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Home My WebLink AboutResolution #1174RESOLUTION NO. 1174 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND EXECUTONE, INC. AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. WHEREAS, the .City Council of the City of Canton has determined that it is necessary and in its best interest to enter into an agreement with Executone, Inc. as set forth in Exhibit "A" hereto attached. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, as follows: 1. That the agreement hereto attached and herein incorporated by reference as Exhibit "A" is hereby approved by the Canton City Council. 2. This agreement commits the City of Canton to acquire this phone system through a lease/purchase agreement for a total price of $15,398.35, with payments being $398.05 per month. 3. That the Mayor and the City Clerk are hereby authorized and directed to execute and deliver said agreement on behalf of the City of Canton. 4. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval LEASE ORIGINAL '~ -LESSOR STATE & MUNICIPAL LESSEE ACCOUNT NUMBER CO, •RANCN OUfTOMetR LOO. Let Aft LEASE AGREEMENT NAME NAME Lity of Canton Dept. of Community Develo anent Executone of Peoria, Inc. E ADDRESS E ADDRESS s 210 E. Chestnut N 3101 N. E. Adams Street S CTY C NTV STATE ZIP CODE E Canton Fu~~on D CITY COUNTY STATE ZIP CODE Illinois 61520 E R Peoria Peoria Illinois 61603 PERSON TO CONTACT AREA CODE /PHONE NO. SALESPERSON AREA CODE /PHONE NO. Nikki Davis 309/682-3731 ITEM EQUIPMENT AS DESCRIBED BELOW OR IN ATTACHED SCHEDULE A TOTAL AMOUNT EQUIPMENT LOCATION IF OTHER THAN ABOVE ADDRESS OF LESSEE EQUIPMENT COST $ 13 , 0 9 6.9 0 L RED R CORP7 IF YES, GIVE ACCT. NO. YES NO LABOR $ 2 , 3 01.4 5 CUSTOMER P.O. /VOUCHER NO. UPGRADE OR OTHER $ HAVE UNOSaEE APPROPRUTED FOR TN/S NYMasa[R YXAwf IN FUNCTION OF AGENCY F~sc~t.:ERSOOi NEXT X ^YflNatfs Municipal Building SALES OR USE TAX a VES NO Fire & Police ILESSTRADE-INl TAX EXEMPT DEFERRED INTEREST TERMINATIONCFWRGE l IF ANY J a NUMBER (AERPARAGRAPH 81 ~ $ ~ TOTAL COST S 15 , 3 9 8.3 5 PLAN NO.OFADV. PAYMENTS TERM OF CONTRACT RENTAL PAYMENT WILL BE MADE RENTAL PAYMENT AMOUNT E MO. •I~M O. OTR• fRMI. ANN. No, -AYMr[NTf AMOUNT OP -AYMtNT -LUS swL~s/use TAX TOTAL ~AYMaiNT One 48 X 48 x398.05 $ $398.05 - EQUIPMENT DESCRIPTION QUANTITY MODEL # SERIAL # DESCRIPTION TERMS AND CONDITIONS OF LEASE Lessee hereby requests that Lessor lease to Lessee the equipment described above or in Schedule A (the "Equipment") on the terms and conditions of this lease as set forth above and on the reverse side. This offer to lease shall not be valid end enforceable until li) written acceptance shall have been signed at Lessor's home office by an authorized employee of Lessor and iii) notice of ecceptsnca as required bV Paragraph 6 of this lasts shall have bean received by ConTel Credit Corporation (the "Assignee"1 at its headquarters at 223 Perimeter Center Parkway, Atlanta, Georgia 30346. All Rents, and other amounts due and to become due, Termination Chargsc end the Leace Deposit shall be payable to Assignee, ConTel Credit Corporation, at 223 Perimeter Center Parkway, Atlanta, Georgia 30346, unless Lessor directs other- wise. Lecssa agrees to all the terms end conditions of chic lease as set forth above and on the popes that follow. Equipment will be located at the above address and will not be moved without Lessor's prior written permission. Lauoe represents and warrants that it is duly authorized to enter into this lease and has done all things required to make this lease a valid, legal, and binding obligation of Lessee. NON-CANCELLABLE LEASE. This lease cannot be cancelled or terminated except as expressly provided herein. 