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Request for Records Under the Illinois Freedom of Information Act
Date and Time Request Received: May 31
ALL REQUESTS FOR INFORMATION SHOULD BE DIRECTED TO A DISTRICTFOIA OFFICER:
Phone (630) [email protected]
Written Request for Records
Name of Individual Requesting Records Gus Calderone
Illinois Alarm SystemOrganization:
Address:
Phone:
_________________
Fax:
__________________
email:
Description of Records Requested:_See attached
Do you want to inspect the requested records? No
NoDo you want copies of the requested records?
Do you want an electronic copy of the requested records?
Requests for a Commercial Purpose
Is the request for a commercial purpose?
_________yes
_E[_no
The Illinois Freedom of Information Act defines “commercial purpose” as “the use of any part of apublic record or records, or information derived from public records, in any form for sale, resale, orsolicitation or advertisement for sales or services. For purposes of this definition, requests made bynews media and non-profit, scientific, or academic organizations shall not be considered to be madefor a “commercial purpose” when the principal purpose of the request is (i) to access and disseminate information concerning news and current or passing events, (ii) for articles of opinion or features of interest to the public, or (iii) for the purpose of academic, scientific, or public research oreducation. Section 3.1 states: “It is a violation of this Act for a person to knowingly obtain a publicrecord for a coi-nmercial purpose without disclosing that it is for a commercial purpose, if requestedto do so by the public body.”
STAFF INSTRUCTIONS:
I .If this request was received in another written form, attach the request to this completed form.
2.Indicate name of employee accepting request: Mary O’Rourke
3.Who completed this form? District employee FOIA submitter
4.Submit to FOIA Officer on date of receipt.
To be completed by District FOIA Officer
Date Form received by a FOIA Officer: May 31, 2016
Form received by: M. O’Rourke
Deadline for response: June 29, 2016
Hinsdale Township High School District 86Freedom of Information Officer
O’Rourke,Mary
From: Gus Calderone <[email protected]>
Sent: Saturday, May 28, 2016 5:24 PM
To: FOIA OfficerSubject: FOIA Request
Hello FOIA Request Officer,
This is a F.O.l.A. request for any and all contracted documents pertaining to installation, service/service plans, monitoring and or inspections for burglar alarms,
fire alarms, CCTV (Camera Systems) and or Card Access systems used in any or all of the Hinsdale Township High School District 86 buildings.
Thank You for choosing Illinois Alarm and have an outstanding day!
Sincerely,
ACCREDITEDBUSINESS
Gus CalderoneV.P. New Business Development, Illinois Alarm Sen’ice, Inc.
ill 6624U0 ‘c— 3hs24 1 Q tvwt ,illinotsalann corn gust illinoisalarm.com
7340 ‘A 15th Street Forest Park. II (Oil 3(1 5mw oCillinnis LicensedPrO ate Alarm Contractor Agenes 27—0001 Your Sectirit IsOur Business”
BSB Rating: A+
As of 08/17/15
Click for Review
ft IllinoisALARMF it a*7
BBB
1
June 28, 2016
Via Electronic
Gus Calderone
RE: RESPONSE TO COMMERCIAL FOIA REQUEST
Dear Mr. Calderone:
Thank you for writing to Hinsdale Township High School District 86 with your commercial request forinformation pursuant to the Illinois Freedom oflnforination Act (“FOIA”), 5 ILCS 140/1 et seq., receivedon May 31, 2016.
You requested the following:
Any and all contracted documents pertaining to installation, service/sen’ice plans,monitoring and or inspections for burglar alarms, fire alarms, CCTV(Cainera Systemsand/ or Card Access systems used in any or all of the HTHS86 buildings.
Your request is granted. Enclosed is documentation responsive to your request.
As the District’s FOIA Officer, I am responsible for the District’s response to your FOIA request. Thisletter and enclosures are intended to be fully responsive to your specific request. If I have misunderstoodyour request in any way, please clarify your request in writing to me.
Sincerely,
ta c5 ‘oaeFOLk Officer
Dr. Bruce Law Pamela Byisma Tammy Prentiss Domenico Maniscalco Bill EaganSuperintendent Assistant Superintendent Assistant Superintendent ChiefHuman ChiefFinancialofSchools for Academics for Student Services Resources Officer Officer
Administrative Center 5500 S. Grant Street I Hinsdale, IL 60521 Phone: (630) 655-6100 Fax: (630) 325-9153
JohnsonControls
PLANNED SERVICE RENEWAL
Pat HurleyHinsdale Central High School
____________
55th And GrantHinsdale IL 00521-0000
Hinsdale Central Fire Psa 2016-2017
Dear Pat:
Thank you for choosing Johnson Controls to provide the maintenance solution for your facility. Weappreciate your business and look forward to continuing as your building technology services partner.
Your current service agreement (1-242530451 79) will expire on 06/30/2016. We are pleased to offer aone year continuation of your current agreement for the annual sum of $11464.00, to be paid semiannual. The scope will remain the same and the term of this contract will be 07/01/2016 to 0613012017.Invoices will be sent to:
Hindsdale School District #86Admin Bldg55th & Grant StHinsdale IL 60521
To continue service without interruption, please sign below and return to me by 5/31/2016. If you requireus to reference a requisition or purchase order on our invoices, please provide a copy of that documentwhen you return this signed notice.
As a manufacturer of mechanical, controls, security and fire systems, we have the expertise andresources to provide proper maintenance and repair services for your facility With planned service you’regetting a solution that can help optimize your building’s performance, provide dependability, sustainabilityand energy efficiency. Your service is delivered with the attention of a local service company backed bythe resources of a global organization.
Sincerely,
in
____
JOHN 0 ONTROLS CHICAGOROCK RDILCB-ONO1
00 almo DrArlington Heights IL 60005-4727Jacqueline.Sertesenjci comPhone:
____________________
© 2016 Johnson ControlsCustomer ConhdentialDo not copy lphvsicaiiv, eiectronicnily, or in any other media) without the express written permission of Johnson Controls, Inc.
4/11/2016
iE:: t)amnunG, lflJCA$WtSI
IHI S VALUES1)1 i’IANI’tI U
IviAii’I JLNAH1
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Again, thank you for your business and we look forward to serving you in the coming year. Please do nothesitate to call if I can assist you in any way.
Customer Signature:
Customer Name:
Customer Title.
