HomeMy WebLinkAbout23 184 Information Technology Services (2023) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2023 – 184
Being a By-law to Authorize a Memorandum of Understanding and
an Information Technology Services Agreement with
The Corporation of the County of Bruce
Whereas Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provide that the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the municipality to
govern its affairs as it considers appropriate and to enhance the municipality’s ability to
respond to municipal issues and has the capacity, rights, powers and privileges of a natural
person for the purpose of exercising its authority under this or any other Act; and
Whereas Council of The Corporation of the Municipality of Kincardine deems it advisable to
enter into a Memorandum of Understanding outlining the terms and conditions upon which
Information Technology services will be provided by the County of Bruce to the Municipality
of Kincardine; and
Whereas Council of The Corporation of the Municipality of Kincardine deems it advisable to
enter into an Information Technology Services Agreement with the Corporation of the County
of Bruce for Information Technology Services; now therefore be it
Resolved that the Council of The Corporation of the Municipality of Kincardine Enacts as
follows:
1. That The Corporation of the Municipality of Kincardine enter into a Memorandum of
Understanding with the Corporation of the County of Bruce, to outline the terms and
conditions upon which IT services will be provided by the County of Bruce to the
Corporation of the Municipality of Kincardine, in accordance with the terms and
conditions outlined in the Memorandum of Understanding, attached hereto as
Schedule ‘A’ and forming part of this By-law.
2. That The Corporation of the Municipality of Kincardine enter into an Information
Technology Services Agreement with the Corporation of the County of Bruce, for IT
services, in accordance with the terms and conditions outlined in the Agreement
attached hereto as Schedule ‘B’ and forming part of this By-law.
3. That the Mayor and Clerk be authorized to sign and execute, on behalf of The
Corporation of the Municipality of Kincardine, the Memorandum of Understanding and
the Agreement with the Corporation of the County of Bruce.
4. That this By-law shall come into full force and effect upon its final passage.
5. That this By-law be cited as “Information Technology Services (2023) By-law”.
Read a First and Second Time this 8th day of November, 2023.
Read a Third Time and Finally Passed this 8th day of November, 2023.
Mayor Clerk
BETWEEN:
Q 19, j .
MEMORANDUM OF UNDERSTANDING (MOU)
INFORMATION TECHNOLOGY SERVICES AGREEMENT
effective this 8th day of November , 2023.
THE CORPORATION OF THE COUNTY OF BRUCE
(hereinafter called the "County of Bruce")
Nita
THE CORPORATION OF THE MUNICIPALITY OF KINARDINE
(hereinafter called the "Municipality of Kincardine")
Introduction: This Memorandum of Understanding (MOU) is intended to outline the terms and
conditions upon which IT services will be provided by County of Bruce to Municipality of Kincardine.
Duration: This MOU shall commence on Jan.1, 2024 _ and continue in effect untilDec.31, 2028unless
otherwise terminated or amended as stipulated herein.
Scope of Services: County of Bruce agrees to provide the following IT services to Municipality of
Kincardine as outlined in detail within the executed IT Services Agreement — MOK Nov.8, 2023
Year 1 Focus: During the first year of this MOU:
1. The primary focus of IT services will be on break/fix work. Through this process, a living audit of
systems and services will be generated. This audit is intended to provide Municipality of
Kincardine with critical insights pertinent to budget considerations, particularly in the areas of IT
security, risk mitigation, software license currency, modernization, and compliance.
2. Information Technology staff provided by Municipality of Kincardine will be under the direction
and guidance of County of Bruce. While the primary responsibility of this staff will be to support
Municipality of Kincardine's operations, they may also be utilized in other areas not exclusively
related to Municipality of Kincardine based on County of Bruce's discretion.
Year 2 Focus: During the second year of this MOU:
1. The IT staff member originally from Municipality of Kincardine may transition to become an
employee of County of Bruce. All relevant employment procedures, policies, and benefits of
County of Bruce will apply to this staff member from the effective date of the transition.
2. The fully burdened costs of the transitioning IT staff member from Municipality of Kincardine will
be added to the agreement costs. Municipality of Kincardine agrees to compensate County of
Bruce for these additional costs from the beginning of Year 2. An updated invoice reflecting this
change in costs will be provided by County of Bruce.
3. Yearly County of Bruce will provide Municipality of Kincardine with information pertinent to
budget considerations, particularly in the areas of IT security, risk mitigation, software license
currency, modernization, and compliance.
Responsibilities of County of Bruce:
1. Ensure timely delivery and performance of the services contained within executed IT Services
Agreement - MOK.
2. Maintain and update software and hardware necessary for the delivery of said services.
3. Provide technical support and assistance to Municipality of Kincardine on schedule and as
required.
4. Quarterly reporting to the Municipality of Kincardine Director of Corporate Services in support of
Council reporting requirements.
Responsibilities of Municipality of Kincardine:
1. Notify County of Bruce in a timely manner of any issues or concerns regarding the IT services.
2. Ensure timely payment for the services rendered as per the payment terms outlined.
3. Provide feedback and necessary information to County of Bruce to facilitate the services.
4. Notify service providers and service contracts to the details of the agreement and arrange for
account access on contracts and services as required.
S. Provide electronic access to systems and services of which are to be supported by the County of
Bruce. This includes passwords and usernames and system documentation,
6. Provide physical access to systems and services of which are to be supported by the County of
Bruce through physical and electronic keys for building and room entry purposes at all sites
where IT infrastructure is located.
Payment Terms: Municipality of Kincardine agrees to compensate County of Bruce based on the
following payment terms:
1. Payment shall be made quarterly upon receipt of the invoice from County of Bruce.
Confidentiality: Both parties agree to maintain the confidentiality of any information, documents, data,
or communication shared between them.
Termination: Either party may terminate this MOU with 6 months written notice. In the case of a breach
of the terms outlined herein, the aggrieved party may seek immediate termination. Full details
contained in section 22, 23, 24 of the IT Services Agreement — MOK.
Dispute Resolution: Any disputes arising out of this MOU shall be resolved through mediation or, if
necessary, through an agreed -upon arbitration process. Full details contained in section 29 of the IT
Services Agreement — MOK.
Amendment: Changes or amendments to this MOU must be mutually agreed upon and put in writing,
signed by the authorized representatives of both parties. Full details contained in section 29 of the IT
Services Agreement — MOK.
