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HomeMy WebLinkAbout04 049 agree data fix e e e e THE CORPORATION OF THE MUNICIPALITY OF KINC INE NO. 2004 - 49 BEING A BY-LAW TO AUTHORIZE THE SIGNI G OF A MEMORANDUM OF UNDERSTANDING WITH ATAFIX WHEREAS Section 12 (1) ofthe Municipal Elections Act, 1996 p vides that a Clerk who is responsible for conducting an election may provide or any procedure that is desirable for conducting the election; AND WHEREAS it is deemed advisable to enter into a Memoran um of Understanding with DataFix for Web Hosting Services To Suppo the Municipal VoterView to manage electoral information for future municipal el ctions; AND WHEREAS the terms and conditions are set out in the Me orandum of Understanding Agreement attached to this by-law as Schedule" ". NOW THEREFORE the Council for the Municipality of Kincar ine ENACTS as follows: 1. That the Municipality of Kincardine enter into a emorandum of Understanding with Data Fix to allow the managing of elector I information for future municipal elections by providing an electronic vi w of electoral information and the capability to provide electronic changes to the Municipal Property Assessment Corporation. 2. That the Mayor and Clerk be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine, the Memorandum of Unde anding attached to this by-law as Schedule "A" and to affix the corporate s al as and when required. 3. This By-law shall come into full force and effect upon its final passage. 4. This By-law may be cited as the "2004 DataFix Web osting Services Memorandum of Understanding By-law". READ a FIRST, SECOND and THIRD TIME and DEEMED TO E PASSED this 7th day of April 2004. J1~& .-1 A Mayor ------ -- - é -- L Clerk ., . ' . Memorandum of Understanding Municipality of Kincardine . MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN Municipality of Kincardine and , DataFix For Web Hosting Services To Support the Municipal VoterView (MVV) Application , Issued: January 9, 2004 Data/Fix . . Memorandum of Understanding Municipality of Kincardine Contents 1 Introduction.. ................................. ............ ................................. 2 2 Purpose............................................................ .......................... 2 3 Description of Services/ Hosting Environment.................................. 2 3.1 Web hosting..... ........... ............................................. ...............2 3.2 Performance.... ................ ........................................ ...............2 3.3 Stress Testing.......................... .............................. .................3 3.4 Reliability.................................. ....................... ...................... 3 3.5 Compatibility..................................................... ...................... 3 3.6 Application functions/features................................................... 3 4 Description of User Environment .................................................... 4 4.1 Access.................................................................................... 4 5 Security........................................................... ........................... 4 5.1 The MW Security features........................................................ 4 5.2 Web Pages................... ............................................ ...............4 5.3 Web and database servers........................................................ 4 5.4 Physical database..................................... ......... ......................4 5.5 Managed Code Environment...................................................... 4 5.6 Audits ................................. ............. ........... ...................... .....5 5.7 Virus Checks................................ ............... ............................ 5 5.8 Backups and Restores.............................................................. 5 6 Customer Service/Support, Monitoring and Management................... 5 6.1 Customer Service Support/Coverage.......................................... 6 6.2 System Availability...... ............................................... ............. 6 6.3 Service Measure....................... .............................. ................. 6 6.4 Non-Performance....................... ........................ ...................... 6 7 Confidentiality.............................................................. ............... 7 8 Force Majeure..... ................................................... .............. ........ 7 9 Term of Agreement ...................................................................... 7 . 10 Fees and Payment Terms .............................................................. 7 11 Cancellation/Termination.......................................................... ..... 8 January 9,2004 - MOU/Municipality of Kincardine Data/Fix . . . . . Memorandum of Understanding Municipality of Kincardine 1 Introduction Municipal VoterView is an Internet-based application designed to provide municipal elections officials with an electronic view of their electoral information including the ability to make corrections to the list, to access various voter counts needed for electoral planning, and the capability to provide an electronic copy of all changes to the Municipal Property Assessment Corporation at the end of the electoral event. Through its Municipal VoterView (MW) Application, DataFix is continuing to provide the highest level of service with respect to managing electoral information in support of municipal elections. 