P0/Requisition #:
-
f’9(I tc-
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Johnson 11jSControls
PLANNED SERVICE RENEWAL
William EaganSd 86 Hinsdale7401 Clarendon Hills RdDarien IL 60561-0000
Re: Renewal of Planned Service Agreement Dated August27, 2015 for Fire Alarm testing & Inspection at HinsdaleSouth High School
Dear William:
SW.,, VTVU
Thank you for choosing Johnson Controls to provide the maintenance solution for your facility. Weappreciate your business and look forward to continuing as your building technology services partner.
Your current service agreement (1-28267736401) will expire on 06/30/2016. We are pleased to oiler aone year continuation of your current agreement for the annual sum of $6318 00, to be paid annually.The scope will remain the same and the term of this contract will be 07/01/2016 to 06/30/2017. Invoiceswill be sent to:
Hindsdale School District #86Admin Bldg55th & Grant StHinsdale IL 60521
To continue service without interruption, please sign below and return to me by 5/31/2016. If you requireus to reference a requisition or purchase order on our invoices, please provide a copy of that documentwhen you return this signed notice.
As a manufacturer of mechanical, controls, security and fire systems, we have the expertise andresources to provide proper maintenance and repair services for your facility. With planned service you’regetting a solution that can help optimize your building’s performance, provide dependability, sustainabilityand energy efficiency. Your service is delivered with the attention of a local service company backed bythe resources of a global organization.
Sincerely,Jo son Controls
________________________________
ROCKFORD IL CB - ONO13007 Matmo DrArlington Heights IL 60005-4727Jacqueline.Sertesen@jcLcomPhone:
______________________
© 2016 Johnson CantrolCustomer ConfidentialDo not copy (physically, ‘lr’ctronically, or lii any other mndia( without the express written permission of Jolinoir Contftil5, nrc
4/15/2016
tcHw’taoc,
fl-th 5 VALUESOf l’IANNEI)
MAIMTINANCF
Again, thank you for your business and we look forward to serving you in the coming year. Please do nothesitate to call if I can assist you in any way.
Customer Signature:
Customer Name.
Customer Title:
P0/Requisition #
C(
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Bundled Service Agreement
Johnson ‘JControls
Customer Name Ilinsdalc Township HS District 86Address 5500 S. Grant StreetCity Hinsdale State ILLocation Burbank, IL
Zip Proposal Date February 1,2015LocIDNo. 1079272
Scope of ServiceJohnson Controls, Inc. (JCI or Johnson Controls) and the Customer agree that the services checked below wilt be provided by JCI at the
Customer’s facility. The Terms and Conditions, Assurance Services, Equipment Listings, and Schedules included in this Agreement cover the
rights and obligations of both the Customer and .lCl,
Primary Q PRIME Reciprocating El Premium Primary El Premium Facility [] Premium
AirConditioning AirConditioning Heating Management
Equipment El Basic Equipment [J Basic Equipment El Basic Systems El Basic
Fire El Premium Associated El Premium Automatic Q Premium Security Premium
Detection & Air Conditioning Temperature Management
Management & Heating Controls El Basic Systems LI Basic
Systems Basic Equipment El Basic
Metasys El Premium
Facility Maintenance Training El Network
Operations El Management El Systems El BasicServices
Extended Service Options for Premium and PRIME CoveragesOn-site repair services will be provided during JCI’s normal business hours, unless one of the following options is checked:
El 24.5 Extended Service-iCt will provide response 24 hours a day, 5 days a week (Monday thru Friday, except JCI holidays).
El 24-7 Extended Service-JC1 will pmvide on-site response 24 hours a day. 7 days a week (including holidays).
TernilAutomatlc RenewalThis Agreement takes effect on February 1,2015. It will continue for an original term of I Year.lt will automatically renew on a year-to-year basis
alter the original term ends unless the Customer or JCL gives other written notice that it does not want to renew, The notice must be
delivered at least 30 days before the end of the original term or of any renewal year. Renewal price adjustments are discussed in the Terms
and Conditions.
Price and Payment TermsThe total price for JCIs service during the original term of this Agreement is $6,318.00This amount will be paid to JCI in I installment of$6,3l8.00. See supplemental price and payment terms for addition year pricing,
These payments ‘II be due d payable when the Customer receives JCI’s Invoice and in advance of the services JCI is to provide.
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Txbp1orw Number
JCI Branch NOlBranch Address 3007 Malmo Drive,
Branch PhoneW 847-364-1500Arlineton Heights, IL 60005
Customer P.O. #Renewal Date February 1,2016
Agreement No. 843-7710
viOl t405rahAdditional Terms and Conditions follow
GENERAL TERMS AND CONI)ITIONS
TERMSDEFINITIONS
(a) COVERED EQIJIPMENT means the equipment for which servicesare to be provided under this Agreement. Covered Fqrtipment is definedby the applicable Assurance Services pagea and Equipment listsattached to this Agreement.
(b) EQUIPALENT FAILURE means the sudden and accidental failure ofmoving parts or electric or electronic components that ore pars of theCovered Equipment end that arc necessary for its operation.
(c) SCHEDULED SERVICE VISITS include labor required irs perfomtinspecriona end preventive maintenance on Covered Equipment.
(d) SCHEDULED SERVICE MATERIAlS include materials requiredto perform Scheduled Service Visits on Covered Equipment.
(e) REPAIR LABOR includes labor necessary to restore CoveredEquipment to working condition following ant Equipment Failure andescledeo total equipment replacement due to obsolescence orunavailability of parts.
(1) REPAIR MATERIALS includes materials necmuaty to restoreCovered Equipment to working condition folowieg an EquipmentFailure end excludes tstal equipment replacement due to obsolescence orunavailability of parts. At JCI’s option, Repair Materiala tnay be new,used, or recosditioned. All Repair Materials one covered by the wenantyus described below.
SERVICE COVERAGE OPTIONS(a) BASIC COVERAGE includes Scheduled Service Visita, pluu
Scheduled Service Ivialerials if elsewhere noted in this Agreesttettt,for covered Equipment.
(b) PREMIUM LEVEL COVERAGE includes BASICCOVERAGE as well as Repair Labor, plus Repair Material ifelsewitere noted in this Agreement, for covered Equipment.