Contacts:
County of Bruce:
• Designated Contact: Michael Kirkpatrick
• Phone: 519 8811291
• Email: mkirkpatrick@brucecounty.on.ca
Municipality of Kincardine:
• Designated Contact: Roxana Baumann
0 Phone: 519-396-3468 x 7107
• Email: rbaumann@kincardine.ca
XII. Acknowledgment:
By their respective signatures below, the parties agree to all terms and conditions outlined in this
Memorandum of Understanding.
Corporation of the County of Bruce: Date:
Kenneth Craig
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INFORMATION TECHNOLOGY SERVICES AGREEMENT
• effective this 11th day of January, 2024.
BETWEEN:
THE CORPORATION OF THE COUNTY OF BRUCE
(hereinafter called the "County")
- and —
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
(hereinafter called the "Municipality")
WHEREAS:
A. The County is a municipality and an upper-tier municipality as defined by the Municipal
Act, 2001, S.O. 2001, c. 25, as amended or replaced (hereinafter the "Municipal Act');
B. The Municipality is a lower-tier municipality and local municipality as defined by the
Municipal Act;
• C. Local municipalities located within the geography of the County and County Councillors
have expressed interest in having the County provide information technology services to
the local municipalities;
D. Section 9 of the Municipal Act provides that municipalities have the capacity, rights,
powers and privileges of natural persons, which includes the power to do things that
natural persons can do, such as, inter alia, provide information technology services and
enter into agreements;
E. Subsection 11(1-2) of the Municipal Act provides broad authority for upper-tier
municipalities to manage their respective financial affairs and to provide any service the
upper-tier municipality considers desirable for the public;
F. County Council considers the County provision of information technology services to the
local municipalities to be desirable, effective and valuable to the community;
G. Subsection 19(2)3 and 20 of the Municipal Act allows an upper-tier municipality to provide
a service in a local municipality as long as one of the purposes of its provision is for lower-
tier municipal purposes, there is consent from the local municipality, and the municipalities
enter into an agreement with respect to the provision of such services;
111 H. The Municipality desires and consents for Information Technology Services to be provided
by the County and confirms that the purpose of delivery of such service from the County
is to pool resources with the County in a cooperative effort to provide local municipalities
with high quality information technology services at a cost which is not prohibitive
(hereafter referred to as the "Initiative");
I. The Municipality acknowledges that, in reliance on the local municipalities' express and
collective desire for the Initiative, the County has hired information technology staff to
provide information technology services to the local municipalities and that it would be
detrimental to the County in terms of human resources and employment law costs if the
Municipality were to terminate this Agreement;
J. Section 8 of the Municipal Act provides that the powers of municipalities shall be
interpreted broadly so as to confer broad authority to enable municipalities to govern their
own affairs;
K. This Agreement sets out the conditions upon which the County will provide information
technology services to the Municipality; the requirements of said services; and the
methods for requesting said services;
L. The CAO or the CAO's designate is authorized to administer this Agreement for the
Municipality and execute any such further documents as may be necessary to give effect
to services herein described;
M. The Director of ITS and his or her designate is authorized to administer this Agreement
on behalf of the County and execute any such further documents as may be necessary to
give effect to services herein described.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the payment
of the sum of TWO DOLLARS ($2.00) from each Party to the other and for other good and
valuable consideration, including the covenants herein, the receipt and sufficiency of which is
hereby acknowledged, the Parties covenant and agree as follows:
Recitals
1. The above recitals are true and hereby incorporated into this Agreement by reference.
Definitions
2. In this Agreement, in addition to terms defined elsewhere in this Agreement, the
following terms have the following meanings:
(a) "Agreement"means this Agreement, including all Schedules, as it may be
confirmed, amended, modified, supplemented or restated by written
agreement between the Parties;
(b) "Business Day" means any day excluding a Saturday, Sunday or
statutory holiday in the Province of Ontario.
(c) "Change Order(s)" means a Change Order substantially in form of
Schedule "C"which adds, removes or modifies a service to be provided to
the Municipality by the ITS Department for the duration and at the cost set
out in the Change Order. Any duly endorsed Changer Order(s) by the
Municipality and the Director of ITS shall be an amendment to this
Agreement and shall be appended hereto.
(d) "Communication"means any notice, demand, request, consent, approval
or other communication which is required or permitted by this Agreement
to be given or made by a Party;
(e) "Consultant(s)"means a third party(ies) whose services are procured by
the ITS Department upon the recommendation of the Director of ITS and
paid for by the Local Municipalities whether individually or as a cooperative
purchasing scenario.
(f) "Director of ITS" means the person appointed to hold the position of the
Director of Information Technology Services of the ITS Department.
(g) "IT"means Information Technology.
(h) "ITS"means Information Technology Services.
(i) "ITS Department" means the department of the County having the
mandate and responsibility for the provision of Information Technology
Services.
(j) "ITS Staff" means employees of or independent contractors contracted
with the County ITS Department.
(k) "Local Municipalities" means all of the local municipalities which are
located within the geography of the County of Bruce and, each of which
have entered into a Service Agreement with the ITS Department.
(I) "Options Menu"means the services listed in Schedule "B", which may be
provided by the ITS Department in the event of a duly endorsed Change
Order(s) by the Municipality and the Director of ITS for the duration and at
the cost set out in Change Order(s).
(m) "Parties" means The Corporation of the County of Bruce and The
Corporation of the Municipality of Kincardine collectively and "Party"
means one of them.
(n) "Services" means the information technology services list set out in
Schedule `A"to be provided for the Term of this Agreement and for the cost
set out in section 10(a) of this Agreement, subject to Change Order(s).
Term
3. Subject to the termination and amendment provisions of this Agreement (ss. 22-24
and 27), the term of this Agreement shall be for five (5) years commencing on the
effective date noted at the top of page one (1) of this Agreement (hereafter, the
"Term"). The Term shall be automatically renewed for two further five (5) year terms
commencing on the anniversary date of each five-year term, provided that neither
Party terminates this Agreement in accordance with ss. 22-24, on or before the
applicable renewal date.
