HomeMy WebLinkAboutAgreement A-21-355 with Microsoft Enterprise Services Work Order.pdfAgreement No. 21-355
• • Microsoft
Microsoft Enterprise Services Work Order
(For Microsoft Internal Purposes Only)
Work Order Number T0022110-355581-437680
This Work Order consists of the terms and conditions below, and the provisions of the reference
Microsoft Master Services Agreement U5105344, effective as of 9/18/2012 (the "Agreement"),
the provisions of the Support Services Description applicable to the Support Services identified in
this Work Order, and any attachments or exhibits referenced in this Work Order, all of which are
incorporated herein by this reference . In this Work Order "Customer," "you," or "your" means the
undersigned customer or its affiliate and "Microsoft", "we," "us," or "our" means the undersigned
Microsoft affiliate.
By signing below the parties acknowledge and agree to be bound to the terms of this Work Order,
the Agreement and all other provisions incorporated in them . Regardless of any terms and
conditions contained in a purchase order, if any, the terms of this Work Order apply.
Customer Microsoft Affiliate
Name of Customer (please print) Name
County Of Fresno -ltsd Microsoft Corporation
' Sign -:;1
1
Signature
Dr/ Lacke!J
Name of person signing (please print) Name of person signing (please print)
Steve Brandau
Brilackey
Title of person signing (please print) Title of person signing (please print)
Chairman of the Board of Supervisors
of the County of Fresno Services Solution Specialist
Signature date Signature date (effective date)
~ \1 \~rth 8/17/2021
Name of Customer or its Affiliate that executed the Agreement (if different from Customer
above)
FOR ACCOUNTING USE ONLY: ATTEST :
ORG No.: 8905 Bernice E. Seidel
Account No.: 7309/1020/10000 Clerk of the Board of Supervisors
County Stat of California
9.1 US SLG Unified ESWO (PSUS )(Nov2019) BY:
9.1 US SLG Unified ESWO (PSUS)(Nov2019) Page 2 of 7
Customer invoice information
Name of Customer
County of Fresno ITSD
Contact Name (Receives invoices under this Work Order)
Roland Olsen
Street Address
333 West Pontiac Way
Contact E-Mail Address
rolsen@fresnocountyca.gov
City
Clovis
State/Province
California
Phone
559-600-5837
Country
United States
Postal Code
93612-5613
Fax
1.Support Services and Fees
1.1. Term.
Microsoft Enterprise Support Services shall be effective and will commence on 10/02/2021 or the
last above Signature Date, whichever is later (the “Support Commencement Date”) and shall expire
twelve (12) months following the Support Commencement Date (the “Support Expiration Date”).
This Work Order may be amended, and the Period of Performance extended prior to the Support
Expiration Date. In order for Microsoft to continue performing Services after the Support
Expiration Date of this Work Order, Customer and Microsoft shall agree in writing to a new Work
Order identifying the new terms upon which Customer and Microsoft agree.
1.2. Description of the Services.
Please refer to the current Support Services Description (“SSD”) which will be incorporated by
reference and is published by Microsoft from time to time at http://www.microsoft.com/en-
us/microsoftservices/PubSec-support-services-description. The support services you purchase
under this agreement may be updated from time to time and that update will supersede any
services previously listed.
9.1 US SLG Unified ESWO (PSUS)(Nov2019) Page 3 of 7
Services by Support Location
Performance Support for County of Fresno FY 2021-22 US - SLG - West 10/02/2021 -
10/01/2022
Quantity Service Service Type
Included On-demand Assessment On-Demand Assessment
1 ea. On-Demand Assessment - Setup and Config
Service
On-Demand Assessment
Remote
Included On-demand Education On-Demand Education
Included Online Support Portal Administrative
Included Performance Advisory Support Hours As needed Advisory Services
Performance Built-in Proactive Services
3 ea. •Performance Built-in Proactive Services -
Generic Administrative
Included Performance Problem Resolution Hours As needed Problem Resolution
Support
Included Performance Service Delivery Management Service Delivery
Management
Included Reactive Enabled Contacts Problem Resolution
Support
Included Support Technology Advisor Designated Support
Engineering
Included Webcasts As Needed Webcast
Performance Support Add-on for County of Fresno FY 2021-22 US - SLG -
West 10/02/2021 - 10/01/2022
Quantity Service Service Type
675 ea. Proactive Credits Proactive Credits
Included Service Delivery Management Extended Service Delivery
Management
1.3. Support Services Fees.
The items listed in the table above represent the services that Customer has pre-purchased for
use during the term of this Work Order, and applicable fees are shown in the table below.
Microsoft Support Services are a non-refundable prepaid service. Microsoft must receive
Customer purchase order or payment before Microsoft commences or continues, as applicable,
provision of Microsoft Support Services. If Customer issues a purchase order, Microsoft will invoice
Customer, and Customer agrees to pay Microsoft within 30 calendar days of the date of Microsoft
invoice. Microsoft reserves the right to adjust Microsoft fees prior to entering into any changes to
the Microsoft Support Services ordered herein.
9.1 US SLG Unified ESWO (PSUS)(Nov2019) Page 4 of 7
Services Summary Billing Date Fee USD
Performance Support for County of Fresno FY 2021-22 10/02/2021 $250,941.00
Performance Support Add-on for County of Fresno FY
2021-22
10/02/2021 $87,750.00
Subtotal $338,691.00
Software Assurance Benefits * ($52,554.00)
Total Fees (excluding taxes) $286,137.00
Software Assurance Benefits
* Customer will transfer 38.00 Software Assurance PRS incidents to this support agreement as
part of this support package.