(c) PRIME LEVEL COVERAGE includes BASIC COVERAGE miswell as Repair Labor, pluu Repair Materials if elsewhere act forth in thisAgreement, for Covered Equipment consisting of centrifugal,nbnsrplion, or screw chillers, PRIME LEVEL COVERAGE alsoincludes Repair Labor, end Repair Materials if otherwise net forth inthin Agreement, for diagnosed imminent equiptrreut failure on well enactual Equipment Failure. PRIME LEVEL COVERAGE ittcludes tirefollowing aervicea and tequirenrents.— JCIwiII onslyze diagnostic tests including PreVse Vibtsrinrs Analysis,
apecirochemical oil analysis, and rnegohns tmsrdirmga. All etiagnontie testsnruut be performed as JO-prescribed frequencies arid to JCI.apecitiedtest standards. If elaewlrrae noted in thin Agreement, coverage willinclude Repair Labor nod Repair Material for heat enchanger tubes if armEddy Current Analysis, acceptable to JCI, has been performed in thethree years prior tn this Agreemeut and is provided to JCI, or sucit a testwill be perfomnneul as part of the Agreemeni
— Should JCI’a analysis suggest the existence or the possibility ofequipment deterioration outside anticipated or acceptable conditions,JCI may at its option take corrective ateps necessary lo prevent furtherdereriocntion or breakdown of the Covered Equiptsrenk JCI retains solejndgment over whether equipment conditions ate consideredacceptable, whether corrective steps should be taken, or whnt steps, ifany, need to be taken. Perfomsance of any corrective steps under thisPRIME coverage is not a gunnmsee that Equipment Failure ordnwnrtinse will not occur.
2) EXTENDED SERVICE includes extended service for repairs arid isavailable only if Customer has PREMIUM or PRIME coverage. The price forExtended Service, if cltosen by Customer, in pars of the total price Customerwillpay.
— Should a defect be found during an Extended Service visit that ICIis not responsible for under thia Agreement, Cuatomer agrees to payJCI’s xtatsdarri fee for any services rendered.
— Should Repair Labor or Repair Materialn be performed in periodsbeyond the Extended Service period, Customer agrees to pay JCI’sstandard lee for any services rendered beyond the Extended Serviceperiod.
CONDITIONSA. INITIAL EQUIPMENT INSPECTION FOR PREMIUM OR PRIME
COVERAGESJCI will inapect the Covered Equipmnerrs within 45 days of tire date of thisAgreement or as neasortnl or operational conditions pemenil JCI will adviseCustomrr if JCI finds any Cosered Equipment not in working order or in need of
repair. With the Centemer’s approval, JCI will perform the work necessary to petthe Covered Equipment in proper svorking condition. This work will be done atJCI’n startdnesl fee for parts and labor in effect at that time. If tIre Customer does notwant JCI to do the work identified by JCI, or if Cuotomer does not have the workdone, the equipment will be removed horn the liar of Covered Equipment and tireprice of this Agreement will then be ndjsnted.
B. WARRANTYJCI warrants that its services will be provided in a good and wotlcrnanuike mannerand that parts repaired or replaced by JCI will be free from defects in wnrkntassahip,design, turd marerial until the end of this Agreement or for one year, whichever isearlier. JCI’a sale obligation shall be to repair or to replece defective parts or toproperly redo defective uerviees. These warm-anrieu do not extend to any par-tathat have been miartsed, altered or repaired by Cuetomer er third partieswitirout the uupervinion of and prior wi-tIres spproval of JCI, or if JCI nerisinumbers or warranty decals have been removed or altered. JCI DISCLAIMSALL OTHER WARRANTIES ON THE EQUIPMENT FURNISHEDUNDER THIS AGREEMENT, INCLUDING ALL IMPLIEDWARRANTIFS OF MERCHANTABILITY AND FITNESS FOR APAR’flCIJLAR PURPOSE. Customer understands that JCI is a provider ofservices under this Agreement. JCI shall nor be comrsidered a merchant or avendor of goods, If JCI installs or furnishes a piece of equipment under tltisAgreemsrenl, and that eqsiprsreat is covered by a wurranty from themanufacturer, JCI will transfer the benefits of tlsat manufacturer’a warranly toCustomer if this Agreement with Cuatomer terminates before the equipmentmanefaerurer’n warranty expires.
C. CUSTOMER OBLIGATIONS AND COMMITMENTS TO JCII) The Customer ivnr-ratsts that, to the best of Customer’s knowledge, all Covered
Equipment is in good working conditiorm and thur the Customer has givers JCIraIl information of which Customer is aware ceeceming the condition of theCovered Equipment.
2) The Customer agrees that, during the term of this Agreement, the Customerwill:(o) operate the Covered Equipment according to the manufacturer’s
recommendations;(b) not tamper with, alter, adjust, add to, disturb, injure , remove or
other-wine interfere with installed Covered Equipment (including anynoftsvare), nor to permit the aamn In be done, end Cuntsmer shall bereaponuible for tite Covered Equipmesl during the term of thinAgreement.
(e) keep eccumme ansI current work logs and information on the CoveredEquipment as recotnmtrendrd by the manufacturer;
Cd) provide ass adequate envianrrsment for Covered Equipment asrecommended by tire manefacrurer or as recommended by JCI, includingadequnre apace, electrical power, sir conditioning, and humidity control;
(n) notify JCI immediately of any equipment malfunction, breakdown, orother condition affecting the operation of the Covered Equipment;
(1) allow JCI to start and slop, periodically euro off, or otherwise change ortemporarily suspend equipment operatiotru so that JO can perform theservices required under this Agreemertt;
(g) provide proper condenser and boiler water treatment, as necessary, for theproper functioning of Coveted Equipment, if auch services are not JCI’aresponsibility under thin Agreement.
(h) furnish nny necessary 110 volt ac. power amid electrical outlets.(i) provide that all alarm valves, tanks, pumps, compreuroru, inspector
test eoanections, or ollter eletrtentu of ntty sprinkler systens, rtow orImereirtafter installed, are or-will be conmmecred at Customer’s expenseso an to be acceptable to the insurance carrier, fire rating bureau oragency err other authorities having jurisdiction when equipped withJCIn signaling devices.
(j) obtain all licenses and permits and pay all tnxes, fines andanueusmenta, including sales taxes ausociated with the Services.
3) The Customer ecknowludgea that Ito failure to meet these obligations willrelieve JCI of any responsibility for any equipment breakdown, or anynecessary repair or replacemnont, of any nqutpmenm.
