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HomeMy WebLinkAboutPR 20728: CIS CAD SYSTEM UPGRADE INTEROFFICE MEMORANDUM Date: March 12, 2019 To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City Manager From: Fay Young, Information Technology Director J RE: Proposed Resolution No. 20728—CIS CAD System upgrade Introduction: The intent of this Agenda Item is to seek the City Council's authorization for the City Manager to approve two amendments to the contract between Computer Information Systems, Inc. (CIS) of Skokie, Illinois and City of Port Arthur in the amount of$189,853.58 with an annual maintenance of$14,400. Funds are available in the Information Technology Finance/Equipment account 001-1034-515.92-00. Background: The Police Department and Fire Department use Computer Information Systems, Inc.'s computer aided dispatch(CAD) system. The system was originally purchased in 1998 (Resolution 98-135). The hardware and software components of the system need to be upgraded in order to meet additional needs of the Public Safety staff and to meet new State of Texas regulations. For many years the State of Texas has urged agencies to utilize the National Incident Based Reporting System (NIBRS). There is now a mandate to migrate to the NIBRS based system. The deadline for the mandate is September 2019. The proposed amendments to the current CIS contract provide the system components required to meet the State mandate. In addition to meeting the NIBRS mandate, the upgraded system will also provide additional services such as enhanced mobile computing services (MCS) and mobile field reporting(MFR). The hardware component of the proposed amendments would provide the equipment required to support the services and also replace old equipment that has reached end of life. Recommendation: It is recommended that City Council authorize the City Manager to approve the proposed amendments to the contract with Computer Information Systems, Inc. in the amount of $189,853.58 with an annual maintenance of$14,400. Funds are budgeted in the Information Technology Finance/Equipment account 001-1034-515.92-00. P.R. NO. 20728 FY 4/12/2019 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO THE CONTRACT BETWEEN CITY OF PORT ARTHUR AND COMPUTER INFORMATION SYSTEMS, INC (CIS) FOR COMPUTER AIDED DISPATCH (CAD) SOFTWARE AND HARDWARE UPGRADES FOR THE POLICE AND FIRE DEPARTMENTS' COMMUNICATION SYSTEM, TO INCLUDE THE NATIONAL INCIDENT BASED REPORTING SYSTEM (NIMBRS), ENHANCED MOBILE COMPUTER SYSTEM (MCS) AND MOBILE FIELD REPORTING (MFR). FUNDING IN THE AMOUNT OF $189,853.58 IS AVAILABLE IN FINANCE/EQUIPMENT ACCOUNT 001-1034-515.92-00. WHEREAS, the existing contract was approved per Resolution No. 98-135; and WHEREAS, the State of Texas mandates implementation of the National Incident Based Reporting System (NIMRRS)by September 1, 2019; and WHEREAS, existing equipment has exceeded end-of-life and is insufficient to support software upgrade requirements; and WHEREAS, Computer Information Systems Inc. can provide the required software and hardware for the amount of$189,853.58 with an annual maintenance cost of$14,400; and WHEREAS, this procurement of Mobile Computing System (MCS) and Mobile field Reporting (MFR) is exempt from bidding under Section 252.022 (a) (7) of the Texas Local Government Code as items that are available from only one source; and WHEREAS, the specifications of the system are attached as "Exhibit A" and "Exhibit B". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That, the City Council hereby authorizes the City Manager to execute amendments to the contract between the City of Port Arthur and Computer Information Systems, Inc. for the amount of $189,853.58 with an annual maintenance cost of $14,400, quote confirmation attached hereto as"Exhibit A" and "Exhibit B". P.R. NO. 20728 FY 4/12/2019 Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of March, A.D. 2019 at a regular meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: ` al Tizeno, j' Attorney ��� P.R. NO. 20728 FY 4/12/2019 APPROVED FOR ADMINISTRATION: /'S LLL, Harvey Robinson Clifton Williams Interim City Manager Purchasing Manager