Information Technology Services
4. The ITS Department shall provide The Corporation of the Municipality of Kincardine
with Information Technology Services and Support, as set out in the following
documents:
(a) Schedule "A"Services List — sets out the services to be provided for the
Term of this Agreement for the cost set out in section 10(a) of this
Agreement, subject to Change Order(s).
(b) Schedule "B"Options Menu - sets out services which are not included in
the cost set out in section 10(a) of this Agreement but may be provided by
the ITS Department in the event of a duly endorsed Change Order(s) by
the Municipality and the Director of ITS for the duration and at the cost set
out in Change Order(s).
(c) Schedule "C" Change Order Form — provides a form of Change Order
Form to be used by the Parties.
(d) Schedule "D" Regular Service Level Guidelines — a guideline document
which sets out incident response guidelines.
5. The scheduling and delivery times for Services will be discussed between the Director
of ITS and the Municipality and the ITS Department shall use reasonable efforts to
cooperate with and accommodate the scheduling requests of the Municipality.
6. Any change, modification or addition of a service to the Services, to be effective, must
be processed through a Change Order(s) substantially in the form of Schedule "C"
and endorsed by the Municipality and the Director of ITS. Change Orders shall
generally identify the following:
(a) The nature of the change such as addition, deletion or modification of the
service;
(b) The duration of the change;
(c) How the Services are affected;
(d) The increase or decrease of the cost of the Services as a result of the
Change Order.
It is the responsibility of the Municipality to ensure that all Change Orders are
compliant with local purchasing by-laws or policies. The County shall be permitted to
rely upon the signature of the CAO or his or her designate as confirmation of
compliance with any such policy or by-law.
Any duly endorsed Changer Order(s) by the Municipality and the Director of ITS shall
be an amendment to this Agreement and shall be appended hereto.
Consultants to be Procured by the County ITS Department
7. From time to time, it may be necessary for the ITS Department, on the
recommendation of the Director of ITS, to procure Consultant(s) to assist with the
provision of IT Services. Consultants may be retained where the ITS Department
requires:
(a) specialized expertise;
(b) additional support for significant projects;
(c) additional support for short deadlines,
or in any other circumstance deemed appropriate by the Director of ITS.
8. Where the Director of ITS recommends the procurement of Consultant(s), he/she
shall notify the Municipality in writing of such recommendation with written reasons
why the Consultant is necessary. It shall be the sole responsibility of the ITS
Department to procure the Consultant(s) in accordance with the County purchasing
policy and pay such Consultant(s) directly.
9. Any amounts due and payable to a Consultant or incurred by the County in procuring
the consultant pursuant to section 7 shall be calculated and recovered from the
Municipality. Prior to awarding the procurement of a Consultant to a particular
individual or entity the ITS Department shall provide the name of a proposed
Consultant to the Municipality so that it may advise the ITS Department of any
potential conflicts of interest. Where the consultant may be performing services that
will benefit more than one of the Local Municipalities, then the cost of the consultant
will be divided between the benefitting Local Municipalities on a pro rata basis or as
set out by the Director of ITS in writing to the Municipality.
Financial Provisions
Base Cost +Actual Costs Adjustment
10. The County shall be compensated for the provision of IT Services by the Municipality
in accordance with the Base Cost+Actual Costs Adjustment formula set out below:
(a) The base cost for the Services for the Municipality provided herein shall be
$100,000 (hereafter the, "Base Cost"), as set out in Schedule "A".
(b) The Municipality shall pay to the County the Base Cost in quarterly invoices
produced on or about March 31, June 30, September 30, and December
31 of each year during the Term of this Agreement.
(c) Invoices are payable within 30 days from the date the invoice is issued by
the County.
(d) An annual costs reconciliation and adjustment(hereafter the"Actual Costs
Adjustment") will be made in December of each year during the Term of
this Agreement to ensure that the Municipality's annual payment for the
Services aligns with the actual cost to ITS of providing the Services. The
Actual Costs Adjustment shall take into account the costs associated with
any Change Order(s) made during the year and any other consideration
deemed relevant by the Director of ITS, including but not limited to:
(i) the impact that the Services for the Municipality has had on the
human resources of the ITS Department;
(ii) salary and benefits of ITS Staff;
(iii) infrastructure costs;
(iv) licensing costs; and
(v) software and hardware costs.
The annual Actual Costs Adjustment, if any, will be reflected on the Municipality's
final invoice for the year issued on or around December 31. A report detailing the
Actual Costs Adjustment will be provided by the Director of ITS to the CAO of the
Municipality or his or her designate.
Annual Review
11. The ITS Department shall perform an annual review (hereafter the "Annual
Review") in December of each year during the Term of this Agreement, and any
renewals thereof, which will take into account both the Actual Costs Adjustment
noted above and any anticipated Change Order(s) anticipated for the upcoming
year, for the purposes of adjusting the Base Cost of the Services for the upcoming
year. In determining the Base Cost for the upcoming year, the ITS Department shall
take into account:
(a) any Change Order(s) made during the year;
(b) the Municipality's actual or anticipated ITS needs for the upcoming year;
(c) the impact that the Services for the Municipality has had on the human
resources of the ITS Department;
(d) salary and benefits of ITS Staff;
(e) infrastructure costs;
(f) licensing and services costs;
(g) software and hardware costs; and
(h) any other consideration deemed relevant by the Director of ITS.
Without limiting the foregoing, the Parties acknowledge and agree that, subject to any
cost adjustment required by any Change Order(s) made during the year and any
addition or removal of services based on the anticipated needs of the Municipality for
the upcoming year, the Base Cost will:
• Increase by a minimum of the Corporation of County of Bruce council adopted
cost-of-living adjustment for non-union employes.
• Increase by a maximum of cost-of-living adjustment plus four (4%) to account
for increased operational support costs not attributed to salary.
Following the Annual Review, the Director of ITS, in consultation with the Municipality,
shall amend Schedule "A"to adjust the Base Cost of the Services for the upcoming
year. Any Change Order(s) made during the year that are intended to be in effect
during the upcoming year shall be incorporated into the amended Schedule "A"at that
time. The amended Schedule "A"shall come into effect January 1 of the year following
the Annual Review.