P. CHANGES TO CUSTOMER EQUIPMENTThe Customer retains the right to make cltnnges or alteratiose to itsEquipment. If, in ICI’s opinion, auch changes or alterations substantiallyaffect JCI’s services or obligations, JCI shall have the riglst to makeappropriute changes to the scope or to the price of this Agreement or to both.
IL ACCESSThe Customer will give JCI full uccean to all equipment that is either CoveredEquipment or anuoctated with it when JCI requests nucts access, If accesscnnnot be provided, JCI’s obligations under this Agreement will be suspendeduntil such access to the equipment is provided. Matters affecting JCIs access
to the equipment may include, but are not limited to, the removal,replacement repair, refinishtng, restoration, reconstruction, or other remedialactions taken by the Customer with respect to equipment or to the Customer’sfacility. Suspension of JCI’s duties for this reason will not cancel or suspendsny of the Customer’s sbligstioas under this Agreement. Customer agrees topay for arty necessary changes recommended to be made to the system by JCIprior to the commencenrest of Services for such system.
F. ADDiTIONAL INSPECTION, TEST ANIJ REPAIR.If thin Agreement includes any Test end Inspection of Covered Equipment,Customer hereby authorizes JCI to make inspections, tents and repairs asrequired to the Covered Equipment outlined in the Schedule of Equipment.JCI shall make repoits after notification from Customer as noon as isreasonably possible. It is understood and agrees! that JCI’u obligation to repairthe Covered Equipment relates solely to the Covered Equipment specified inthis Agreement and that JCI is not obligated to test, inspect or repair, orunsure tise operation of devices or systems of others to which JCI systems areattached.
G. COMMUNICATIONS MEDIA.The Customer understandn that the Covered Equipment transmits signals overstandard telephone lines and/or rise internet and that these modes oftransmission may be interrupted, circumvented or compromised, in whichcase no signal can be transmitted from Cuslomet’u premises to the monitoringfacility. Customer understands that to allow the monitoring facility to beaware of such a condition for transmission via telephone line additional oralternative protection can be installed, ascii as line security devices, atCustomer’s expense. By executing this Agreement, Customer acknowledgesit is aware that line security devices are available and has declined topurchase such devices, except if explicitly listed in the Schedule ofEquipment, Customer further acknowledges that such additional protcctiots innot available for internet trunsmisnion.
H, MONITORING SERVICES: ALARM DISPATCHESuWhen 3d in providing monitoring serviea to Customer an part of thisAgreement, JCI, upon receipt of an alarm or otlter signal from the Premises,shall make a reasonable effort to transmit the aignal to the appropriate police.fire department or other emergency response agency having jarisdietisn.unless there is renuon to believe that an emergency condition does not exist:orsd JCI shall make a reasonable effort to notify Customer or its designatedrepresentative by telepliotte, unless instructed to do otherwise by Customer inwriting. 3d, upon receipt of an industrial process signal from the Premises,shall take reasonable steps to notify the Cuslumer’s representative pursuant tothe Customer’s written instructions. Customer acknowledges that if thesignals transmitted from the Promises svill be monitored in a monitoringfacility not operated by JCI, that personnel in such monitoring facilities arenot rite agents of JCI nor does 3d aesume any responsibility for the mannerin which such signals are monitored, or the respsnse ts such signal.
I. EXCLUSIONJCI’s services under this Agreement do not inclsdeI) supplies, accessories, er any items normally cussumed during the use of
Covered Equipmesl, such as ribbons, bulbs, and pnper2) calls resulting front lack of operator-level preventive maintenance, nile-related
problems, or operator error3) service caUs due to fsiluteu resulting from acts of God, abuse or misuse of
equipmeat, or alterations, modifications, or repairs to equipment not performedor provided by .TCI;
4) the furnishing of msterisln and supplies for painting or relnishingequipment;
5) electrical work to the Costumer’s facility necessary because of equipment;6) service calls resulting from attachments ntade to Covered Equipment or
other eqaipment set covered by thix Agreement;7) the repair or replacumeat of ductwork, casings, cabinets, structural supports,
tower lilllslaislbasiu, hydrorsic and pneumatic piping, and vessels, gaskets,and piping not normally replaced or maintained on a scheduled bnsie, andremoval of oil from pneumatic piping;
B) service calls reaultiag from thu effects of erosion, corrosion, acid cleaning,or damage (‘torn uaenpected or especially severe fIuealng weather that isbeyond what in prevented byJCl’a normal maintenance;
9) work cussed by any operation of, udjnstments to, err repair to, CovetedEquipment by stheru net authorized in edvance by JCI;
10) work caused by the negligence of others, including but not limited toequipment operators end watertreatment companies;
II) service calls due to failures caused by improper environmental conditionsuffectisg equipmeat or electrical power fluctuations, if due 10 conditionsbeyond JCI’s control, and service calls reqnhed because JCI had previonslybeen denied access to tire equiprttenl; end
12) disposal of hazardous wastea. Hazardous wastes remain thu property and theresponsibility of the Cuutsmer even when removed from equipment orreplaced by ICI as provided by din tenon of this Agreement, The Customershall be reuponnibin for the proper storage and disposal of hazardous wastes,
Thit inclades, but is not limited to, used oil, contarrrinuleel oruncontaminated refiigersnl, and PCBs.
J’ JUl’s EQUIPMENT3d may provide tools, documentation, panels, or other control equipment in riteCustomer’s buildiag for JCI’s convenience in performing JCI’s services. Thateqoipment shall remain ICI’s property. 3d retains the right to remova ouch itnntsat any time during thu terni, or upsn the terrninnlion of, this Agreement.
K. TNCREASE IN TAXES OR UTILITY CHARGESAll prices/charges net forth herein are based upon existing taxes and sIllilycharges and Customer shall pay any additional or increased taxes or utilitycharges imposed by a utility or government egercy relutistg to the Services.JCI reserves the right to have the telephone conrpasy bill Customer directlyfor any telephone charges necessary to provide the Services.
