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HomeMy WebLinkAboutA-22-453 Microsoft Unified Support Services.pdf Agreement No. 22-453 Microsoft Microsoft Enterprise Services Work Order (For Microsoft Internal Purposes Only) Work Order Number GVS12210-398474-497536 This Work Order consists of the terms and conditions below,and the provisions of the Microsoft Master Services Agreement reference U5105344, effective as of 9/18/2012 the "Agreement"), the provisions of the Unified Enterprise Support Services Description applicable to the Professional 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. This Work Order is effective as of the date that Microsoft signs this Work Order. Regardless of any terms and conditions contained in a urchase order, if any, the terms of this Work Order apply. MicrosoftCustomer Name of Customer (please print) Name County Of Fresno - Itsd Microsoft Corporation Signature Signature L� L 8�r lackey Name of person signing (please print) Name of person signing (please print) Brian Pacheco Bri Lackey Title of person signing (please print) Title of person signing (please print) Chairman of the Board of Supervisors of the County of Fresno Sr. Support Specialist Signature date Signature date(effective date) - 9/29/2022 Name of Customer or its Affiliate that executed the Agreement (if different from Customer above) EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) [CP1 ATTEST: Page 1 of 7 FOR ACCOUNTING USE ONLY: BERNICE E.SEIDEL ORG No.:8905 Clerk of the Board of Supervisors Account No.:7309/1020/10000 County of Fresno,State of California BY: ,�� Customer invoice information Name of Customer Lily Ji Contact Name (Receives invoices under this Work Order) Street Address 333 W. Pontiac Way Contact E-Mail Address Iji@fresnocountyca.gov City Clovis State/Province CA Phone 559-600-5800 Country United States Postal Code 93612 Fax 1. Support Services and Fees. 1.1.Term. Microsoft Enterprise Support Services will commence on 10/2/2022 (the "Support Commencement Date") and will expire on 10/1/2023 (the "Support Expiration Date"). 2. Description of Services. Please refer to the current Unified Support Services Description ("USSD") which will be incorporated by reference and is published by Microsoft from time to time at www.microsoft.com/unified-support-services-description. Microsoft may update the support services you purchase under this agreement from time to time, provided that the level of support services you purchase will not materially decrease during the current Term. Services by Support Location 72 • - ••• • • • • 1 - • rise ir West 1 1 1 1 •: NEMEJ ea. CE Scoping Support Assistance 1 hr. Enterprise Advisory Support Hours As needed Advisory Services 1 hr. Enterprise Azure Problem Resolution Hours As Problem Resolution needed Support 1 ea. Enterprise On-demand Assessment On-Demand Assessment 100 ea. Enterprise On-Demand Assessment - Setup and On-Demand Assessment Config Service As-needed Remote 1 ea. Enterprise On-Demand Education On-Demand Education 1 ea. Enterprise Online Support Portal Administrative 1 hr. Enterprise Problem Resolution Hours As needed Problem Resolution Support 79 hr. Enterprise Reactive Support Management Service Delivery Management EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) [CP] Page 2 of 7 333 hr. Enterprise Service Delivery Management Service Delivery Management 10 ea. Enterprise Webcasts as Needed Webcast 9999 ea. Reactive Enabled Contacts Problem Resolution Support Enterprise ••• Add-on for • of • ITSD FY2022-23 - • West 1 110/1/2023 Quantity 400 ea. Proactive Credits Proactive Credits 47 hr. Service Delivery Management Extended Service Delivery Management Countyfor of • ITSD FY2022-23 - • 1 1 4/11/2023 rWantity Service Service Type 20 hr. Service Delivery Management Standard Service Delivery Management Designated Support Engineering for SMS/SCCM • Designated Support Engineering Designated Support 200 hr. SMS/SCCM Engineering DSE for County of Fresno ITSD FY2022-23 'r USA - SLG - Enterprise West 10/2/2022 - 1 1 Quant rwirn Service Designated Support Engineering for Azure PaaS •400 hr. Designated Support Engineering Azure Designated Support PaaS Engineering 40 hr. Service Delivery Management Standard Service Delivery Management 2.1.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. EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) [CP] Page 3 of 7 Services Summary M I M Billing Date Enterprise Support for County of Fresno ITSD FY2022-23 10/2/2022 $207,117.00 Enterprise Support Add-on for County of Fresno ITSD 10/2/2022 $52,126.00 FY2022-23 DSE for County of Fresno ITSD FY2022-23 10/2/2022 $65,960.00 DSE for County of Fresno ITSD FY2022-23 10/2/2022 $140,720.00 Subtotal $465,923.00 Flex Allowance ($50,000.00) Software Assurance Benefits * ($53,937.00) Total Fees (excluding taxes) $361,986.00 2.2.Support for Microsoft Products Microsoft will provide support for Customer's licensed, commercially released, and generally available Microsoft products, and cloud services subscriptions purchased by Customer or Customer's Affiliate: i) as indicated in Appendix A; and ii) during the Term of this Work Order. Such products and subscriptions exclude those purchased by any party that is not Customer's Affiliate as of the Support Commencement Date. 2.3.Customer Named Contact(s). Any changes to the named contacts should be submitted to Microsoft Contact. Name of Customer Support Service Administrator Lily Ji Street Address Contact E-Mail Address 333 West Pontiac Way I'i@fresnocount ca. ov City State/Province Phone Clovis California 559-600-5913 Country Postal Code Fax United States 93612 3. Use, ownership, rights, and restrictions. 3.1.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 EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) [CP] Page 4 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. 3.2.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. 3.3.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. 3.4.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. 3.5.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 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 EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) [CP] Page 5 of 7 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. 3.6.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. 3.7.Reservation of rights. All rights not expressly granted are reserved to Microsoft. 4. Microsoft Professional Services Data Protection Addendum. The Microsoft Professional Services Data Protection Addendum in effect on the effective date of this Work Order and available on the Volume Licensing Site at https://aka.ms/ProfessionalServicesDPA is incorporated herein by this reference. 5. Microsoft Contact Customer contact for questions and notices about this Work Order. Microsoft Contact Name Brianna Lackey Phone Contact E-Mail Address 916-369-3646 Brianna.Lackey@Microsoft.com EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) [CP] Page 6 of 7 Appendix A As of the Support Commencement Date, below is a list of your declared licensing enrollments and agreements for which Microsoft will provide support services as defined within this Work Order. Licensing .. . e COUNTY OF FRESNO OPEN 0385921OZZL2207 COUNTY OF FRESNO OPEN 02365471ZZL2104 COUNTY OF FRESNO Enterprise 6 81494257 COUNTY OF FRESNO OPEN 0364371OZZL2204 COUNTY OF FRESNO OPEN 0120867OZZL2006 COUNTY OF FRESNO Select Plus 7756479 COUNTY OF FRESNO Enterprise 6 64992141 FRESNO COUNTY OPEN 02481561ZZL2105 EnterpriseServicesWorkOrder-PubSec-MUS-v2.0(US)(ENG)(Sep2018) [CP] Page 7 of 7