HomeMy WebLinkAbout06-12 Unsigned Resolution No. 06-12
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
THE COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION
AUTHORITY(METRA) FOR VIDEO SURVEILLANCE
AT THE NATIONAL STREET METRA STATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and
directed to execute an agreement on behalf of the City of Elgin with Commuter Rail Division of the
Regional Transportation Authority for video surveillance at the National Street Metra Depot,a copy
of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: January 25, 2006
Adopted: January 25, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
1.
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OF ES
¢ § City of Elgin
January 29, 2009
RE: Resolution No. 06-12
Agreement with METRA for video surveillance at the National Street METRA Station
To Whom It May Concern:
The document listed above was sent out for signatures to another entity and an executed copy
was never returned to the City Clerk's office for record retention. Attached is the un-executed
copy that was sent out for signature. Thank you.
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WiisonJones„ WHITE-ORIGINAL CANARY-DUPUCATE
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SECURITY Fax 47081 456.0200
Contract No.
Work Address: 85 National Street, Elgin Illinois, 60120
SECURITY ALARM SYSTEM AGREEMENT
CERTIFIED SECURITY SYSTEMS, INC., an Illinois Corporation(hereinafter referred
to as Company or CSS), and
City of Elgin, Illinois, a municipal coporation, 150 Dexter Court, Elgin, IL. 60120 as
Indemnitor and Guarantor of the terms and conditions of this agreement, and all
hereinafter referred to as "Subscriber", hereby agree as follows:
1. The Company shall furnish the electrical protective service to the Subscriber, at the
Subscriber's premises, with the type of Protection service and equipment as set forth in
the attached addendum, marked Exhibit A, hereto attached and made a part of this
Agreement as though fully set forth herein, and Subscriber shall pay to Company the
costs and charges set forth below. This Agreement is further subject to the terms and
conditions set forth below and on reverse side hereof.
PAYMENT. The total cost of this installation and the services provided shall be
$9586.00 payable as follows:
(i) 4793.00 . $upon the. signing of this Agreement; Plus Permit fee if
Applicable
(n) 4793.00 . $ upon the completion of the installation of the system;
(iii) $0 per month paid quarterly in advance for system monitoring and/or other
services during the term of this Agreement, subject to paragraph 2 of the Terms and
Conditions set forth herein; and
(iv) $10 per month as Late payment charge for each month quarterly payments not
made when due.
2. LIMITATIONS OF LIABILITY. IT IS AGREED, IN CONSIDERATION OF THE
PREMISES, THAT CSS DOES NOT REPRESENT OR WARRANT THAT THE
SYSTEM MAY NOT BE CIRCUMVENTED OR COMPROMISED, OR THAT THE
SYSTEM WILL IN ALL CASESPROVIDE THE PROTECFION FOR WHICH THE
SYSTEM IS DESIGNED TO DETECT OR AVERT. IT IS AGREED THAT CSS IS
NOT AN INSURER. FURTHER, FOR ITS OWN PROTECTION, INSURANCE, IF
ANY WILL BE OBTAINED BY THE SUBSCRIBER AND THE PAYMENTS
HEREIN BEFORE SPECIFIED ARE BASED SOLELY UPON THEVALUE OFTHE
SERVICES HEREIN DESCRIBED AND ARE UNRELATED TO THE VALUE OF
THE.SUBSCRIBER'S PROPERTY OR PROPERTY OF OTHERS LOCATED IN
SUBSCRIBER'S PREMISES. The system being installed is a Closed Circuit Video
System which will allow for local recording and remote monitoring(if required internet
connection is available). Since said system is passive and requires end user intervention
Certified Security cannot in anyway be liable or assume responsibility for its use, misuse
or lack thereof. Certified Security is not an insurer and it is our intent to install a system
that will reduce the risk of loss not eliminate it. BECAUSE OF THE NATURE OF THE
SERVICES TO BE PERFORMED, IT IS IMPRACTICAL AND EXTREMELY
DIFFICULT TO FIX THE ACTUAL DAMAGES, IF ANY WHICH MAY APPROXI
