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HomeMy WebLinkAboutPR 24542: APPROVAL OF THE 2 YEAR RENEWAL OF THE MASTER SERVICE AGREEMENT WITH DISCOVERY INFORMATION TECHNOLOGIES TO PROVIDE MANAGE IT SERVICES FOR 501 PROCTER STREET (THE PRESS BUILDING) I)( )1R-1 AI I '1 It I INTEROFFICE MEMORANDUM Date: September 16, 2025 To: The Honorable Mayor and City Council Through: Ron Burton, CPM, City Manager From: Krystle Muller, Interim CEO RE: PR 24540 I Approval of the two (2) year renewal of the Master Service Agreement with Discovery Information Technologies to provide Managed IT Services for 501 Procter Street and 549 4th Street (The Press Building) The intent of this Agenda Item is to seek the City Council's approval of the two (2) year renewal of the Master Service Agreement with Discovery Information Technologies to provide Managed IT Services for 501 Procter Street and 549 4th Street (The Press Building). Background: Pursuant to resolution 22-429, PAEDC entered into a Master Service Agreement with Discovery Information Technologies, of Nederland, Texas; as a member of the Region 5 ESC Cooperative Purchasing Program. Discovery Information Technologies has provided the PAEDC said Managed IT Services for a three (3) year period and the PAEDC wishes to renew the contract for two (2) years. The PAEDC is in need of continued Managed IT Services for their offices located at 501 Procter Street and 549 4th Street. Budgetary Impact: The budgetary impact of this item is $1,426.00 per month I $17,112.00 per year. Funds available in the EDC Account No. 120-80-625-5470-00-00-000 (Other Contractual Services). Recommendation: It is recommended the City Council approves the Port Arthur Economic Development Corporation's two (2) year renewal of the Discovery Information Technologies Master Service Agreement. I P.R. No. 24540 9/16/2025 JMC RESOLUTION NO. A RESOLUTION AUTHORIZING THE TWO 2-YEAR RENEWAL OF THE MASTER SERVICE AGREEMENT WITH DISCOVERY INFORMATION TECHNOLOGIES OF NEDERLAND, TEXAS THROUGH THE REGION 5 ESC SOUTHEAST TEXAS COOPERATIVE PURCHASING PROGRAM, CONTRACT NO. 20220703, FOR THE MANAGED IT SERVICES AT 501 PROCTER STREET AND 549 4TH STREET (THE PRESS BUILDING) BY THE CITY OF PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION IN AN AMOUNT NOT TO EXCEED $17,112.00 ANNUALLY, FUNDS AVAILABLE IN EDC ACCOUNT NO. 120-80-625-5470-00-00-000 (OTHER CONTRACTUAL SERVICES) WHEREAS, the City of Port Arthur Economic Development Corporation ("PAEDC") owns the properties located at 501 Procter Street and 549 4th Street, Port Arthur, Texas and has the commitment to maintain IT services of said premises; and WHEREAS,pursuant to Resolution No. 22-429,the PAEDC entered into a three (3)year, with the option to renew for two (2) additional years, Master Service Agreement with Discovery Information Technologies to manage the IT services at 501 Procter Street and 549 4th Street; and WHEREAS, the PAEDC is in need of continued Managed IT Services for their offices located at 501 Procter Street and 549 4th Street; and WHEREAS, businesses need managed service providers as they negate risks. Instead of outsourcing IT when a problem occurs, managed services allow consistent monitoring of a network. Also, all updating and maintenance tasks are handled by a managed service provider; and WHEREAS, pursuant to Chapter 271, Subchapter D, of the Texas Local Government Code, a city, by resolution of its governing body, may participate in cooperative purchasing programs established by the State Facilities Commission for the purchase of goods at prices established through purchase contracts of the Commission; and WHEREAS,per Resolution No. 20-019,the City entered into an Interlocal Agreement for cooperative purchasing with the Region 5 ESC Cooperative Purchasing Organization; and WHEREAS, Discovery Information Technologies, as a vendor on the Region 5 ESC Cooperative Purchasing program, has provided the Master Service Agreement Exhibit "A", as detailed in Quotation No.DITQ20404 Exhibit"B"for Managed IT Services for 501 Procter Street and 549 4th Street; and WHEREAS, at their September 15, 2025, regular Board meeting, the PAEDC Board of Directors approved accepting the renewal of the Master Service Agreement, Exhibit "A" for two (2) years as detailed in Quotation No. DITQ20404 Exhibit "B", in the amount of $17,112.00 annually for Managed IT Services at located at 501 Procter Street and 549 4th Street; and NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the Port Arthur City Council authorizes PAEDC to approve the two (2) year renewal of the Master Service Agreement, detailed in Quotation No. DITQ20404 with Discovery Information Technologies, through the Region 5 ESC Southeast Texas Cooperative Purchasing Program, Contract No. 20220703, in the amount of $17,112.00 annually for the Managed IT Services at 501 Procter Street and 549 4th Street. Funds available in the EDC Account No. 120-80-625-5470-00-00-000 (Other Contractual Services). Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2025, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers • NOES: Charlotte M. Moses, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED; Kryati Mtdkr, Interim PAELIC CEO APPROVID AS TO OM . k. Guy N Goodoon, PAElic Attortivy APPROVED ' '- _..,.......„ Roaann Paie Cetreneo, City Attorney APPROVED AS 'TO AVAILABILITY OF FUNDS: - yn V L a Bowen, Finance Director Exhibit "A" 7, MASTER SERVICE AGREEMENT THIS MASTER SERVICE AGREEMENT ("Agreeatent') is matte this day of t '; it 2022 ("Effective Date')by and between Discovery information Technologies, Inc. Ca"laster Service Provider"or"'MSP"), 904 Hwy 69,Nederland,TX 77627 and Pon Arthur Economic I)eveiuprneet Corporation,501 Procter St.,Port Arthur.TX 77640 ("Customer'). 1. SCOPE OF AGREEMENT. This Agreement serves as a master age:einent arid applies to Customer's purchases from MSP, of services ("Services"), as well as licenses for software, hardware, support and maintenance services, andror subscription services (collectively, "Product"). Customer hereby engages and retains MSP to renecr Services as more particularly set forth in Statements)of Work ("SOW"), purchase orders or other acceptable written orders, that may be attached hereto from time to lime by addenda,and iheeetty incorporated harem by reference.No Product or Services will be provided under this Agreement alone,but may require the execution of a written or electronic purchase order form,or other rnutua1ly acceptable order documentation,which contains terms relating to this Agreement,each of which must be executed by both parties and, upon such exe;.utu n. is deemed iticorporateri in tide Agreement for all purposes.The parties hereby limber agree that the parties may execute multiple Orders and Statements of Work under this Agreement In the event of any conflict between the terms of the Purchase Order and Statement of Work and those of tits Agreement, the terms of the Purchase Order or Statement of Work will prevail over this Agreement 2. TERM AND TERM iNATION. "I his Agreement wiii begin on the effective Date and will continue until each SON purchase order and'or written work order attached hereto expire*or to terminated. if an order of any kind is terminated. Customer will promptly pay MSP for Services rendered,and expenses incurred through the termination date Cancellation/Early Termination With Cause:This Agreement may be terminated ny either Party,with cause, upon ninety(90)days written notice if the other Party a. Fails to fulfill in any material respect its obligations under_ this Agreement and dae,not cure such failure