L. INDEMNITYJCI and tire Customer agree that 3d nhatl be respossibla only for such injury,loss, or damage caused by the intmntienal misconduct or the negligent act ororrriosion of 3d!. JCI and the Customer agree to inderrutif’ and to hold eachother, including their orncera, agents, directors, and employeeo, hsrmlese front allclaims, drnsartds, or suits of any kind, including alt legal costs and attorney’sfees, resulting from the intetrtiosai eniscoitduct of their employees or anyeeglgont set or omission by their employees or agents. Tire obligations of 1Cland of the Customer under this paragraph are farther subject to paragraphs .1 andK below,
M. LIMITATION OF LIABILITYI) Neither JCl nor the Cuslomer wilt be responsible to the other for anyapecial, indirect, or consequential damages. Neither party will be responsible tothe ether for damage, loss, injury, or daisy caused by conditions that are beyondthe reasonable control, and without thu intentional misconduct or negligence, ofthat panty. Suelt conditions include, but are net limited to; (a) acts of God; (b)sets of Govemmettt agencies: (c) strikes; (d) labor dispores; (u) fire; (I)explosions or other casualties; (g) thefts; (It) vandalism; (i) riots or war; (.j)terrorism; (k) unavailability of parts, msreriolu or nupplien; or any other rsanebeyond the control of JCI.2) 1! this Agreemetrt covers fire safety or secsrity equipment, tire Customerunderstands tirat JCI is not an insurer regarding litose services. JCl nhall not beresponsible for arty damage or loss that may resell from lire safety or securityeqoipmenl that failo to perform properly or fails to prevent a casualty or loss.3) JCI is not responsible for any injury, loss, or damage erased by equipmentthat snot Coveted Equipment.
N. ASBESTOS AND HAZARDOUS MATERIALSJCI’s work and services under this Agreement exclude anything connected orassociated with mbestou or Itazassloun materials. JCI ahall not be required toperform arty identifications, abatement, cleanup, control, or removal of asbestos orhazardous materials. ‘nrc Customer represents that, to the best of tIre Cuulomrr’nknowledge, there is no asbestos or hazsnlosts material in din Customer’s buildingthat will in any way affect JCI’s work. Should JO become aware of or sospect thepresence of asbestos or haajsloes materials, JCI shall have tire right to atop workin the affected area in-tmeuliutely and notify she Customer, The Customer will beresponsible for doing whatever in necessary to correct the condition in accordancewith all applicable atatules and regulstiona. The Customer agrees to assumeresponsibility for any claims arising out of or relating to the presence of asbestos orhazardous materials in the Customer’s brtilding.
0, JCI’s EMPLOYEESThe Customer acknowledges that iCt’s employees are a valuable asset to JCI. TheCustomer agrees topsy JCI sat asatnuns equal to 12 mouths of aalary far each JCIemployee who worked at thu Customer’s facility that in then hired by theCustomer at anytime during the turns of this Agreement and far 60 days thereafter.In addition, the Customer agrees to reimburse JCI for all costs associated with anytraining 3d provided to such employees during the three years before the date theCustomer hires such employees.
P. ASSESSMENTIt is the Customer’s responsibility to pay all taxes or other governmrtrt cisargesrelating 10 the transfer, use, ownership, uervicing, or ponaesnien of any equipmentmisting to thiu Agreement.
Q. RENEWAL PRICE ADJUSThIENTJO wilt provide Customer with notice of any adjustments in the Agreement priceapplicable to a rertewal period no later than forty-five (45) days prior to thucommencement of that renewal period. Unless the Customer terminates theAgreetront us provided in the Term/Automatic Renewal provision of thisAgreement, the aeljuoted price shall be the price for the renewal period.
K. RESOLUTION OF DISPUTESIf a dispute arises, the parties alsall pmrsmptly attempt in goad faith to resolvethe diapute by negotiation. All dispute5 not resolved by negotiation shall beresolved in accordance with the Commercial Rules of thu AmericanArbitration Association in effect at that time, except an modified herein. Altdisputes shall be decided by ssingle arbitrator. A decision shall be renderedby the arbitrator no later thart nine months alter thu demand for arbitration 10
filed, end the arbitrator shall state in writing tlte factual and legal basin for theaward. No discovery shall be permitted. The arbitrator thall
the par-flee. Jedgmxnt may be entered upon the award infiled, and the arbitratar shall state in writing the factual and legal basin for theaward. No discovery shall ha permitted. The arbitrator shall issue ascheduling order that shall not be modified except by the mutual agreement ofthe parties. Judgment nay be entered upon the award in the highest state offederal court having jurisdiction over the matter. The prevailing party shallrecover all costs, irscluding attorney’s fees. incurred as a result of the dispute.
S. MISCELLANEOUS PROVISIONSI) Any notice that is required to be given underthia Agreement must be in writing
and sent to the party at thu address noted on the rast page of this Agreement.2) Thin Agreement cannot be transferred or assigned by either party without thu
prior written consent of the other party.3) This Agreement is the entire Agreement between JCI and the Customer and
supersedes any prior oml understesndirrgs, written agreements, preposalu, orother communications between JCI and the Customer.
4) Any change or modification to this Agreement will not be effecliva unless marIain writing, This written insteureent must specifically indicate that ii in assamendment, change, or modlficntions to this Agreement.
5) The Customer acknowledges and agrees that soy purchase nader issued byCustomer, in nccordance with thin Agreement, is intended only to establishpayment authority for the Customer’s internal acconnting purposes. Nopurchase order shall be considered to be s counteroffer, amendment,modificatien, or other revision to the Icons of this Agreement. No term orcondition included in the Customer’s purchase order wilt have wry force oreffect.
Should soy changes to relevant regulations, lawn, or codes aubstaartialty affect JCt’nServices or obligations, thu Customer sgreea to negotiate with JCI for appropriateclaangeu to the scope or price of the Agreement or both..
Planned Service Agreement
Fire Alarm Testing and Inspection
Hinsdale Central High School
S Grant St, Hinsdale, IL 60521
To the Attention of William Eagan
2010 Johnson C ntrols I rc. Do not copy (physically. electron:cally, or in any othermedia) withoit the express written prrruissiu1 ofJ01111501iControls
12v*s.tNC OUR PAST
Inspired by our future.
August 19, 2015
Johnson Controls is pleased to submit a proposal for Premium on existing IFC fire alarmsystem. The following Scope of Work, Proposal Clarifications, and Terms & Conditions outlinethe proposed system additions and services.
Scope of Work
Johnson Controls proposes annual testing and inspection for every device listed in the scheduleof equipment to begin July 1st, 2015. In addition, water flow valve quarterly and smoke detectorcleaning is included.
ClarificationslExceptionsAll work to be done during normal business hours 8:OOAM-5:OOPM Monday —
Friday.