Support for Microsoft Products
Microsoft will provide support for Customer’s licensed, commercially released and generally
available Microsoft products, and cloud services subscriptions by Customer in Appendix A.
1.4. Customer Named Contacts.
Any changes to the named contacts should be submitted to Microsoft Contact.
Name of Customer Support Service Administrator
Roland Olsen
Street Address
333 West Pontiac Way
Contact E-Mail Address
rolsen@fresnocountyca.gov
City
Clovis
State/Province
California
Phone
559-600-5837
Country
United States
Postal Code
93612
Fax
Use, ownership, rights, and restrictions.
1.5. Products.
“Product” means all products identified in the Product Terms, such as all Software, Online Services
and other web-based services, including pre-release or beta versions. Product availability may
vary by region. “Product Terms” means the document that provides information about Microsoft
Products available through volume licensing. The Product Terms document is published on the
9.1 US SLG Unified ESWO (PSUS)(Nov2019) Page 5 of 7
Volume Licensing Site (http://www.microsoft.com/licensing/contracts or successor site) and is
updated from time to time.
All products and related solutions provided under this Work Order will be licensed according to
the terms of the license agreement packaged with or otherwise applicable to such product.
Customer is responsible for paying any licensing fees associated with Products.
1.6. Fixes
“Fixes” means Product fixes, modifications, enhancements, or their derivatives, that Microsoft
either releases generally (such as service packs), or that Microsoft provides to Customer when
performing Professional Services (all support, planning, consulting and other professional services
or advice, including any resulting deliverables provided to Customer under this Work Order, to
address a specific issue. “Professional Services” means Product support services and Microsoft
consulting services provided to Customer under this Work Order. “Professional Services” or
“services” does not include Online Services, unless specifically noted.
Fixes are licensed according to the license terms applicable to the Product to which those Fixes
relate. If the Fixes are not provided for a specific Product, any other use terms Microsoft provides
with the Fixes will apply.
1.7. Pre-existing Work.
“Pre-existing Work” means any computer code or other written materials developed or otherwise
obtained independent of this Work Order.
All rights in Pre-existing Work shall remain the sole property of the party providing the Pre-
existing Work. Each party may use, reproduce and modify the other party’s Pre-existing Work only
as needed to perform obligations related to Professional Services.
1.8. Services Deliverables.
“Services Deliverables” means any computer code or materials, other than Products or Fixes that
Microsoft leaves with Customer at the conclusion of Microsoft’s performance of Professional
Services. Upon payment in full for the Professional Services, Microsoft grants Customer a non-
exclusive, non-transferable perpetual, fully paid-up license to reproduce, use and modify the
Services Deliverable, solely in the form delivered to Customer and solely for Customer’s internal
business purposes, subject to the terms and conditions of this Work Order.
1.9. Affiliates’ rights.
“Affiliate” means any government agency, department, office, instrumentality, division, unit or
other entity of Customer’s state or local government that is supervised by or is part of Customer,
or which supervises Customer or of which Customer is a part, or which is under common
9.1 US SLG Unified ESWO (PSUS)(Nov2019) Page 6 of 7
supervision with Customer; together with, as mandated by law, any county, borough,
commonwealth, city, municipality, town, township, special purpose district, or other similar type
of governmental instrumentality located within Customer’s state jurisdiction and geographic
boundaries; provided that a state and its Affiliates shall not, for purposes of this definition, be
considered to be Affiliates of the federal government and its Affiliates.
Customer may sublicense the rights contained in this subsection relating to Services Deliverables
to its Affiliates, but Customer’s Affiliates may not sublicense these rights and Customer’s Affiliates’
use must be consistent with the license terms contained in this Work Order.
1.10.Restrictions on use.
Customer must not (and must not attempt to) (1) reverse engineer, decompile or disassemble any
Product, Fix, or Services Deliverable, (2) install or use non-Microsoft software or technology in any
way that would subject Microsoft's intellectual property or technology to obligations beyond
those included in this Work Order; or (3) work around any technical limitations in the Products or
Services Deliverables or restrictions in Product documentation. Except as expressly permitted in
this Work Order, Customer must not (1) separate and run parts of a Product on more than one
device, upgrade or downgrade parts of a Product at different times, or transfer parts of a Product
separately; or (2) distribute, sublicense, rent, lease, lend, or use any Product, Fix, or Services
Deliverable to offer hosting services to a third party.
1.11.Reservation of rights.
All rights not expressly granted are reserved to Microsoft.
Microsoft Contact
Customer contact for questions and notices about this Work Order.
Microsoft contact name
Brianna Lackey
Phone
(916) 3693646
Contact e-mail address
Brianna.Lackey@microsoft.com
9.1 US SLG Unified ESWO (PSUS)(Nov2019) Page 7 of 7
Appendix A
Below is a list of your declared licensed products and cloud services for which Microsoft will
provide support services as defined within this document.
Customer Name Licensing Program Licensing
Enrollment/Agreement
Number
COUNTY OF FRESNO Enterprise 6 81494257
COUNTY OF FRESNO OPEN 02365471ZZL2104
COUNTY OF FRESNO OPEN 03643710ZZL2204
COUNTY OF FRESNO Enterprise 6 64992141
FRESNO COUNTY OPEN 02481561ZZL2105
COUNTY OF FRESNO Select Plus 7756479
COUNTY OF FRESNO OPEN 01208670ZZL2006
COUNTY OF FRESNO OPEN 03859210ZZL2207