Fay yff), Information Technology Director A OVED AS TO AVAILABILITY OF FUNDS: 2Loct, Rebecca Underhill, Acting Director of Finance P.R. NO. 20728 FY 4/12/2019 Exhibit A PORT ARTHUR, TEXAS 02-26-2019 PROFESSIONAL SERVICES AMENDMENT PROFESSIONAL SERVICES AMENDMENT NR. 01 TO LICENSE AGREEMENT 277 ("AGREEMENT") BETWEEN COMPUTER INFORMATION SYSTEMS, INC ("CIS") AND CITY OF PORT ARTHUR, TEXAS ("USER") This Professional Services Amendment Nr. 01. hereinafter called "Amendment Nr. 01" is between Computer Information Systems, Inc., hereinafter called "CIS" and the City of Port Arthur, Texas hereinafter called "City of Port Arthur" or "User" or"City". CIS and the City of Port Arthur shall also be referred to individually as the "Party" and collectively as the "Parties". WHEREAS, User requires computer servers, routers, accessories, etc. ("Hardware") and related system software collectively hereinafter referred to as "Network Technology" for operating CIS Systems; and, WHEREAS, User desires to have a single source for procurement of CIS Systems and required Network Technology; and. WHEREAS, CIS has agreements with Network Technology Suppliers(s) under which it purchases Network Technology; and, NOW, THEREFORE, the parties agree to the following: 1. CIS will act as Agent on behalf of the User to purchase the Network Technology detailed in Addendum A. 2. CIS will provide Services as detailed in Addendum C. 3. Estimated Target Delivery and Cut-Over is April 22, 2019 thru April 26, 2019 4. User agrees that upon delivery to the User, title and risk of loss for any delivered Network Technology shall pass through to User. 5. It is understood and acknowledged by the User that CIS and the Network Technology Manufacturers ("Manufacturers") are independent corporations acting separately under the terms and conditions of their separate contracts with the User for warranty and maintenance. 6. The obligations and responsibilities of the User including costs are detailed in this Amendment. User agrees to pay CIS for the Network Technology as detailed in Addendum A. Adjustment of costs for hardware and software items deleted by User shall be subject only to: (i), Manufacturer's return policy: (ii), restocking fee; and (iii), return shipping and handling costs. 7. User agrees that acceptance shall be based solely on demonstration that upon installation, that the Network Technology is operational in accordance with the applicable Manufacturer's specifications. 8. User agrees that payment by User of any CIS invoice shall indicate that 1 PORT ARTHUR, TEXAS 02-26-2019 PROFESSIONAL SERVICES AMENDMENT User has accepted the Network Technology on said invoice. 9. User agrees to be responsible for and to pay all costs of any State taxes, local taxes or permits, if any, that may be applied to the Network Technology scheduled in Addendum A. 10. User agrees that the sole warranty, maintenance and support provisions. if any, for the hardware or software products detailed in this Amendment are the published warranty. maintenance and support provisions of that Manufacturer of a given computer hardware or software product and that there is no other warranty, maintenance or support conditions expressed or implied by CIS. 11. User understands and agrees that the applicable Manufacturer's warranty, and/or maintenance and support if any commences and terminates solely in accordance with that given Manufacturer's published specifications. Commencement of any computer hardware warranty will occur on the date of delivery either at CIS or at the User, whichever is first. Commencement of any systems software warranty and/or support commences on the date of purchase or registration as applicable for a given manufacturer. The User is solely responsible for all warranty and/or maintenance and support renewals and all related costs directly with the applicable Manufacturer that is not scheduled and included in this Amendment. 