Schedule of Equipment
Beam Detectors 2 x x X x x xSmoke Detectors 581 x x x x x xHeat Detectors 95 x x x x x xBatteries 5 x x x x x xPull Stations 88 x x x x x xControl 22 x x x x x xWater Flow Valve 2 x x x x xMonitors 47 x x x x x XRelays 165 x x x x x x
201C Jnleroii Controls Inc Do not copy (physicilly e ctronictIy, oh n iny otherruedic) without In xvoss written pornii ssion of Johnson Controls Inc 2
Dear Bill,
Schedule ofEquipment I
Fire Alarm Panel I x x x x x x
Any labor or services completed outside the scope of this agreement are charged at ourcurrent billing rate.
Service Time When Applicable
Business Hours Monday-Friday 8 00 am to 5.00 pm
After Hours Monday-Friday 500 pm to 8 00 a rn/Saturday
Sunday/Holiday Sunday and all official Johnson Controls hohdays
Pricing and Payment TermsInvoice period: Semiannually
1 Year Agreement $11,240
Customer: Hin Central
________
Title: —
Signature: - Date:_______________
Kind Regards,
Kathryn BattleAssociate Sales EngineerJohnson ControlsIllinois Security & Fire Teamkathrvn.battle(jci.comCell 614-519-9297
2010 Johnson Controls, Inc Do nut copy (physinilly, electrunicsIy. or in ei-y ethermed a without The express written permission of Johnson Controls Inc 3
iIONOR NO OUt rInspired by out future.
Labor Rates
AMENDMENT TO PLANNED SERVICE AGREEMENT FOR FIRE ALARM TESTI1GAND INSPECTION HINSDALE CENTRAL HIGH SCHOOL
‘?tJiA -c-- zis
THIS AMENDMENT is entered into this fr’ day of eptemlur—+5 by andbetween the Board of Education of Hinsdale Township High School District No. 86(“Customer”) and Johnson Controls, Inc. (“JCI”) (collectively, the “Parties”) and amends thatcertain agreement between the parties for Fire Alarm Testing and Inspection at Hinsdale CentralHigh School.
WITTNESSETH
WHEREAS, the Board and JCI entered into a Planned Service Agreement for fire alarmtesting and inspection at Hinsdale Central High School; and
WHEREAS, the Planned Service Agreement incorporated certain General Terms andConditions therein (collectively, the “Agreement”); and
WHEREAS, the Parties desire to amend the Agreement on the terms and conditions setforth in this Amendment.
NOW, THEREFORE, good and valuable consideration, the receipt of which isacknowledged by the Parties, it is hereby agreed as follows:
1. Conifict of Terms and Capitalized Terms. The terms and conditions containedin this Amendment shall control over any other term and condition of the Agreement. Unlessspecifically defined in this Amendment, capitalized terms shall have the meaning as set forth inthe Agreement. Terms that are capitalized in the Agreement but have not specific definitioneither in the Agreement or in this Amendment shall have their plan and common understanding.
2. Premises. The term “Premises” shall mean Hinsdale Central High School.
3. Indemnification. Delete paragraph 3 of the General Terms and Conditions in itsentirety and insert in lieu thereof the following:
JCI agrees to indemnify and hold harmless the Customer, its individual Board members,employees and agents, from any loss, cost, fee or expense of any kind whatsoever,specifically including reasonable attorney’s fees and court costs, arising from, related toor connected with any negligent act or omission of JCI and any breach of the AgreementbyJCI.
4. Limitation of Liability. Delete paragraph 4 of the General Terms andConditions in its entirety and insert in lieu thereof the following:
NEITHER JCI NOR THE CUSTOMER SHALL BE RESPONSIBLE TO THE OTHERPARTY FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
5. Central Station Service. Delete paragraph 11 of the General Terms andConditions in its entirety.
6. Customer Obligations and Commitments to JCI. Delete paragraph 12 of theGeneral Terms and Conditions in its entirety.
7. Alarm Dispatches. Delete paragraph 13 of the General Terms and Conditions inits entirety.
8. Conununications Media. Delete paragraph 14 of the General Terms andConditions in its entirety.
9. Unnecessary Alarms and Service Calls. Delete paragraph 15 of the GeneralTerms and Conditions in its entirety.
10. Default, Suspension., Termination. Add the following to the end of paragraph19 of the General Terms and Conditions: “Notwithstanding anything in the Agreement to thecontrary, Customer shall not be in Default unless JCI provides written notice to Customerdetailing the alleged Default and Customer fails to cure such alleged Default within 30 days ofreceipt of said notice.”
11. Default, Suspension, Termination. Delete the 5th and 6th sentences of paragraph19 in their entirety and insert the following in lieu thereof:
The prevailing Party in a judicial action to enforce the terms of this Agreement shall beentitled to its costs and fees incurred in the enforcement of the terms of this Agreement.Customer shall have the right to terminate this Agreement for its convenience withoutliability or penalty by providing at least 10 days advanced written notice of suchtermination to JCI. Customer shall be entitled to a refund of any prepaid amounts underthis Agreement in the event of a termination for convenience, which shall be promptlypaid by JCI upon demand.
12. Cancellation of Central Monitoring System. Delete paragraph 20 of theGeneral Terms and Conditions in its entirety.
13. Changes. Delete paragraph 21 of the General Terms and Conditions in itsentirety.
14. Renewal Price Adjustment. Delete paragraph 21 of the General Terms andConditions in its entirety.
15. Notice and Jurisdiction. Delete paragraph 22 of the General Terms andConditions in its entirety and insert the following in lieu thereof:
Unless specifically permitted otherwise, all notices under this Agreement shall be inwriting and shall be sent by a nationally recognized overnight delivery service with proof
of delivery. Notice shall be deemed to have been given upon deposit with the deliveryservice. Any action to enforce the terms and conditions of the this Agreement shall bebrought on the DuPage County Circuit Court or the U.S. District Court, Northern District,Eastern Division. Illinois law shall govern all aspects of this Agreement and all mattersthereto.