MATELY RESULT FROM THE FAILURE ON THE PART OF CSS TO PERFORM
ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT, OR FROM THE
FAILURE OF THE SYSTEM TO OPERATE PROPERLY. THEREFORE, IF
NOTWITHSTANDING THE ABOVE PROVISIONS, THERE SHALL SOMEHOW AT
ANY TIME BE, OR ARISE, ANY LIABILITY ON THE PART OF CSS BY VIRTUE
OF THIS AGREEMENT WHETHER DUE TO THE NEGLIGENCE OF CSS OR
OTHERWISE, IT IS FURTHER AGREED THAT SUCH LIABILITY SHALL BE
LIMITED TO THE LESSER OFAN AMOUNT EQUAL TO ONE-HALF OF ANY
SERVICE CHARGE PROVIDED HEREIN OR THE SUM OF TWO HUNDRED
FIFTY DOLLARS ($9,586.00). THIS SUM SHALL BE PAID AND RECEIVED AS
LIQUIDATED DAMAGES AND NOT AS A PENALTY AND SUCH PAYMENT
SHALL BE COMPLETE AND EXCLUSIVE. SUBSCRIBER DOES HEREBY,
FURTHER, FOR HIMSELF AND ANY FURTHER PARTIES CLAIMING UNDER
HIM, RELEASE AND DISCHARGE CSS FROM AND AGAINST ALL LIABIL ITY
FOR HAZARDS COVERED BY SUBSCRIBER'S INSURANCE; IT BEING
EXPRESSLY FURTHER AGREED AND UNDERSTOOD THAT NO INSURANCE
COMPANY OR INSURER WILL HAVE ANY RIGHT OF SUBROGATION
AGAINST CSS.
3. Certified Security will warrantee equipment for one (1) year against manufacturing
defects per the manufacturers' guidelines and workmanship of Certified Security
Employees and/or sub-contractor for a period of ninety(90) days. There are NO implied
warranties. Due to the nature of the installation the Subscriber Shall hold harmless CSS,
its employees and agents, from and against any claims, suits, losses, demands and
expenses arising from any death of or injury to any person or any loss or damage to
property occasioned or alleged to be occasioned by CSS's installation or failure to
perform its obligations under this installation agreement whether due to CSS's negligence
or otherwise, or through burglary, theft, robbery, fire or any other cause.
4. DEFAULT. In the event Subscriber defaults in the performance of any of the terms or
conditions of this Agreement including the failure to make any payment as agreed herein,
the balance of the monies due for the unexpired term of this Agreement shall immediately
become due and payable. In addition, Subscriber agrees to pay to CSS all sums to which
CSS may be entitled under the law by virtue of said default, including but not limited to
reasonable attorney's fees CSS shall all times have title to the equipment being provided
hereunder and removal of the system by CSS as authorized by Subscriber pursuant to
Paragraph 6(a), below, shall. not be considered to constitute a waiver of CSS's rights to
such damages to which it may be entitled. Furthermore, if there are any other alarm
service contracts in effect between CSS and Subscriber, then CSS at its option may deem
Subscriber's default under any one such contact to be a default under all the contracts and
CSS shall be entitled to terminate any or all o. such other contracts; upon such
termination all monies due under such contracts shall immediately become due and
payable. All remedies herein shall be cumulative.
5. RESIDENTIAL SUBSCRIBERS ONLY. You, the consumer, may cancel his
transaction at any time prior to midnight of the third business day after the date of this
transaction. See the attached notice of cancellation form for an explanation of this right
TERMS AND CONDITIONS
1. INSPECTION AND MAINTENCE. The Company shall, WITHOUT LIABILITY,
AND NOT AS AN INSURER OFANY KIND, maintain said electric protective
equipment in good-working order during the term of this agreement, subject to the
conditions set forth in this Agreement. Subscriber shall not permit, in connection
therewith, the attachment or use of any apparatus or equipment, which is not furnished by
the Company. The Company's obligation to maintain the electric protective system
relates solely to the equipment specified herein, and the Company is in no way obligated
to maintain service, repair,replace, operate or assure the operation of any other system,
either belonging to the Subscriber, or, to which the Company's system is attached.