within thirty(301 days of receipt of such written notice. b. Breaches any material term or condition of this Agreement and fails to remedy,such breach within thins(3Cli days of receipt of such written notice. c Terminates or suspends its business operations,unlese it air sueeeeded be a permitted assignee under this Agreement. Cancellation/Earl} Termination Without Cause: This Agreement may be terminated by Customer, a,thout cause, upon ninety(90)days written notice to MSP. An early termination penalty equal to one half(1/2)of the remaining ba:ance or the contract term value of any associated Statement of Work,purchase order,or other open order will he assessed and will be due and payable by Chen in full.on or before the end of the ninety(90)day notice period. Upon termination of this Agreement for any reason,MSP will assist Customer in the orderly termination of services, including timely transfer of the services to another designated provider.C"ustemer agrees to pay MSP its then applicable standard hourly rate ter the rendering ut such assistance or services 3. PAYMENT.Fees will be invoiced at the first or every month and wilt he due tturty t30i days from(late of invoice. Ali Fees payable under this Agreement are exclusive of sales, use, excise, and any other applicable transaction taxes, which Customer will pay if applicable(excluding taxes based upon the net income of MSP) If payment is not received on or nefore any invoice due date,interest shall begin to accrue and be payable at toe lesser of the maximum rate permitted under applicable law or at the rate of one and one-hait percent(I.5%) or any other interest rate to accordance with the state's law)per month from the date due until paid in full.Customer';obligation to pay undisputed amounts due for Services and AMSP's right to at'. such amounts are absolute and unconditional.f'.ustomer is nut entitled to setoff of such amounts All Fees will he detailed it an Order.Unless otherwise stated in a Purchase(truer.Customer agrees to pay of reimburse MSP for ail actual,necessary,anti reasonable expenses incurred by MSP m pertormance of such Purchase Order, which arc capable of verification by receipt" MSP will submit in voices to Customer for such fees and expenses either upon completion of the Services,or at stated intervals, in accordance with the applicable Purchase Order ur Statement of Weil€. 4. CONFIDENTIALITY AND NON-DISCLOSURE.Both Panics to this_agreement recognize that, from time to time. they may come into eoniact with information that the other Party considers confidential.Confidential Information is defined for this Agreement as all information(whether written or oral)that comes into a Parry's possession under or in connection with this Agreement that is reasonably considered by the disclosing Party to be confidential and is not public information. The Parties shalt keep all Confidential Information in strict confidenee,to the extent allowed by :au. 1 file recipient will use a reasonable standard of care in protecting Confidential Information. which will not be less than the standard of care the recipient uses to protect its own confidential information;only use C.onfidenual Information to perform its obligations and exercise its rights under this Agreement; nut disclose Cor:fidennai Information to any third party. unless compelled by a court of competent jurisdictions when requested by the disclosing Party,return or destroy the C-onfidential Information,except as may he required tty law. 5. PROVISION OF MATERIALS AND SICRVIC:ES TO MSP.Customer agrees to timely turrush,at its own expense, ail personnel, all necessary computer hardware, software and related materials and appropnate and safe work spaces for purposes of MSP performing the services Customer will also provide MSP with access to all information, passwords and facilities requested by MSP mat is necessary for MSP to perform the ser ides. Access may be denied for arty reason at any time,however if access to information,passwords or facilities is denied,( ust3mcr understands that the MSP may he unable to perform their duties adequately and if such a situation should exist,the MSP will he held harmless. 6. WORKING ENVIRONMENT,Customer shall provide a suitable working environment for any Equipment located at Customer's facility. Such environment includes, but is nut timited to the appropriate temperature, static electricity and humidity controls and property conditioned electncal supply for each piece of Equipment. Customer shall hear the risk of loss of any Equipment located at Customer'p*Ally 7. CUSTOMER RESP'ONSiBILITY FOR EUUIPAII.NT.Customer acknowledges that front lime to time(a)MSP may identity additional items that need to be purchased by Customer,and t,b)changes in Customer's systems may be required in order for MSP to meet Customer's requirements to connection therewith,Customer agrees to work in good faith with MSP to effectuate such purchases or changes. In the event than MSP is required to purchase any assets, including computer hardware and'or software, in connection with MSP pruvidine the services,all such assets will remain the sole property of MSP.Customer will be responsible for the quality.completeness and workmanship of any item or service furnished by it and for ensuring that the materials provided to MSP do not infringe or violate the rights of any third parry Customer will maintain adequate backup for ail data and other items furnished to MSP. Should performance of MSP's respvtttsibil;ties under the terns of this agreement,and subsequent Statements of Work,require that MSP place hardware anchor other assets at Customer's facilities, offices. or other Customer owned or maintained locations,MSP will he responsible for the maintenance of said assets under normal operating conditions If any labor,repair or parts replacement rs required because of accident. negligence, misuse, theft, vandalism. the. water. or Diner peril, or because of conditions outside of specificanons,including but not limited to,eiectncai power,temperature,humidity,or dust; or by moving,repair,relocation or alte:atimi not performed by MSP or any cause other than normal use, MSP's maintenance obligations described herein shall nor apply and Customer shall be responsible for all costs incurred for such labor,repair,or parts. !t is the Customers responsibility for any failkre or malfuna$ipa of electrical or tetecomnranications inirastructurc or services that causes damage to MSP s products or raminces and MST,disclaims all responsibility for any loss including data. 8. CUSTOMER DATA OWNERSHIP AND RESPONSIBILITY. Customer shall have sole responsibility for the accuracy,quality, integrity, legality. reliability,appropriateness, and intelle,tual property ownership or right to use of any data,information or propnetary material submitted by Customer to MSP. 8.1.Software Installation or Replication.If MSP is required ro install or replicate Customer software as part of the Services,Customer will independently verity that ad such sot wale is properly licensed Customer's act of providing any software to MSP will be deemed Customer's affirmative acknowledgement to\ISP that Customer has a valid license that permits MSP to perform the Services related thereto. in addition, Customer will retain the duty and obligation to monitor Customer's equipment for the installation of unlicensed software unless MSP in a written statement of work ('SOVe 'i expressly agrees to conduct such monitoring. Customer will indemnify and hold harmless MSP against ail damages and expenses it may incur(including reasonable attorney's fees and disbursements)related to Customer providing infringing materials to MSP or any Customer breach of this Section 9. INTELLECTUAL PROPERTY.MSP retains ail ir,te,iectual property rights in any properly invented or composed in the course of or incident to the performance of this Agreement. as well as any software, materials,or methods created prior to or after conclusion of any work. Customer acquires no nght or interest in any such intellectual property,by virtue of this Agreement or the work perfumed under this Agreement. 