HomeMy WebLinkAboutResolution #5294 - oroposal from midcentury communications for telephone services RESOLUTION NO 5294
A RESOLUTION APPROVING A PROPOSAL FROM MID CENTURY
COMMUNICATIONS FOR TELEPHONE SERVICES
WHEREAS, the City of Canton, Illinois (the "City") is in need of telephone services for
various buildings and/or municipal services of the City;
WHEREAS, the City's current Master Services Agreement with Call One Inc. is set to
expire on or about March 6, 2021;
WHEREAS, upon review of the bid received from Mid Century Communications, the
Finance Committee of the City of Canton and the Mayor and City Council have determined that it
is necessary and in the best interests of the City of Canton for the City to obtain telephone services
from Mid-Century Communications.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CANTON,ILLINOIS,AS FOLLOWS:
1. The proposal from Mid Century Communications, attached hereto as "Exhibit A," is
hereby accepted for the purposes of an equipment purchase of$19,810.00 and a month-
to-month service package (expiring April 30, 2021) at a cost of approximately
$1,978.66 per month;
2. That the Mayor and/or the City Treasurer are hereby authorized to enter into any and
all agreements and execute any other documentation necessary to obtain telephone
services from Mid Century Communications pursuant to the accepted proposal,
particularly the Service Agreement, dated January 20, 2021, included therewith;
3. That the Mayor, City Attorney,and/or the City Treasurer are hereby authorized to send
any necessary notices to terminate any current agreements with Call One Inc.
5. That this Resolution shall be in full force and effect immediately upon its passage by the
City Council of the City of Canton, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 5th
day of January, 2021 upon a roll call vote as follows:
AYES: ��tvIY1��y �e 5(JiY� C�" ��•• ( h�i i 2/ iNb IC/
NAYS: 'N?0'1er-
ABSENT: Alae " L[;'vc 1
APPROVED:
ent McDowell; or
ATTE :'
i9
Diana is.vley-Rock, City Clerk
EXHIBIT A
mldt :;
: Century
, . , . C e
Enterprises, inc.
Service Agreement
01/20/21
Between
Company: Customer:
Mid Century Communications City of Canton
285 Mid Century Lane and Mayor Kent McDowell
PO Box 380 2 N Main
Fairview, IL 61432 Canton,IL 61520
Billing Address:
If different than listed address
Services Included
POLYCOM VVX 450 HOSTED PHONES-75®$153.00=$11,475.00 (One time charge) TOTAL EQUIPMENT INVESTMENT:$19910.00
VIPrarerred HOSTED SEATS-79e$1999 per month=$1579.21 (Monthly Recurring Charge) SEATSNIP PACKAGES:1978.58
V IPlS er(Honr)-5 C119.99 per month=$19.95 (Monthly Recurring Charge)
FAX SEATS-8 a$1499 par month=$119.92 (Monthly Recurring Charge)
Virtual NUMere-22 $4.99 per month=$109.78 (Monthly Rewnln9 Charge)
Rect./ad Uree-20e$5.99 per month=$11980 (Monthly Recurring Charge)
EQUIPMENT(HORNS) 5®$590=$2,800.00 (One gm charge)
INSTALLATION $5,175.00 (ESTIMATED)
SHIPPING TAXES $390.00 (ESTIMATED)
Contract Terms
$Contract Valid Until April 30th. _One time charge
❑ Year Contract or Month-to-Month Contract
o speed Internet service
o static IP$7.50 per month
$4.50/mo. Fiber Equipment Fee(required)—Includes Router Maintenance&Support, and
one service call per year if needed at no charge.
(Contract Terms valid for Until April 30,2021) (144k irk
ll�'��
Signature 0 ,'/
Printed Name Ket-4 Ac.MC Do
Title 1\ALLUI 0
Date 01/20/21
2020-12_E0
Century Enterprises, Inc. (CE1)Terms and Conditions
1. Provision of Services. The services identified on the Account fees payable to CEI within the most recent six-month period
Information page of this Agreement(the"Services Included")for CO pursuant to this Agreement.
shall be provided pursuant to these General Terms and Conditions.