Renegotiation Out of Necessity
12. Notwithstanding any the foregoing or any other provision of this Agreement, at any
time during the Term of this Agreement, whether due to an Annual Review or
otherwise, the Director of ITS in his or her sole discretion determines that that the
Services being provided to the Municipality by the ITS Department are having a
significant impact on human resources of the ITS Department which warrants an
adjustment to the price, the price of the Services shall be renegotiated as between
the Director of ITS and the Municipality's CAO and this Agreement shall be amended
as a result of the renegotiation. In the event that the Director of ITS and the
Municipality's CAO are unable to reach a renegotiated agreement within four (4)
weeks from the time the Municipality was notified of the need for a price change, the
price shall be considered a dispute and the dispute resolution mechanism provided
for in section 29 of this Agreement shall commence.
County Responsibilities
13. The County covenants that it shall be responsible for the following:
(a) the provision of the Services, as defined in this Agreement;
(b) providing best efforts to leverage shared services to reduce overall ITS
costs to Local Municipalities located in the geography of Bruce County;
(c) its own employees, Councillors, officers, and agents engaging in the
furtherance of their duties, wherever situate, in relation to the performance
of the Services under this Agreement; and
(d) the negligence of its own employees and agents in the furtherance of their
duties under this Agreement.
County Indemnity
14. The County hereby releases, indemnifies, and holds harmless the Municipality, its
respective employees, directors, officers, and agents from and against any and all
claims, causes of action, demands, losses, costs, charges, fees, expenses, duties,
dues, accounts, covenants, or other proceeding of every kind or nature whatsoever
at law or in equity brought against, suffered by or imposed upon the Municipality which
arise out of or are related to any loss, damage or injury to any person or property
(including injury resulting in death) which is caused by the negligence of County
employees acting in the course of performing their obligations in the furtherance of
this Agreement.
County Insurance
15. The County agrees that it shall, at its own expense, obtain and maintain in full force
and effect during the Term of this Agreement and any renewal thereof, the following
policies of insurance coverage:
(a) Commercial General Liability Insurance ("CGL") on an occurrence
basis insuring against damages to persons (personal injury, including
death) and property, contractual liability, employer's liability, and
employee benefits liability with a limit of not less than five million dollars
($5,000,000.00). The CGL shall include:
(i) the Municipality as an additional insured;
(ii) a cross-liability clause;
(iii) a severability of interests clause endorsement;
(iv) contractual liability coverage arising out of this Agreement;
The above noted CGL shall include a provision that if cancelled or
changed in any manner that would affect the Parties as outlined in the
coverage specified, the insurer will endeavor to provide thirty (30) days
prior written notice by mail or facsimile transmission to the Parties.
(b) Errors and Omissions coverage for potential errors and omissions arising
from the operations of its employees (including employee benefits
liability) underwritten by an insurer licensed to conduct business in the
Province of Ontario.
(c) If the above noted insurance policy is to be cancelled or non-renewed for
any reason, ninety (90) days' notice of said cancellation or non-renewal
must be provided to the Municipality.
Responsibilities of the Municipality
16. The Municipality covenants that it shall be fully responsible for the following:
(a) Its own corporate operations and activities;
(b) Its own employees, Councillors, officers, and agents engaging in the
furtherance of their duties, wherever situate;
(c) Its own negligence or the negligence of its own employees, Councillors,
Mayors, directors, officers, and agents;
(d) Without limiting clauses 16(a-c), the operating and capital costs associated
with the IT systems, software, hardware, licensing, warranties, services
and other related costs of the IT systems, software, and hardware which it
owns, maintains or licenses;
(e) Without limiting clauses 16(a-c), appropriately budgeting for its own IT
operating and capital expenditures, as recommended by Director of ITS;
(f) Providing best efforts to the Director of ITS notice of upcoming projects,
strategies and objectives that may impact IT resources;
(g) Adhering to technology standards as determined by the ITS Department;
(h) Without limiting clause 16(a-c), ensuring that third party vendor agreements
(underpinning contracts) are in place for appropriate service coverage;
(i) Assigning a knowledgeable primary contact to facilitate IT related inquiries
and approvals;
(j) Without limiting clause 16(a-c), adopting and adhering to appropriate ITS
policies; and
(k) Providing to the ITS Department any and all relevant information relating
to its: IT systems; the use of its IT systems; software; hardware; licensing;
contracts; and warranties.
Indemnity from the Municipality
17. The Municipality hereby releases, indemnifies, completely holds harmless and agrees
to defend the County, including the County's respective employees, Councillors,
officers, agents and legal counsel from and against any and all claims, causes of
action, demands, losses, costs, charges, fees, expenses, duties, dues, accounts,
covenants, or other proceeding of every kind or nature whatsoever at law or in equity
brought against, suffered by or imposed which arise out of or are related to any loss,
damage or injury to any person or property (including injury resulting in death) which
is caused by its operations, activities or the negligence of its employees, directors, or
officers.
18. The Municipality shall, at its own expense, obtain and maintain in full force and effect
during the Term of this Agreement and any renewal thereof the following policies of
insurance coverage:
(a) Commercial General Liability Insurance ("CGL") on an occurrence
basis insuring against damages to persons (personal injury, including
death) and property, contractual liability, employer's liability, and
employee benefits liability with a limit of not less than five million dollars
($5,000,000.00) per occurrence or such greater amount that the County
may from time to time reasonably request. The CGL shall:
(i) include the County as additional insured;
(ii) contain a cross-liability clause;
(iii) contain a severability of interests clause endorsement;
(iv) contain a clause including contractual liability coverage arising out of
this Agreement;
The above noted CGL shall include a provision that if cancelled or
changed in any manner that would affect the Parties as outlined in the
coverage specified, the insurer will endeavor to provide thirty (30) days
prior written notice by mail or facsimile transmission to the Parties.
(b) Errors and Omissions coverage for potential errors and omissions
arising from the operations of its employees(including employee benefits
liability) underwritten by an insurer licensed to conduct business in the
Province of Ontario.
(c) If the above noted insurance policy is to be cancelled or non-renewed
for any reason, ninety (90) days' notice of said cancellation or non-
renewal must be provided to the County.
Force Majeure
19. Despite any section of this Agreement, no Party shall be liable for damages caused
by delay or failure to perform its obligations under this Agreement where such delay
or failure is caused by an event beyond its reasonable control (hereinafter referred to
as a "Force Majeure Event"). The Parties agree that an event shall not be considered
a Force Majeure Event if a reasonable person owing duties to others in the same or
similar circumstances as provided for under this Agreement would have put in place
contingency plans to either materially mitigate or negate the effects of such an event.
