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ITEM 4.8 IT Services Agreement with Softronics4b OtsTy F o .MINNESOTA g DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Administration City Administrator/Finance Director Flaherty January 14, 2019 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Attorney MacArthur 4.8 STRATEGIC VISION MEETS: I THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. ISA PUBLIC HEARING REQUIRED? Has proactively expanded infrastructure to responsibly provide core services. No Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. The City of Otsego contracts with Softronics, Inc. to perform information technology services, with this Is a social community with diverse housing, service options, and employment opportunities. In 2016, the League of Minnesota Cities (LMC) recommended the City have a formal contract defining the Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff is recommending that the City Council approve the Information Technology Services Agreement with Softronics, Inc. ARE YOU SEEKING APPROVAL OF A CONTRACT? ISA PUBLIC HEARING REQUIRED? Yes No BACKGROUND/J USTI FI CATI O N: The City of Otsego contracts with Softronics, Inc. to perform information technology services, with this relationship extending for more than 30 years. In 2016, the League of Minnesota Cities (LMC) recommended the City have a formal contract defining the parameters of the IT consultant's responsibilities and timing requirements for services. City staff worked with Softronics, Inc. to develop a services agreement and corresponding exhibit, which outlines the specific responsibilities. The Information Technology Services Agreement was first approved by the Council in January 2017. The term of the initial agreement expired on December 31, 2018. City staff has worked with Softronics, Inc. to make minor revisions to the agreement and respective agreement to ensure they continue to be current and to meet the City's information technology service needs as well as Softronics, Inc. capabilities. Those revisions were reviewed and discussed at the December 2018 Administrative Subcommittee with recommendation for the agreement to go to the full City Council. The City Attorney has reviewed the agreement and has provided favorable comment. SUPPORTING DOCUMENTS ATTACHED: • Information Technology Services Agreement (redline from current) • Exhibit A — Consulting Agreement (redline from current) POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve the Information Technology Services Agreement with Softronics, Inc. BUDGET INFORMATION FUNDING: BUDGETED: General Fund — IT Department 101-41650-390 Yes Information Technology Services Agreement AGREEMENT This agreement made and entered into this 14th day of January, 282019 by and between the City of Otsego (the City), a Minnesota Municipal Corporation and Softronics, Inc. (the Consultant) a corporation under the laws of the State of Minnesota. IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: ARTICLE 1: INFORMATION TECHNOLOGY SERVICES The Consultant agrees to furnish information technology services, including but not limited to those services specifically outlined in Exhibit A, attached hereto and made a part hereof. The Consultant agrees to have sufficient personnel resources available to adequately provide said services to the City. ARTICLE 2: CONSULTANT'S RESPONSIBILITY The Consultant agrees to promptly disclose to the City any information that the Consultant can reasonably anticipate will directly affect the City's ability to perform its obligations under this agreement. The Consultant agrees that it does not exclusively provide services to the City, but that the Consultant will treat the City as a high priority client, and that the Consultant will make all reasonable efforts to promptly respond to any service request of the City. ARTICLE 3: CITY'S RESPONSIBILITY The City agrees to promptly disclose to the Consultant any information that the City can reasonably anticipate will directly affect the Consultant's ability to perform its obligations under this agreement. The City agrees that the Consultant does not exclusively provide information technology services to the City. The City agrees to promptly pay the Consultant as outlined in Article 8. ARTICLE 4: TERM This agreement shall commence on January 1, 2017 2019 and shall expire December 31, 241-82020, unless terminated by either party pursuant to the terms of this agreement. ARTICLE 5: OWNERSHIP The Consultant agrees that all hardware, software, license agreements and backups purchased by or created for the City will remain the exclusive property of the City. ARTICLE 5: MODIFICATION This writing contains the entire agreement between the City and the Consultant, and no alterations, variations, modifications or waivers of this contract are valid unless reduced to writing, and signed by both parties, and attached hereto. ARTICLE 6: TERMINATION This agreement may be terminated at any time during its term by mutual agreement of the parties. Such mutual agreement to terminate shall be in writing and shall be effective when fully executed by both parties. Either party may terminate this agreement by serving a sixty (60) days written notice of termination to the other party. This agreement shall terminate sixty (60) days from the date of written notice of termination, unless the party serving the notice specifically identifies a later date of termination or if the notice of termination is withdrawn by the serving party in writing before it is effective. Upon termination of the Agreement, Consultant shall take all necessary steps to insure that any and all information necessary for ongoing service to the City's systems by the City or another provided is made available to the City or another provider. In the event of termination, Consultant shall provide City with all necessary passwords and data to insure the ongoing security of the system during any period of transition. If the City fails to pay for the services provided by the Consultant pursuant to the terms of this agreement, the Consultant may immediately terminate this agreement with written notice. ARTICLE 7: SEVERABILITY The provisions of this agreement shall be deemed severable. If any part of this agreement is rendered void, invalid or otherwise unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this agreement. ARTICLE 8: PAYMENT The City agrees to pay monthly installments as invoiced by the Consultant for actual services performed. For the entire term of this agreement, the City agrees to pay the Consultant an amount of $50.00 per hour. Unless previously approved by the Finance Director or City Administrator in writing, the maximum hours of service invoiced by the Consultant will be one hundred (100) hours per month. The City agrees to reimburse the Consultant for any purchases made on the City's behalf. The Consultant agrees that whenever possible, the City will purchase equipment and supplies. When this is not possible, the Consultant agrees that such purchases will be pursuant to the City's purchasing policy, and will be supported with the appropriate documentation. Such purchases may include, but are not limited to: hardware, software, system equipment and system