8. Third Party Actions/Occurrences Beyond CEI's Control. CEI shall
2. Aut etie-itenewai--Upen the-expiration of the initiakerr Ehlx not be responsible for actions of any third parties that may impact,
Agreement-slroll-automatically-rer►e►v-on-e•month-to-month-besis disrupt or damage Customer's Services, equipment, software or
eontino"ng- therY + ide5-thirfy13Aj-days-wrltten-etottlee business. While CEI disclaims any responsibility to advise Customer
e eleetion-toterminatetite-service• of any risks associated with Services, and Customer shall be
responsible for maintaining appropriate firewall protection and
3. Payment. CO shall invoice Customer for charges incurred on or other protection of its computers and/or network equipment,other
about the 5th day of every month and payment of such charges shall than when specified by this agreement. In addition,CEI shall not be
be due from Customer on or about the 25th day of every month as responsible for service disruptions, delays or other problems that
specified in such invoice. Invoices shall reflect all charges set forth are the direct or indirect result of any cause or occurrence beyond
in this Agreement as well as all applicable taxes. If Customer fails to CEI's control. Causes or occurrences beyond CEI's control shall
make any payment when due, Customer's account shall be in include but shall not be limited to acts of civil disobedience;acts of
default. Accounts in default are subject to immediate termination God;casualty or accident;war;labor disputes;government actions;
or suspension,as well as a$5.00 late payment charge. A reconnect interference with or disruptions.
charge will be required to re-establish service. In addition,Customer
shall pay reasonable expenses, including without limitation 9. Prohibited Activities. Customer shall not do any of the following
attorneys'fees and court costs,incurred by CEI in connection with or permit any of Customer's authorized users or other third parties
enforcement of its rights under this Agreement. to do any of the following:
1. Post or transmit any unlawful, threatening, abusive, libelous,
4. Credit History. Customer consents to CO obtaining Customer's defamatory, obscene, pornographic, profane or otherwise
payment history and other credit information from and/or disclosing objectionable information of any kind,including without limitation
such information to credit reporting agencies,credit bureaus and/or any transmissions constituting or encouraging conduct that would
or private credit reporting associations. constitute a criminal offense,give rise to civil liability,or otherwise
violate any local, state, national or international law, including
5. No Resale. Customer shall not promote,offer,resell or give any without limitation the U.S.export control laws and regulations;
Services or equipment provided under this Agreement to any third 2. Post or transmit any information or software which contains a
party. Upon confirmation by CO of any violation of this provision by virus,worm,malware or other harmful component;
Customer, or by Customer's principals, employees or agents, CEI 3. Upload, post,publish,transmit,reproduce,or distribute in any
may: (i) terminate the provision of Services to Customer way,information,software,or other material protected by copyright
immediately;(ii)recover from customer liquidated damages equal or other proprietary rights without obtaining the prior consent of the
to two times the monthly fee for each violation for so tong as the copyright owner or right holder;
violation continues;and/or(iii)seek injunctive relief and/or available 4. Disseminate unsolicited commercial e-mail that uses a third
damages through state or federal courts. party's domain name without permission,contains falsified routing
information or a misleading subject line,or is otherwise contrary to
6. No Warranties. CEI provides no warranties,express or implied, CO's policy on"Spamming"and/or applicable state or federal law;
by operation of law or otherwise, with respect to Services or 5. Abuse or fraudulently use the Service or any equipment provided
equipment provided to Customer, except those defined in an pursuant to this Agreement in any way whatsoever whether or not
attached Service Level Agreement, if applicable. CEI hereby specifically identified herein.
disclaims any and all express and implied warranties, including
without limitation any warranties of merchantability or fitness for a 10.No Obligation to Monitor. CEI disclaims any obligation to
particular purpose. CEI'Services and equipment are provided on an monitor or exercise any control over the content of information
"as is"basis. In addition,CEI makes no representation that Services passed through its system. However,Customer's use of Services in
will be uninterrupted or error free. CEI will not be liable for the violation of Section 8 above(Prohibited Activities)shall constitute an
consequences of any interruptions or errors in Services. This section irreparable breach of this Agreement and shall be grounds for CEI to
will be enforceable to the maximum extent allowed by applicable immediately terminate or suspend Service provided to Customer,
law. and/or remove or block Customer's access to prohibited materials.