If a Party seeks to excuse itself from its obligations under this Agreement due to a
Force Majeure Event, that Party shall immediately notify the other Party(ies) of the
delay or non-performance, the reason for such delay or non-performance, and the
anticipated period of delay or non-performance. In addition, the Party excusing itself
due to a Force Majeure Event shall use its best efforts to remedy any such non-
performance, except that nothing herein contained shall require any such party to
make settlement of any labour dispute on terms unacceptable to it.
Compliance with Law and Confidentiality
20. The Parties agree to treat each other's information that is not publicly available,
including information relating to business affairs, operations, human resources and
proprietary practices as confidential.
21. Notwithstanding section 20 above, both Parties acknowledge that each of them, being
an Ontario municipality, is subject to the Municipal Freedom of Information and
Protection of Privacy Act, RSO 1990, c M56 ("MFIPPA") and as a result, some
information may be required to be disclosed by either party as a statutory
requirement. The Parties agree that notwithstanding section 20 of this Agreement,
either Party shall have no obligation with respect to the disclosure of confidential
information and does hereby fully and finally release the other, its respective Warden,
Mayor, Councilors, officers, directors, employees, agents, and legal counsel from any
liability for disclosing confidential information in the event that the Party that discloses
confidential information does so in accordance with a lawful statute applicable in
Ontario, including MFIPPA, or PHIPA or is ordered to disclose such information by
the Office of the Information and Privacy Commissioner or any court or tribunal of
competent jurisdiction.
Termination
By the Municipality
22. The Municipality may terminate this Agreement by providing six (6) months written
notice to the County. The effective date of termination by the Municipality shall be
exactly six (6) months after notice is effectively received by the County in accordance
with section 25 of this Agreement (the "Termination Date"). The Municipality
acknowledges that in the event the Municipality terminates this Agreement, it will no
longer receive ITS, from the County, but it will remain liable for:
(a) Paying to the County all costs that, but for the termination, would have
been associated with providing the Services for the remainder of the year
in which the Termination Date occurs;
(b) Paying the County an amount sufficient to cover the Municipality's share
of any and all long-term obligations incurred for the benefit of the
Municipality by the County in reliance upon the Municipality's
commitments to the Initiative, including but not limited to, the hiring of IT
personnel, leasing, licensing, early termination costs, consultants and all
other non-avoidable future costs identified, and
(c) The return of any hardware and/or software licenses that is not owned
solely by the Municipality to the County.
By the County
23. The County may terminate this Agreement at any time without cost or penalty upon
providing six (6) months written notice to the Municipality.
Due to Dissolution
24. In the event the Municipality dissolves as a Corporation, this Agreement shall
terminate. In the event the County dissolves as a Corporation, this Agreement shall
terminate. In either event, termination due to dissolution shall occur as of the date
the corporate entity ceases operations. Each of the Parties covenant to inform the
other immediately as soon as it has knowledge that the dissolution the cessation of
operations is either being considered and/or has any semblance of likelihood.
Notices
25. Acceptable Communications between the Parties shall include communications
which are:
(a) delivered personally or by courier;
(b) sent by prepaid registered mail;
(c) transmitted by facsimile, e-mail or functionally equivalent electronic
means of transmission, charges (if any) prepaid.
Any Communication must be sent to the intended Party at its address for service listed
on the signature pages of this Agreement or to any other address as any Party may
at any time advise the other by Communication given or made in accordance with this
section. Any Communication delivered to a Party to whom it is addressed will be
deemed to have been given or made and received on the day it is delivered at that
Party's address, provided that if that day is not a Business Day then the
Communication will be deemed to have been given or made and received on the next
Business Day. Any Communication transmitted by facsimile, e-mail or other
functionally equivalent electronic means of transmission will be deemed to have been
given or made and received on the day on which it is transmitted, but if the
Communication is transmitted on a day which is not a Business Day or after 4:00pm
(local time of the recipient), the Communication will be deemed to have been given or
made and received on the next Business Day.
Further Assurances
26. The Parties warrant that they shall do, execute, acknowledge, deliver and/or cause to
be done such other acts, agreements and other documents as may be reasonably
required or desirable to give effect to the terms of this Agreement.
Amendment and Waiver
27. No amendment, discharge, modification, restatement, supplement, termination or
waiver of this Agreement or any section of this Agreement is binding unless it is in
writing and executed by the Parties to be bound. No waiver of, failure to exercise, or
delay in exercising, any section of this Agreement constitutes a waiver of any other
section (whether or not similar) nor does any waiver constitute a continuing waiver
unless otherwise expressly provided.
Assignment and Inurement
28. Neither this Agreement nor any right or obligation under this Agreement may be
assigned by any Party, other than provided for herein, without the prior written consent
of the other Parties. This Agreement inures to the benefit of and is binding upon the
Parties and their respective heirs, executors, administrators, estate trustees, trustees,
personal or legal representatives, successors and permitted assigns.
Dispute Resolution
29. Upon written requests to resolve any disputes arising from this Agreement which are
sent by one Party to another, the Parties hereby agree to resolve all disputes pursuant
to this section. Upon receipt by the receiving Party of a written request to resolve
disputes, the Parties shall first attempt to resolve all disputes by way of formal
negotiation between the Parties and their appointed representatives. Generally, at
first instance an attempt to resolve any dispute shall be performed by the
Municipality's staff and the Director of ITS. Should the dispute remain unresolved for
a period of thirty (30) or more days then the matter may be escalated to the respective
CAOs of the County and the Municipality. If the disputes cannot be settled within sixty
(60) days from the receipt of the written request to resolve disputes by the receiving
Party, then the Parties shall enter into a structured negotiation on a without prejudice
basis with the assistance of a mediator appointed by them. If the disputes cannot be
settled within ninety (90) days from the receipt of written request to resolve disputes
by the receiving Party, or such longer period as may be agreed to by the Parties, the
Parties shall, refer the matter forthwith to an arbitration which shall finally resolve the
dispute(s). The aforementioned arbitration shall be conducted in accordance with the
Ontario Arbitration Act, 1991, c 17, as amended or replaced.