2 Purpose This Memorandum of Understanding is intended to identify and confirm the service levels and support technology requirements of the MVV Application. In addition, DataFix will be working with MPAC to establish a defined process for continually updating elector information. 3 Description of Services/ Hosting Environment The MW Application Services consist of: 3.1 Web hosting As a web-based application, MW has the advantage of ubiquitous accessibility-ail that is required to use MW is an Internet connection and a recent web browser. MW supports Microsoft Internet Explorer version 5.0 or better and Netscape Navigator version 4.7 or better. The MW system has been optimized for a screen resolution of 1024x768 or higher, but will function properly with lower resolutions. 3.2 Performance The number and size of graphic elements in MW is minimized to enhance performance for municipalities with low-speed or dial-up Internet connections. 2 January 9,2004 - MOU/Municipality of Kincardine Data/Fix Memorandum of Understanding Municipality of Kincardine . 3.3 Stress Testing DataFix has conducted extensive testing of the MW application through a pilot program including over 40 municipalities and over 2 million electors. As a result of this testing, DataFix has been able to optimize the performance of the MW application to accommodate municipalities of all sizes. 3.4 Reliability All hardware used to support the MVV application utilizes extensive fault tolerance features, including RAID-S disk arrays and redundant power supplies. In addition, all servers and communications equipment are protected through the use of Uninterruptible Power Supplies (UPS). To ensure the quality and accuracy of the MW system itself, DataFix has built a set of rigorous and comprehensive test plans. These plans encompass application functionality, data inputs and outputs, and performance. . 3.5 Compatibility MW can coexist and work in a complementary manner with existing municipal electoral systems. Because the default output from MW is a file using the VNF format, any existing systems should be compatible. 3.6 Application functions/features At a high level, the MVV application simplifies the process of searching for specific voters with the ability to add, change, delete or move voters as required. In addition, the MVV application provides a number of elector related reports to support election planning and a suite of data cleansing utilities to identify potential inaccuracies on the list. The MW Application functions and features are as described and demonstrated as part of the on-line demo/viewing of the product. More comprehensive details of these features are contained in the On-line User Manual. . 3 January 9, 2004 - MOUjMunicipality of Kincardine Data/Fix '. . . . Memorandum of Understanding Municipality of Kincardine 4 Description of User Environment 4.1 Access As an Internet-based application, access to the MW requires Userids and Passwords. While DataFix will be responsible for creating initial Userids and Passwords, the Municipality of Kincardine will have full control for establishing the level of access for each authorized user. The technical infrastructure used to support the MW Application has been designed to accommodate all Ontario Municipalities. 5 Secu rity Passwords for MW users are secured using a one-way hash algorithm (MDS). As a result, cleartext passwords are never stored nor utilized for user authentication. Security is also a responsibility of all users and users are especially cautioned not to share system logins and passwords. 5.1 The MW Securitv features 5.2 Web Pages All MW web pages are secured using 128-bit SSL (secure sockets layer) encryption. 5.3 Web and database servers Web and database servers are protected by a firewall that performs packet-level, circuit-level, and application-level traffic screening, stateful inspection, and intrusion detection. 5.4 Physical database A separate physical database for each municipality is maintained to ensure that municipalities can only access their own data. 5.5 Managed Code Environment The MW application runs in a managed code environment, which provides additional security and protection from common buffer overflow attacks. 4 January 9,2004 - MOU/Municipa/ity of Kincardine Data/Fix . . . . . Memorandum of Understanding Municipality of Kincardine 5.6 Audits DataFix audits all MW access and security logs on a daily basis to ensure that any unusual access patterns can be quickly identified and resolved. 5.7 Virus Checks DataFix's computing environment contains the most sophisticated virus scan software and update mechanisms. Virus definition files are updated on a continual basis. 