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HomeMy WebLinkAboutResolution #5446 - service agreement with synergetic technologies for IT services RESOLUTION NO. 5446 A RESOLUTION APPROVING A SERVICE AGREEMENT WITH SYNERGETIC TECHNOLOGIES FOR IT SERVICES FOR THE CITY OF CANTON WHEREAS,the City of Canton,Fulton County,Illinois ("City"), is a non-home rule unit of government; WHEREAS,the City is in need of IT services for public purposes; WHEREAS, the IT and Cybersecurity Committee has evaluated various IT services needed for the City's operations and has recommended utilizing Synergetic Technologies of Morton, Illinois for the City's IT services; WHEREAS, the City Council of the City of Canton has determined that it is necessary and in the best interests of the City to accept the Service Agreement Proposal and Quote, substantially in the form attached hereto as"Exhibit A,"and to acquire IT services from Synergetic Technologies. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY,ILLINOIS AS FOLLOWS: 1. The City of Canton hereby finds as fact the recitals set forth above and are incorporated herein as though fully set forth; 2. The Service Agreement Proposal and Quote, substantially in the form attached hereto as "Exhibit A," are hereby APPROVED; 3. The Mayor,or his designee,is hereby authorized to execute and deliver any and all service agreements, purchase orders, or other documents necessary to purchase and receive the proposed services from Synergetic Technologies of Morton, Illinois; 4. This Resolution shall be in full force and effective immediately upon its passage by the City Council of the City of Canton and approval by the Mayor thereof. PASSED AND APPROVED THIS 15th day of August, 2023. AYES: Alderpersons Grimm,Nelson, Lovell, Hale, Gossett, Ketcham,Lingenfelter NAYS: None ABSENT: Alderperson Chamberlin APPut By: Do 11, ayor 4,14 ATTEST: Z.,, Andrea J. Smith-Walters, City Clerk City of Canton, IL Service Agreement Proposal July 2023 Prepared by: SYNERGETIC -TECHNOLOGIES- 121 W Jefferson Street,Morton t!61550 309435-0220 7-27-23-Managed Network-Silver Level- Monthly Agreement Proposal 1.Agreement overview • Managed Network-Silver Level- Proposed Monthly Agreement • All remote support included (unlimited calls,time, and usage) • 24/7 monitoring/alerting of system performance, network resources, equipment backups, and firewall threat detection • Maintenance and support services provided for all business IT equipment • Asset management consultation, lifecycle replacement scheduling, project planning • No additional trip fees,fuel charges, etc. • Emergency/Holiday/After Hours discount rate • Managed antivirus and Remote Management Agent included • Leverage partner relationships to aid in potential discounts for hardware, software, and services (Microsoft, Cisco, HP, etc.) 2. Proposed needs/projects • Review of current IT hardware including workstation,server, network and infrastructure. During onsite visits we have identified outdated, no longer supported, or end-of-lifecycle hardware that should be replaced. • Proposal and discussion of installation or replacement of network firewalls and wireless access points to get all locations/hardware on current,vendor supported, and properly configured hardware. • Discussion of backup strategy using risk/restoration needs to propose a server/workstation restoration system. Unsure of what the current backup strategy or solution is currently in place. (Potential upfront and monthly recurring cost depending on findings and discussions) • Review and proposal of current email system and migration to Microsoft 365 Cloud services (Potential upfront and monthly recurring cost depending on findings and discussions) 3. Proposal for upcoming service agreement term • 1 Year agreement term- Proposed monthly cost$2,900.00 • 3 Year agreement term-Proposed monthly cost$2,750.00 (term discount applied) • One time setup charge of$1,500.00 billed at time of approval of proposal and signature of agreement (discount applied 7-27-23 per Mike Kaluza) • No onsite charges for service ticket response (waiving per Mike Kaluza 7-27-23) • SLA 4 hour target response time Quote 'I► ��?