Voluntary Enforceable Agreement
30. The Parties warrant that this Agreement is voluntary, that none of the Parties are
under any legal disability and that each Party has had an opportunity to seek the
advice of independent legal counsel with respect to this Agreement.
Counterparts
31. This Agreement may be executed and delivered by the parties in one or more
counterparts, each of which will be an original, and each of which may be delivered
by facsimile, e-mail or other functionally equivalent electronic means of transmission,
and those counterparts will together constitute one and the same instrument.
Severability
32. Each section of this Agreement is distinct and severable. If any section of this
Agreement, in whole or in part, is or becomes illegal, invalid, void, voidable or
unenforceable in any jurisdiction by any court of competent jurisdiction, the illegality,
invalidity or unenforceability of that section, in whole or in part, will not affect:
(a) the legality, validity or enforceability of the remaining sections of this
Agreement, in whole or in part; or
(b) the legality, validity or enforceability of that section, in whole or in part, in
any other jurisdiction.
Governing Law
33. This Agreement is governed by and is to be construed and interpreted in accordance
with the laws of the Province of Ontario and the laws of Canada applicable in that
Province.
(ONE(1) SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF this Agreement has been executed by the Parties hereto on the date(s)
set out below and the Parties agree that this Agreement shall be effective on the date set out at
the top of page one (1) of this Agreement.
THE CORPORATION OF THE COUNTY OF BRUCE
Date: January 2024
Address for Service:
Attn: Clerk
30 Park Street.
Walkerton, ON NOG 2V0
Per: _
Chris ea ody, W den
Per:
Linda White, Clerk
We have authority to bind the Corporation
The Corporation of the Municipality of Kincardine
Date: 1V\csv•%., 20243
Address for Service:
Attn: Clerk
1475 Concession 5
RR#5,
Kincardine ON N2Z 2X6
Per: K
.,,,,„mAL
Kenneth Craig, Mayor
Per: /7-vtt-yu 11�-�. Q
Jenrifer Lawrie, anager of Legislative
Services/Clerk
We have authority to bind the Corporation
Schedules:
A = Services List
B = Options Menu
C = Change Order Form
D = Regular Service Level Standards
SCHEDULE "A"
SERVICES
Service Name Effective Duration of Service Level
Date additional/changed service
Service Desk For the duration of the Regular
Agreement
Service Description: The Service Desk is a customer service focused single point of contact
with the ITS Department. It is responsible for the efficient and effective
resolution of incidents or service requests. The Service Desk tracks,
logs and manages all incidents and service requests using an
Information Technology Service Management (ITSM) system to
ensure that all Service Level Standards are met.
Service Name Effective Duration of Service Level
Date additional/changed service
Website/Web For the duration of the Regular
Application Hosting Agreement
Service Description: Website/Web Application Hosting is the business of housing, serving
and maintaining files for one or more websites which are made
accessible to the Internet. This service provides adequate storage and
bandwidth to ensure the website or web application performs as
expected.
This service also includes related services such as domain name
registration and renewal, DNS management, disaster recovery
planning, AODA compliance reporting and availability monitoring.
Below is a list of web sites and web applications that the
Municipality owns which are hosted using Bruce County IT
managed infrastructure.
- kincardine.ca (GoDaddy/GHD)
- careers.kincardine.ca -> careers-rr2.esolutionsgroup.ca
- gis.kincardine.ca (gissvr)
- webapps.kincardine.net (mok-ts)
- https://anc.ca.apm.activecommunities.com/kincardine
(activenet)
- https://kincardine.ops-com.com/admin/login (Ops-Com)
- https://www.myroadpatrol.com/xrp_kincar/ (Road Patrol)
- https://kincardine.consigno.com/ (Document Signing)
- https://kincardine.escribemeetings.com/ (Council)
- https://myphone.brucetelecom.com/ (voip phone
management)
- https://10.1.1.21/ui/#/login (VMWare client 1.43.8 ESXi 7.0.3)
- v4.citywidesolutions.com
- kincardine.escribemeetings.com
- kincardine.consigno.com
- https://If.kincardine.ca/laserfiche/
Service Name Effective Duration of Service Level
Date additional/changed service
IT Procurement For the duration of the Regular
Agreement
Service Description: IT procurement is the series of activities and procedures necessary to
acquire information technology products and services.
By consolidating IT procurement, it creates opportunities to leverage
economies of scale when purchasing equipment or services.
IT procurement also drives technology standards to ensure that overall
cost effectiveness and efficiencies are found within the Municipality.
Functions of IT Procurement include, but are not limited to:
• Vendor Relationship Management
• Equipment Purchasing
• Technology Standards
• Economies of Scale
• Leveraging Vendor of Record Programs
• Equipment Research and Recommendations
• Procurement Vehicles: Request for Quotes and Request for
Proposals
Service Name Effective Duration of Service Level
Date additional/changed service
IT Asset Management For the duration of the Regular
Agreement
Service Description: IT Asset Management is the set of business practices that join
financial, contractual and inventory functions to support life-cycle
management and strategic decision making for an IT environment
Service Name Effective Duration of Service Level
Date additional/changed service
Management of For the duration of the Regular
Software Licensing Agreement
and Hardware
Maintenance
Agreements
Service Description: This service ensures the Municipality is following all software licensing
requirements that the ITS Department is responsible for supporting
and maintaining.
This service also ensures that the appropriate hardware renewal /
maintenance agreements of critical IT infrastructure are in place.
Service Name Effective Duration of Service Level
Date additional/changed service
Application For the duration of the Regular
Management and Agreement
Support
Service Description: Application Management and Support is a service that manages and
maintains software applications throughout their lifecycle. This
includes installation, maintenance and upgrades, troubleshooting, end-
user support and basic usability assistance.
The following is a list of software applications included in this
Agreement as of the Effective Date.
- Keystone 2023.06.02 8.0 9759
- Cityworks 15.4.1
- FMW v7.00.15
- Laserfiche 11.0.2103.223
- ArcGIS Pro 2.9
- FirePro 2.229
- Stone Orchard 4.10
- ActiveNET
- Microsoft 0365
- OpenOffice 4.1.13
- Adobe Pro Enterprise
- Adobe Pro XI
- Adobe Creative Suite
- Infobite 22.14.00
- Consign°
- eScribe
- EasyPay
- BlueBeam Revu
- Java 8.341
- Watchguard VPN
- RealVNC Viewer 7.5.1
- Security Manager AV Defender 7.5.3.195 (Microage)
- Shadow Protect SPX (Microage)
- SQL 2012/2016/2019
- Postgres SQL 9.6.20 (FirePro2)
- Windows Server 2012R2/2019
- Windows 10/11
- Automated Weather System (AWOS)
Service Name Effective Duration of Service Level
Date additional/changed service
Council Meeting For the duration of the Regular
Support Agreement
Service Description: In person support for systems, staff and public as required for the
effective running of council meetings.