supplies. The Consultant is aware that the City is tax exempt. ARTICLE 9: SUBCONTRACTING AND ASSIGNMENT The Consultant shall not subcontract or assign any portion of this agreement to a third party without written permission from the City. ARTICLE 10: INDEMNIFICATION The Consultant shall hold harmless, defend and fully indemnify the City its officers, employees or agents from any and all claims or causes of action resulting from or arising from its negligence, gross negligence or intentional actions or failures to act under this Agreement. City shall hold harmless, defend and fully indemnify Consultant from any and all claims or causes of action resulting from or arising from the gross negligence or intentional acts of its officers, employees or agents related to City's responsibilities under this Agreement. ARTICLE 11: LIABILITY The City agrees to not hold the Consultant liable for any loss or damages to files caused by computer viruses, electronic malware or unavoidable hardware failures. CITY OF OTSEGO Jessica Stockamp, Mayor Dated Tami Loff, City Clerk Dated SOFTRONICS, INC. Rob Snavely Dated SOFMONICS r 6922 Rivu Road Otsego, MN 55330-6444 } "(763) 441-7905, (612) 802-3352 CONSULTING AGREEMENT Exhibit A The following is an agreement between the City of Otsego and Softronics, Inc. The purpose of this agreement is to define the services provided by Softronics, Inc. for the City of Otsego. Primary Services: Softronics, Inc. will provide primary IT services for the City of Otsego. The following is a basic list of those services provided. • Ensure that both the primary and secondary servers are properly maintained and that updates from Microsoft are kept current (within one month). • Make sure all backup procedures are operational: o Request each primary software vendor to verify that their data is being adequately backed up whenever there is major change to either the City of Otsego's servers or the vendor's software. o Ensure that the replication between the two servers is operational and current. o Ensure that the NAS backups are operational and current. o Ensure that each computer backs up its data daily (except for specific computers that are backed up manually). o Make weekly "snapshots" of the individual computers' backups. o Make off-site copies of the NAS and individual computer backups. Keep the off-site backups in two locations: 1) A shielded case in the IT room at the Prairie Center, and 2) At the East WWTF. • Keep all licenses current for the modem, router, VPN, backup, etc. • Make sure all wired and wireless network services are operating effectively. This includes: o Wiring/testing any Ethernet ports in all City facilities. o Setting up and maintaining any wireless access points in all locations. o Providing guest accounts where needed so that others may access the Internet, but not City data. o Maintaining the switches, POE switches And renter, o Setting up VPN access to the network for those needing the link. • Provide assistance with any computer, printer, scanner, phone or other data-processing issues. An IT "To - Do" list is available on all computers for personnel to enter any questions, concerns, update requests, problems, etc. Issues are dealt with on a priority basis. Assistance is also available at almost any time of the day by calling Softronics, Inc. • Periodically* test each desktop computer's UPS and replace the battery if it cannot keep the computer running for at least two minutes. (The City's generator should provide backup power in less than one minute (tested regularly by the Public Works staff)). * This test will be done when creating a system image file for that computer. • Maintain the City of Otsego's email, contacts and calendars on the Microsoft servers. This involves setting up new accounts, deleting unused ones, creating delegations, permissions, etc. It also involves installing/setting up email client software on user's computers, tablets and cell phones. • Ensure all computers are kept current with all operating system and anti-virus updates. NOTE: Although it is virtually impossible to guarantee that no viruses or malware will infect a computer, Softronics, Inc. will minimize the risk (or effects) by making regular backups, keeping all anti-virus software current, occasionally running other anti-malware/spyware programs and making system images of each computer on a regular basis. Due to the ever-changing threats for viruses or other malware, Softronics, Inc. will not be held liable for any loss or damages to files caused by viruses or other malware. • Procure and setup any new equipment. This involves installing the operating system, any needed software and transferring data and settings from an existing machine to the new one. • Provide basic training for new operating systems or installed software. • Prepare older computers for additional use or destruction. Computers that may be reused will have all existing data erased and will be prepared for a new user. Equipment that is outdated or defective will have their hard drives (if any) removed and destroyed, and the equipment will be taken to the recycling facility. • Maintain documentation of procedures, continuity plans, computer statuses and inventory, replacement schedules, network configurations, wireless access, etc. • Work with department heads (through the Finance Director) to help with any technical issues or questions that may arise. These issues may, or may not, be computer related, but will involve electronics in general. • Provide basic backup AV support at the Prairie Center (may involve wiring cables, buying adapters, etc.) • Help to ensure that all City AV equipment is working and accessible to the public where needed. • Maintain the DVR security system at the Prairie Center and assist with access to DVRs provided by others. Services to be performed by Others: • Installation. repair. and maintenance of hardware necessary for the operation of the Citv's primary and secondary servers and any respective components. • Installation, repair, and maintenance of non -routine router functions, including but not limited to: firewalls and virtual -private networks (VPN). Additional service providers: • From time -to -time, as necessary, other consulting firms may be called on to provide additional IT, AV, telecommunications, copier or other support. The City of Otsego gives Softronics, Inc, the authority to initiate contact with other service providers if the additional services will be beneficial to, or required by the City of Otsego. Some of the companies involved may be (but are not limited to): o Nova Communications (Inside teles&amP u4k4tie4g Telecommun!cations) e Consolidated ray .1m umations (Gutside rel., ��ri„rol o Century Link ( Telecommunications) o Spectrum/Charter (High-speed Internet and/or cable services) o Tierney (Audio-visual equipment) o Wright -Hennepin (Security and building access systems) o TR Computer Sales LLC (Server hardware/software support) o System House (Radio network communications) o AE2S (Wastewater SCADA services) o Ricoh (Copiers/printers) o Primary software providers such as Civic Systems, PermitWorks, LaserFiche, etc. • Fees (equipment, labor, etc.) charged by supporting service providers will be paid by the City of Otsego.