5.8 Backups and Restores DataFix has constructed a completely redundant technical infrastructure to support MW. This infrastructure includes backup Internet connections routed through different Internet Service Providers, which provides protection from a common source of possible outages. To protect against server hardware failures in non-redundant components, DataFix has backup web and database servers available. These servers can be quickly activated to ensure minimal MW downtime. DataFix performs database and file-level backups of the MW system on a daily basis, thus ensuring that minimal data is lost in a disaster recovery situation. Backups are tested on a regular basis to ensure that all aspects of the disaster recovery plan are operational. Depending on the requirements of the MW users, DataFix can also perform backups as frequently as every hour. 6 Customer Service/Support, Monitoring and Management DataFix strives to ensure that all computer and telecommunications hardware and software is operational 24 hours a day, 7 days a week. The MW system is normally available at all times except when essential maintenance to hardware or software is required. If it is necessary to interrupt service, prior notification will be given wherever possible and interruptions will be scheduled to minimize their impact on users. DataFix's MW support service regularly monitors all logged problems and discussions are held to analyze support trends and additional needs. Monitoring is a powerful tool for tracking trends and ensuring that appropriate staff and technology are accessible to callers. 5 January 9, 2004 - MOU/Municipality of Kincardine Data/Fix < . I . . Memorandum of Understanding Municipality of Kincardine If users encounter problems, the on-line support function provides an Electronic Mail link to DataFix support team, where issues are resolved usually within 24 hours. 6.1 Customer Service Support/Coverage Normal business hours for providing customer support is from 8:00AM to 5:00 PM, Monday to Friday, excluding statutory holidays. Telephone support is available by calling 416-363-8170 Extension 249 or by Electronic mail through the support function within the MW application. Calls or Electronic mail received outside normal business hours will be processed on the next business day. 6.2 System Availability With the exception of planned maintenance windows, the MW application will be available 24 hours per day, 7 days a week. Whenever possible, maintenance will be performed on weekends or after normal business hours. Availability of 99.7% per full calendar month (30 days) excluding scheduled maintenance or installations will be deemed as fully compliant for the purpose of the MW service level commitment. 6.3 Service Measure DataFix will perform remote monitoring of the MW application. The system will be tested every fifteen (15) minutes and alerts are sent via Electronic Mail or page to DataFix Support personnel as soon as a problem is identified. 6.4 Non-Performance In the event DataFix is unable to provide the services as stated in 6.1 Customer Service Support/Coverage and 6.2 System Availability, DataFix will work with the Municipality of Kincardine to assess the impact and determine the remedial action. 6 January 9,2004 - MOU/Municipality of Kincardine Data/Fix , . I . . Memorandum of Understanding Municipality of Kincardine 7 Confidentiality DataFix has been entrusted with confidential data from many government, public, and private organizations. Accordingly, all aspects of physical and network security are rigorous and continually monitored and updated. For the purposes of this Agreement, DataFix shall not disclose to anyone any elector information, which forms part of the MVV application. 8 Force Majeure Either party shall be excused from any delay or failure in performance caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay. 9 Term of Agreement This Memorandum of Understanding will become effective from the date of signing to December 31, 2006. On or before December 31, 2006, this Memorandum of Understanding can be renewed to provide ongoing elector information management services. 10 Fees and Payment Terms The fee for providing the MW services for the Municipality of Kincardine is $4,200 plus GST. The fee specified above covers only the services listed in this MOU. A quotation will be provided for any additional services requested. Payment terms for the MW service are as follows: a) An invoice for $1,050 will be forwarded to you upon receipt of a signed Memorandum of Understanding. b) $1, 050 will be invoiced in January 2005. c) $1, 050 will be invoiced in January and November 2006. d) GST will be added to each invoice. 7 January 9,2004 - MOU/Municipality of Kincardine Data/Fix -, ,,-... , . . Memorandum of Understanding Municipality of Kincardine 11 Cancellation/Termination Either party may terminate this agreement at any time by giving 60 days written notice to the other party. DataFix: 8 King Street East Suite 600 Toronto ON MSC 1BS Municipality: Municipality of Kincardine 707 Queen Street Kincardine ON N2Z 1Z9 Contact: Jim Stewart Account Executive Contact: Nancy Turcotte Deputy Clerk/AA CQ2iS~~>¿f) ~~.~ DataFix Representative Municipality Representative ~.J ~E'> A. S-T~'í Name (please print) Rosaline Graham. Clerk Name (please print) ~ï q /0'-/ ~ /9, ;)00+ Date Date ~((. A- Municipality Representative Glenn R. Sutton. Mayor (Date) ~ /Cf) ~zf. 8 January 9,2004 - MOUjMunicipality of Kincardine Data/Fix