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Resolution 2018-27 Resolution No. 2018-_�O A RESOLUTION OF THE UNITED CITY OF YORKVILLE,ILLINOIS APPROVING A JANITORIAL PROFESSIONAL SERVICES AGREEMENT WITH ECO CLEAN MAINTENANCE,INC. WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City published a request for proposals for professional janitorial services for City buildings; and, WHEREAS, after a thorough review of said proposals received and a determination as to the qualifications of the bidders, it has been determined that Eco Clean Maintenance, Inc. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That the Janitorial Professional Services Agreement, between the City and Eco Clean Maintenance, Inc. attached hereto as Exhibit A and made a part hereof by reference, is hereby approved, and the Mayor and City Clerk be and are hereby authorized to execute said agreement on behalf of the United City of Yorkville. Section 2: This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall Coun llinois this 27th day of November, 2018. &&:-" City Clerk CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI ARDEN JOE PLOCHER Y, CHRIS FUNKHOUSER JOEL FRIEDERS SEAVER TARULIS JASON PETERSON 1Y Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 27th day of November, 2018. Mayor Resolution No.2018-0 Page 1 UNITED CITY OF YORKVILLE PROFESSIONAL SERVICES AGREEMENT FOR JANITORIAL SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (the "AGREEMENT") is made and entered into on this 16th day of December, 2018, by and between the United City of Yorkville (CITY) and Eco Clean Maintenance, Inc. (CONTRACTOR) for services set forth in Exhibit A ("Services"). WITNESSETH that in consideration of the covenants herein,these parties agree as follows: SECTION 1. BACKGROUND: The City is seeking a janitorial services company to perform high quality professional Janitorial Services for its municipal facilities beginning on January 1, 2019. These facilities are: City Hall (800 Game Farm Road), Police Department (804 Game Farm Road), Public Works Facility (610 Tower Lane), Parks and Recreation Office (301 W Hydraulic Street), Van Emmon Activity Center (102 E. Van Emmon Street) and the Parks and Recreation Maintenance Facility (185 Wolf Street). The nature of the service requested is ongoing high-quality cleaning and maintenance of these facilities after and during normal working hours to ensure that employees may work in a healthy environment, to maintain a positive and professional appearance of staff and public areas and to preserve the quality and conditions of the buildings. The City is governed by a Mayor and eight elected Alderman. The appointed City Administrator is responsible for day-to-day operations. Departments include Administration, Finance, Community Development, Building Safety and Zoning, Public Works, Engineer, Police, and Parks and Recreation. Budgeted expenditures are $ 33,261,032, including General Fund expenditures of $ 15,952,180. Budgeted revenues are $ 30,567,188. Yorkville has 78.99 full- time equivalent employees. SECTION 2. NOTICES. All notices, notices, requests, claims, demands and other official communications herein shall be in writing. Such notices shall be given (i) by delivery in person, (ii) by a nationally recognized commercial courier service; or (iii) by United States Postal Service, registered mail, postage prepaid and return receipt requested. Notices shall be effective upon actual delivery to the other Party at the following addresses: United City of Yorkville Attn: Bart Olson, City Administrator 800 Game Farm Rd Yorkville,IL 60560 (630) 553-4350 Eco Clean Maintenance, Inc. Attn: Dylan Meyers 515 W. Wrightwood Avenue Elmhurst, IL 60126 (877)463-2601 1Page SECTION 3. CONTRACT TERM. The term of this Agreement will begin on January 1, 2019 through December 31, 2019, with the option for a one (1) year renewal at the discretion of the City. Both parties agree to follow the termination procedure outlined in Section 10.1. SECTION 4. FEE SCHEDULE AND PAYMENTS. The City shall pay the CONTRACTOR for the services performed or furnished, based upon the CONTRACTORS'S fees outlined in Exhibit B. The CONTRACTOR may submit invoices for payment at the address set forth above, together with reasonable supporting documentation for services rendered, The CITY may require such additional supporting documentation as they reasonably deem necessary or desirable. Payments shall be due and owing by the CITY in accordance with the terms and provisions of the Local Government Prompt Payment Act, Illinois Compiled Statutes, Ch. 50, Sec. 505, et. seq.; SECTION 5. CONTRACTOR'S RESPONSIBILITY.