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Home My WebLink About25-192 Resolution No. 25-192 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH ACCESS ONE, INC. FOR VOICE TELEPHONE SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin with Access One, Inc., for voice telephone services, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: November 19, 2025 Adopted: November 19, 2025 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Docusign Envelope ID:0988970A-31D6-48B5-9F42-C2B8E17A5586 PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 19th day of November 2025, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as"City")and Access One, Inc.,an Illinois corporation(hereinafter referred to as "Seller"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the Parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase and Seller shall sell and install the goods and/or services to the City as described in the two (2) page proposal, dated October 22, 2025, attached hereto and made a part hereof as Attachment A. 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, which is attached hereto and made a part hereof. In the event of any conflict between any of the terms and provisions this Agreement and Attachment A, the terms and provisions of this Agreement shall supersede and control. 3. LAW/VENUE. This Agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be the Circuit Court of Kane County, Illinois. Seller hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this Agreement or the subject matter hereof; and Seller agrees that service by first class U.S. mail to Access One, Inc., c/o registered agent Illinois Corporation Service Company, 801 Adlai Stevenson Drive,Springfield, IL 62703 shall constitute effective service. The Parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this Agreement,except in a writing instrument executed by both Parties with the same formalities as the original Agreement. 5. MERGER. This Agreement embodies the whole Agreement of the Parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or Agreements, either verbal, written or implied between the Parties hereto. 6. INTEREST. Seller hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. Docusign Envelope ID:0988970A-31D6-4885-9F42-C2B8E17A5586 7. SEVERABILITY. The terms of this Agreement shall be severable. In the event any of the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason,the remainder of this Agreement shall remain in full force and effect. 8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, Seller shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage,workplace safety, nondiscrimination and legal status of employees. 9. COUNTERPARTS AND EXECUTION. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same Agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine,email,or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 10. PAYMENT. City shall pay the sum of Two Thousand Seven Hundred Fifty One Dollars and Seventy Cents($2,751.70)each month for a term of eighteen(18)months within thirty (30) days of delivery and installation or City's receipt of invoice each month, whichever is later. The total sum to be paid during the term of this Agreement is Forty Nine Thousand Five Hundred Thirty Dollars and Sixty Cents($49,530.60). The total sum payable by City during this term shall be reduced by a credit of Two Thousand Dollars($2,000) in consideration for the execution of this Agreement by both parties in the month of November 2025. Such credit may be reflected either in multiple reduced monthly payments or in a single monthly payment,as invoiced by Seller. The aforementioned total sum is inclusive of all freight and shipping costs. The City of Elgin is a tax- exempt governmental entity. 1 1. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this Agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 12. TRANSFER OF TITLE/RISK. Transfer of title,and risk of loss shall pass to the City upon delivery and installation of the goods. 13. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and shall indemnify, and hold harmless the City, its officers,employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Seller or Seller's officers, employees, agents or subcontractors in the performance of this Agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its 2 Docusign Envelope ID:0988970A-31D6-48B5-9F42-C2B8E17A5586 officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify and hold harmless, such action shall be defended by legal counsel of the City's choosing. 14. WARRANTY. All applicable warranties, including but not limited to any and all applicable manufacturer's warranties, warranties of merchantability, and warranties of fitness for a particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories,components, and services to the benefit of the City. 15. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the Parties hereto. 16. WAIVER. Neither party hereto shall be responsible for any consequential, indirect,punitive or incidental damages for any reason whatsoever.Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute,and shall not be construed as, a waiver of any such rights. 17. LIMITATION OF ACTIONS. The Parties hereto agree that any action by the Seller arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. 18. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 19. NONDISCRIMINATION. The Seller will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status,sexual orientation,or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. The Seller will take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. The Seller will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants,prospective job applicants,and subcontractors. The persons signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf. [SIGNATURE PAGE FOLLOWS] 3 Docusign Envelope ID:0988970A-31D6-48B5-9F42-C2B8E17A5586 IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above written. Access One, Inc. CIT ELGIN JOEL MILLER Print Name chard . Kozal, City M DoeuSigned by: �,�(� r Attest: S 1gnLP-ft,928E 1E505036443. General Counsel Title ity Clerk Legal DeptAgreement\Access One Purchase Agr-Phone Serv-1 0-31-25 docx 4 r A ATTACH M ENT A Request For Service ACCESS)NE www. oneinc.com Date: 10/22/2025 Company Name: City of Elgin Quote ID: 20251022-00025046 Customer Contact: Sales Rep: Nichole Maschhoff Customer Email: Sales Email: nmaschhoff@accessoneinc.com Customer Phone: Sales Phone: 312-441-9922 Service Address Term Speed Product CITY Unit Rate MRC NRC 151 DOUGLAS AVE 18 MTH 5 Additional Voice Lines 46 $10.00 $460.00 $0.00 ELGIN,IL,60120 ELGNILEL Standard DID-Block of 10 86 $5.00 $430 00 $0 00 Internet Access 1 $400.00 $400.00 $0.00 Plus Voice 1 $300.00 $300.00 $0 00 IL Additional/Foreign Listing 15 $12.00 $180.00 $0.00 CPE-Router 1 $45.00 $45.00 $0.00 National Access Fee(NAF) 1 $24.95 $24.95 $0.00 Network Maintenance Fee(NMF) 1 $24.95 $24.95 $0.00 End User Common Line(EUCL) 1 $24.95 $24.95 $0.00 E911 1 $1.00 $1.00 $0.00 Local Minutes Included:50,000 Promo:Caller ID with Name and Number Included Promo:1,000 Outbound Long Distance Minutes Included Local Usage $0.015/Minute Long Distance Usage Outbound Only $0.029/Minute 1900 HOLMES RD 18 MTH 5 Internet Access 1 $400.00 $400.00 $0.00 ELGIN,IL,60123 ELGNILEL Plus Voice 1 5300.00 $300.00 $0.00 CPE-Router 1 $45.00 $45.00 $0.00 Standard DID-Block of 10 8 $5.00 $40.00 $0.00 End User Common Line(EUCL) 1 $24.95 $24.95 $0.00 National Access Fee(NAF) 1 $24.95 $24.95 $0.00 Network Maintenance Fee(NMF) 1 $24.95 $24.95 $0.00 E911 1 $1.00 $1.00 $0.00 Local Minutes Included:50,000 Promo:Caller ID with Name and Number Included Promo:1,000 Outbound Long Distance Minutes Included Local Usage $0.015/Minute Long Distance Usage Outbound Only $0.029/Minute Total $2,751.70 $0.00 International Call Blocking? Yes 1,: Notes -This RFS is an attachment to the Customer Service Agreement(CSA),and this RFS is subject to the terms and conditions set forth in the CSA. -The estimated charge for Demarc extensions within 300 feet is$300.Certain job site variables may result in additional charges.Further details on Demarc extension charges can be found at the Access One Service Guide at http://www.accessoneinc.com/content/service-guide -Equipment pricing listed(sales or rental)does not include any applicable taxes or shipping charges -UCaaS equipment(sales or rental)subject to shipping charges.Standard shipping charges per location:1 item-$15.99 per item;2-4 items-$8.99 per item; 5+items-$4.99 per item -Actual bandwidth may vary from bandwidth ordered. -Pricing is subject to applicable federal,state and local taxes,surcharges and fees. -All pricing and availability is subject to final confirmation at time of order. Acceptance by Customer Acceptance by Access One Signature Signature Printed Name Printed Name Title Title Date Date 2/2