HomeMy WebLinkAboutResolution #5537 - Proposal from Midcentury Fiber Business Solutions for Internet Services RESOLUTION NO. 5537
A RESOLUTION APPROVING A PROPOSAL FROM MIDCENTURY FIBER
BUSINESS SOLUTIONS FOR INTERNET SERVICES
WHEREAS,the City of Canton,Illinois(the"City")is in need of certain internet services
at Greenwood Cemetery;
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 internet services from MidCentury Fiber.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CANTON,ILLINOIS,AS FOLLOWS:
1. The Business Solutions Quote with MidCentury Fiber Business Solutions
("MidCentury"), 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 internet
services from MidCentury for a period not to exceed three (3)years;
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 20th
day of January,2026 upon a roll call vote as follows:
AYES: Alderaerson Chamberlin,Grimm, Nelson,Lovell,Hale,Pickel,Ketcham, Gossett
NAYS:None
ABSENT: None
APPROVED:
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ndrea J. Smi -Walters, City Clerk
EXHIBIT A
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Business Contract
Contract Terms Between: n
Business Name: 0 t Calr)4pn r
Service Address:�014 0 Mom►h �{TP,°T City: AV n State:
Contact Name: COTM
Contact Email: 0- KOhle r 4 cap-loy%c . tact Phone #: 30'J-(oL(_7-OOGS
Billing Address: 2, N. 1 41 y ' 4re4 City: (A State: _(_..
Billing Email: (? k hk'p-r (d CY,4v, yn -i hA hal I + D
Authorized User(s): I'
Name: kGL SC\Lk«Z- Contact Email: br ka , 56(&Z- d a-unp-acf
Contact Phone #: ;�Ogl-4 53-(o(o3g
Name: k 3 Gby Contact Email: D R r►a S CPU @ caf-" 'IJY
Contact Phone #: - 1
Contract Terms of Service - Internet Service
Please check one box to Ultimate Gigabit Elite Basic
select your internet plan. Speeds up to 1000/1000Mbps Speeds up to 500/500Mbps Speeds up to 250/250Mbps
Yearly Contract (5 Years) ❑ $22500/mo. This plan is unavailable This plan is unavailable
Yearly Contract (3 Years) ❑ $25000/mo. $12500/mo. ❑✓ $75001mo.
Month-to-Month Contract ❑ $45000/mo. L250()O/mo. ❑ $15000/mo.
Select Your Managed Wi-Fi Plan
11 11 $5per1nonth
ruLTImATE
' ,ermonth .
SMARTBIZ SMARTNET ONT ONLY(OPTICAL
Managed business internet solution WI-FI NETWORK TERMINAL)
that delivers reliable connectivity, Includes Wi-Fi 6 router,App,ProtectlQ This option is for customers who
built-in network support,and access network security and ExperiencelQ choose to use their own router
to the SmartBiz app. Wi-Fi Management o
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BusinessSales@midcentury.com
• • 309-778-3278
.•. • Century Lane, Fairview. IL •
•
•site: fiberfastnow.com
75"
BUSINESS SOLUTIONS
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Optional Services
Please fill out any additional add-ons that are
Static IPs
Static IPs ..................................................................$10.00/mo. each
Wi-Fi Extenders
Extender(s).
# of indoor extenders $5/mo. each. # of outdoor extenders $10/mo. each.
see M
❑ Request On-Site Wi-Fi Survey
1 would like Mid Century to perform an on-site survey to evaluate WY-Fi coverage and recommend solutions if needed.
1 understand this may be subject to additional charges.
LTE Solutions.
$ 1000.00 - Misc. Fee
Customer ^^,A
Customer Name. the_ rlt A, > � W We (I Customer Signature:
Title: by— Date:
Mid Century Communications
Customer Name: Jim Broemmer Customer Signature:
Title: Chief Executive Officer Date:
email: BusinessSales@midcentury.com
. 309-778-3278
address: : • Century Lane. Fairview, IL 61432 Mid-entury
•- • •
mid
77
BUSINESS SOLUTIONS
ANN/VEgSARY
Terms & Conditions
1. Provision of Services. The services identified on the Account Information page of this Agreement
(the "Services Included") for Century Enterprises, Inc. (CEI), doing business as Mid Century Fiber,
shall be provided pursuant to these General Terms and Conditions.