9.1. Customer may only ise and disclose Product in accordance with the terms of this Agreement and applicable Order MSP reserves all rights in and to the Product not expressly granted in this Agreement Customer may not disassemble or reverse engineer any software Product,or decompile or otherwise attempt to derive any software Product's source code from executable code,except to the extent expressly permitted by app )cable law despite this limitation,or provide a third party with the results of any functional evaluation,or benehmarking or performance rests on the Products. without VtSP's prior written approval Except as expressly authorized in this Agreement or an Order.Customer ntav not(a)distribute the Product to any third party (whether by rental,lease,sublicense or other transfer).or in operate the Product in an outsourcing or MSP business to process the data of third parties.Additional usage restrictions may apply to certain third-party files or programs embedded in the Product -applicable installation iuistru+:tiGus ar release notes will contain the relevant details. 9.2. License Agreements. (a) License.Subject to the terms of this Agreement.MSP grants Customer a non-exclusive,non-transferable license to use and modify all documentation,reports.and any other product provided as part pas the Services solely for its own internal use.This license is valid during the term of this Ajetment. (b) Pre-Existing License Agreements.Any software product provided to Customer by MSP as a resetter for a thiro party, which is licensed to Customer under a separate software lieerae agreement with seen third party, will continue to be governed by the third party license agreement (c) End User License A,reements (FULA). Customer hereby consents permission to A'iSP to sign all ELLA's necessary for any software product installed on Customers computer system. 9.3. Third-Parity Products. Product warranties for third party products, it any, are provided by the manufacturer thereof and not by MSP. MSP'S sole obligation is to act on behalf of Customer to assist in the satisfaction of any such warranty.No additional warranties beyond the manufaeturer's original warranty arc provided or implied by MSP. 10. WARRANTY. MSP warrants that it will perform the Services substantially in accordance with the specifications set forth whether under this Agreement,a statement of work;a purchase order,other work order or otherwise in connection with any of them.For any breach of the foregoing warranty,MSP will exercise commercially reasonable efforts to re-perform any non-conforming services that were performed within the fifteen(15)business day period immediately preceding the date of Customer's written notice to MSP specifying in reasonable detail such non-conformance IIMSP concludes that conformance is impracticable,then MSP will refund al;fees paid uy Customer to MSP hereunder,if any,aliocable to such nonconforming Services. Notwithstanding the above, )MSP does nor warrant its products or services beyond a reasonable standard or skill consistent with industry standards.MSP does not guarantee or promise any cyst,swims,priitits,or returns Ott investment 11. SOFTWARE.HARDWARE.&SECURITY Customer understands and agrees that data loss or network fatiures wt:_ occur,whether or not foreseeable,and that said losses or fat lutes are more likely to occur if Customer fails to maintain proper security for its computer and information systems, including software and hardware updates. Customer therefore warrants that it will follow software and hardware updates and maintain specific security standards,policies, procedures set forth in Addendum A('`Network Security")attached hereto and incorporated herein by reference. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT NO NFTNC11tKK CAN BE !►LADE ONE HUNDRED PERCENT (1011%) SECURE. AND TIIAT FOLLOWING ADDPNDLM 4, OR ANY OTHER RECOMMENDATIONS MADE BY MSP, DOES NOT IMPLY NOR GUARANTEE FUI.1., A13SOLtrlE SECURi'TY. 12. TERRORISM AND C'YBER TERRORISM, In no cent, including tht negligent act c. omiss4nn on its part. shah MSP, whether under this Agreement, a purchase order, other work order or otherwise in connection with any of than, be liable in contract, OS, third-party: liability, breach of statutory duly or otherwise, in respect of any direct, indirect or consequential losses or expenses, including without iimitat;on loss of anticipated profits, company shut-down, third-party loss or injury, any loss because of data broach. any loss of personally identifiable or protected information, goodwill use. market reputation, business receipts or contracts or commercial opportunities. ;whether or not foreseeable, if such loss was the result of or arose from any act of cyber terrorism.including but nut limitec to lansomware.viruses.'malware of all types, terrorism, strike or similar labor action, war, invasion. act of foreign enemy, hostilities or warlike operations, civil war, rebellion,revolution,insurrection,cavil coininotio;,assuming the proportions of ur amounting to an cpnsmng,or any action taken in controlling,preventing or suppressing any of These things,including any such act or series of acts of any person or groups)or persons, whether acting alone or on behalf of or in connection with any organizaron(s),committed for political. religious or ideological purposes tncluding but not limited to the intention to influence any gevernn,e.tu and ur to put the public in fear for such purples h.y 1.1511).k alkiratioceilly that are directed towards the. destrui disruption or suriversion OT ornniunicaucn an C wog*, takeisitucrure. computers. teles:.oirmiuL:c4iloits etectronic networks 4prd:tot Its cauterit tileret•I'l or saboitage anti at threat thcienOti13 ', TKLEMARKETINC& UNSOLICITED MAILS. osirat,iraltallog die neal,atint ki..4oriimissiori on its Nit, shalt MSP. whether under this Agreement,a purchase order,other work k-kftief othc,..rwisr. coniaei.iiort voth any of-.herr:, he liable in contrao, tort, third birai..f, of statutory duty of othloytat, ju Ieie o any dirw, lli1/41.iieCt co: consequential tosses co e-.4.perscs, Liltib withcat limitation 141.0 of 4410444 twaill4„ snot eitsvri third-party loss or injury, any loss reraltse of data breach,my 6§of personally ideritifiabic 01 prote.ctud riforoiaiior goodwill; fnarket reputation, busines,receipi.surc011trisq§ KaffitgNi,014.purturiiii,Ntithi i ri .r friresetante ir the t-ustonye7 data is breached hec.i.lifie Of the distribution of tiftwielicti ef414 gifeg road, fusilThlea, i.t,ti0.11,1:'6or sse Otolc, collection of information by means af electrottia t'apideri" "spybsits",t'spy wire , w.re tap rig !deo :Aid-tents tit dentification tags 14. EXTRAORDINARY EVENTS. In rio event, including the oegitgen, act or ornissio,3 on its part. stall MSt wren-ter under this Agreement,a Statement of Work,a puic,fiase order,uitiet Akin<ord., .'thcrs,. ii iiiiiiinciclion with any of mein he liable in contract, ion, mud-party uriility breach or i.taiutori, duty or soiltelAitSei ri respe.ct of ar,y Orieci, indirect o; consequential losNes