2. COSTS AND CHARGES. Subscriber shall pay the Company the costs as set forth on
the reverse side of installation and connection of the equipment, and shall pay a deposit
equal to 50% of the total cost of installation at the time of signing this Agreement.
3. TAXES. Subscriber shall pay and be, liable for any excise, sale or other taxes which
may be levied or imposed upon Subscriber or Company by reason of this Agreement and
the equipment and services furnished there under.
4. CHANGES IN EQUIPMENT. If any insurance underwriters, or any inspection
bureaus or agencies having jurisdiction over the equipment, or Subscriber by his or its
own act, shall require or make necessary any changes in the equipment as originally
installed, the cost of making such changes shall be paid for by the Subscriber', in
accordance with the prevailing standard charges of the Company, and these costs shall be
in addition to all other charges referred to herein. Any increase in charges made to the
Company by the Telephone Company for line charges and connections for equipment
installed at subscriber's premises shall be borne by the Subscriber.
5. CONDITION OF PREMISES-INSTALLATION,MAINTENANCE AND
REMOVAL. Company is hereby authorized to make any preparations such as drilling
holes, driving nails, making attachments. or doing any other thing or things necessary or
pertinent to the installation and maintenance of the electrical protection apparatus
Company shall not be responsible for any condition created thereby during the
installation,maintenance or removal of the equipment; Further, Company shall not be
responsible for the condition of premises upon the removal of the apparatus. Subscriber
warrants that it has full authority from the owner and/or any person in control of the
premises to permit the installation and removal of the apparatus under all conditions
herein above mentioned.
6. DAMAGE. Should any part or all of the system be damaged by acts of God, fires,
storms, riots, strikes or any other cause beyond the control of the Company, Subscriber
shall pay the costs of any repairs or replacements, in accordance with the Company's
prevailing standard charges.
7. DELAYS. The Company a no liability for any loss or damage incurred by Subscriber
for delay in installation or interruption in services, or for stoppage of maintenance due tot
strikes,riots, floods, fires acts of God, or any other cause beyond the control of the
Company, including interruption in telephone services. The Company will not be
•
required to supply service to the Subscriber under the terms of this Agreement while,
interruption of or delay in installation of service due to any such cause shall continue,
however, Subscriber shall not be relieved of any payments due Company.
8. ASSIGNMENT. Company shall have the right to assign this agreement to any other
person, firm or corporation without notice to the Subscriber, and shall have the further
right to subcontract any services which it may perform. This Agreement is not. assignable
by the Subscriber except upon the written consent of company first being obtained. The
Subscriber may not assign any rights inuring under this contract Q1 un4erthe relationship
created hereby either voluntarily or by operation of law without having first obtained the
written consent of the Company.
9. PAYMENT OF CHARGES. The time of payment of all charges due under this
agreement or its avails shall be the essence of this contract. If the subscriber becomes
more than 30 days delinquent in the payment of any charges due, then upon 10 days
written notice to the Subscriber at the address that appears herein, the Company shall
have the right to terminate all service under this agreement and to remove all of its
equipment situated on the Subscriber's premises. The election of rights under this
paragraph shall not be deemed a waiver of any and all other rights or causes of action
which the Company may have against the Subscriber.
10. ACCEPTANCE. This Agreement shall not be effective until accepted in writing by
the Company
11. CONFLICT. It is understood and agreed by and between the parties hereto that if
there are any conflicts between this contact and the Subscriber's purchase order, or any
other document, this Agreement shall govern and control, whether such purchase order or
Other document is prior or subsequent to this Agreement.
12. SERVICE FEE. Subscriber agrees to pay a$20.00 service fee for any checks returned
to the Company.
13. The terms of this agreement shall be severable. In the event any of the terms or
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.
14. This agreement shall not be construed so as to create a joint venture,partnership,
employment or other agency relationship between the parties hereto.
15. This agreement shall be 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 in the Circuit Court of Kane County, Illinois.
IN WITNESS WHE ' OF, the Parties hereto have dully executed this Agreement as of
this ,5'zday of 8 , 2000.
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