16. Compliance with Laws and JCI Representations. JCI shall provide all of itsservices under the Agreement in accordance with all applicable laws, rules and regulations,specifically including the Illinois Prevailing Wage Act and the Illinois Human Rights Act. JCIrepresents and warrants that it is not bared from entering into this Agreement as a result of aconviction of any law, rule or regulation, specifically including, but not limited to, Sections 33E-3 (Bid Rigging) and 33E-4 (Bid Rotating) of the Illinois Criminal Code of 1961. JCI furtherrepresents and warrants that none of its employees or contractors providing any services at thePremises have been convicted of any crimes that would prevent them from being present onpublic school property.
17. Authority to Execute. Each signatory hereto represents and warrants it has theauthority to execute this Amendment.
18. Waiver. The failure of either Party to demand strict compliance with the termsand conditions of the Agreement on any one section does not preclude a Party from demandingstrict performance in the future.
IN WITNESS WHEREOF, the Parties have entered into this Amendment as of the dateset forth above.
CUSTOMER: JCI:
BOARD OF EDUCATION OF JOHNSON CONTROLS, INC.HINSDALE TOWNSHIP HIGHSCHOOL DISTRICT NO.86
By: __ By:Its:______ Its:
#317129
I
Planned Service Agreement
Fire Alarm Testing and Inspection
Hinsdale South High School
7401 Clarendon Hills Rd, Darien, IL 60561
To the Attention of William Eagan
© 2010 Joimson Cutiti ots tic Do not copy (phyicolIy electronicolly, or in ny oilIer1 wittinot tim oxprc’ii; written permission of Johnson Controls Inc.
12r’i4ns‘OR INC OUR PAST
Inspired by our future
August 27, 2015
Johnson Controls is pleased to submit a proposal for Basic Coverage on existing lEG firealarm system. The following Scope of Work, Proposal Clarifications, and Terms & Conditionsoutline the proposed system additions and services.
Scope of Work
Johnson Controls proposes annual testing and inspection for every device listed in the scheduleof equipment to begin July l, 2015 and ending June 30th, 2016.
ClarificationslExceptions• All work to be done during normal business hours 8:OOAM-5:OOPM Monday —
Friday.
Schedule of Equipment
Schedule of EquipmentFire Alarm Panel
I1
Batteries, 7AH 18 x x xNAC/AUX Power Supply 8 x x xAnnunciator 5 x x xSLC Controller 5 x x xMonitoring module 17 x x XControl module 47 X X XPull Stations-Intelligent 87 x x XHeat Detector-Intelligent 67 x x xDuct Detector-Intelligent 40 x x xSmoke Detector-Intelligent 436 x x xTamper Switch 2 x x xWater Flow Switch 2 x x xHorn 124 x x x
Strobe 95 x x x
2010 Johnson Controls Inc Do not copy (physically, electronically, or iii any ollisimedia) wilhoi it Ihir nspresr wr ttci pcrrnissiorr ci Johi’snn Controls, Inc 2
x x x
Any labor or services completed outside the scope of this agreement are charged at ourcurrent billing rate.
Service Time When Appfl cable
Business Hours Monday-FridayS 00 a m to 5 OOp m
AlterHours Monday-Friday 500 pm to 800 a mlSaturday
SundaylHoliday Sunday and all official Johnson Controls holidays
Pricing and Payment TermsInvoice period: Semiannually
1 Year Agreement $6,318
Custom
Name:
Title:
_______________________________
Signature: 11 Date: 2- -tz.._1’ç
Kind Regards,
Kathryn BattleAssociate Sales EngineerJohnson ControlsIllinois Security & Fire Teamkathrvn.battIe(jci.comCell 614-519-9297
‘0 2010 Johnson Controls, Inc. Do not r;apy (phy:caty electronically, or in any othermedia) without tI enpres; written permission of Johnson Controls, Inc. 3
Labor Rates
AMENDMENT TO PLANNED SERVICE AGREEMENT FOR FIRE ALARM TESTINGAND INSPECTION HINSDALE SOUEH HIGH SCHOOL
THIS AMENDMENT is entered into this day of ptembe 2015 by andbetween the Board of Education of Hinsdale Township High School District No. 86(“Customer”) and Johnson Controls, Inc. (“JCI”) (collectively, the “Parties”) and amends thatcertain agreement between the parties for Fire Alarm Testing and Inspection at Hinsdale SouthHigh School.
WITTNESSETH
WHEREAS, the Board and 3d entered into a Planned Service Agreement for fire alarmtesting and inspection at Hinsdale South High School; and
WHEREAS, the Planned Service Agreement incorporated certain General Terms andConditions therein (collectively, the “Agreement”); and
WHEREAS, the Parties desire to amend the Agreement on the terms and conditions setforth in this Amendment.
NOW, THEREFORE, good and valuable consideration, the receipt of which isacknowledged by the Parties, it is hereby agreed as follows:
1. Conflict of Terms and Capitalized Terms. The terms and conditions containedin this Amendment shall control over any other term and condition of the Agreement. Unlessspecifically defined in this Amendment, capitalized terms shall have the meaning as set forth inthe Agreement. Terms that are capitalized in the Agreement but have not specific definitioneither in the Agreement or in this Amendment shall have their plan and common understanding.
2. Premises. The term “Premises” shall mean Hinsdale South High School.
3. Indemnification. Delete paragraph 3 of the General Terms and Conditions in itsentirety and insert in lieu thereof the following:
JCI agrees to indemnify and hold harmless the Customer, its individual Board members,employees and agents, from any loss, cost, fee or expense of any kind whatsoever.specifically including reasonable attorney’s fees and court costs, arising from, related toor connected with any negligent act or omission of JCI and any breach of the AgreementbyJCI.
4. Limitation of Liability. Delete paragraph 4 of the General Terms andConditions in its entirety and insert in lieu thereof the following:
NEITHER JCI NOR THE CUSTOMER SHALL BE RESPONSIBLE TO THE OTHERPARTY FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
5. Central Station Service. Delete paragraph 11 of the General Terms andConditions in its entirety.
6. Customer Obligations and Commitments to JCI. Delete paragraph 12 of theGeneral Terms and Conditions in its entirety.
7. Alarm Dispatches. Delete paragraph 13 of the General Terms and Conditions inits entirety.
8. Communications Media. Delete paragraph 14 of the General Terms andConditions in its entirety.
9. Unnecessary Alarms and Service Calls. Delete paragraph 15 of the GeneralTerms and Conditions in its entirety.
10. Default, Suspension, Termination. Add the following to the end of paragraph19 of the General Terms and Conditions: “Notwithstanding anything in the Agreement to thecontrary, Customer shall not be in Default unless JCI provides written notice to Customerdetailing the alleged Default and Customer fails to cure such alleged Default within 30 days ofreceipt of said notice.”
