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14-0808 Watch Systems LLC AGREEMENT WITH WATCH SYSTEMS, LLC THIS AGREEMENT is hereby made and entered into this day of A V v s r- , 2014. by and between the City of Elgin, Illinois, a municipal corporation (hereit i after referred to as "City") and Watch Systems. LLC, a Louisiana limited liability company (hereinafter referred to as "Watch Systems"). 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. The City shall pay to Watch Systems the total cumulative one-time sum of Five Hundred Dollars ($500.00) on or before August 31, 2014. 2. Watch Systems shall provide user training, help desk support. software maintenance, continuous software upgrades, as available. and software to provide an agency- personalized community webpage an e-mail alert functionality with additional functionality and services to be delivered in addition to any existing OffenderWatch® application currently used by the City. 3. Watch Systems shall provide any and all services and software as provided in Attachment A, attached hereto and made a part hereof. 4. 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. Watch Systems hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois, and further agrees that service of process by mail notice to the address provided for notices herein shall be sufficient to confer jurisdiction of the Circuit Court of Kane County, Illinois, over any disputes involving the parties hereto regarding the subject matter hereof. 5. 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. 6. All notices pursuant to this agreement shall be sent to the following addresses: WATCH SYSTEMS CITY OF ELGIN Alicia Irmseher Ana Lalley Senior Consultant, Watch Systems City of Elgin Police Department 516 East Rutland Street 151 Douglas Avenue Covington, Louisiana 70433 Elgin, Illinois 60120 7. 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. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e- mail 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 fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e- mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 8. This agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. 9. This agreement is the only agreement between the parties hereto regarding the subject matter hereof. "Where are no other agreements. either oral. written or implied between the parties hereto regarding the subject matter hereof. 10. This agreement may be terminated by either party hereto for any or no reason without penalty. 11. City shall not be liable to Watch Systems for monetary damages for any reason. 12. This agreement is not intended to. and shall not be construed so as to create any rights to any entity which is not a party to this agreement, and shall not be construed as creating any special duty on the part of the City. CITY OF ELGIN: WATCH 'YSTFMS. LLC f'\ l/iii i „," BY: frqfi• j17,1" BY.", .. __„ 1.(-..=7" „ ..---,.... _. - ...— . Cit, t •tanager Name/Print•: Al t l k ,Qt - AA f Atte Title: t, ..L� c •�s,, ',..-\ fl 671.4 City Clerk Za)(411-2S \-_,) I'.1 c.al Dept%AUCcmcnCAgrecmcnt match s}stems I.1.C''8-I.14 til,CN 1 t- ' ATTACHMENT A t OffenderWatch Community Web Page with Email Alerts: DELIVERABLES and INVESTMENT for the Elgin IL Police Department,City of Elgin Illinois Software included: Agency Personalized Community Web Page and Email Alerts with additional functionality and services to be delivered in addition to the existing OffenderWatch® application which the agency currently utilizes. Community Web Page and Email Alerts requires the presence of OffenderWatche.and a valid database of offenders. Services included: - includes user training, Help Desk support, software maintenance, continuous software upgrades as they are made available. Also includes Watch Systems Help Desk telephone and email support for offender addresses including repair where possible of unmappable addresses. Pc sonalized Agency Web-Page with [mails for Information Dissemination: The Elgin Illinois Police Department OffenderWatch® sex offender information will be made available to your citizens via a link you will place on your existing web site. Only the publishable information about the publishable offenders is published for citizen access. After clicking on the graphical link which accesses the OffenderWatchCfS sex offender web-site, the citizen may: • search for a specific offender by location or name or partial name • perform a geographic risk assessment, by entering an address(such as their home, school, day care) and display a list and a map of offenders within a user defined radius (.25 to 2miles)of the address • Further, the user can then request and sign up for an email notification that will be made in the event an offender registers an address within the user defined of their registered address - these registered addresses usually include their home, their work, their babysitters address, their school, their daycare,etc. The personalized, customizable email notification includes the Elgin Illinois Police Department banner and is from Jeffrey Swoboda himself. A sample web-site/email banner is shown • The citizen may also register to be notified by email if a SPECIFIC offender should move from his/her current address - this is known as offender-tracking • The user may view the customized slide presentation that is included on the web page prepared for your office,designed to explain to the community the facts about sex offenders, how to run searches, how to interpret the results, and how to sign up for an email notification - a sample community web page is htto://www.cgmmunityngtification.com/cap main.php?office=55129 • OffenderWatch®emails are sent via industry specialized commercial servers enabling high volume delivery of messages minimizing problems from spam filters . Emails will carry the agency banner from the OffenderWatch®application - example shown below: Air:* • .i.,''-- . ?'1 ' le 4 %...._ '''` ``` .,;f POLICE .DEP,ARTMENT , „,,, , +4r j '.'Et0", . Agency may review on the Stats web page the numbers of email registrants for their agency for the week to date, year to date and last year to date,among other useful statistics Investment: Elgin Illinois Police Department is provided for a one-time fee of$500.00, in addition the cost-free OffenderWatch® investment which is provided by the IL Attorney General Office. Pursuant to collection of$100 annually from registered sex offenders, IL statute is provided at the bottom of this agreement. This includes unlimited emails sent to an unlimited number of registrants throughout the year. IMPLEMENTATION TIMELINE Approx 30 Days or less from start of agreement PAYMENT AND BILLING TERMS We will invoice you for the Community Web Page and Email Alerts Application and payment is due before going live to the puohc