Service Name Effective Duration of Service Level
Date additional/changed service
Network Monitoring For the duration of the Regular
Agreement
Service Description: This service monitors the performance and availability of critical IT
infrastructure and services allowing the ITS Department to proactively
respond to service disruptions.
Service Name Effective Duration of Service Level
Date additional/changed service
IT Security For the duration of the Regular
Agreement
Service Description: IT Security Services are defined as systems or processes which
attempt to mitigate or prevent unauthorized access to computers,
networks and/or data. This could be in the form of privacy and
confidentiality policies, employee education and training or IT systems
or services which attempt to limit the exposure to the unauthorized
access, use, disclosure, disruption, modification, inspection, recording
or destruction of information.
- Watchguard Firewall (Microage)
- Barracuda and Microsoft email filtering
- https://wifi.microagebasics.com:8443/ (Wifi management)
- Security Manager AV Defender (microage)
- Backup and recovery through Microage Age.
- Equipment recycling through Greentec (WMC Contract)
- All data storage devices removed and retained @ MAC
Service Name Effective Duration of Service Level
Date additional/changed service
IT Disaster Recovery For the duration of the Regular
Plan Agreement
Service Description: A disaster recovery plan is a documented process or set of procedures
to recover and protect critical IT infrastructure in the event of a failure
or a disaster. This is not to be confused with a Business Continuity
Plan or a Continuity of Operations Plan.
This service is required for the effective management of critical IT
infrastructure and services.
Service Name Effective Duration of Service Level
Date additional/changed service
Server virtualization For the duration of the Regular
Agreement
Service Description: Server virtualization enables more efficient use of IT resources by
consolidating the number of physical servers within an organization. It
allows physical resources to be better utilized by sharing such
resources across multiple virtual server instances based on the
performance requirements of each virtual server.
Service Name Effective Duration of Service Level
Date additional/changed service
User Account For the duration of the Regular
Management Agreement
Service Description: Add / Modify/ Disable / Remove User Accounts across various IT
systems to ensure appropriate access to IT systems and services is
maintained. This service also ensures accounts are appropriately
assigned to employees while ensuring that the necessary security
controls are in place.
- User Account Management for up to 125 AD accounts
Service Name Effective Duration of Service Level
Date additional/changed service
Email Account For the duration of the Regular
Management Agreement
Service Description: Add /Assign / Modify/ Disable / Remove Email Accounts as required
to support the email communication requirements of the Municipality.
- Email Account Management for up to 202 accounts.
Service Name Effective Duration of Service Level
Date additional/changed service
File Server/ Storage For the duration of the Regular
Management Agreement
Service Description: File Server/Storage Management is the process of maintaining or
increasing the performance of data storage resources and protecting
the integrity of data which is stored on the Municipality's IT data
storage infrastructure. This includes capacity planning, performance
management, reliability of access to data and data backup.
Service Name Effective Duration of Service Level
Date additional/changed service
Printer/Scanner/Plotter For the duration of the Regular
Support Agreement
Service Description: This service includes setup, installation and troubleshooting of the
Municipality's printers, scanners or plotters. Where required, this
service will also facilitate the coordination of third parties to ensure
printers, scanners and plotters are functioning as expected.
- Toshiba Printers (MACx4 WPx1 DCx1 KFDx1) are under
service contract with Microage for toner/maintenance.
- 30 Personal/Shared Printers/MFC
- 20 Document/Handheld Scanning Devices
- 3 Membership Card Printers @ DC
- 2 Mobile Printers (Inspectors)
Service Name Effective Duration of Service Level
Date additional/changed service
Desktop Support For the duration of the Regular
Agreement
Service Description: This service is responsible for the setup, installation, maintenance,
testing, troubleshooting and overall management of laptop and
desktop computers within the Municipality.
- Desktop Support for up to 105 computers.
Service Name Effective Duration of Service Level
Date additional/changed service
Server Support For the duration of the Regular
Agreement
Service Description: This service is responsible for the setup, installation, maintenance,
testing, troubleshooting and overall management of the Municipality's
physical or virtual server infrastructure.
- Server Support for 4 physical servers.
- Server Support for 13 virtual servers.
Service Name Effective Duration of Service Level
Date additional/changed service
Network Support For the duration of the Regular
Agreement
Service Description: This service is responsible for the setup, installation, maintenance,
testing, troubleshooting and overall management of the Municipality's
network infrastructure.
- Network Support for 50 devices.
Service Name Effective Duration of Service Level
Date additional/changed service
Voice over IP (VoIP) For the duration of the Regular
Telephony Services Agreement
Service Description: This service is responsible for the development, application and
deployment of network-based telecommunication services for the
purpose of transmitting voice, video, fax or data.
VoIP replaces traditional analog phone systems with digital
technologies that leverage existing network infrastructure.
- Voice over IP (VoIP) Telephony Services for 81 phone systems
Service Name Effective Duration of Service Level
Date additional/changed service
Mobile Device For the duration of the Regular
Management/ Agreement
Cellular Account
Management
Service Description: This service is responsible for the overall administration and
management of mobile devices and cellular enabled mobile devices
such as, tablets, smart phones and mobile internet devices (rocket
hubs, cellular enabled Wi-Fi routers).
- Mobile Device Management/ Cellular Account Management of
up to 50 devices.
Service Name Effective Duration of Service Level
Date additional/changed service
Remote Access For the duration of the Regular
(VPN) Agreement
Service Description: A remote access service is any combination of hardware or software
to enable users to remotely access internal corporate network or
server services in a secure manner. This service allows the ITS
Department to enable and support the Municipality in providing its
employees remote access to internal IT resources.