12. User will pursue all Network Technology maintenance, support and warranty services, after delivery, acceptance and expiration, directly with the Manufacturer(s). In the event of any dispute regarding the Manufacturer's warranty, maintenance or support or any other claim regarding the delivered and accepted Network Technology. User agrees to pursue its resolution outside this Amendment directly with the Manufacturer. CIS can lend the User technical assistance with its dispute. 13. User agrees to pay CIS for the Network Technology as detailed in Attachment 01 despite any problem outside this Amendment User has with CIS' performance under the Agreement as amended. 14. CIS and User agree that any dispute or course of action of this Amendment does not in any way affect the obligations of CIS or User under the Agreement. 15. User is solely responsible for the LAN and/or Wide Area Network connected to the System. 16. User acknowledges and agrees that the performance at remote sites is also limited by the bandwidth of the WAN, computer and workstations employed by Users. 17. User agrees to provide a network of dedicated data lines with adequate bandwidth as specified by CIS. 18. User Facility Responsibility a. User and Additional Users will provide the following network, equipment. labor and materials (Facilities) required to support the Network Technology including but not limited to: 2 PORT ARTHUR, TEXAS 02-26-2019 PROFESSIONAL SERVICES AMENDMENT SCHEDULE 1 HARDWARE DETAIL 1. VM Cluster $ 29,737.05 Len ovo SR650 Server(2) • Lenovo ThinkServer SR650 Xeon 12C Gold 2.3 GHz Processor(2) • 256 GB Memory • 430-8e SAS HBA(2) • Broadcom NetXtreme 2x10 GbE Base T Adapter • System x 750W HE Platinum AC Power Supply(2) • 5 Year 24x7, 4 Hour Response Maintenance • Clarity Enterprise Controller • XENT 1U Cable Management Arm • M.2 SSD Mirrored Boot 128 GB (2) • mSAS HD 12Gb Cable for SAN, 1.5m (2) 2. Storage Area Network $ 44,112.60 Lenovo v3700 V2 XP (1) • V3700 Dual Controller 2.5" HS • Controller Cache Upgrade • 1.8 TB SAS 12 Gb/s 10K 2.5" Hot Swap Hard Drive (8) • 800 GB SAS 12 Gb/s 2.5" Hot Swap Solid State Drive (5) • 5 Year 24x7, 4 Hour Response Maintenance • SSD Tier Key 3. Logging\Veeam Server $ 4,728.15 Lenovo SR250 Server(1) • Lenovo SR250 Xeon E2124 Processor(1) • 16 GB Memory • 1 TB 10k SAS Drive (4) • 530-8i RAID Controller • 430-8e SAS HBA • 5 Year 24x7, 2 Hour Response Maintenance 4. Switches (2) $ 5,549.25 Cisco 2960X-24TS-L(2) • FlexStack Module • 5 Year SMARTNet 24x7X4 5. UPS (2) $ 4,397.40 Lenovo UPS 3000VA(2) • Network & Env Probe (2) 6. Shipping $ 422.10 Hardware Total $ 88,946.55 5 PORT ARTHUR, TEXAS 02-26-2019 PROFESSIONAL SERVICES AMENDMENT SCHEDULE 2 SYSTEM SOFTWARE 1. Windows Server 2016 $ 2,304.00 • Windows Server 2016 2 Core License (24 @$96.00) 2. SQL 2017 $ 15,166.00 • SQL 2017 Server Edition (2 @$698.00) • SQL 2017 Client Access License(90 @$ 153.00) 3. VM Ware $ 7,141.00 • vSphere 6.0 Essentials Plus Kit 2 Hosts Max 2 Processors/Host(1 @$4,240.00) • Production SnS for vSphere 6.0 Essentials Plus Kit for 3-year(1 @$2,901.00) 4. Veeam $ 3,160.00 • Backup&Replication Small Business Ed 4 Sockets (2 @$ 1,580.00) System Software Total $ 27,771.00 6 PORT ARTHUR, TEXAS 02-26-2019 PROFESSIONAL SERVICES AMENDMENT SCHEDULE 3 SERVICES 1. Stage Servers, SAN and Network Hardware at CIS (5 Days @ $1,200.00/Day) $ 6,000.00 2. Install Hardware at PAPD (2 Days @ $1,200.00/Day) $ 2,400.00 3. Configure Desktop Work Stations for Client Server (2 Days @ $1,200.00/Day) $ 2,400.00 4. Configure Network Equipment (2 Days @ $1,200.00/Day) $ 2,400.00 5. Test System (2 Days @ $1,200.00/Day) $ 2,400.00 6. Travel Expenses $ 3,276.00 Services Total $ 18,876.00 7 PORT ARTHUR, TEXAS 02-26-2019 PROFESSIONAL SERVICES AMENDMENT ADDENDUM C STATEMENT OF WORK 1. CIS Order Hardware and System Software for Delivery to CIS 2. CIS unpacks Hardware and installs System Software 3. CIS installs CIS Software and PAPD Databases 4. CIS tests System 5. CIS provides power requirements to PAPD 6. CIS repacks and ships Hardware to PAPD 7. CIS installs Hardware at PAPD • Unpack Servers • Install Servers in Rack • Connect Servers to Switch • Connect Servers to Power Distribution Unit • Connect Power Distribution Unit to Uninterruptible Power Supply (UPS) 8. CIS converts Desktop Work Stations to Client Server 9. Inspection, Testing and Acceptance: Client Work Stations to Host System End-to-End. Test each User Workstation as follows: • Connection to the Host System • Test each Workstation for Acceptable Performance 10. Certification of End-to-End Performance The User Project Manager shall witness the Performance Tests for each Work Station and then sign the Certification Form for said Workstations. 