orexperties, including without itni,tai,t4i loss of aiit,;.ibated ifo1is, ortiparly shut-down third pariely loss or injury, any ;OSs be..:_ause ot data breach, any tris or persit)i,Ally ILIC..nt.ircibit or protects 3nWrrnittlota, market reputation, tHIS.1111.4vS receipts or contracts or Lorcitneiciai apparruruoes, svhhci oot toteseracte. suci.to !i,ss wra the result of or arose from any failure or malfunction or claim...at telecoliimunic,ations inrt-astruaurc of SCIA';‘2.6S.101 Lii141 MSP's ciontrol, arty satellite failure. or from any the flood, earthquake, voli.anic cluptiem, explosion, noting., wiryd, 140, tidal wave,landslide,act of Goa‘-it other physhrai evero IS, LIMITATIONS OF U481141% EfE-Pi 1410,1st: NvilED i\ Tits. Aitmv.444.1, pLit CIRCL/MST.kNCES STIAI.1 MSP HF ELAM! t'St(/14C(Kgt spkeim,uNciDp4tAt. c fiNggig DAMAGES,OR OR AN-f AMOUNT INEX:ES oF-gm tichNsE FEE FAR INDIRECT DAM ACIES, I iS OF (.11401.) WILL OR BUSINESS pRoFrrs, 1,10 ktoc' STOPPALTE, iAfsk Loss, comp:,(TER 1,8,i1 L to. ;-,:q MALFUNCTION,ANY ANL ALL OH-11,R COrvIlviEVIALPAIvIAsliES O . oft EX-DAVI AR); DAMAGES LINER NO CIRCIIMSTANCES SHALL MSP'S ACKilitf.uATE 1.IABII Us A/0 siNCI FROM Ok <-1I REE&IING Tf)THIS Ar.....REEMENT EXCEED HIE I LIS PAiii NIDER CHIS REruMuNi MSP SHAlL Nflf Bt. I IAIILE tO (.1110,114044. FUi rffiLAy IN 1:j4w-ERN' OR P ERFORMAN FAILURE TO 1)I,1,IVER OR PERFORM AT Olt WITTEN; ITE DEAT1141010 lit I FOR iH Its THIS AtikEEIvILN!. [EXCEPT To THE EXTRNT THAT sucu DELAY ON IA A R1.siJ@f'MSP'S SOLE NF(ii.ft)ENvE MSP'S EMPLOYEES.Fitittira,Elting,and[rattling employm ig time consuming soil cuch C‘iSt,,,Mc!r agrees Thai will 110i while doing business with MSP.and for(-me(!)*ea: Midwife*hitt aav person who is t.), was an cltl;uuvei ot NASP during the period of Custorrier's and N1SP'v business relaitonhip, without ratifying in writing, and•,-teeisIng Inc expressed wntten consent of an officer of MSP Customer agrees that if thci staailit fail to riciti5 MSP and ice . said coni Customer will be name to IMSP for liquidined damages in an aohnuir iu5J to;Inc sear's wages 3t tne puoyiw iat 1 rlree„ al the rate Iasi pats ctilid etrip.oye-e by MSP. DISCLAIMERS the express riinedies set form a dos lgree,oent Wil SOtueust:oriz. eu ,eindises sic MSE's sole obligation and liability, tor any claim(a)that a serCice deli serable provided hereundet does not conform to specifications(or Ho otherwise doleqtv#,of(b)that the Servii;es pertinicioA irriproper:y MSP shall not he responsible 1,o-impairments it he Se,,rus caasca gut within the control ofCiistorner or its etr*icteek, agents, contractors, suppliers or licenses, the imenyeraniniy of C\oitorfet applications. or wine ..42.115C icasonatt*wirattt Customer's control and not reasonably related to services preiJed under this.%greet odd EXCEPT #012 WARiAisifILS MADE i3' MS1' IN iNi i/ATIC-Fi ARE i_LNIIIL) AND, nil, ONLY WARR ANTIES PROVIOLD i CI,51ttM.EP,THE SERVICES AND DI 1.1VERAIsi AR.E P.ROVIDED STRICTLy..Aff-is"MSP DOES NOT It/LAKE ANN ADDI iron; WA,RRA.N I 1LS, EXPRESSED IIMPI.11,..) \ FROM COURSE DEALING OR 14MIE Of- TRADE, OR Si A IUTORY, AS lO IRE IVL.RABLES OR SLR VICIS PROVIDED Hi TtELNDER, OR ANY MA il-pR WHAP:Of 1 5 I mitp.ks DISCI ADA .m.A. W RRANT It S Or MERCHANT AP I t ITV VI INES'S FOR A PARTICLII..,4 Pt-V(4k SApsyrAcToky Qt fL!LL AND NON•INFRENOEMEN' 4 MSP DOES NO1 VvARRAN'I [HAT THE SERVI(:ES OR A.i-\l' i)t-.I it U.R.ut4i.ES Wui_ li.i.E.1 1 &NY PART1;_i i..AR CUSTOMER REQC TRFMI:N IS. THA 1 AlsIli DUI. WEB A131..:-.s 'U1-i OPE-:R A i t- tN UHT. i Ov2BLNiATIONS THAT CUSTOMER MAY MI ICI 1OR USE, THAI TILE OPERA IION of Ass"i' I)F-LIt'I RAf1LES WUJ. BF LJNLNTERRUP it 0 OR ERROR-FREE„OR THA i ,'O 1 tiki&C)RS CAN cosk( I i-.1i IF PRE. PKOL)t Tiu'tt:t 1., "ALPHA" OR "BECA') RELEASES OF SOFI.W=ART ARE PfiiQV p 1-0 CUSTOMER. SUCH COPIES. ARE PROVIDED"AS-IS"'WITHOUT W'ARRAN"I Y OF A'VN KENT) No statement by any MSP employee or agent,orally or ill Wrung; ;viii seNt tj€r'e;tie any warranty or obligation riot set louts herein or to othei wise modify this Agrreirieut is tnywhy whatsoever IS: SE-STRAW:1API.II'any provision of this Agreement is determined 1 pete.t .inuui:lien ti,t; iiiegiu or 1i ,enforceable,stn n pawl sior'i shalt be automatit•itliy teluruirct and . not so as In be v'atzd_•Nptiotive and of rceabie-10 the maximum extent permitied by taw ar tstitm whit@ Fiteserving its ti ginal intuit Che iria;!diti of any pan of this Agreement shall not reader invalid the remainder of this Agreemeei. 19 .4MENDMENT,:rids Agreealerii may nut be arnenticd ex.;cpt by a witting executed by an aut'horize:1.iah+ 440740.1440. 20. RELAI R)NSHIP, I he Parties are independent ttartie its this Agveernetn clywa i1@t fibs:ttt6 Parka principal and agent,partners,employer and eniptc,yse, not does it tieatC a Jgi,fi writure.. 21 LAW.This Ag;eeineni shall the governed by and ccnstr u:d in ac:wrdarice with the taws of the State of Texas w1tnoLt reference to principles of conflicts of laws_ [he Parties Irrrvocabiv submit tC the exclusive iuristlinion of the courts of me State of Texas. 22. WATVFR.Failure by either Pany to insist upon sir,;t pertorrnance of any provision nerrin shall not be deer-red a waive,' by such Party 4f fig€fifthi8 1u remedies,of a waiver by it of any suhsequeni default by the other Part) 23 FORCE MAJFURE. W:ta the excepwnn of i'tusiarner payrreni for service reiidcrcxi,aeith r party „hal: fir ,: ;,;i.,s:b.e for any failure to perform or delay caused where such failure or delay ,s d„e to circumstances reasonably beyond the party i control.This Includes Tire, flood,ea;'tie]uake, vulcaniC cruptinn, dxpisisitm. 1,gnt.eAing rsiiid, hats,tidal',ca\e, landst3 ' of God or any other pflysi.al event. : ° 24, ASSIGNNME II.Neither Party rnav assign its figIng of ohhog iAitft i?f to? Ape:en-rent 1A°1thp t its;,other Party'4 Ktw wntten consent whicti snail not be unreasonably wittthllt 25. COUNTERPART AND E1-.k;CIRONIC SIGN A tiRES. ft�y % A neeoier,t may be sxe.. d ut. in any r,urntret or'counterparts, each o1 which shall tiedeemed to be an onegii,ai anii ill 0 wkich togcrtici ariaii be dveine ;o one and the same instrument The'ustotners electronic sigrwtt,re or trio,Agreement shall have tnc same+oidits arid effect as a sigitatu-e affixed by the Customer's hand, 26. ENTIRE 4 GRL.E: 1ENi1. this A grcen:eui c,inst{Tnie.n tree entire agreement by and between tht 1'artics regarding toe .404ject matter contained herein, and supersedes an prior and coutemporatisous uiicteriakin64 arcs a ecinent of the Proles whether written or oral,with respeci to such subject matter Cusiotrtgrf--jsjt Arthur Fconufnic Extvelupmem Corpotanon MS?- Disu-.,,er1 lr,l ni atior Iechriologtes,ink- Printed N ` r Name; / meted i@ „,_-_,A.,, - V t`t ki + ( r - h t Date: C 1 _.... .. ADDENDUM A NETWORK SECURITY Customer agrees to abide by and fullotr the network security standards, actions,policies,and procedures set forth below; 1. Patch, Update and Upgrade Software in a Timely Fashion Apply all available operating system software patches and updates in a timely fashion, using automated processes where possible. 2. Require End-User Security Training End-users must attend training that increases their nctwatk security risk awareness.especially as• it relates to email and online behavior. 