2. Automatic Renewal. Upon the expiration of the initial term, this Agreement shall automatically
renew on a month-to-month basis at the then current month-to-month pricing continuing until either
party provides sixty (60) days written notice of its election to terminate the service or a new term
agreement is executed.
3. Payment. Mid Century Fiber shall invoice Customer for charges incurred on or about the 5th day of
every month and payment of such charges shall be due from Customer on or about the 25th day
of every month as specified in such invoice. Invoices shall reflect all charges set forth in this
Agreement as well as all applicable taxes. If Customer fails to make any payment when due,
Customer's account shall be in default.Accounts in default are subject to immediate termination
or suspension, as well as a $5.00 late payment charge. A reconnect charge will be required to
re-establish service. In addition, Customer shall pay reasonable expenses, including without
limitation attorneys' fees and court costs, incurred by Mid Century Fiber in connection with
enforcement of its rights under this Agreement.
4. Credit History. Customer consents to Mid Century Fiber obtaining Customer's payment history and
other credit information from and/or disclosing such information to credit reporting agencies, credit
bureaus and/or private credit reporting associations.
5. No Resale. Customer shall not promote, offer, resell or give any Services or equipment provided
under this Agreement to any third party. Upon confirmation by Mid Century Fiber of any violation of
this provision by Customer, or by Customer's principals, employees or agents, Mid Century Fiber
may: (i) terminate the provision of Services to Customer immediately; (ii) recover from customer
liquidated damages equal to two times the monthly fee for each violation for so long as the violation
continues; and/or (iii) seek injunctive relief and/or available damages through state or
federal courts.
6. No Warranties. Mid Century Fiber provides no warranties, express or implied, by operation of law
or otherwise, with respect to Services or equipment provided to Customer, except those defined in
email: BusinessSales@midcentury.com
. 309-778-3278
address: 285 • Century Lane, Fairview, IL •
.- •
rnld
BUSINESS SOLUTIONS
ANN/VERSgRY
an attached Service Level Agreement, if applicable. Mid Century Fiber hereby disclaims any and
all express and implied warranties, including without limitation any warranties of merchantability or
fitness for a particular purpose. Mid Century Fiber' Services and equipment are provided on an
"as is" basis. In addition, Mid Century Fiber makes no representation that Services will be
uninterrupted or error free. Mid Century Fiber will not be liable for the consequences of any
interruptions or errors in Services. This section will be enforceable to the maximum extent allowed
by applicable law.
7. Limitation of Liability. Mid Century Fiber shall not be liable for any indirect, special, or
consequential damages, or any loss of revenue, profits or data, arising out of or relating to this
agreement, however caused, under any legal theory (whether in contract, tort, negligence,
strict liability or otherwise), irrespective of whether Mid Century Fiber is aware of or should have
been aware of the possibility of such damages. Further, Mid Century Fiber's aggregate liability
arising out of or relating to this agreement under any legal theory shall under no circumstances
exceed the total fees payable to Mid Century Fiber within the most recent six-month period
pursuant to this Agreement.
8. Third Party Actions/Occurrences Beyond Mid Century Fiber's Control. Mid Century Fiber shall not
be responsible for actions of any third parties that may impact, disrupt, or damage
Customer's Services, equipment, software, or business and is not responsible for Customer's
cyber security or for the actions of third parties using the service to gain access to and/or
communicate with Customer. Mid Century Fiber disclaims any responsibility to advise Customer of
any risks associated with Services, and Customer shall be responsible for maintaining appropriate
firewall protection and other protection of its computers and/or network equipment, other than when
specified by this agreement. In addition, Mid Century Fiber shall not be responsible for service
disruptions, delays or other problems that are the direct or indirect result of any cause or
occurrence beyond Mid Century Fiber's control. Causes or occurrences beyond Mid Century Fiber's
control shall include but shall not be limited to acts of civil disobedience; acts of God; casualty or
accident; war; labor disputes; government actions; interference with or disruptions.