11. System Cutover • Users cease operation of the CIS Systems • CIS performs backup of CIS Databases on current Servers • CIS restores backup of CIS Databases to new Servers • CIS tests System • CIS tests Interfaces • Users resume operation of the CIS Systems 8 P.R. NO. 20728 FY 4/12/2019 Exhibit B PORT ARTHUR, TEXAS 02-28-2019 PROFESSIONAL SERVICES AMENDMENT PROFESSIONAL SERVICES AMENDMENT NR. 02 TO LICENSE AGREEMENT 277 ("AGREEMENT") BETWEEN COMPUTER INFORMATION SYSTEMS, INC. AND CITY OF PORT ARTHUR, TEXAS This Professional Services Amendment Nr. 02, hereinafter called "Amendment Nr. 02" is between Computer Information Systems, Inc., hereinafter called "CIS" and the City of Port Arthur, Texas hereinafter called "City of Port Arthur" or "User" or"City". CIS and the City of Port Arthur shall also be referred to individually as the "Party" and collectively as the "Parties". WHEREAS, The City and CIS entered into the Agreement on September 29, 1998 to provide a Computer Aided Dispatch ("CAD") System and Records Management System ("RMS") for the Port Arthur Police Department ("PAPD"); and WHEREAS, PAPD has requested additional MCS features and functions as follows: • Incident Report Entry, Inquiry and Update • Report Flow • Person, Location, Plate, Date Range and Unit History Inquiries • CID Name Involvements WHEREAS, The CIS MCS Enhanced CAD Client provides said features and functions; and WHEREAS. CIS provided a Cost Proposal to the City dated February 25, 2019 for CIS MCS Enhanced CAD Client Software Licenses and related Professional Services; and WHEREAS, The City has accepted the CIS Cost Proposal and has requested this Amendment; and NOW, THEREFORE, in consideration of the Covenants, Terms and Conditions hereinafter set forth. the Parties hereto agree as follows: 1.0 AMENDMENT SCOPE Acknowledge and agree that this Amendment replaces all prior written and oral communications with CIS regarding the Mobile CAD Enhanced Client. 2.0 SPECIFICATIONS MCS Enhanced CAD Client Specifications are detailed in Addendum P(5). 3.0 ACCEPTANCE MCS Enhanced CAD Client Acceptance is in accordance with Addendum R(4). 4.0 COST AND PAYMENT SCHEDULE User agrees to the Cost and Payment Schedule detailed in Addendum A below. 5.0 ESTIMATED TARGET DELIVERY SCHEDULE User agrees to the estimated Delivery Schedule detailed in Addendum B below. 1 PORT ARTHUR, TEXAS 02-28-2019 PROFESSIONAL SERVICES AMENDMENT 6.0 USER RESPONSIBILITIES 6.1 Management Training Class PAPD personnel shall attend a three day Management Training Class at CIS' Skokie, IL office. CIS will pay for the travel expenses for up to seven (7) City personnel. 7.0 TERMS AND CONDITIONS 7.1 All other terms and conditions of the Agreement as amended not in conflict with this Amendment shall apply to this Amendment including but not limited to the Agreement Paragraph B, Warranty; Paragraph C, Limitation of Liabilities; and Paragraph H.7. Venue and Jurisdiction. 7.2 In the event there is a dispute between the parties hereto with regard to any specifications, terms or conditions, the order of precedence shall be this Amendment Nr. 02, the Agreement as amended, and any resultant User Contract Documents. 8.0 VALID PERIOD This Amendment is valid only if executed and received by CIS on or before April 17, 2019 unless extended in writing by CIS. COMPUTER INF�� 'Tpr STEMS, INC "a' dim SIGNATURE: 41/41111t • OFFICER NAME: MICHA L EFy�' • • TITLE: PRESIDENT DATE: FEBRUARY 28, 2019 CITY OF PORT ARTHUR, TEXAS . • ' . . SIGNATURE: "., o NAME: • • • • • • • TITLE: DATE: SIGNATURE: NAME: TITLE: DATE: EFFECTIVE DATE: LAST DATE ENTERED ABOVE ADDENDA: A, P(5), R(4) 2 PORT ARTHUR, TEXAS 02-28-2019 PROFESSIONAL SERVICES AMENDMENT ADDENDUM A COST AND PAYMENT SCHEDULE A. SYSTEMS AND PROFESSIONAL SERVICES COSTS 1.0 SYSTEMS 1.1 Basic Program Products None 1.2 