3. Set Standard Security Requirements Have minimum; layered security requirement;for all users and equipment,including password requirements,antivirus, firewal ls,and disabling open external RDP access. i, Set Strong Firewall Policies Block web sites that have a high prigigbdity of containing malicious code,including social media sites,gambling sites,pornographieigghet material sites, gaming sites,and sues/emails for outside the Ll S. 5, Enforce Strong Password Policies Passwords should he at least 12 characters in length, include upper and lower case letters,numhersrspccial characters,expire after a maximum of 90 days,lock the users out of the account for at least 30 minutes after 5 unsuccessful login attempts,and should not be shared between users. 6. Utilize Multi-factor Authentication Multi-factor authentication should be utilized for all systems for which it is available. 7. implement Future Security PoliciesiActions Implement additional security policies actions that may be outlined by MSP in the future,in order to protect against new and evolving security threars. Accepted for Port Arthur Economic Development Corporation on• 12; _l Authorized Signal-nets). _} Print Name: ' Title: Addendum B - Statement of Work ProMSP Fyii Managed Services This ProMSP full Managed Services Statement of NioiK i'PW' povereed ender tore Moller SeTytce Agreement ("Agreement")between MSP and Customer 1 Services Subject to ttte terms descrtbea❑t this SOW and in the attached Schedule ,MSP shall provide tne services listed in Schedule t,attached("Services") far the devices listea r i Scheduie 3 The seivic vrovided as part of Schedule 2 are subject to change at MSP's drs,.reuon 2 Commencement Date The Services will Co nmente un the foilowing date. The date that MSP deploys es monrtonng agent to the Customer's applicabiecoc,ered absices i"C,rnrnencemeni Dale';. iervi.es will continue to be provided until the term of this SOW expires, unless sooner terminateo pursuant to the Agreement or as expressly indicated herein. 3. Equipment Changes in the event that new equipment is added co the Cient's network,a properly compieteo Change Order Form must oe submitted and monthly fees wilt auttematicaily oe adjusted to Lover said equipment 4. Coverage, a.Remote tieipdesk and Vendor Management of Client`s i, networks will be prov ded to the Ghent by Discovery i.T through remote means between the nctes of 8.00 err- $:00 pm Monday thiougn Friday,excluding public holidays Netwci r Monitoring Services will be provided 24/ ,965.Ail services qualifying under these condrtrons,as wail as Services teat tall outside this scope wil tali under tne provisions of Schedule 1 b. Discovery I.T will resound to Cheriee Trounce Tickets under the provisions of Scneouie i ano wits, best effort after hours or on holidays. jroubie Tickets must oe opened via our customized poital =_Cam;sur,tcort 4#by phone if internal is uoevailaiire Each;ail will be assigned a Troubie Ticket number for traeking. Our escalation process s detailed n Schedule 2. c. Emergericy services performed outside of the hours'f 8 00 am- 5,30 pin Monday througn rrivay, excluding public holidays,shall be srihjedt to provisions cn Schedule 1 .a:.Less to emergency services can be gained by calling Discovery l.T. s main n,:rnteer,ig0M-W-iy000,eitsi foiiowr;ig the prompts tor after iger!service,and leaving a Medea message d. in no event snail Discovery c T.be held liable for,ndirect, special incioentai or conseeuentia` damages arising under this corm act,including but not limited to loss of profits or revenue,loss of t.Se of equipment,lost data,costs of subsirtute equipment,or other costs. e. Discovery i T.or its suppliers shall not be riabie for any refire(.i ,ncroenta,caaseq,�r~atiai,Fur e'er:, economic or property damages whatsoever;inc:iuding airy damages ter loss of business pro`rts, business interruption,loss of data or other pecc,r,ie;y kiss,arising ottt of this Agree;neat f. Customer grants Discovery i.T.authorization to view any data within tne regular routine;rf the repair or system improvement 4:usterne;disc,r,utbootes Discovery t,T.to reasonably delete,..narge, and/or rewrite any necessary information to complete the system 1F or irr,provernent that is onsistent with the standards aria practices in ire indusi.y 5 Monitoring Services. Discovery!7.wilt provioe ongoing monitoring and security services of all,critical devices as indicated in Scheduie 2, Discovery i.T.will provide quarterly reports,in the ta-rn or a 0uarterty Business Review,as welt as document critical alerts.scans and event resolutions to Client Should a praDtem be discoverers outing monitoring,Discovery IT shall.matte every attempt to tectsf' thg cun;dit,ori in a trine, manner through remote means. 6. Minimum Standards Required for Services r„eider for Cliat{ts existing environment to qualify ty Discovery i.T.'s Manager Services the tnirowieg requirements f yg be met a. All Server and Desktop Softwai e Operating Systems,,arig eppecations must De.ertuine, Licensed and vendor-Supported,and all of the latest Service Packs aR¢Critical updates must oe installed b. The environment will utilize a current;y icensed,up-to date aria Vendor-Supported Server-baser Antivirus Solution protecting all Servers Desktops.Note000ks/Laptops,and Email wneh will be provided by Discovery i 1 as part of the Managed Services program. c. The environment must either utilize Discovery I.T.'s Backup&Disaster Recovery(Ri3R)Service or nave a Discovery I.T.approved,currently licensed,commercial grade,Vendor-Supported Server-based Backup Solution that Customer will accept responsibility for administering. d The environment must have a Discovery i.T approved,currently licensed,vendor-Supported. commercial grade,hardware Firewail between the internal Network and the Internet. e. All Wireless data traffic in the environment must be securely encrypted to standards which are acceptable to Discovery I.T.. f, industry standard network!internet security policies will be enforced,including,but not limited to blocking of social networking Internet site.enforcement of password change and lockout policies,not allowing open RDP ports,and enabling SSc/deep header scanning. Should Client request that required standards not be enforced for convenience or any other reaso' Client assumes all responsibility and liability for any'.onsequences of Client s decision to request that the required standard(s)are not enforced and expressly acknowledges that Discovery 1.1- shad not be held responsible for said consequences, 7. Chronically Failing Equipment. Fxperienre has shown,equipment belonging to the client which has?nitially passed Minimum Standard Requirements for Service can reveal itself to become chronically failing. This means that the equipment repeatedly breaks down and consistently causes user and business interruption even though repairs may be successfully effected. While these circumstances are rare;should this occur,client agrees to work constructively and positively with Discovery I.T. to replace the equipment at additiona'. cost to client through Discovery i.T. 8. Excluded Services, Services rendered under this Agreement do not include: 1) Customer s phone and other telecommunications systems,unless separately contracted. 2) The cost of any Software,Licensing,or Software Re_newel o'Upgrade Fees of any kind;except Anti-virus software provided by Discovery I T. 3) The cost of any 3i°Party Vendor Or Manufacturer Support or Incident Fees of any kind 4) The cost to bring Client's environment up to mnimurn standards required for Services 5) Failure due to acts of God, building modifications, power failures or other adverse environmental conditions or factors. 6) Service and repair made necessary by the alteration or modification of equipment, software, or systems, other than that authorized by DISCOVERY I T., including alterations, software installations, cyber-attacks of any kind, or modifications made oy Client's employees or anyone other that, DISCOVERY LT.personnel. 