• CONTRACTOR shall perform the Services outlined in Exhibit A in accordance with the degree of professional skill, quality and care ordinarily exercised by members of the same profession currently practicing in the same location under comparable circumstances and as expeditiously as is consistent with professional skill and the orderly progress of the Project.All CONTRACTOR'S personnel are certified and/or licensed to provide the services that they are assigned to. CONTRACTOR will endeavor in good faith, as needed, to obtain from the Director of Community Development or their designee their interpretation of applicable codes and standards and will apply its professional judgment in interpreting the codes and standards as they apply to the Project at the time of performance of the Services. Notwithstanding the above, the Parties agree that if such codes or standards change during the Contract Term, CONTRACTOR will be responsible for staying up to date with industry changes and current code. If additional costs are necessary to conform to such changes or interpretations during or after execution of the Services, CONTRACTOR will seek to amend this contract prior to completing additional work. SECTION 6. CONFIDENTIALITY. CONTRACTOR agrees that it and its employees assigned to the CITY will not disclose any information learned during the performance of this Agreement relating to the business of the CITY that is, in fact, confidential including, without limitation, all proprietary information and trade secrets of the CITY for any purpose, provided, however, CONTRACTOR and its employees may disclose such information under any of the following circumstances: (1) disclosure thereof in good faith by a Consultant in connection with the performance of Services or activities pursuant to any valid Work Order; (2) disclosure which Consultant is advised by counsel is required by a court or other governmental agency or competent jurisdiction, provided that Consultant first gives the CITY written notice and an opportunity to prevent such disclosure or otherwise seek protection of such information, or (3) disclosure by Consultant of any such information or data which is generally known within the industry or available from other persons who do not have a fiduciary duty or obligation of confidentiality to the CITY. Notwithstanding any other provision of this Agreement, the CITY acknowledges that 2 1 P a g e CONTRACTOR and its employees are active, experienced and knowledgeable about the industry in which the CITY operate, and it is impossible for CONTRACTOR and its employees to learn information relating to the business of the CITY, or acquire ideas, know-how or technical knowledge during the Term arising out of any customized applications developed by CONTRACTOR for the CITY's specific use ("Application Development"), and not have it affect their understanding of the industry in which the CITY, its competitors and customers operate, and that such understanding may affect what CONTRACTOR and its employees do in the future within the industry, and the CITY does not expect nor request that CONTRACTOR and its employees forget what they have learned from the CITY which may be confidential. CONTRACTOR and its employees' promises of nondisclosure of the information is limited to direct express disclosure, whether written or verbal, of information which is confidential, in fact, to third parties. The parties acknowledge that the CITY is a unit of local government and that this Agreement must be approved by the CITY Council in a public meeting. The parties also agree that this Agreement is subject to the Illinois Freedom of Information Act and will be produced in response to a lawful request. SECTION 7. INDEPENDENT CONTRACTORS There is no employee/employer relationship between the Contractor and the CITY. Contractor is an independent contractor and not the CITY's employee for all purposes, including, but not limited to, the application of the Fair Labors Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the Worker's Compensation Act (820 ILCS 305/1, et seq.). The CITY will not (i) provide any form of insurance coverage, including but not limited to health, worker's compensation, professional liability insurance, or other employee benefits, or (ii) deduct any taxes or related items from the monies paid to Contractor. The performance of the services described herein shall not be construed as creating any joint employment relationship between the Contractor and the CITY, and the CITY is not and will not be liable for any obligations incurred by the Contractor, including but not limited to unpaid minimum wages and/or overtime premiums, nor does there exist an agency relationship or partnership between the CITY and the Contractor. SECTION 8. APPROVAL AND USE OF SUBCONTRACTORS: The Contractor shall perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by the CITY in writing. All subcontractors and subcontracts used by the Contractor shall be included on the attached disclosure and be acceptable to and approved in advance by the CITY. The CITY's approval of any subcontractor or subcontract shall not relieve the Contractor of full responsibility and liability for the provision, performance, and completion of the Work in full compliance with, and as required by or pursuant to,this Contract. If the Contractor chooses to use subcontractors to perform any of the Work, the Work performed under any subcontract shall be subject to all of the provisions of this Contract in the same manner as if performed by employees of the Contractor. Every reference in this Contract to "Contractor" shall be deemed to also apply to all subcontractors of the Contractor. Every subcontract entered into by the Contractor to provide the Work or any part thereof shall include a provision binding the subcontractor to all provisions of this Contract. 