Special Program Products MCS Enhanced CAD Client(80 Mobiles @ $ 1,200.00) $ 96.000.00 Systems License Fee Total $ 96,000.00 2.0 PROFESSIONAL SERVICES 2.1 Installation, Configuration and System Generation MCS $ 3,000.00 2.2 Training Services and Expenses On-Site Training Classes Class Students/ Hours/ Rate/ Students Class Class Classes Class Total System Manager 5 5 8 1 52.400.00 $ 2,400.00 Patrol—MFR 70 5-8 4 10 $1,200.00 $ 12,000.00 On-Site Training Total S 14,400.00 Travel and Diem Expenses $ 3,060.00 Training Total $ 17,460.00 2.3 First Year Maintenance and Support $ 14,400.00 Total $ 33,860.00 Total $ 130,860.00 3.0 PROJECT MANAGEMENT @ 10% $ 6,543.00 Grand Total $ 137,403.00 Less: Internal Grant < $ 89,922.65 > B. PAYMENT SCHEDULE Net Cost $ 47,480.35 Nr. 1 Payment upon Execution of Agreement: Systems and Professional Services $ 20,468.68 Project Management $ 3,271.50 Payment Nr. 1 Total $ 23,740.18 Nr. 2 Payment upon Delivery of Systems and Professional Services Systems and Professional Services $ 11,738.68 Project Management $ 3,271.50 Payment Nr. 2 Total $ 15,010.18 Nr. 3 Payment upon Delivery of Training $ 8,730.00 Payments Total $ 47,480.35 3 PORT ARTHUR,TEXAS 02-28-2019 PROFESSIONAL SERVICES AMENDMENT C. CURRENT ADDITIONAL ANNUAL LICENSE RENEWAL FEE FOR SYSTEM(S): MCS $ 14,400.00 In the event that a specific date is desired by the User, the first Annual License Renewal Fee will be prorated to occur on that date and subsequent year, as applicable D. TERMS Net due upon receipt of Invoice as scheduled. E. ADDITIONAL LICENSE FEES The following CIS Additional License Fees are guaranteed for three (3) calendar years from the Effective Date of this Agreement: MCS CAD/Map/TLETS $ 1.400.00 MFR $ 75.96 4 PORT ARTHUR, TEXAS 02-28-2019 PROFESSIONAL SERVICES AMENDMENT ADDENDUM B DELIVERY SCHEDULE The Target Delivery Schedule detailed below represents a minimum time estimate based on a current starting date. The Actual Schedule will depend upon the date of receipt of order. Port Arthur Police Department delays caused by season, personnel, community events. technical problems and other factors beyond the control of CIS or the City. The following Target Delivery Schedule assumes a start date of March 25, 2019: Task Target Date 1. Preparation of PAPD Test System at CIS 06-21-2019 2. Management Orientation at CIS 07-16-2019 thru 07-18-2019 3. Training at PAPD 07-22-2019 thru 07-29-2019 4. Cutover at PAPD 07-30-2019 5 PORT ARTHUR, TEXAS 02-28-2019 PROFESSIONAL SERVICES AMENDMENT ADDENDUM P(5) MOBILE COMPUTER SYSTEM (MCS) 1.0 GENERAL The MCS System Software consists of any of the following: • MCS Server Software • MCS CAD Client Software • MCS Enhanced CAD Client Software • MCS State/NCIC Interface • MCS Mapping Software • MCS RMS Client Software 2.0 MCS CAD CLIENT TRANSACTIONS • CAD Dispatches to Mobile • Mobile Status to CAD • Mobile Disposition to CAD • Mobile Traffic Stop to CAD • Incident Log • Incident Blotter • Prior Call History • Premise Information • Displays ProQA Data • CAD Message to Mobile • Mobile Message to CAD • Mobile Message to Mobile • RMS Image to Mobile 3.0 MCS ENHANCED CAD CLIENT TRANSACTIONS • Incident Report Entry, Inquiry and Update • Report Flow • Person. Location, Plate, Date Range, Unit History Inquiries • CID Name Involvements 4.0 MCS STATE (CJIS/NCIC) INQUIRIES • Person • Vehicles • Firearms • Boats • Articles 5.0 MCS MAPPING SPECIFICATIONS • Displays Incident and Vehicle Location • Displays E911 Call Location • Uses Agency Shape Files • Interfaced with ESRI On-Line • Interfaces with Pictometry 6.0 MCS RMS WS CLIENT SPECIFICATIONS This MCS RMS WS Client enables the Mobile operator to access and operate the RMS System. A given Mobile operator may perform those functions permitted by his 6 PORT ARTHUR, TEXAS 02-28-2019 PROFESSIONAL SERVICES AMENDMENT specific profile in the CIS System Matrix Security System. Direct access to System Sign-On requires Terminal Services and Citrix and is subject to State CJIS guidelines. 