����� Quote Number:384 AdPp' —AE`CHNOCOG/rS— Payment Terms: Expiration Date: 08/27/2023 Quote Prepared For Quote Prepared By Kent McDowell Mike Kaluza City of Canton Synergetic Technologies 2 N Main St. 121 W Jefferson St. Canton, IL 61520 Morton, IL 61550 United States United States Phone:309-647-0065 Phone:309-435-0220 kmcdowell@cantoncityhall.org Fax: mikP(asvnPrO tictP ar.rnm Item# Quantity Item Unit Price Unit Adjusted Unit Extended Discount Price Price Monthly Items 1) 1 Managed Network-Silver Level $2,900.00 $2,900.00 $2,900.00 Managed Network-Silver Level-Monthly Service Charge Monthly Total $2,900.00 One-Time Items 2) 1 Managed Network-Silver Level-Setup Charge $2,500.00 $1,000.00 $1,500.00 $1,500.00 One-time charge for Managed Network-Silver Level Service Agreement One-Time Total $1,500.00 Subtotal $4,400.00 Total Taxes $0.00 Total $4,400.00 Authorizing Signature Date Interest Charges on Past Due Accounts and Collection Costs Overdue amounts shall be subject to a monthly finance charge. In addition, customer shall reimburse all costs and expenses for attorney's fees incurred in collecting any amounts past due.Additional training or Professional Services can be provided at our standard rates. i SYNERGETIC TECHNOLOGIES- ' 121 W Jefferson Street.Morton IL 61550 3094350220 Managed Network— Silver Level- Monthly Agreement Definitions This Agreement between CITY OF CANTON, herein referred to as Client, and Synergetic Technologies LLC, hereinafter referred to as Service Provider, is for services rendered as a Managed Service Agreement hereinafter referred to as Agreement. 1. Term of Agreement The Agreement shall be in effect for one (1) year, commencing October 1, 2023, unless terminated sooner by Service Provider or Client. The Agreement shall be reviewed annually to address any necessary adjustments or modifications. Unless Client network environment has experienced significant change; any adjustments or modifications that may be required which would increase the monthly fees paid for the services rendered under this Agreement will not exceed 15 %of the value of the existing monthly fees due under this Agreement. At any time during this Agreement either party may terminate the Agreement by notifying the other party of such termination in writing at least thirty (30) days prior to the effective date of such termination. In the event that this Agreement is terminated, the Agreement shall be of no further force or effect and all obligations and rights of Service Provider and Client set forth herein shall immediately cease, with exception for Client's obligation to pay any remaining balances or amounts incurred prior to the termination of this Agreement. If either party terminates this Agreement, Service Provider will assist Client in the orderly termination of services, including timely transfer of the services to another designated provider. Client agrees to pay Service Provider the actual costs of rendering such assistance, unless the Agreement is terminated by Service Provider prior to October 1, 2024, in which case Service Provider shall be responsible for said costs. 2. Ownership of Deliverables Any material deliverables provided to Client as part of the Services shall become Client's property upon receipt and payment by Client, and Service Provider hereby assigns all rights, ;title, and interest therein to Client. 1 3. Performance Service Provider shall perform all Services in a timely and workman like manner. Service Provider shall comply in all material respects with applicable federal,state,and local laws and regulations in performance of the Services. 4. Price and Payment Monthly Fees will be$2,900.00 per month, invoiced to Client on the 1st of the month, and will be due upon receipt. The first month will include an additional one-time setup fee of $1,500.00 payable upon receipt of first month's invoice. Services may be suspended if payment is not received within 15 days following the due date of monthly invoice. It is understood that any and all Services requested by Client that fall outside of the terms of this Agreement will be considered Projects; and will be discussed, quoted, and billed as separate and individual services not covered under the terms of this agreement. 5. Taxes It is understood that any Federal, State or Local Taxes applicable shall be added to each invoice for services or materials rendered under this Agreement. Client shall pay any such taxes unless a valid exemption certificate is furnished to Service Provider for the State of Illinois. Notwithstanding the foregoing, Service Provider shall be solely responsible for all income taxes, employment taxes or other taxes associated with its services provided under this Agreement and/or employees related thereto. 6. Coverage Standard support of Client's IT networks will be provided to the Client by Service Provider through remote means between the hours of 8:00 am — 4:30 pm Monday through Friday, excluding holidays. Network Monitoring Services will be provided 24/7/365. Hardware costs, licensing/software costs, or project labor costs of any kind are not covered under the terms of this Agreement. • Support and Escalation- Service Provider will respond to Client's Trouble Tickets under the provisions of Schedule A, and with best effort after hours or on holidays. Trouble Tickets may be opened by any user within the organization by email to our ticket portal, thru remote agent on workstations, or by phone call to our support line. Each call will be assigned a Trouble Ticket number for tracking. Tickets