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Home My WebLink About26-115 Resolution No. 26-115 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH CIVICPLUS, LLC FOR THE RENEWAL OF SOFTWARE SUBSCRIPTIONS FOR THE CITY WEBSITE, AGENDA MANAGEMENT, MUNICIPAL CODE, AND FREEDOM OF INFORMATION ACT(FOIA) MANAGEMENT SYSTEMS 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 an Purchase Agreement on behalf of the City of Elgin with CivicPlus, LLC, for the renewal of software subscriptions for the City website, agenda management, municipal code, and Freedom of Information Act (FOIA) management systems, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: July 22, 2026 Adopted: July 22, 2026 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 22 day of July 2026, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and CivicPlus, LLC, a Kansas limited liability company authorized to do business in the State of Illinois(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 quote, Quote No. Q-114268, dated May 1, 2026,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 of this Agreement and Attachment A,the terms and provisions of this Agreement shall supersede and control. 3. TERM. The term of this Agreement shall commence as of May 1, 2026 (the "Effective Date")and,unless otherwise terminated in accordance with the terms and provisions of this Agreement or renewed by further written agreement by the parties, shall terminate on April 30,2027. 4. 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 CivicPlus,LLC,c/o registered agent Illinois Corporation Service Company, 801 Adlai Stevenson Drive, Springfield, IL 62703-4261, shall constitute effective service. The Parties hereto waive any rights to a jury. 5. 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. 6. 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. 7. 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 1 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. 8. 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. 9. 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. 10. 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. 11. PAYMENT. City shall pay the total sum of Seventy-Nine Thousand Seven Hundred Twenty-Five Dollars and Eighty-Eight Cents ($79,725.88) within thirty (30) days of delivery and installation or City's receipt of invoice,whichever is later. The aforementioned total sum is inclusive of all freight and shipping costs. The City of Elgin is a tax-exempt governmental entity. 12. TERMINATION. Notwithstanding any other provision hereof, the City may terminate this Agreement at any time upon thirty(30)days prior written notice to the Seller. In the event this Agreement is so terminated, the Seller shall be paid for expenses actually incurred by the Seller prior to termination, except that such reimbursement shall not in any event exceed the total amount set forth in paragraph 11. Additionally, in the event the Agreement is so terminated, the Seller shall immediately cease the expenditure of any funds previously paid to the Seller by the City,and shall refund to the City any unearned funds for any remaining term of the Agreement. 13. LIMITATION OF DAMAGES. In no event shall either Party be liable for any monetary damages in excess of the purchase price contemplated by this Agreement. In no event shall either Party be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 14. TRANSFER OF TITLE/RISK. Intentionally omitted. 15. 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 2 from and against any and all third party 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. 16. WARRANTY. Intentionally omitted.. 17. 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. 18. 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. 19. 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. 20. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. Notwithstanding the foregoing, Seller shall not be liable for any delays in the performance of the services due to the action or inaction of the City. 21. 