7.0 MCS SYSTEM HARDWARE AND SYSTEM SOFTWARE REQUIREMENTS 7.1 Mobile Laptop Requirements • Processor: Intel Quad Core Processor • RAM: 8 GB • 500 GB Hard Drive or 256 GB SSD • Air Card—4G/LTE • DVD Available • Touch Screen • Back-lit Keyboard • Automobile Accessory AC Adaptor • Ruggedized • Windows 7 Professional or Windows 10 Operating System; 64 Bit • MS Word • Internal of External GPS is AVL is desired 7.2 MCS Server Requirements 7.2.1 Server Specifications Check with CIS for specifications applicable to the number of Mobiles initially and anticipated. 8.0 CJIS REQUIREMENTS 8.1 Virtual Private Network (VPN) and Two (2) Factor Authentication A Virtual Private Network (VPN) is required to satisfy CJIS requirements; two (2) factor authentication may be required. 8.2 Network Diagram User shall prepare a Network Diagram subject to State CJIS Requirements. Said Network Diagram shall be approved by the State CJIS prior to CIS Mobile Installation. 9.0 LIMITATIONS 9.1 Features Certain features and functions may not be available for the current version of the User's System, Windows, Mobile Laptops or Wireless. Check with CIS for availability. 9.2 Performance Performance, including response time is a function of User's hardware and wireless network or common carrier communications network and is outside the scope of the CIS MCS Software furnished herein. User will, at his own cost, purchase any hardware and software necessary to achieve and maintain User's desired performance within the limitations imposed by said hardware, including without limitation of MCS Servers, Laptops and wireless network. Masters\Addenda\MCS-P\Addendum P(5)07212018 7 PORT ARTHUR, TEXAS 02-28-2019 PROFESSIONAL SERVICES AMENDMENT ADDENDUM R(4) ACCEPTANCE PROCEDURES FOR SPECIAL PROGRAM PRODUCTS AND OTHER PROGRAM PRODUCTS 1.0 SPECIAL PROGRAM PRODUCTS 1.1 ACCEPTANCE PROCEDURES Acceptance of a Special Program Product shall be based solely on reasonable compliance with the applicable Addenda listed in the Definitions of this Agreement, or as set forth in any Amendment to this Agreement hereinafter, or as set forth in specifications in any Amendment to this Agreement as applicable. CIS will demonstrate that the Special Program Product reasonably complies with the Specifications set forth. Said demonstrations that the Special Program Product reasonably complies with the applicable Addenda shall constitute acceptance of the Special Program Product by the User. The System(s) Acceptance Procedure will be conducted in Two (2) Steps. The First Step will be conducted on the CIS Server(s) and Workstation(s) at CIS. The Second Step is Acceptance Verification and will be conducted remotely on User's Server at the time of Initial Delivery. User shall acknowledge User's Systems Acceptance in writing at the times of Systems Acceptance at CIS in Step 1 and Acceptance Verification in Step 2. 1.2 FAILURE TO ACCEPT In the event that a given Special Program Product is not in reasonable compliance with the applicable Addenda, User may reject said Special Program Product. If User rejects said Program Product under the provisions of Paragraph 1.1 above and CIS fails to cure the lack of compliance within ninety (90) days, then CIS shall refund the money received by CIS for that given Special Program Product. The User agrees that the User's sole recourse for rejection of a given Special Program Product shall be the refund of any money paid to CIS for that Special Program Product and that Special Program Product shall then be deleted from the Agreement and User's Computer. 2.0 OTHER PROGRAM PRODUCTS Other Program Product(s) consist of hardware and/or software and services supplied by other vendor(s) under separate vendor's license agreement(s) between the vendor and the User. The terms and conditions of the sale, acceptance, warranty, maintenance and support, are given in said vendor's license/purchase agreement. The User agrees that CIS' sole responsibility is to manage the transfer of User's funds received by CIS for payment to the vendor. The User will pay the vendor directly for maintenance and support beyond the vendor's initial warranty period unless payment(s) are made to CIS under scheduled Diagnostic support. 