Loading...
HomeMy WebLinkAboutResolution #5312 - proposal from mid century communications for telephone services RESOLUTION NO. 5312 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 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 agreement with Mid Century Communications, substantially in the form as attached hereto as "Exhibit A," is hereby APPROVED; 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; 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 any other providers, if necessary; 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 4th day of May, 2021 upon a roll call vote as follows: AYES: Aldermen Justin Nelson, Angela Lingenfelter, Jeff Fritz,Angela Hale, Craig West, John Lovell, Andra Chamberlin NAYS: None ABSENT: None AP ROVED: mitn) ",jeco 6 ent McDowell, Mayor ATTES 11,1P Diana Pavley-Rock, City Clerk EXHIBIT A mid Century Enterprises, Inc. Service Agreement 05/05/21 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 VIPreferred HOSTED SEATS 54 @$19.99 per month=$1079.46 VlPrimer Seats 5 @$9.99 per month=$49.95 FAX SEATS 7©$14.99 per month=$104.93 Virtual Numbers 12 @$4.99 per month=$59.88 Recorded Lines 2 @$5.99 per month=$11.98 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 05/05/21 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 not be responsible for actions of any third parties that may impact, • disrupt or damage Customer's Services, equipment, software or business. While CEI disclaims any responsibility to advise Customer • - . 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 objectiona ble 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 da mages. 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 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 Initial