7. Limitation of Liability. CEI shall not be liable for any indirect, 11.indemnification. Customer shall indemnify, defend and hold
special,or consequential damages,or any loss of revenue,profits or harmless CEI, its shareholders, officers, directors, employees,
data,arising out of or relating to this agreement,however caused, agents,affiliates,successors and assigns,from and against any and
under any legal theory(whether in contract,tort,negligence,strict all claims, demands, losses, liabilities, damages or expenses
liability or otherwise), irrespective of whether CEI is aware of or (including attorneys' fees and costs) of any nature whatsoever
should have been aware of the possibility of such damages. Further, incurred or suffered by CEI(collectively the"losses"),in so far as such
CEI's aggregate liability arising out of or relating to this agreement losses(or actions in respect thereof)arise out of,are related to,or
under any legal theory shall under no circumstances exceed the total are based on any claim related to Customer's use of Services or any
Initial L/
equipment provided pursuant to, or to Customer's breach of any Customer due to default or the undertaking of any prohibited
term of this Agreement. activity by Customer,Customer's authorized user or any third party
in connection with Customer's account, Customer shall be
12.Choice of Law; Venue. The validity, construction, and responsible for an Early Termination Fee in the amount of one
performance of this Agreement shall be governed by the substantive hundred percent (100%) of all monthly recurring charges
law of the State of Illinois without regard to the conflicts of law attributable to Customer's account multiplied by the number of
provisions thereof. Any action relating to this Agreement must be months between such termination and the natural expiration of the
brought in the federal or state courts,as appropriate,located in the then current term of this Agreement.
County of Fulton,Illinois,and Customer irrevocably consents to the
jurisdiction of and venue in such courts. 16.Severability. If any portion of this Agreement shall be held by a
court of competent jurisdiction for any reason to be invalid or
13.No Assignment. Customer may not sell, transfer, assign or unenforceable,the remaining portion or portions shall nevertheless
subcontract this Agreement, or any right or obligation set forth be considered valid,enforceable and this Agreement shall be carried
herein, without the prior written consent of CEI. Any act in into effect without the invalid or unenforceable portion unless to do
derogation of the foregoing shall be null and void. so would clearly violate the present legal and valid intentions of the
parties hereto.
14.No Waiver of Rights. Failure by CEI to enforce Customer's strict
performance of any provision of this Agreement will not constitute 17.No Oral Modifications. No agreement or variation of the terms
a waiver of CEI's right to subsequently enforce such provision or any and conditions of this Agreement shall be valid unless the same are
other provision of this Agreement. in writing and signed by the parties hereto. All section titles and
captions contained herein are for convenience and reference only
15.Effect of Termination.Suspension or Expiration. No termination and shall not be considered as part of the content of this Agreement.
or suspension of Service to Customer, or expiration of this
Agreement, shall relieve either party from the liabilities or 18.Binding Upon Successors and Assigns. Notwithstanding any
obligations incurred prior to such termination. Without limitation, limitation on assignments,this Agreement shall be binding upon and
upon such termination or suspension of Service Customer shall inure to the benefit of the parties hereto, their heirs, legal
remain obligated for any amounts due to CEI pursuant to the terms representatives,or successors.
of this Agreement. In the event of termination of Service to
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COMMUNICATIONS :
CITY OF CANTON
ADDITONAL INFORMATION
AMOUNT OF PHONES
During the City Council meeting on Tuesday,January 5th there was concern brought up on the number of
phones being bid. Carol reminded us that all of the department heads have been contacted.
After Rudy created his inventory of phone and fax lines,she sent that document out to all of the
department heads to ask them to review for accuracy and to also note if there were any phones that
could be eliminated or if they needed any additional. She received responses from all of the
department heads confirming the list was correct and they had no changes to make.