3.0 FAILURE TO DELIVER SPECIAL PROGRAM PRODUCTS AND OTHER PROGRAM PRODUCTS In the event that either User and/or CIS determines that it is unreasonable for CIS to provide for any reason including cost and/or compatibility with the System(s) any Special Program Product or the User does not Accept any Special Program Product on delivery 8 PORT ARTHUR, TEXAS 02-28-2019 PROFESSIONAL SERVICES AMENDMENT for any reason, then CIS will delete said Special Program Product and any balance due from the Agreement, and refund to User any monies paid to CIS for said Special Program Product. If the User decides to delete an Other Program Product if it has been ordered, and if delivered and not been placed in service (not connected to the System(s)), any payment made by CIS on behalf of the User shall be subject to the return policy and restocking fee, if any of the Vendor of said Other Program Product. Any balance due for said Other Program Product shall then be deleted from the Agreement. If the User desires to delete an Other Program Product, if ordered, delivered and it has been placed in service (connected to the System(s)), it shall only be subject to said Vendor's Warranty and Maintenance Policy. Deletion of any Special Program Product or Other Program Product from the Agreement shall not bear on the User's acceptance and payment for any Basic Program Product or any other Special Program Product or Other Program Product in the Agreement or any Amendment thereto. 4.0 OBLIGATIONS User acknowledges that User has entered into this agreement with the understanding that any or all of the Special Program Products and Other Program Products listed in the Definitions of the Agreement may not be deliverable or acceptable to the User and that the User's sole recourse for any failure to deliver or lack of acceptance of said products is specified in the above paragraphs. The disposition(s) of any of said product(s) shall not affect the other obligations of the parties hereto under this Agreement. Masters\Addenda\System(s)Acceptance-M,R1Addendum R(4)08072018 9 SIS M February 26, 2019 Fay Young Information Technology Director City of Port Arthur 444 4th Street PO Box 1089 Port Arthur, Texas 77641-1089 Subject: Professional Services Amendments No's. 1 & 2 Dear Ms. Young: Enclosed please find four (4) copies each of CIS Professional Services Amendments No's. 1 & 2. Please have the four (4) copies for each signed and return one (1) copy of each to CIS with original signatures. If you have any questions, please call me at 877-673-7800. Sincerely, Computer Information Systems, Inc. 2 ichael Ye'•. President Enclosure: Professional Services Agreement (4 Copies) COMPUTER INFORMATION SYSTEMS, INC. 17840 N. Lincoln Ave. I Skokie, Illinois 60077 Toll-Free: 877.673.7800 I Fax:847.673.7804 I Email: sales@cis.com I www.cis.com r S February 28, 2019 Fay Young Information Technology Director City of Port Arthur 444 4th Street PO Box 1089 Port Arthur, Texas 77641-1089 Subject: Professional Services Amendment Nr. 2 Dear Ms. Young: Enclosed please find four (4) copies of CIS Professional Services Amendments Nr. 2. Please have the four (4) copies signed and return one (1) copy to CIS with original signatures. If you have any questions, please call me at 877-673-7800. Sincerely, Computer Information Systems, Inc. Michael - . y President Enclosure: Professional Services Agreement (4 Copies) COMPUTER INFORMATION SYSTEMS, INC. 17840 N. Lincoln Ave. I Skokie, Illinois 60077 Toll-Free: 877.673.7800 I Fax: 847.673.7804 I Email: sales@cis.com www.cis.com rIS TN February 28, 2019 Fay Young Information Technology Director City of Port Arthur 444 4th Street PO Box 1089 Port Arthur, Texas 77641-1089 Subject: Professional Services Amendment Nr. 2 Dear Ms. Young: Enclosed please find four (4) copies of CIS Professional Services Amendments Nr. 2. Please have the four (4) copies signed and return one (1) copy to CIS with original signatures. If you have any questions, please call me at 877-673-7800. Sincerely, Computer Information Systems, Inc. Michael y President Enclosure: Professional Services Agreement (4 Copies) COMPUTER INFORMATION SYSTEMS, INC. 17840 N. Lincoln Ave. I Skokie, Illinois 60077 Toll-Free: 877.673.7800 I Fax: 847.673.7804 I Email: sales@cis.com I www.cis.com