2. SELECTION OF EQUIPMENT. Lessee has requested Equipment of the type, quantity and quality specified in this lease or in Schedule A and has selected the vendor named above. Lessor agrees to order Equipment from supplier, but shall not be liable for specific performance of this lease or for damages if for any reason the supplier delays or fails to fill the order. Lessee shall accept Equipment if and when delivered in good condition, and hereby authorizes Lessor to add to this lease the serial numbers of each item of Equipment so delivered. Any delay of such delivery shalt not affect the validity of this lease. 3. WARRANTIES. ASSIGNEE MAKES NO REPRESENTATIONS OR WARRANTIES ANO ASSUMES NO OBLIGATION WITH RESPECT TO THE MERCHANTABILITY, CONDITION, QUALITY, OR FITNESS OF EQUIPMENT OR THE ENFORCEMENT OF THE MANUFACTURER'S WARRANTIES, GUARANTIES AND SERVICE. NO DEFECTOR UNFITNESS OF EQUIPMENT SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR TO PERFORM ANY OTHER OBLIGATION UNDER THIS LEASE. Lessor hereby assigns to Lessee, for and during the term of this lease all manufacturer's warranties and guaranties, expressed or implied, issued end applicable to Equipment, and Lessor authorizes Lessee to obtain the customary services furnished bV the authorized service agency fn connection with such warranties and guaranties at Lessee's expense. - NOTICE TO LESSEE: DO NOT SIGN THIS CONTRACT BEFORE YOU HAVE READ IT. VOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT VOU SIGN. VOU HAVE THE RIGHT TO PAV OFF IN ADVANCE THE FULL AMOUNT DUE TO OBTAIN A PARTIAL REFUND OF THE CHARGE FOR INTEREST. ACCEPTED: AGREED TO: CO uni Dev. . LESSOR City ~ Cantan, I~ino~$ LESSEE BY: (Signature) (Commitment Date) BY: Ma3rAr (Signature) 8/19/86 (Title) (Commitment Oate) ASSIGNMENT For wluWle consideration, the receipt of which is Mreby acknowledged, Lessor assigns, without recourse to ConTel Credit Corporation, 223 Perimeter Canter Psrkway, Atlsnta, Georgia 30346 IAssigneel, tM attached Isacs, all rpht, title, and interact in, and under the same end in and to Equipment therein described, with authority to take, either in its Own name or in the rlanx of Lessor, cwt faits own Mnefit, all such poeeadings, legal or squibbla, of Lauor might have taken but for this sscignment. Lesatx Mraby wamnb that tM law represents a valid deferred payment obligation, fa tM amount therein cst forth, of ^ bona fide Lasme, ae described in tM leas, hiving legal eapecitY to enNr intotM kew; that tM leap is gelluirle in aN respects; that alt statamanb of face within the knowledge of LaMOr contained in tM law era true; and that Lessor het no krtowlsdge of any feats which impair the wlidlq of tM IMM. BY: (Lessor) (Signature and Title) (Date) THIS LEASE IS SUBJECT TO THE TERMS AND CON- DITIONS PRINTED ON THE REVERSE SIDE WHICH ARE MADE A PART HEREOF AND WHICH LESSEE ACKNOWLEDGES HAVING READ. ~ ~ j MALL ^UflN tff G11A rNICf, INC. '71 ATLANTA, Ot01161A 10111 ,~ SCHEDULE A LISTING OF EQUIPMENT FORM ~ 06-70-910-9 QUANTITY MODEL ~ SERIAL ik DESCRIPTION 1 2513502 Key Service Unit 1 2513603 Tone Generator Card 1 2514404 Central Processor Card + 7 2513706 (4) Port + Station Cards 1 2512507 Direct Station Selection Console 2 2512513 12 Button + Telephones 24 2512501 6 Button Desk Telephones 3 2512606 Wall MountingKits 1 AT-800 Datashield Standby Power 1 ITT-501 Power Supply 1 A-lA Lead Controller 1 Line Selector-Ring Down 1 ITT 255447 Single Line Wall Phone 9 2512606 Wall Mounting Kits 2513702 Trunk (4) Cards