CDW Agreement

City of El Mirage — Regular Meeting (2022-09-20)

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Customer Order Form
Cisco Products and Services
Seller: CDW Direct, LLC
Customer: CITY OF EL MIRAGE
Subscription Term Start Date: Align with Cisco Start Date
Initial Subscription Term: 36.00 months *
Subscription Payment: Annual
Auto Renew: No
Cloud Services Description
Unit
Quantity
Annual
Unit
Fee
UOM
Annual
Total
Services
Fee
Initial
Subscription
Term Total
Service Fee
NU On-Premises Calling Professional
183
$ 71.40
User
$ 13,066.20
$ 39,198.60
NU On-Premises Calling Enhanced
43
$ 48.48
User
$ 2,084.64
$ 6,253.92
 
Total Service Fees
$ 119.88
$ 15,150.84
$ 45,452.52
 
INCLUDED ITEMS
Collaboration Flex Plan 3.0
1
$ 0.00
$ 0.00
$ 0.00
 Basic Support for Flex Plan
1
$ 0.00
Each
$ 0.00
$ 0.00
 SRST Endpoints (1)
409
$ 0.00
User
$ 0.00
$ 0.00
 Emergency Responder Smart License (1)
592
$ 0.00
User
$ 0.00
$ 0.00
 Messaging Named User Entitlement (1)
226
$ 0.00
User
$ 0.00
$ 0.00
 Pro Pack for Cisco Control Hub Entitlement
226
$ 0.00
User
$ 0.00
$ 0.00
 Unity Connection Smart License (1)
183
$ 0.00
User
$ 0.00
$ 0.00
 Enhanced Smart License (1)
43
$ 0.00
User
$ 0.00
$ 0.00
 On-Premises & Partner Hosted Calling SW Bundle v12.5 (1)
1
$ 0.00
User
$ 0.00
$ 0.00
 Unified Communications Manager Smart License - Pro (1)
183
$ 0.00
User
$ 0.00
$ 0.00
 File Storage Entitlement
4520
$ 0.00
User
$ 0.00
$ 0.00
Initial Subscription Term Total
: $ 45,452.52
Terms:
1. TERMS AND CONDITIONS
- Customer’s obligations to Seller under this Subscription Order Form,
including its payment obligations are subject to the Terms and Conditions of Sales and Service Projects
on Seller’s website at www.CDW.com, unless Customer has entered into a written agreement with Seller
covering Customer’s purchase of products and services from Seller (“Existing Customer Agreement”), in
which case Customer’s obligations shall be subject to the terms of such Existing Customer Agreement.
2. AVAILABILITY LEVEL COMMITMENT
- If Customer selects a Cisco Cloud Calling product, including but
not limited to Webex Calling or UCM Cloud, Seller extends an availability level comittment of 99.99%
subject to certain exclusions and qualifications, which are available upon request. The sole remedy for a
failure to meet this commitment will be a prorarted credit up to the price paid for the Cisco Cloud Calling

product and will be applied for future payables. This availability level commitment will be measured on a
given thirty (30) day period and any request for credit must be submitted to Seller in writing within thirty
(30) days of failure to meet such commitment.
3. TAXES
– Customer acknowledges that Seller will provide separate invoices for the Webex service and
the Cisco Calling Plan service. Seller will collect applicable sales tax for the Webex service, and if
Customer selects a Cisco Calling Plan service Seller will collect all indirect and telecommunication taxes
and remit such taxes to Cisco on behalf of their affiliate Broadsoft Adaption LLC the provider of the Cisco
Calling Plan.
4. PAYMENT
– Customer will pay all Fees for the use of the Cisco Products and Services as set forth in
Seller’s invoice, within 30 days after the date of the invoice, or in accordance with such other payment
terms that may have been negotiated between Customer and Seller. In addition to the Subscription Fee,
Customer will also be responsible for all additional fees for any subscription renewals and extensions,
metered usage components consumed by Customer, including any true-forwards, overage fees, audio
fees, and other subscriptions, features, products, services, or add-ons that Customer uses within the
Cisco Products and Services. Seller will invoice Customer for the Subscription Fee on a periodic basis as
set forth above unless otherwise agreed to between the parties. Seller will invoice for any usage,
consumption, overage, or any other additional fees on a monthly basis. The Subscription Fee and all
additional fees due hereunder are collectively referred to as “Fees”.
5. NON-CANCELLABLE/NON-REFUNDABLE
- The Cisco Products and Services purchased under this
Customer Services Order Form are non-cancellable and all Fees paid to Seller are non-refundable.
6. SERVICE SUSPENSION
– In addition to any other rights Seller may have, Seller may suspend or
terminate the Cisco Products and Services if Customer fails to pay any Fees within ten (10) business
days after the applicable due date.
BY SIGNING BELOW, Customer acknowledges and agrees that it is receiving the Cisco Products and Services
directly from Cisco Systems, Inc. (“Cisco”) pursuant to the
Cisco end user license agreement, which can be found at the following URL http://www.cisco.com/go/eula (“End User License Agreement”) and any Product Specific Terms
found at the following URL: https://www.cisco.com/c/en/us/about/legal/cloud-and-software/software-terms.html. Customer further acknowledges: (1) that it has agreed to the
Cisco End User License Agreement, and (2) that Cisco or its affiliates and not Seller will be responsible for performance of the Cisco Products and Services.
CUSTOMER AUTHORIZED REPRESENTATIVE
Signature:_______________________________________
Name:_______________________________________
Title:_______________________________________
Date:_______________________________________
Version
Date: 2021-04-26