requests that would necessitate higher permissions will be reassigned to designated IT contacts within the organization for proper approvals as needed. All ticket requests are documented for auditing purposes. • Routine Maintenance will be performed on all Client owned equipment covered under this agreement and will include Vendor supported software updates, Microsoft patch 2 management, removal of temporary files and temporary Internet files, disk cleanup,third- party patch management of common installed software, identification and removal of unnecessary software programs, and continual performance assessments. • A fully managed Antivirus Solution will be provided by Service Provider that will actively protect Client equipment. Any threats found will notify our ticket system and action will be taken as necessary. • Consulting services such as depreciation tracking,asset replacement scheduling, hardware specification advice, and inventory review, are included in this Agreement. • Standard support of covered equipment shall be Client owned devices such as Desktop PC, Laptop PC, Tablet PC, Server, Firewall, Router, Switch, Wireless Access Point, Managed Backup Device, N's, network cabling, and VOIP Phone Systems. Other technology that supports the business IT needs such as Smart N's, Security Camera Systems, Smart Phones, etcetera, will be supported to the extent of communication with the Client corporate network. All the above-mentioned equipment must meet minimum standards listed in section 8 of this agreement. • Onsite Service and Support during business hours WILL be included and will be performed based on ticket priority and scheduling availability. The need for on-site support shall be determined by Service Provider and communicated with Client as necessary. • Services performed outside of the hours of 8:00 am — 4:30 pm Monday through Friday, and including any time on public holidays, shall be billed at the Service Provider discount service rate listed in Schedule A. Emergency services performed outside of 8:00 am—4:30 pm Monday through Friday will be billed at time and a half service rate listed in Schedule A. Service Provider will try every best effort to receive approval for additional hours beyond contract provision with Client prior to providing service. If Client is unavailable to approve the additional hours, Service Provider will perform work within reasonable timeframe based on service needs. 7.Additional Services • Hardware/System Support- Service Provider shall provide support of all hardware and systems on Client network provided that all Hardware is covered under a currently active Vendor Support Contract; or replaceable parts be readily available, and all Software be Genuine, Currently Licensed and Vendor-Supported. Should any hardware or systems fail to meet these provisions, they will be excluded from this Service Agreement. Should 3rd Party Vendor Support Charges be required in order to resolve any issues, these will be passed on to the Client after first receiving the Client's authorization to incur them. • Monitoring Services- Service Provider will provide ongoing monitoring and security services of all critical devices on Client network. Service Provider will track and document critical alerts, scans and event resolutions to provide upon request to Client. Should a problem be discovered during monitoring, Service Provider shall make every attempt to rectify the condition in a timely manner through remote means. 3 8.Suitability of Client Environment Minimum Standards Required for Services- For Client's existing environment to qualify for Service Provider's Managed Services, the following requirements must be met or be in process of remedy/upgrade and agreed upon by Service Provider: • All Servers with Microsoft Windows Operating Systems must be running Microsoft Server 2012 or later and have all the latest Microsoft Service Packs and Critical Updates installed. • All Desktop PC's and Notebooks/Laptops with Microsoft Windows Operating Systems must be running Windows 8.1 Professional or later and have all the latest Microsoft Service Packs and Critical Updates installed. • All Server and Desktop Software must be Genuine, Licensed and Vendor-Supported. • The environment must have a currently licensed,up-to-date and Vendor-Supported Server- based Antivirus Solution protecting all applicable Client owned devices covered under this agreement. • The environment must have a currently licensed, Vendor-Supported Server-based Backup Solution that can be monitored and send notifications on job failures and successes. • The environment must have a currently licensed, Vendor-Supported Hardware Firewall between the Internal Network and the Internet. • All Wireless data traffic in the environment must be securely encrypted. • There must be an outside static IP address assigned to a network device for remote access and maintenance. Costs required to bring Client's environment up to these Minimum Standards are not included in this Agreement. 