9. Prohibited Activities. Customer shall not do any of the following or permit any of Customer's
authorized users or other third parties to do any of the following:
a. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene,
pornographic, profane or otherwise objectionable information of any kind, including without
limitation any transmissions constituting or encouraging conduct that would constitute a
email: BusinessSales@midcentury.com
. 309-778-3278
address: 285 Mid Century Lane, Fairview. IL 61432 M •
K 75
BUSINESS no
SOLUTIONS1 MMMM.
criminal offense, give rise to civil liability, or otherwise violate any local, state, national or
international law, including without limitation the U.S. export control laws and regulations;
b. Post or transmit any information or software which contains a virus, worm, malware or other
harmful component;
C. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software, or
other material protected by copyright or other proprietary rights without obtaining the prior
consent of the copyright owner or right holder;
d. Disseminate unsolicited commercial e-mail that uses a third party's domain name without
permission, contains falsified routing information or a misleading subject line, or is otherwise
contrary to Mid Century Fiber's policy on "Spamming" and/or applicable state or federal law;
e. Abuse or fraudulently use the Service or any equipment provided pursuant to this
Agreement in any way whatsoever whether or not specifically identified herein.
10. No Obligation to Monitor. Mid Century Fiber disclaims any obligation to monitor or exercise any
control over the content of information passed through its system. However, Customer's use of
Services in violation of Section 9 above (Prohibited Activities) shall constitute an irreparable breach
of this Agreement and shall be grounds for Mid Century Fiber to immediately terminate or suspend
Service provided to Customer, and/or remove or block Customer's access to prohibited materials.
11. Indemnification. Customer shall indemnify, defend and hold harmless Mid Century Fiber, its
shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and
against any and all claims, demands, losses, liabilities, damages or expenses (including attorneys'
fees and costs) of any nature whatsoever incurred or suffered by Mid Century Fiber (collectively the
"losses"), in so far as such losses (or actions in respect thereof) arise out of, are related to, or are
based on any claim related to Customer's use of Services or any equipment provided pursuant to,
or to Customer's breach of any term of this Agreement.
12. Choice of Law; Venue. The validity, construction, and performance of this Agreement shall be
governed by the substantive law of the State of Illinois without regard to the conflicts of law
provisions thereof.Any action relating to this Agreement must be brought in the federal or state
courts, as appropriate, located in the County of Fulton, Illinois, and Customer irrevocably consents
to the jurisdiction of and venue in such courts.
13. No Assicinment. Customer may not sell, transfer, assign or subcontract this Agreement, or
any right or obligation set forth herein, without the prior written consent of Mid Century Fiber.
Any act in derogation of the foregoing shall be null and void.
BusinessSales@midcentury.com
• • 309-778-3278
.• •ress: 285 Mid Century Lane, Fairview, IL 61432
-•site: fiberfastnow.com 11011CAT10t.S'
571 75"
BUSINESS SOLUTIONS
ANN/Y
14. No Waiver of Rights. Failure by Mid Century Fiber to enforce Customer's strict performance of any
provision of this Agreement will not constitute a waiver of Mid Century Fiber's right to subsequently
enforce such provision or any other provision of this Agreement.
15. Effect of Termination. Suspension or Expiration. No termination or suspension of Service to
Customer, or expiration of this Agreement, shall relieve either party from the liabilities or
obligations incurred prior to such termination. Without limitation, upon such termination or
suspension of Service Customer shall remain obligated for any amounts due to Mid Century Fiber
pursuant to the terms of this Agreement. In the event of termination of Service to Customer due to
default or the undertaking of any prohibited activity by Customer, Customer's authorized user or any
third party in connection with Customer's account, Customer shall be responsible for an Early
Termination Fee in the amount of one hundred percent (100%) of all monthly recurring charges
attributable to Customer's account multiplied by the number of months between such termination
and the natural expiration of the then current term of this Agreement.
16. Severability. If any portion of this Agreement shall be held by a court of competent jurisdiction for
any reason to be invalid or unenforceable, the remaining portion or portions shall nevertheless be
considered valid, enforceable and this Agreement shall be carried into effect without the invalid or
unenforceable portion unless to do so would clearly violate the present legal and valid intentions of
the parties hereto.
17. No Oral Modifications. No agreement or variation of the terms and conditions of this Agreement
shall be valid unless the same are in writing and signed by the parties here to. All section titles
and captions contained herein are for convenience and reference only and shall not be considered
as part of the content of this Agreement.
18. Binding Upon Successors and Assigns. Not withstanding any limitation on assignments, this
Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs,
legal representatives, or successors
Initialemail: BusinessSales@midcentury.com
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. 309-778-3278
address: 285 • Century Lane, Fairview, IL 61432 •
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