HomeMy WebLinkAboutResolution #5446 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.
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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
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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.
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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.
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• 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
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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.
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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
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Authorized Signature- CITY OF CANTON Date
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Signature-CITY OF CANTON Date
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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
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