Service Name Effective Duration of Service Level
Date additional/changed service
Electronic Records For the duration of the Regular
Management Agreement
Service Description: Electronic document management refers to the use of computer
software or digital filing to store, categorize, share, and organize
business information in an efficient manner
Service Name Effective Duration of Service Level
Date additional/changed service
Security For the duration of the Regular
Cameras Agreement
Service Description: Systems dedicated to the monitoring of activity (continuous or on
event) through the use of video cameras and recording devices.
Service Name Effective Duration of Service Level
Date additional/changed service
IT Policy For the duration of the Regular
Development Agreement
Service Description: Creating and implementing policies that govern the use of information
technology within an organization. IT policies are a set of guidelines
that define how employees should use technology resources, including
computers, software, and networks. These policies help organizations
ensure that their IT resources are used in a secure, efficient, and
effective manner.
Service Name Effective Duration of Service Level
Date additional/changed service
Report Writing For the duration of the Regular
Agreement
Service Description: Quarterly and ad-hoc support provided to the Director of Corporate
Services for council reporting requirements
Service Name Effective Duration of Service Level
Date additional/changed service
After-Hours IT For the duration of the Regular
Emergency Support Agreement
Service Description: This is a service that provides the Municipality access to IT support
outside of regular office hours for IT related emergencies.
IT Emergencies are defined as, any IT related failure or disruption to
network, services or servers that causes a significant impact on the
workflow of its users.
SCHEDULE "B"
OPTIONS MENU
This is a list of Services that can be added to the Service Agreement using the Change Order
process in section 6 of the Agreement. This list is not meant to be all inclusive of every service
the ITS Department can provide. If a service is not listed below, please contact the Director of
ITS.
This list does not contain a specific description for each Service as it is meant to promote
conversation as the requirements and expectations may vary depending on the Municipality. A
description will be developed to outline the requirements and expectations of the service.
• Cloud Migrations
• Application Modernization
• Content Management
• Application Development
• Analytics and Data Management
• Technology Training
• Intrusion Detection / Prevention
• Security Assessments and Audits
• Network Design
• AODA Compliance Audit and Reporting
• Information Architecture
• Intranet Services
• General Consulting
• IT Strategic Planning
SCHEDULE "C"
CHANGE ORDER
Pursuant to section 6 of the Information Technology Services Agreement (hereinafter, the
"Agreement") entered into and duly executed by the Parties on the Parties hereby
agree to the following Change Order:
1. Schedule "A"of the Agreement is hereby amended to add the following IT services:
a.
b.
c.
2. The provision of the IT services identified in section 1(a) [...etc.] shall commence on
and continue for the remainder of the Term of the Agreement or until
3. In addition to the Base Cost set out in section 10(a) of the Agreement, the Municipality
shall pay to the County for the provision of the services identified in section
1(a) [...etc.]. The aforementioned sum shall be added to the Municipality's December 31,
, invoice, in accordance with section 10(c) of the Agreement.
THE CORPORATION OF THE THE CORPORATION OF THE
MUNICIPALITY COUNTY OF BRUCE
OF KINCARDINE
, Chief Administrative Officer , Director of ITS
I have delegated authority to bind the I have delegated authority to bind the
Corporation Corporation
SCHEDULE "D"
REGULAR SERVICE LEVEL GUIDELINES
Support Hours
ITS support staff will be available for Service Desk and Emergency inquiries during the following
hours:
Classification Hours of Service
Normal Hours Monday through Friday, 8:30 AM to 4:30 PM EST, not
including statutory holidays
All incidents outside of the above normal hours fall into the
Afterhours (Emergency) afterhours (emergency) category. The availability of
afterhours ITS services are outlined in the Bruce County
ITS Emergency Support Guidelines
Priority Definitions
Priority guidelines and examples for each priority level.
Priority 1 — Urgent
• Critical system failure: A mission-critical application or system is down, causing severe
business impact.
• Security breach: A significant security incident or data breach has occurred, requiring
immediate investigation and remediation.
• Network outage: Complete loss of network connectivity affecting a large number of users
or critical business operations.
• Server hardware failure: Failure of a crucial server impacting multiple services or
applications.
• Major service disruption: A widespread service disruption affecting a significant number
of users or critical business functions.
Priority 2— High
• Service degradation: A service is experiencing significant performance issues that affect
a subset of users or business operations.
• Application error: An important application is encountering recurring errors, impacting
multiple users productivity.
• Data corruption: Data integrity issues that may impact critical business processes or
decision-making.
• User access issues: Inability for multiple users or groups to access essential systems or
resources.
Priority 3 — Medium
• Minor system error: Non-critical errors or malfunctions in systems or applications that do
not significantly affect business operations.
• Software installation requests: Non-urgent requests for new software installations or
upgrades.
• User account management: Routine user account creations, modifications, or deletions.
• Performance tuning: Optimizing the performance of a specific application or system to
improve efficiency.
• Non-critical system alerts: Notifications or warnings from monitoring systems indicating
potential issues that can be addressed at a later time.
Priority 4— Low
• General information requests: Non-urgent inquiries or requests for information that do
not impact immediate business operations.
• Routine equipment or peripheral requests: Ordering or replacement of non-essential IT
equipment or peripherals.
• Non-essential system enhancements: Requests for new features or functionalities that
are not critical to business operations.
• General training requests: Non-urgent training or knowledge transfer requests.
• Low-priority software bug fixes: Minor software issues that have minimal impact on
operations or user experience.
Response Times
Response Times by Priority:
Initial Response Resolution Time and Reporting
Priority Contact Response Resolution
Person Time Time Reporting
Normal Service 15 Minutes 4 Hours 10 Manager and ITS
Hours Desk Director
After On-Call Staff 1 Hour 4 Hours 10am next day
Hours
1 —Urgent 10 Manager and ITS
Director
Update ticket in IT
Service Management
System
Normal Service 45 minutes 7 business IO Manager
Hours Desk hours
After On-Call Staff 1 Hour 4 Hours 1pm next business
Hours day
2— High
10 Manager and ITS
Director
Update ticket in IT
Service Management
System
Normal Service 3 business 14 business Update ticket in IT
Hours Desk hours hours Service Management
3—Medium System
After N/A N/A N/A N/A
Hours
Normal Service 3.5 business 21 business Update ticket in IT
Hours Desk hours hours Service Management
4—Low System
After N/A N/A N/A N/A
Hours