WARRANTY ON PHONES
Polycom VVX 450's is a new brand of phone. We are getting use to them and do not know the exact life
of them, however the warranty is laid out below.
The warranty is as such that we have thirty days and then we can have Voyant replace the phone.
We also have one year to return to the factory for repair.
On our end of things,we work on the functions and provisioning of the phone. We do not do any of the
physical repair ourselves.
We will work on trouble shooting with our customer to get them back up and running.
If a phone goes bad, if there is a spare,we would swap it out(may be a used spare we have in the office
from the demo account).
If the phone is in warranty for 30 days,we will contact Voyant and they will replace it.
If the phone is within the one year,we would send it to the factory. We would swap a phone in for our
customer in the meantime.
If it is out of warranty,we can swap the phone,but the customer will be charged for the new
phone. Phones are at our cost.
Mid Century Communications 1285 Mid Century Lane I PO Box 380 I Fairview, IL 61432
309.778.8611 I fiber@midcentury.com I fiberfastnow.com
idcentury
F f
COMMUNICATIONSa`.
If it is just a handset that goes bad,they are$20 if purchasing a new one.
If a power block goes bad,they are between 10 and 15 dollars unless it is a conference phone (those are
more expensive).
THREE YEAR CONTRACT
All information provided is going to be at a three-year contract level.
Mid Century Communications 1285 Mid Century Lane I PO Box 380 I Fairview, IL 61432
309.778.8611 I fiber@midcentury.com I fiberfastnow.com
• `ow/
mid .
COMMUNICATIONS" The Right Connection for You!
City Of Canton
Canton, IL
January 6, 2021
Equipment
Polycom WX450 75 @ $ 153.00 $ 11,475.00
Horns 5 @ $ 560.00 $ 2,800.00
$ -
Total Equipment $ 14,275.00
Shipping(estimated) $ 360.00
Installation,Configuration and Training $ 5,175.00
Total One Time: $ 19,810.00
Seats/VIP Packages
VIPreferred * 79 @ $ 19.99 $ 1,579.21
VIPrimer(Horns)* 5 @ $ 9.99 $ 49.95
Virtual Number* 22 @ $ 4.99 $ 109.78
Recorded Line* 20 $ 5.99 $119.80
Fax Line* 8 $ 14.99 $119.92
Total Monthly j $ 1,978.66
Signature: Date:
Signed Printed
Note: Quote valid for 30 days. Prices subject to change and do not include taxes or applicable regulatory fees. Above pricing
requires three year service agreement. Services cancelled prior to end of service agreement subject to early termination fee. Terms
and Conditions apply.
The information is PRIVILEGED and CONFIDENTIAL and is intended for the use of the addressee and no one else.If you are
not the intended recipient,please do not read,distribute,reproduce or use this information in any way.
mid.
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E terp ises r Inc,.
1
Service Agreement
00/00/00
Between
Company: Customer:
Mid Century Communications City of Canton
285 Mid Century Lane and Mayor Kent McDowell
PO Box 380 2 N Main
Fairview, IL 61432 Canton,IL 61520
Billing Address:
If different than listed address
Services Included
POLVCOM VAX 450 HOSTED PHONES-750$153.00=511.47500 (One ems charge) TOTAL EQUIPMENT INVESTMENT:$19.81000
VIProlorrod HOSTED SEATS-790119.99 par month=$157921 (Monthly Recurring Charge) SEATS/VIP PACKAGES:1978.85
VIPrimer)Horne)-5 0$9.99 par month=$49.95 ()bonthly Recurring Charge)
FAX SEATS-8a$14.99 per month=$11992 (Monthly Recunng Charge)
Virtual Numeers.22 0$4.99 per month=$109.78 (Monthly Retuning Charge)
Recorded Linea-20 055 99 per month=$11980 (Monthly Recurring Charge)
EQUIPMENT(HORNS) 5 0 5550-12.80000 (Ona eme charge)
INSTALLATION $5,17500 (ESTIMATED)
SHIPPING&TAXES $36000 (ESTIMATED)
Contract Terms
$ -One time charge
0 3 Year Contract or ❑ Month-to-Month Contract
o speed Internet service
o static IP$7.50 per month
$4.50/mo. Fiber Equipment Fee(required)—Includes Router Maintenance&Support,and
one service call per year if needed at no charge.