9. Excluded Services Service rendered under this Agreement does not include: • Parts, equipment or software not covered by vendor/manufacturer warranty or support. • The cost of any parts, supplies, equipment, or shipping charges of any kind. • The cost of any vendor supplied Software, Licensing, or Software Renewal or Upgrade Fees of any kind. • The cost of any 3rd Party Vendor or Manufacturer Support or Incident Fees of any kind. • The cost to bring Client's environment up to minimum standards required for Services as listed above in section 8. • Failure due to acts of God, building modifications, power failures or other adverse environmental conditions or factors outside of control of Service Provider • Service and repair made necessary by the alteration or modification of equipment other than authorized by Service Provider, including alterations, software installations or modifications of equipment made by Client's employees or anyone other than Service Provider. 4 • Maintenance of Applications software packages, whether acquired from Service Provider or any other source unless specifically listed in this agreement. • Programming(modification of software code) and program (software) maintenance unless specifically listed in this agreement. • Travel costs of any kind including but not limited to airfare, mileage, lodging, meals, car rental, tolls,fuel and parking. • Training Services of any kind. 10. Confidentiality Service Provider and its agents will not use or disclose Client information,except as necessary to or consistent with providing the contracted services and will protect against unauthorized use. 11. Indemnification Client shall indemnify and hold Service Provider harmless from and against any claims related to Client's negligence, gross negligence, and/or intentional acts of Client, its employees and/or agents. Notwithstanding anything to the contrary in this Agreement, to the fullest extent permitted by law, the Service Provider hereby agrees to and shall save Client and its officials, officers, employees, agents, servants, insurers, attorneys, boards, committees and commissions harmless from and against and shall indemnify Client from and against any and all losses, liabilities, damages, claims,judgments, fines, suits, demands, costs, interest and expenses of any kind or nature whatsoever(including, but not limited to, reasonable attorney's fees and expenses) asserted against:or incurred by Client in connection with any claim, proceeding or judgment(and the defense thereof)arising out of or resulting from the terms or performance of this Agreement, and/or Service Providers use and/or storage of Clients' data, and/or Service Provider's provision of services under this Agreement unless such claims are the result of the negligence, gross negligence or intentional act of a Client official, officer, employee, agent, servant, board, committee or commission. Service Provider's duty to indemnify shall be capped and not exceed the aggregate amount paid to Service Provider by Client under the terms of this Agreement. In the event of any action against Client, its officials, officers, employees, agents, servants, boards, committees, and commissions by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the Client's choosing and agreed to by Service Provider and its insurers,if applicable.Service Provider,on behalf of themselves and their successors, assigns and grantees further hereby acknowledge the propriety, necessity and legality of this Agreement and all of the terms thereof, including, without limitation,the obligations to indemnify and hold Client harmless,and do further hereby agree 5 and do waive any and all rights to any and all legal challenges or defenses to this Agreement and the terms hereof. The provisions of this Section shall survive any expiration, completion and/or termination of this Agreement. 12. Notices All notices to be given hereunder shall be executed in writing and shall be deemed to have been served if: (a)delivered in person; (b) sent by e-mail; and (c) sent by registered or certified mail, return receipt requested,postage pre-paid,to the other Party's last known address as provided below: If to Service Provider: If to Client: Synergetic Technologies City of Canton ATTN: Mike Kaluza ATTN: Mayor 1060 W.Jefferson Street 2 N. Main Street Morton, IL 61550 Canton, IL 61520 mike@svnergetictec.com kmcdowell@cantoncityhall.org Eitherparty may change their notice address provided in this section upon written notice to the other Party. 