "Office 365 for Government" means Microsoft's family of Office 365 Products that are provisioned in Microsoft's multi-tenant data centers for exclusive use by eligible US Federal, State, Local, and Tribal Government Customers only and offered in accordance with the "community cloud" definition as defined in the National Institute of Standards and Technology (NIST) Special Publication 800-145. 2. Office 365 for Governments Terms For purposes of this Aifjipndment Office sesfor Governmei^t tabte&and^^elow,,contains mappings for Office 3^for Government Online Services and theirequival^^^^esi^nding Office 365 for Eoterprise Online Services ("Equivalent Online Serviq^." ia^^pee'Sll^.for Government Online Service shown below is subject to the sai|ife ternis and edtdtlpnS'ai Its corresponding Equivaleni Online Servtce, except as othfrwise prided in the applicable Product List and this Amendment. Notwithstanding referencs^i^to Transitions and Reserved Licenses Entity's Enterprise Enrollment. Transitipti^ and Resen/ed Licenses are not available at this time for Office 365 for Government through the Volume Licensing Sen/ice Center but may be available through a manual request process using a License Reservation Form to be provided by Microsoft upon request. a. Office 365 for Government component Online Services- Equivalent Online Services Mapping Remainder of page intentionally left blank (CTM)EnrAmend(GOV)(ENG)(March2013) Gov Comm Cloud BD CTM Page 1 of 2 Office 365 for Government Online Services Office 365 Equivalent Online Services Exchange Online Plan 1 G Exchange Online Plan 1 Exchange Online Plan 2 G Exchange Online Plan 2 Exchange Online Kiosk G Exchange Online Kiosk Exchange Online Archiving Add-On for on- premises servers G Exchange Online Archiving Add-On for on- premises servers Lync Online Plan 1 G Lync Online Plan 1 Lync Online Plan 2 G Lync Online Plan 2 Lync Online Plan 3 G Lync Online Plan 3 SharePoint Online Plan 1 G SharePoint Online Plan 1 SharePoint Online Plan 2 G SharePoint Online Plan 2 Office Web Apps w/ SharePoint Plan 1 G Office Web Apps w/ SharePoint Plan 1 Office Web Apps w/ SharePoint Plan 2 G Office Web Apps w/ SharePoint Plan 2 Office Professional Plus for Office 365 G Office Professional Plus for Office 365 b. Office 365 for Government Suites - Equivalent Enterprise Online Services Mapping Office 365 for Government - Equivalent "Enterprise Online Services" Suites Office 365 Enterprise Online Services Office 365 Plan G1 Offkje 365 Plan El Office 365 Plan G2 Office 365 Plan E2 Office 365 Plan G3 Office 365 PlanE3 Office 365 Plan G4 Office 365 Pl|in E4 Office 36%Plpn K1 G Off^d#3@firanK2G Office 365 Ptel^li,,, , 10ffice 365 for Government "Equivilent-Online Services" SurtI Orgers (G1-G4) will be captured on a separate Product Selectbri Form. / "^|" 3. Office 365 for Govemment Customer Requirements. Entity it is a United States Federal, State, Local orTribal government entity. This Amendment must be attached to a signature form to be valid. (CTM)EnrAmend(GOV)(ENG)(March2013) Gov Comm Cloud CTM BD Page 2 of 2 c^- C Microsoft Volume Licensing Program Signature Form MBA/MBSA number Agreement number 7756479 Proposal ID Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. For the purposes ofthis form, "Customer" can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entenng mto a volume licensing program agnsement-^ This signature form and alt contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contract Document Number or Code <Choose Agreement> Document Nurhber dr^ode - <Choose Agreement> Document Nunfiber or Code <Choose Agreement> ^ ObcumenLNupiber^^PI^''* * •= <Choose Agreement> ^f)ocument NilT|far:^^TO>^^^t - <Choose Agreement> - -/ ' .Document NunffberbftOode i^te-' Select Plus Affiliate Registration Form ^X20-0492-1 W;- <Choose Enrol,lment/Registration> Document ijunf^''^^^dis ^ <Choose Enr6ltment/Registration> Document §iniberorCode <Choose Enrollment/Registration> Document f^urnber or Code / <Choose Enrollment/Registration> I^QCument Number or Code Document Description Document Number or Code Document Description Document Number or Code Document Description Document Number or Code Document Description Document Number or Code Document Description Document Number or Code By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated" by reference and any amendments and (2) agree to be bound by the terms of all such documents. Name of E Signature* Printed Fir Printed Title* Signature Date entity name)* City of Carisbad Name* Kevin Crawford Interim City Manager November 20, 2013 Tax ID #95-6004793 indicates required field APPROVED AS TO FORM ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Oct2012) Page 1 of 3 Prepared By: Name of Preparer Email of Preparer 4 y Wmm ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Oct2012) Page 3 of 3 Tax ID * indicates required fields 2. Notices and online administrator. This individual receives contractual notices. They are also the online Administrator for the Volume Licensing Service Center and may grant online access to others. M Same as primary contact Name of entity* Contact name*: First Last Contact email address* Street address* City* State* Postal code* Country* Phone* • This contact is a third party (not the Registered Affiliate). Warning: This contact receives personally identifiable information of the Registered Affiliate. * indicates required fields 3. Language preference. T' l Select the language for notices. English - . /" 5. Reseller information. Reseller company name* En Pointe Technologies Sales, Inc. ';^y. Street address (PO boxes will not be accepted)* 1600 Providence i^hwiy City* Walpole State* MA Postal code* 02081 Country* USA Contact name* Stacie Boulay Rhdne*. 608*203-3021 Contact email address* sboulay(genpointe.com * indicates required fields The undersigned confirms that the information is correct. Name of Reseller* En Pointe Technologies Sales, Inc. Signature* Q^gQA.Q '^t^k AUA ,1 Printed name*^^cie Boulay Printed title* Contracts Manager Date* n^n|v5 ^ * indicates required fields Changing a Reseller. If Microsoft or Reseller chooses to discontinue doing business with one another. Registered Affiliate must choose a replacement Reseller. If Registered Affiliate or Resellers intends to terminate their relationship, the initiating party it must notify Microsoft and the other party, using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. SelectPlus2012ARFGov(US)SLG(ENG)(Oct2012) Page 2 of 3 Document X20-04921 6. Supplemental Contacts. Customer's Notices Contact identified above is the default contact for administrative and other communications. However, Customer may designate additional contacts using the Supplemental Contact Information form. 7. Software Assurance Membership Election. Each Registered Affiliate may qualify for and receive additional benefits with Software Assurance membership. By electing Software Assurance membership below, Registered Affiliate is committing for a minimum period of one year to include Software Assurance with every eligible Order, and to maintain Software Assurance for all copies of Products licensed under this program for at least one Product pool. Product pools Yes No Applications • Systems • Servers • Note: If "Yes" is marked, orders for Licenses without Software Assurance will not be accepted. ^ t . ;u "J -i.^ ' Only valid if attached to a signature form. SelectPlus2012ARFGov(US)SLG(ENG)(Oct2012) Page 3 of 3 Document X20-04921 3M-