(Contract Terms valid for 30 days)
Signature
Printed Name
Title
Date 00/00/00
2020-12_E0
Century Enterprises, Inc. (CEI) Terms and Conditions
1. Provision of Services. The services identified on the Account fees payable to CEI within the most recent six-month period
Information page of this Agreement(the"Services Included")for CEI pursuant to this Agreement.
shall be provided pursuant to these General Terms and Conditions.
8. Third Party Actions/Occurrences Beyond CEI's Control. CEI shall
2. Automatic Renewal. Upon the expiration of the initial term,this not be responsible for actions of any third parties that may impact,
Agreement shall automatically renew on a month to month basis disrupt or damage Customer's Services, equipment, software or
continuing until either party provides thirty(30)days written notice business. While CEI disclaims any responsibility to advise Customer
of its election to terminate the service. of any risks associated with Services, and Customer shall be
responsible for maintaining appropriate firewall protection and
3. Payment. CEI shall invoice Customer for charges incurred on or other protection of its computers and/or network equipment,other
about the 5th day of every month and payment of such charges shall than when specified by this agreement. In addition,CEI shall not be
be due from Customer on or about the 25th day of every month as responsible for service disruptions, delays or other problems that
specified in such invoice. Invoices shall reflect all charges set forth are the direct or indirect result of any cause or occurrence beyond
in this Agreement as well as all applicable taxes. If Customer fails to CEI's control. Causes or occurrences beyond CEI's control shall
make any payment when due, Customer's account shall be in include but shall not be limited to acts of civil disobedience;acts of
default. Accounts in default are subject to immediate termination God;casualty or accident;war;labor disputes;government actions;
or suspension,as well as a$5.00 late payment charge. A reconnect interference with or disruptions.
charge will be required to re-establish service. In addition,Customer
shall pay reasonable expenses, including without limitation 9. Prohibited Activities. Customer shall not do any of the following
attorneys'fees and court costs, incurred by CEI in connection with or permit any of Customer's authorized users or other third parties
enforcement of its rights under this Agreement. to do any of the following:
1. Post or transmit any unlawful, threatening, abusive, libelous,
4. Credit History. Customer consents to CEI obtaining Customer's defamatory, obscene, pornographic, profane or otherwise
payment history and other credit information from and/or disclosing objectionable information of any kind, including without limitation
such information to credit reporting agencies,credit bureaus and/or any transmissions constituting or encouraging conduct that would
or private credit reporting associations. constitute a criminal offense,give rise to civil liability,or otherwise
violate any local, state, national or international law, including
5. No Resale. Customer shall not promote,offer,resell or give any without limitation the U.S.export control laws and regulations;
Services or equipment provided under this Agreement to any third 2. Post or transmit any information or software which contains a
party. Upon confirmation by CEI of any violation of this provision by virus,worm,malware or other harmful component;
Customer, or by Customer's principals, employees or agents, CEI 3. Upload, post,publish,transmit, reproduce,or distribute in any
may: (i) terminate the provision of Services to Customer way,information,software,or other material protected by copyright
immediately; (ii) recover from customer liquidated damages equal or other proprietary rights without obtaining the prior consent of the
to two times the monthly fee for each violation for so long as the copyright owner or right holder;
violation continues;and/or(iii)seek injunctive relief and/or available 4. Disseminate unsolicited commercial e-mail that uses a third
damages through state or federal courts. party's domain name without permission,contains falsified routing
information or a misleading subject line,or is otherwise contrary to
6. No Warranties. CEI provides no warranties,express or implied, CEI's policy on"Spamming"and/or applicable state or federal law;
by operation of law or otherwise, with respect to Services or 5. Abuse or fraudulently use the Service or any equipment provided
equipment provided to Customer, except those defined in an pursuant to this Agreement in any way whatsoever whether or not
attached Service Level Agreement, if applicable. CEI hereby specifically identified herein.