7) Maintenance of Applications software packages, whether acquired from DISCOVERY LT. or any other source unless specified in Schedule 2. 8) Programming(modification of software code)and program(software'maintenance. 9) Training Services of any kind 10) This proposal does not include replacement of, parts required for,or data migration necessitated by repairs on any Customer owned equipment,including,but not limited to,computers,servers switches, printers,screens or peripherals, PDA's, Point of Sale Scanners, Digital Cameras, Cell Phones nor any other specialized accessory. 11; Consumables of any kind(such as printer maintenance kits. toner, ins batteries,paper,etc.)are not included or covered under this service agreement and will be invoiced separately. It is understood that arty and all Services requested by client mat fall outside of the terms of this Agreement will be considered Projects,and will be quoted and billea as separate,individual Services, An initial setup fee may apply, to begin a proposed Project. Upon completion of the project,billing for the Project will take place immediately. 9. Pricing and Term. All prices are per designated.:nit,pet month Appticebie sales/use tax will be added to all billings Specific quantities,per type of fee/cost,will be detailed in quute 4DITQ20404 initial term is_.36 _months,with en option to extend for up to two(2)additional years. a. ProMSP Full Site Management(FSM)Suite—Site Fee $ 49.00 each per month b ProMSP Full Site Management(FSM)Suite—Desktops/Laptops $ 35.00eac! per month c. ProMSP Full Site Management(FSM)Suite—Infrastructure devices $ 49.00 each per month (firewall,switch,excluding Cisco devices) d.ProMSP Full Site Management(FSMI Suite—Software Appiications S 100.00 each per month e. ProMSP Full Site Management(FS149--infrastructure uevices S 99.00 each per month (Cisco firewalls) f. ProMSP Full Site Management(FSM)—Windows servers $ 149.00 each per month g. ProMSP Full Site Management(FSM)—Shoretel Phone System Server S 149 00 each per month h. One Time Setup Fee $ 150.00 upon initial setup Accepted by= r i1 Auth r ized Signature,Title Customer !ate V.P. Discovery Information-Technologies,inc. Authorized Signature,Title MSP Date DISCOVERY I.T. — Full Agreement Schedule 1 • • RESPONSE AND RESOLUTION TIME it PO*titt'N'NNW btlI iitihf RE+ NN IA* i�i i Nii�ll ftiVtti 1 N (1iV i)ii Ftik3.) fN>� Mti-t,) Ott ifs.► Service not available (All users and functions MOOR a hours ASAP-Best Effort unavailable.) NPI�lr3 Significant degradation of service(Large number of users Within 4 Hours ASAP Best Effort a or Business Critical Functions affected.) Hours Limited degradation of service (Limited number of users or functions affected,Business Within 24 Hour= ASAP Best EKo; 48 yours Process can continue.) Small service degradation (Business Process an continue,or only one user Within 48 Naurs ASAP Best Effort 96 Hours affected.) Please note: All work done after hours is done at "Best Effort"to find a solution. SUPPORT TIERS The followmm table details sIM describes our support Tiff l� SUPPORT TIER DESCRIPTIt3ri Or SUPPORT ESCALATlaN All support incidents begin in Tier.,where the initial trouole ticket is created;the issue is Tier 1 Sup ,dentifled and clearly documented and basic hardware/software troubleshooting is initiated. Ail support incidents that cannot be resolved with Tier 1 Support are escalated to Ter 2 Tier 2 Support where more complex support on hardware/software issues can be provided by'nor experienced Engineers. Tier 3 Support Support incidents that cannot be resolved oy Tier 2 Support are escalated to Tier 3,where support is provided by the most qualified and experienced Fngineers who have the ability to coilabordte with 3rd Party(vendors)Support Engineers 20 resolve the most complex issues. DISCOVERY I.T. — Full Agreement Schedule 1 (cont'd) 1, Support Request Submitted by Client (By Phone,Service Portal or E-mail Request) 2. Trouble Ticket is Created 3. Issue is Identified and documented in Ticketing System 4. Issue reviewed by Service Coordinator to determine appropriate routing 5. Trouble ticket assigned to Technical Resource 6. Trouble ticket resolved or re-assigned as needed Schedule i (cont'd) DISCOVERY I,T, - Service Flow Chart 6 This chart outlines how rvice Requests are hared and processed _ I - Ft 1 g . „t. • ! - 2 • I 1 DISCOVERY LT. — Full Agreement Schedule 2 uriomoomosser**------- - GENERAL ilEir NiPTit1►y maioN t atittott Hardware and Software Changes Documented As needed 1fg9 Quarterly Technology Business Reviews Quarterly 1(fl SERVERS Manage Servers Ongoing YES Check Print Queues As needed YES Server Monitoring and Crucial Services Alerting Ongoing YES Monitor Event Log for potential issues Ongoing YES Monitor Hard Drive free space on Server(s) Ongoing YES Monitor Server Resources Ongoing v c Monitor Active Directory replication Ongoing YES Exchange Server Management As needed YES Manage Group Policy As needed YES Reboot Servers if needed As needed YES After Hours Server Maintenance As needed YES Management of Network Users,Email Accounts&Security/Email Distribution Groups As needed YES Perform Microsoft Updates as per company policy Ongoing YES install Approved Line of Business Application Updates As needed YES Alert Client to any serious server conditions As needed YES DISASTER RECOVERY Monitor Backup Status** Daily YES Monitor Test Virtualitations•• Monthly YES Manage Automated Offsite Backups" Daily YES Perform Disaster Virtualization•• As needed YES ...included as part of Discovery Cr's Backup a Disaster Mcovery(BORI Santis,which.s contracted-ndeoendently from the service agreement. DEVICES Manage Desktops Ongoing YES Manage Other Networked Devices As needed YES Manage Smartphones As needed YES Schedule 2(confd) NETWORKS ame Performance Monitoring/Capacity Planning As needed YES Monitor Network Switches and Internet Connectivity As needed YES SECURITY Check Firewall Logs As needed YES Manage Security Services on the Firewall As needed YES Manage Client Provided Content Filtering Policy As needed YES Manage Email Spam/Virus Filtering Solution As needed YES Manage Client Provided VPN Policy As needed YES Monitor Anti-Virus Agent Ongoing YES Manage Client Provided File Security Policy As needec YES Set up new users including login restrictions,passwords,security,login to existing applicationsAs needed YES Set up and change security tor users and applications As needed YES Monitor for unusual activity among users As needed YES PROFESSIONAL SERVICES 8x5 Help Desk Phone Support As needed y{� Remote Screen Sharing Desktop Assistance As needed yESi Onsite Field Support for Included Services As needed 'DES Technology Solution Consulting As needed Quarterly Business Review Quarterly SERVICE RATES t!1lirtp kciti3°r. Network Monitoring: 24 hours a day,7 days a week INCLUDED Help Desk: 8 hours a day,5 days a week-Monday thru Friday excluding holidays INCLUDED Remote Network Management. 8:00am to 5:ooprn-Monday-Friday, excluding holidays INCLUDED Onsite Labor*: B:OOam to 5:00pm-Monday-Friday,excluding holidays INCLUDED Major Site Outages; 8:00am to 5:00pm-Monday-Friday,excluding holidays INCLUDED Schedule 2 (cont'd) tASOR SERVief(AE'ftlt BufilaE MAIM) r ;t Remote Network Management Current Hourly After Hours Service Rate Onsite Labor Current Hourly After Hours Service Rate Excluding new installations,protects,customer requested moves.adds or changes,yr other excluded services. 