11. Default, Suspension, Termination. Delete the 5’ and 6th sentences of paragraph19 in their entirety and insert the following in lieu thereof:
The prevailing Party in a judicial action to enforce the terms of this Agreement shall beentitled to its costs and fees incurred in the enforcement of the terms of this Agreement.Customer shall have the right to terminate this Agreement for its convenience withoutliability or penalty by providing at least 10 days advanced written notice of suchtermination to JCI. Customer shall be entitled to a refund of any prepaid amounts underthis Agreement in the event of a termination for convenience, which shall be promptlypaid by IC! upon demand.
12. Cancellation of Central Monitoring System. Delete paragraph 20 of theGeneral Terms and Conditions in its entirety.
13. Changes. Delete paragraph 21 of the General Terms and Conditions in itsentirety.
14. Renewal Price Adjustment. Delete paragraph 21 of the General Terms andConditions in its entirety.
15. Notice and Jurisdiction. Delete paragraph 22 of the General Terms andConditions in its entirety and insert the following in lieu thereof:
Unless specifically permitted otherwise, all notices under this Agreement shall be inwriting and shall be sent by a nationally recognized overnight delivery service with proof
of delivery. Notice shall be deemed to have been given upon deposit with the deliveryservice. Any action to enforce the terms and conditions of the this Agreement shall bebrought on the DuPage County Circuit Court or the U.S. District Court, Northern District,Eastern Division. Illinois law shall govern all aspects of this Agreement and all mattersthereto.
16. Compliance with Laws and JCI Representations. JCI shall provide all of itsservices under the Agreement in accordance with all applicable laws, rules and regulations,specifically including the Illinois Prevailing Wage Act and the Illinois Human Rights Act. JCIrepresents and warrants that it is not bared from entering into this Agreement as a result of aconviction of any law, rule or regulation, specifically including, but not limited to, Sections 33E-3 (Bid Rigging) and 33E-4 (Bid Rotating) of the Illinois Criminal Code of 1961. JCI furtherrepresents and warrants that none of its employees or contractors providing any services at thePremises have been convicted of any crimes that would prevent them from being present onpublic school property.
17. Authority to Execute. Each signatory hereto represents and warrants it has theauthority to execute this Amendment.
18. Waiver. The failure of either Party to demand strict compliance with the termsand conditions of the Agreement on any one section does not preclude a Party from demandingstrict performance in the future.
IN WITNESS WHEREOF, the Parties have entered into this Amendment as of the dateset forth above.
CUSTOMER: JCI:
BOARD OF EDUCATION OF JOHNSON CONTROLS, INC.HINSDALE TOWNSHIP HIGHSCHOOL DISTRICT NO.86
By ________ By:.Its:_________________________________________ Its:
#317202
1111 Church Road A Aurora, Illinois 60505 Service
I Sales630844.6300 A Fax: 630 844.5386 I
I Billing InquiriesSecurity-Master, Inc. A Full Locksmith ServiceCenImi Station
Alarm License #127-000143 A Locksmith Ucense #192-000270 Locksmith Servicewww.adsalarm.com I Customer Service
Dole
06/07/15
Account No
32799
IflOoiue No,
32799-1071
Terms: Net 10 days
Envoice
Date Units Description Rate Amount Due
06/07/15 1 Quarterly Charges? Jul-Sep 27951 279.51
Your ADS eBill Security Code is:
Totnl this Invnicr 27fl 1
Please detach and return with remittance
r “ AccountNo
L 06/07/15 L 32799 32799-1071Amount Remitted
Please deduct invoice tota! from my bank account
Rocting# nAun#CheckingSavings -
Signsture
ALARMDETECTION
SYSTEMS, INC.We Protect Lives and Property
Hinsdale High School55th & Grant StreetAdm. Bldg.Hinsdale, IL 60521
630.844.6314630.844.6322630 844.6306630.844.6.302630.844.6330630.844.5398
]
1111 Church Road A Aurora 1111nois60505 I Service 630.844.6314ALARM Sales 630844.6322
I Billtng Inqutries 630.844.63061 DETECTION630.844.6300 A Fax.630.844.5386
SYSTEMS, INC. Alarm License #127-000143 A Locksmith license #192-000270 I Locksmith Service 630.844.6330
Security-Master, Inc. A Full Locksmith Service I Central Station 630 8446302
We Protect Lives and Property www.adsalarm.com I CustomerService 630.844.5398
Hinsdale Central High55th & Grant StreetAttn: MaddyHinsdale. IL 60521
Terms: Net 10 daysI AOoo,,ot No I Invoke No. I
06/07/15 10543 10543-1076 Invoice
Date Units Description Rate Amount Dun
06/07/15 1 QuarterlyCharges/ Jul-Sep 2,117.01 2,117.01
Your ADS eBill Security Code is:
Tritni this Invoicc 2 11701
Please detach and return with remittance
Date Account No Invoice No Please deduct Invoice total from my bank account - - —
06/07/15 10543
____
10543-1076 Routmg# BankAccount#
.
El CheckingI Amount Remitted
___________________________________________
SavingsSignature
L - -
ALARMDETECTION
SYSTEMS, NC
1111 Church Road - Aurora, Illinois 60505
630.844.6300 - Fax: 030.844.0386Security-Master, Inc. - Lccksmitha 630.844.6330Alarn, License # 127-000143 - Lacksn,ith License 192-000270
www.adsalarm.com
Hinsdale South High School7401 S. Clarendon Hills RoadDarien, IL 60561
Date
06/07115
Account No.
107193
Invoice No
107193-1057
Terms: Net 10 days
Invoice
Quantity Description Rate i Amount Due
I Quarterly Charges I Jul-Sep 1,374.96 1,374.96
Total this Invoice
Detach and return with remittance
Invoice No -
107193-1057Amount Remitted
1,374.96
ServiceSalesliing InquinesCentral StationLocksmith ServiceCustomer Service
630.844.6314630644.6322530.844.6306630.844.6302630.844.6330630.844.5398
Account No.
107193
Date
06/07115Hinsdale South High School7401 S. Clarendon Hills RoadDarien, IL 60561
Please deduct invoice total from my bank account
itoutifl9 #
Chocking
Savings
Naflic /k000liflt
