Fiscal Note
Fiscal note pending.
Title
Authorizing the Mayor and City Clerk to enter into a 3-year, competitively selected Microsoft Enterprise Enrollment Agreement with Microsoft Corporation, and a 3-year, competitively selected services agreement with CDW Government, LLC, a reseller of Microsoft and other software.
Body
WHEREAS, the City has used Microsoft for Windows licenses and desktop, server and business tools for many years and traditionally purchases licenses and support through software resellers that have been selected by the State of Wisconsin through a competitive selection process administered by the State; and,
WHEREAS, under MGO 4.26, the City’s competitive purchasing requirements are satisfied by making purchases from a vendor that has been selected by the State; and,
WHEREAS, CDW Government, LLC (CDW-G) is one such vendor selected by the State as a reseller of Microsoft products and services and the state’s contract includes a process for local government to participate; and,
WHEREAS, Information Technology Department continues to leverage the City’s investment in the cloud based M365 infrastructure to advance the availability and the adoption of collaboration tools (email, instant messaging, collaboration tools, video, and voice conferencing) across the enterprise; and,
WHEREAS, this requires Enrollment Agreements for Microsoft subscriptions, through a contract with CDW-G, as well as signing a new agreement directly with Microsoft Corporation; and,
WHEREAS, APM 1-1 requires Common Council approval before the City can indemnify another party. The current Microsoft Universal Licensing Terms for Only Services includes the following clause:
“Customer agrees to defend, indemnify and hold Microsoft harmless from and against all damages, costs and attorneys' fees in connection with any claims arising from a High-Risk Use associated with the Online Services, including any claims based in strict liability or that Microsoft was negligent ...
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