disclaims any and all express and implied warranties, including
without limitation any warranties of merchantability or fitness for a 10.No Obligation to Monitor. CEI disclaims any obligation to
particular purpose. CEI'Services and equipment are provided on an monitor or exercise any control over the content of information
"as is"basis. In addition,CEI makes no representation that Services passed through its system. However,Customer's use of Services in
will be uninterrupted or error free. CEI will not be liable for the violation of Section 8 above(Prohibited Activities)shall constitute an
consequences of any interruptions or errors in Services. This section irreparable breach of this Agreement and shall be grounds for CEI to
will be enforceable to the maximum extent allowed by applicable immediately terminate or suspend Service provided to Customer,
law. and/or remove or block Customer's access to prohibited materials.
7. Limitation of Liability. CEI shall not be liable for any indirect, 11.Indemnification. Customer shall indemnify, defend and hold
special,or consequential damages,or any loss of revenue,profits or harmless CEI, its shareholders, officers, directors, employees,
data,arising out of or relating to this agreement, however caused, agents,affiliates,successors and assigns,from and against any and
under any legal theory(whether in contract,tort,negligence,strict all claims, demands, losses, liabilities, damages or expenses
liability or otherwise), irrespective of whether CEI is aware of or (including attorneys' fees and costs) of any nature whatsoever
should have been aware of the possibility of such damages. Further, incurred or suffered by CEI(collectively the"losses"),in so far as such
CEI's aggregate liability arising out of or relating to this agreement losses(or actions in respect thereof)arise out of,are related to,or
under any legal theory shall under no circumstances exceed the total are based on any claim related to Customer's use of Services or any
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equipment provided pursuant to, or to Customer's breach of any Customer due to default or the undertaking of any prohibited
term of this Agreement. activity by Customer,Customer's authorized user or any third party
in connection with Customer's account, Customer shall be
12.Choice of Law; Venue. The validity, construction, and responsible for an Early Termination Fee in the amount of one
performance of this Agreement shall be governed by the substantive hundred percent (100%) of all monthly recurring charges
law of the State of Illinois without regard to the conflicts of law attributable to Customer's account multiplied by the number of
provisions thereof. Any action relating to this Agreement must be months between such termination and the natural expiration of the
brought in the federal or state courts,as appropriate,located in the then current term of this Agreement.
County of Fulton,Illinois,and Customer irrevocably consents to the
jurisdiction of and venue in such courts. 16.Severability. If any portion of this Agreement shall be held by a
court of competent jurisdiction for any reason to be invalid or
13.No Assignment. Customer may not sell, transfer, assign or unenforceable,the remaining portion or portions shall nevertheless
subcontract this Agreement, or any right or obligation set forth be considered valid,enforceable and this Agreement shall be carried
herein, without the prior written consent of CEI. Any act in into effect without the invalid or unenforceable portion unless to do
derogation of the foregoing shall be null and void. so would clearly violate the present legal and valid intentions of the
parties hereto.
14.No Waiver of Rights. Failure by CEI to enforce Customer's strict
performance of any provision of this Agreement will not constitute 17.No Oral Modifications. No agreement or variation of the terms
a waiver of CEI's right to subsequently enforce such provision or any and conditions of this Agreement shall be valid unless the same are
other provision of this Agreement. in writing and signed by the parties hereto. All section titles and
captions contained herein are for convenience and reference only
15.Effect of Termination.Suspension or Expiration. No termination and shall not be considered as part of the content of this Agreement.
or suspension of Service to Customer, or expiration of this
Agreement, shall relieve either party from the liabilities or 18.Binding Upon Successors and Assigns. Notwithstanding any
obligations incurred prior to such termination. Without limitation, limitation on assignments,this Agreement shall be binding upon and
upon such termination or suspension of Service Customer shall inure to the benefit of the parties hereto, their heirs, legal
remain obligated for any amounts due to CEI pursuant to the terms representatives,or successors.
of this Agreement. In the event of termination of Service to
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