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 IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above written. CIVICPLUS, LLC CITY OF ELGIN Amy Vikander Print Name Richard G. Kozal,City Manager A'" Attest: Signatt�ird Senior Vice President of Customer Success Title (Mer 4e)4/1 l: 4 ATTACHMENT A Quote No. Q-114268, prepared by CivicPlus, LLC, dated May 1, 2026, consisting of six (6) pages, to be inserted. cp CivicPlus Statement of Work 302 South 4th St.Suite 500 Quote#: Q-114268-1 Manhattan,KS 66502 Date: 12/19/2025 10:25 AM US Expires On: 2/17/2026 Client: Bill To: City of Elgin, IL ELGIN CITY, ILLINOIS SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD Maggie Brown maggie.brown@civicplus.com Net 30 96080 QTY PRODUCT NAME DESCRIPTION 1.00 Online Code Hosting Premium Premium Bundle: Custom Banner, CodeBank, CodeBank Compare + Bundle eNotify, OrdBank and MuniPro 1.00 OrdBank Subscription OrdBank Subscription 96880 QTY PRODUCT NAME DESCRIPTION 1.00 Standard Department Header Standard Department Header Annual Fee: Cultural Art & Special Events Annual Fee- Municipal Websites 103048 QTY PRODUCT NAME DESCRIPTION 1.00 Municode Codification Updating Municode Codification Updating State Law References Renewal State Law References Renewal 109679 QTY PRODUCT NAME DESCRIPTION 3.00 NextRequest Additional Users— NextRequest Additional Users—5 5 Page 1 of 4 QTY PRODUCT NAME DESCRIPTION 1.00 NextRequest UB Standard Plan NextRequest Standard Plan; Unlimited Staff Users, Up to 10 Admin- Publisher Users, Up to 2TB Storage. Core Features. Review & Redaction Features. Payments. IT& Compliance Features. 105579 QTY PRODUCT NAME DESCRIPTION 1.00 PageCorrect Renewal PageCorrect 1.00 Web &Accessibility Compliance Acquia Web Governance Web&Web Accessibility Compliance 2,500 2,500 Renewal 114526 QTY PRODUCT NAME DESCRIPTION 1.00 AMM Select: Pro Annual Fee AMM Select: Pro Annual Fee 1.00 CivicPlus Media: Annual Fee CivicPlus Media Annual Fee: Unlimited storage. unlimited users, up to 3 concurrent streams 1.00 AMM Select: Live Meeting AMM Select: Live Meeting Manager Annual Fee Manager Annual Fee 118172 QTY PRODUCT NAME DESCRIPTION 1.00 SSL Management CivicPlus SSL Certificate Annual Fee Provided 1.00 Annual Fee Renewal (Hosting & Website Annual Fee for Hosting and Support Support) 1.00 48 Month Redesign Ultimate 48 Month Redesign Ultimate Annual -CivicEngage Central Annual -CivicEngage Central 3.00 Standard Department Header Standard Department Header Annual Fee: The Hemmens. Police, Parks & Annual Fee- Municipal Websites Recreation 1.00 SSL Management CivicPlus SSL Management- CP Provided Only 1 per domain (Annually Renews) Provided 1.00 Website: Platform IdP Integration Custom IdP Integration Annual Fee Annual Fee Renewal 1.00 AudioEye Managed AudioEye Managed: https://elginil.gov/ Page 2 of 4 Total Investment- Initial Term USD 79,725.88 Annual Recurring Services (Subject to Uplift) USD 79,725.88 Initial Term 5/1/2026-4/30/2027, Renewal Term 5/1 each calendar year Initial Term Invoice Schedule 100% Invoiced upon Signature Date Renewal Procedure Automatic 1 year renewal term, unless 60 days notice provided prior to renewal date Annual Uplift 5% to be applied in year 2 This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement and the applicable Solution and Services terms and conditions located at https://www.civicplus.help/hc/en-us/p/legal- stuff(collectively, the "Binding Terms"). By signing this SOW, Client expressly agrees to the terms and conditions of the Binding Terms throughout the term of this SOW. Please note that this document is a SOW and not an invoice. Upon signing and submitting this SOW. Client will receive the applicable invoice according to the terms of the invoicing schedule outlined herein. Client may issue purchase orders for its internal, administrative use only, and not to impose any contractual terms. Any terms contained in any such purchase orders issued by the Client are considered null and will not alter the Binding Terms, the Agreement or this SOW. Page 3 of 4 Acceptance of Quote#Q-114268-1 The undersigned acknowledges having read, understood, and agreed to be bound by the binding terms and conditions incorporated into this SOW. This SOW shall become effective as of the date of the last signature below("Effective Date"). For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/ Authorized Client Signature CivicPlus By(please sign): By(please sign): kaina Nava Printed Name: Printed Name: Karina Nava Amy Vikander Title: Title: Acting City Manager Senior Vice President of Customer Success Date: Date: 30/12/2025 7/14/2026 Organization Legal Name: City of Elgin Billing Contact: Aaron Cosentino Title: Chief Technology Officer Billing Phone Number: aaron.cosentino@elginil.gov Billing Email: 150 Dexter Court Billing Address: Elgin,IL 60120 150 Dexter Court, Elgin, IL 60120 Mailing Address: (If different from above) PO Number: (Info needed on Invoice(PO or Job#)if required) Page 4 of 4