10 Addendum C - Statement of Work Data Backup and Disaster Recovery Service (BDR) With Offsite Option 1. Services Provided a. An on-site Backup& Disaster Recovery (BDR i unit that acts as a local storage device and stand-by server in the event of server failure, b. Incremental backups done on the BDR at selected frequency c. Secure Remote(Off-site)Storage provtJed at a minimum of two t2)hardened Data Centers d. Secure multi-site replication of BDR data a Day to day data restoration of files file folders or ernails f Full recovery of data, with the previous days data being the most current information provided from the off-site data center, in the event of total catarstro the a the server and BDR on site are destroyed. �4. g. Full management of the BDR units) ana remote storage and;or replicated BDR including 24x7 monitoring and alerting; periodic backup testing and problem resolution. h Regular maintenance of the BDR unit(s)including any lanor and materials i. Help Desk and dell in based local technical support during normal business hours 2. Security a. Data is encrypted, using 256-bit AES encryption technology, before!caving customer servers it using the remote off-site storage option, the data is then encrypted again for its transit over Inc Internet. Files are then stored,in encrypted form, on multiple servers in secured facilities. b. SSL(Secure Socket Layers)technology is utilized for remote communication Oniine backups of data are encrypted at ail times using the 256-bit AES encryption. c. Data is hosted in an encrypted state at the remote Data Centers. 3. File compression Files are encrypted before Deng compresses op the BDR. 4. Backup Frequency Backups to the on-site BUR are set to occur hourly,but can tie adjusted to times as short as every fifteen(15) minutes upon written customer request Off-site backup frequencies will be dependent on image sizes and Internet bandwidth available but are typically performed once per day (usually during non production hours) 5. Smart Data Transport Data transmission can easily be configured to minimize bandwidth consumption. b[)R leverages Adaptive Bandwktth rhrottiing, which allows u3 to set a limit on outbound bandwidth used it is me Client's responsibility to notify and/or consult with the MSP if they wish to utilize tnis Adaptive Bandwrcth Throttling feature 6. Remote Storage provided at two high evaiiabtfity Data Centers(only applicable rf the remote off-site storage option is chosen). a. Redundant storage with backup images stored at the data centers on a SAN at the primary facility,then replicated to the secondary facility b. Connectivity provided by multiple providers with automatic failover capabilities c Facilities provide fiber optic network drops for our backbone. d. Full physical secunty at each facility including security cameras,and key carp access e. Network is secured with high-end redundant,automatic failover firewalls f. Environmental control provided g. Automatic backup power provided by on-site generator. h. All data stored at the off-site data centers is encrypted 4ilizing a secure 256 bit AES encryption algorithm. 7. Retention Periods: On the local Network Attached Storage(BOR)unit: I. Base image(the initial backup) '. Monthly synthetics(as many as storage on the BDR will allows 3.Weekly synthetics(for iasl 90 days) 4.Daily synthetics(for last 7 days) 5 Intra-cay incrementals(for last 3 days-whatever frequency you select) At the remote storage facility: (only applicable if the remote off-site storage option is chosen) 1 One daily backup is sent and retained at each of two off-site co-located datacenters,one locally,and the second at a geographically independent datacenter(depending on customer bandwidth availability). Only the most current image is retained at the off-site co-location datacenters(unless specifically contracted to do otherwise) 2. Retrieval of the data from either data center is done by either imaging a replacement BDR (or other portable storage device), with one selected image and physically sending the replacement BDR unit (or other storage device)to the location you specify(additional event based fees for this service apply, see section 14 for more details). NOTE. Under no circumstances is Discovery I.T, obligated to retain customer's backup information which is more than 90 days old. /f customer requires data archiving beyond 90 days,Discovery t r can instruct customer on how to export backups to external media for extended archiving, 8. Remote Storage and Base Remote Backup Image Creation: a. Data is stored (in encrypted form) in two secure online geographically separated data backup centers b. The initial BASE IMAGE wile be sent via hard drive, encrypted with the aforementioned 256 bit AEC data security protocol, to the primary remote storage facility. There is generally a three- week turnaround time required for this base image transfer to occur incremental back UPS Will occur in the meantime and they will consolidate into the base image when the base image transfer is complete. 9. Minimum Remote Storage Requirements: a. Remote storage is provided and billed in increments of 100GB There is no minimum storage requirement tied to this Agreement Remote storage is tracked on a monthly basis, based on the daily average of the data on the servers being backed up. 10. Routine retrieval testing. a The integrity of backups are checked as tney occur and are further tested for server virtualization based recovery on a routine basis 11. Recovery Time Objective(RTO) a. The MSP will log all retrieval requests from the Client. b. The MSP will attempt to resolve access backup or retrieval problems over the prone on first call within 24 hours of the first system alert or customer request c. In a disaster scenario,where you should lose your entire office server infrastructure or where the on-site BDR backup device is rendered inoperable and non-repairable, we will have a new BDR imaged,with the most current backup information(which will typically be the previous day's data). We will then have it shipped out via next-business day air transportation to a location of your choice When the BDR arrives. it is ready to be used as a virtual server Additional event based fees for this service apply, see section 14 for more details d. The BDR can also be used to perform a bare metal restore to dissimilar hardware wnicn means that when a new server arrives,the BDR can be used to restore the most current data to that new server regardless of differences in the server hardware type or version e. Entire server restoration services performed by the MSP. and wnicn are required due to no fault of and/or beyond the control of the MSP will be billable at the MSP s then applicable hourly rate schedule. 12. Ownership of the Data The backup data being stored on the BDR and at any Data Centers remains the sole prope-ty of the Client. If the Client chooses to terminate services the MSP will assist Client ;n the orderly termination of services billable at MSP's then current hourly rates. 