13. Successors and Assigns This Agreement and all the Parties' obligations are binding upon their respective successors and assigns, and together with the rights and remedies of the Parties under this Agreement, inure to the benefit of the Parties and their respective successors and assigns. Service Provider may not assign any portion of this Agreement, or transfer any right or obligation under this Agreement, without the prior written consent of Client. 14. Limitation on Liability In no event shall Service Provider be liable to Client for(A)any special,indirect,consequential, or punitive damages, or (B) any amount in excess of the aggregate amount paid to Service Provider by Client under the terms of this Agreement. Likewise, Service Provider's duty to indemnify Client,as set forth in Section 11 above,is limited to the aggregate amount received by Service Provider from Client under the terms of this Agreement. 15. Counterparts This Agreement may be signed in one or more counterparts, and each counterpart will be considered an original Agreement. All counterparts will be considered one document and become a binding agreement when one or more counterparts have been signed by each of the Parties and delivered to the other. The Parties'signatures may be delivered by electronic mail or on paper document. 6 16. Waiver/Entire Agreement/Severability A waiver of a breach of any terms in this Agreement will not be considered (a) a waiver of a further breach of the same term,or(b)a waiver of a breach of any other terms,or(c)a waiver of any right to declare an immediate or a subsequent default. This Agreement,together with any other agreements and schedules referenced to herein, constitutes the entire understanding of the Parties in connection with the subject matter hereof. This Agreement may not be modified, altered, or amended except by an agreement in writing signed by the parties hereto. All prior agreements, understandings, representations, warranties, and negotiations regarding the subject matter hereof, if any, oral or otherwise, are superseded by this Agreement. Each provision of this Agreement must be interpreted in a way that is valid under applicable law. If any provision is held invalid, the rest of the Agreement will remain in full effect and the offending provision shall be deemed modified so as to be enforceable. 17. Choice of Law and Forum This Agreement shall be governed by and construed in accordance with laws of the State of Illinois,without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).Any disputes arising by reason of the Agreement or any party's failure to comply with this agreement shall be resolved utilizing the Circuit Court of the State of Illinois sitting in Tazewell County. 18. Attorney's Fees In any litigation or other proceeding wherein Service Provider seeks to enforce its rights under this agreement or seeks a declaration of any.obligations Client has under this Agreement and is found in their right to proceed with successful award,Service Provider shall be awarded its reasonable attorney fees, costs, and expenses incurred. 19. Waiver of Jury Trial Each party acknowledges and agrees that any controversy which may arise under this Agreement is likely to involve complicated and difficult issues and,therefore, each such party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the transactions contemplated hereby. 20. Specific Performance The parties agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy to which they are entitled at law or in equity. IN WITNESS WHEREOF, the parties hereto have caused this Service Agreement to be signed by their duly authorized representatives as of the date set forth below. Accepted by: 9-11-23 Authorized Signature-Synergetic Technologies Date ! )1,,d V.&A.),„-Cfs cl().51 7;3 Authorized Signature- CITY OF CANTON Date ar14., a,44144.) I / 23 zed Signature-CITY OF CANTON Date 8 Schedule A Contract Type/Response Time • Managed Network-Silver Level-4 Hour Response SLA-Onsite Service Included. • After-Hours Rate Discount to$125/hr. • Emergency/Holiday Rate will be billed at time and a half of After-hours rate listed above. Service to be performed at Client Location(s) listed below: Primary Site: City of Canton and Police Department 2 North Main St. Canton, IL 61520 Auxiliary Sites: City of Canton Fire Department City of Canton Water Treatment Plant 101 E Spruce St. 25495 N Lakeshore Dr. Canton,IL 61520 Canton,IL 61520 City of Canton Depot City of Canton Wastewater Treatment 50 N.4th Ave. 350 W Hickory Canton, IL 61520 Canton, IL 61520 City of Canton Street Dept. City of Canton System Maintenance 520 W Locust St. 603 E Grant Canton, IL 61520 Canton,IL 61520 Client Primary IT Contact Information Mayor Kent McDowell-kmcdowell@cantoncityhall.org-309-647-0065 Police Chief Mike Eveland-meveland@cantoncityhall.org-309-647-5131 Fire Chief Scott Roos-sroos@cantoncityhall.org-309-647-0040 Public Works Director Joe Carruthers-jarruthers@cantoncityhall.org-309-647-5022 Alderman Greg Gossett-ggossett@cantonciwhall.org-309-357-0649 9