Lessee hereby certifies that the description of the personal property set forth above constitutes an accurate account of the "Equipment" as defined in the Lease Agreement. City of Canton Dept. of Community LESSEE a lopment BY: ~~r-Jft TITLE: M3yOr ' ACCOUNT # ORIGINAL - ..F N wLL ^uflNtff awwrN ws, INC. ~ ATLANTA, o~owa~w sosaa i~'~ SCHEDULE A J LISTING OF EQUIPMENT FORM # 06-70-910-9 QUANTITY MODEL # SERIAL # DESCRIPTION 2513501 Key Service Unit 1 2513702 Trunk (4) Card 1 2513703 Trunk (2) Card 4 2513701 Station (4) Card 15 2512501 6 Button Desk Telephones 1 2513603 Tone Generator Card 1 2514401 Central Processor Card 1 AT800 Datashield Standby Power Lessee hereby certifies that the description of the personal property set forth above constitutes an accurate account of the "Equipment" as defined in the Lease Agreement. City of Canton Dept. of Community Development! LESSEE ', BV: ~~ Mayor TITLE: ACCOUNT # ORIGINAL ~' i -id .: _.at '.:~s''r..~~, _~ . ~ +,r.~+'h~11~'S. 1<. * . .(~ `r» ~.4'. :E;~• .r `~''^3"'~""~'r"S. Vii... . ' ~'Y~ti' ~7~`•,a~!:e~",.~~.. . ~~. .." d t ~,~.. i~r'f~' ~'r ~ ~~; ~~~ by ~~ ~.:*~u~ ~ ti ~ C!S BAs-i~Q-9~~ 310 ~.+ i ~, f fa ~.~ ~~~ ~~~ mr tV Y ANt~ ~1GC PtANC~ R C~1P~' ~* * K ~ - 1 y ` Kt .. J .: 4~ 3 r+~ M'`. C k •l ~. ,k `c t ,t r ~ M1 '~ 71. 2~ may. ~tl ~ ~ T r~ Y } I ~3~.. - ~ - I. 1..['t* ~.. In .-1. 'Yi ~ ~ t "1'S p ~.^nA' ,~} ~.~{ ~~~;, {- car ~. •wr ~, T.. ~ 4 ,y n. ,~,, ~ 1~+. -_ '• eft as been received ~~ yooil `order arx! "working condition. The undersigned ~,; ..~pc® is the same in,, apc~rdar~ce _ w~tb ~H the 3t~rlns ,and -conditions of the w ~ ~ • ,. ~,'' M }:~t ¢..R:iq, ~''-. yet .,~..~~~•,. ~. ~~~~' ~~~ ,,~ ~ ~,- r .~ ~n ~ , l[ f {~ ,-~°s'^5' ~3~7~,p.'.: r 'y r'' ~,Y r ~` ~. ray" Y R ~ ~~pS , T4 ~ ~~f~ ~ 'Mtn 4 ~~ ~ tt; z S~ ~-~ .y ~ -~ •~ '~ .~~' ~ Y ~ . ~~ City o£ Canton Dept. of Community Development ESSEE BY: Title• Mayor Date 8/19 19 86 ~r ~, '~'t:. - ~«. R• p. K fi ~> } K i F` n ~ ~ - t - .. . ~'.> a equipment has h e.... r~ ) `,~ 8 ~gdp : ~ ,y. tL t ~, ~, , dy ''}~} ' i Ki x 4 ~ t ~ ~ ~ ~. ~ r v Y~ '4~~- ,+~ t ~~~~ ~Fl4 P.~ Cti 3A ~ 'S- ~ 2 ~ ^ ~},, ~~A~-~~CY~p Vr ~.V V{~~ ~ ..myl. ~ ~:~~J~ F ~~~~~}p/{ ~4~Y '~ i /~ - ~R ~ t ~~ 1 i~r~ 2 ~, ~1?'~~ - ~' ~`~'•jv'~q' '.. i~ ~ ~;~ ~~ 1~ S 4-~,~ ~; ~~` /~~ y~~ ')t 'k."~~ ry:'~C ~~~n"' +y ~~'~~ ~utti " i ~~ ?C'~ ~h {~~ ~ wlV oayv~~. ~~~,Kk ~`... a ,~ }Y M' received, in .good order and working condition. The undersigned ~:, ;, ~~ -`a ~. '~,~. ~ ~ `s.- ; City of Canton Dept. of Community Development ESSEE BY: ~~ Title:_~(A~~r Date .8(19 ~g 8h to 73,+"C~'.5~.,+Y ~~;, •+~,y ~Y i::^4. . ,.:' x,. ice. ~',~ .< -. V y ~", _-~~~~ Vii.' -~"d.. a r~ !"~ CSS ~ ~b '~~~~'~ ~ "v ~'~,F ~ ~' ~',°D,r. k',~ `F` ~ ~ ~"hi ~ '~~rt s ~~' ,z.,.. t f ~,q~ 4 ~ t _ _ '~ et- ~ ~ 'A~ r~ _ .. , VERY ~-ND -ACCEPTANCE ~ CEIPT 'ro~s~*~s a, .,'ri CERTIFICATE STATE C~' ]7rLIN0IS , ) SS. CC~JIJI~ OF FULTON. ) I, Nancy Whites, City Clerk of the City of Canton, in the County of Fulton and State of Illinois, cb hereby certify that as the City Clerk of the City of Canton, I am the keeper of records, minutes, ordinances and other books, records and papers of said City, and that the foregoing is a true and correct co*ay of RESOLUTION N0. 1174 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND EXECUTONE, INC. AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. adopted by the City Co~cil of said City and approved by the Mayor thereof on the 19th day of August 19 86 WITNESS riay hand and the Corporate Seal of the City of Canton, Illinois this 2 Qth day °f A ri~u ~~ t 19 .5.~-. t ity e . (SEAL)