13. Pridng All pnces are per designated unit, per month as per quote DI TC120404 Applicable sales'use tax will be added to all billing. Initial term is 36 Month& with an option to extend for up to two(2)additional years. Primary Onsite BDR cost per Server $ 149.00 each per month BDR Replication and Offsite Storage Capacity Fee $ 75.00 per 100GB per month - Cost is for up to 100GB of storage data - $50 per month for each additional 100GB Or portion thereof One-Time Setup'Configuration Fee $ 500.00 upon initial setup Accepted by Port Arthur Economic Development tt Corporation on Authorized Signature i ' }y(i . Printed Name Title -1 • ;, JCL) Exhibit "B " QUOTATION Discovery Date Quote# O LOGIES 05/23/2022 I DITQ20404 904 Hwy 69-Nederland,TX-77627 Phone:409-727-7080-Fax:409-727-2456-Email:mroland@discoveryit.com ielel Ta! Port Arthur Economic Development Corporation ahlp To: Krystle Villarreal 501 Proctor St. Port Arthur,TX 77640 United States Phone: (409)963-0579 ; Fax: (409)962-4445 PIMP Terms Rep P.O.Number Ship Via �-- Net 30 days MRoland , l t_n# r_ Description� P Unit Price Ext.Price 1 PROACTIVE NETWORK MANAGEMENT AND SUPPORT, e Por two ofices, EDC and new building next door, 2 3 2 8ite Fee/all inclusive travel fesa $49.00 $98.00 4 1 Windows SerVefe-demain 80ntFeller and fileserver(based on multiple $149.00 $149.00 servers;if only this ere then price is$199/month) 5 1 Windows Servers-Bhoretel Phone System Server $149.00 $149.00 6 1 Backup 8®;water Kecovery Service-Single Server(up to 300GB)- 4i$0.04 $149.00 On-Site NAS/BDR, ®ackup,File/Mailbox/Bare-Metal Restore, SetveF 7 1 Co-located, Redundant Off-Site Backup Option per 100GB(Requires %TVA $75.00 Qn-t$ite FOR NAB)[Additional capacity available at 5501100 GB of OW 4 t1 Q Software Applications(each)-e.p.Amounting application;Business Management Applications;etc: 10 $ Infrastructure Devices-Firewall; Network copier, Shoretel Voice Switch $147.00 (No VPNs included or in use at this time) 11 1 Infrastructure Devices-CISCO Complex firewall(Client to provide admin $99.00 $99.00 access to the device) -(No VPNs included at this tune). 12 16 :mow. aptops(s)(must be current supported Windows platforms] $35.00 $560.00 ink 8 full license of Trend Micro Antivirus software(also manage). 1$ SuhTotal tit 426 00 14 15 1 One-Time Setup Fee $750.00 MOO -On-boarding the fileserver, Phone server, and 8 computers. Includes loading the monitoring software and configuring the alerting system. -NOTE-if the BDR backup and offsite solution is chosen then there will be a one time set up/configuration cast to customer of$$00.00 along 0!/01/2022 13:10:00 We Make IT Happen Page t 1 of 2 4 4 LH# cry Dtsroptign r vAh eke Ext. Price with the®Noted set de fee. SubTotal $2,176.00 Sales Tax so.00 Shipping $0.00 Total $2,176.00 This quotation, on the goods named, is subject to Discovery I.T.'s standard terms and conditions.A copy of these terms and conditions can be provided upon request. To accept this quotation, sign&date here and return: - fil _ Date' q_qticip—A * * * Confidential Document* ** The information provided herein is considered confidential between Discovery I.T. and the recipient. Under no circumstances should this information be shared in whole or in part with any third parties without the express written consent of Discovery I.T. 4 4 4 I 09I01,2O22 13 tg g0 We Make IT Happen Page 2 2of2 TERMS AND CONDITIONS The products and services listed herein are being sold by Discovery Information Technologies. All product sold by Discovery Information Technologies are warranted to be free from defects in materials and workmanship under normal use and service. Upon notification of a defect,as set forth below,Discovery Information Technologies shall have the option to repair or replace any defective part(s). Replacement of defective pans)is only available within the first 30 days after date of purchase, unless otherwise expressly provided for by the original equipment manufacturer. Such services by Discovery Information Technologies shall be the customer's sole and exclusive remedy. Discovery Information Technologies shall honor warranties set forth by the original manufacturer for a period of one(1)year, unless otherwise specified by the manufacturer. Warranty period commences on the date of the original purchase invoice. No warranties,expressed or implied,will apply after this period. DISCOVERY INFORMATION TECHNOLOGIES DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO THIS PRODUCT RIMIER EXPI ESS OR IMPLIED, INCLUDING NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNR i$ FAR A PARTICULAR PURPOSE EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, RECOMMRNAATIQ$$ OF EQUIPMENT AND/OR SOFTWARE, INCLUDING BUT NOT LIMITED TO ITEMS INCLII©EA ON TI-US TICKET, ARE BASED ON PUBLICLY AVAILABLE INFORMATION PROVIDED BY THE INDIVIDUAL MANUFACTURERS OF SAID EQUIPMENT AND/OR SOFTWARE. DISCOVERY INFORMATION TECHNOLOGIES CANNOT BE HELD RESPONSIBLE FOR MISREPRESENTATIONS OR IMCOMPLETE INFORMATION PROVIDED BY THESE MANUFACTURERS WITH REGARD TO THE PERFORMANCE OF THEIR EQUIPMENT/SOFTWARE. TIME SPENT BY DISCOVERY INFORMATION TECHNOLOGIES' PERSONNEL TO CORRECT PROBLEMS THAT ARE A RESULT OF MANUFACTURERS' MISREPRESENTATIONS OR OPERATIONAL DIFFICULTIES OF THEIR PRODUCTS IS BILLABLE AT CURRENT LABOR RATES AND IS THE SOLE RESPONNIRIj,,I`I=V OF THE CUSTOMER. If any labor, repair or parts replacement is required because of accident, negligence, misuse, theft, vandalism, fire, water, or other peril; or because of conditions outside of specifications, including but not limited to, electrical power, temperature, humidity or dust; or by moving, repair, relocation or alteration not performed by Discovery Information Technologies or any cause other than normal use,the warranty and maintenance obligations provided herein shall not apply. Except as herein set forth,Discovery Information Technologies shall not,under any circumstances be responsible for any direct,indirect, incidental, or consequential damage resulting from the use or sale of any products sold by Discovery Information Technologies. Finding,hiring,and training employees is time-consuming and expensive. Customer agrees that it will not while doing business with Discovery Information Technologies and within one year afterwards, hire any person who has been an employee of Discovery Information Technologies without the expressed written consent of an officer of Discovery Information Technologies. If Customer violates the paragraph, it will be liable to Discovery Information Technologies for liquidated damages in an amount equal to one year's wages of the employee,at the rate last paid that employee by Discovery Information Technologies. I For and in consideration of the extension of eredjt from Discovery. Information Technologies to Customer, customer grants to Discovery Information Technologies, to secure payment of all amounts owing from Customer to Discovery Information Technologies pursuant to such extension of credit,security title and security interest in and to the following described property; wherever located,whether now existing or hereafter acquired:(1)all inventory and equipment delivered to Customer by, or on behalf of, Discovery Information Technologies as more particularly described in a Discovery Information Technologies invoice and/or packing slip accompanying the same; (2) ALL RIGHTS OF Customer to payment for such inventory and equipment sold,leased or otherwise transferred;(3)all additions,improvements,batterments,replacements,and substitutions to or for such inventory or equipment; and (4)all proceeds of any and all the foregoing, including, without limitation, insurance proceeds. Customer irrevocably designates and appoints Discovery Information Technologies its true and lawful attorney-in- fact for the purpose of executing and filing all documents on behalf of' Customer to perfect Discovery Information Technologies' security interest. Statements made to you in the course of this sate are subject to the Year 2000 Information and Readiness Disclosure Act (XX U.S.C. XX,Public Law 105-271). In the case of a dispute,this Act may reduce your legal rights regarding the use of any such statetnents,unless otherwise specified by your contract or tariff. 3 oi 3