31 Page If any personnel or subcontractor fail to perform the part of the Work undertaken by it in a manner satisfactory to the CITY, the Contractor shall immediately upon notice from the CITY remove and replace such personnel or subcontractor. The CITY shall have no claim for damages, for compensation in excess of the contract price, or for a delay or extension of the contract time as a result of any such removal or replacement. SECTION 9. EXEMPT SECTION 10. INSURANCE REOUIREMENTS: Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor,his agents, representatives, employees, or subcontractors. 10.1. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: A. Insurance Services Office Commercial General Liability Occurrence Form CG 0001 with the City named as additional insured; on a form at least as broad as the endorsement in paragraph 10 including ISO Additional Insured Endorsement CG 2026, CG 2010. B. Owners and Contractors Protective Liability (OCP) policy is required with the City as insured(for contracts with subcontractors and projects that are inherently dangerous). C. Insurance Service Office Business Auto Liability Coverage Form Number CA 0001, Symbol 01 "Any Auto." D. Workers' Compensation as required by the Worker's Compensation Act of the State of Illinois and Employers'Liability insurance. E. Builder Risk Property Coverage with City as loss payee. 10.2. MINIMUM LIMITS OF INSURANCE Contractor shall maintain limits no less than if required under above scope: A. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a project/contract specific aggregate of$1,000,000. B. Owners and Contractors Protective Liability (OCP): $1,000,000 combined single limit per occurrence for bodily injury and property damage. C. Businesses Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. D. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits and Employers'Liability limits of$1,000,000 per accident. E. Builder's Risk shall insure against "All Risk" of physical damage, including water damage (flood and hydrostatic pressure not excluded), on a completed value, replacement cost basis. (Protection against loss of materials during construction, renovation, or repair of a structure.) 11 Page F. Umbrella Excess Insurance: $3,000,000. "Following form" of the underlying and excess policies including listing the City as an additional insured. 10.3. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officials, agents, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses. 10.4. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain,the following provisions: A. General Liability and Automobile Liability Coverages 1. The City, its officials, agents, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of the Contractor's work, including activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials,agents, employees, and volunteers. 2. The Contractor's insurance coverage shall be primary as respects the City, its officials, agents, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officials, agents, employees, and volunteers shall be excess of Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, agents, employees,and volunteers. 4. The Contractor's insurance shall contain a Severability of Interests/Cross Liability clause or language stating that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Contractor shall be required to name the City, its officials, agents, employees, and volunteers as additional insureds. 6. All general liability coverages shall be provided on an occurrence policy form. Claims-made general liability policies will not be accepted. B. All Coverages Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage, or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 10.5. ACCEPTABILITY OF INSURERS 21 Page Insurance is to be placed with insurers with a Best's rating of no less than A-, VII, and licensed to do business in the State of Illinois. 10.6. VERIFICATION OF COVERAGE Contractor shall furnish the City with certificates of insurance naming the City, its officials, agents, employees, and volunteers as additional insureds, and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before any work commences. Other additional insured endorsements may be utilized, if they provide a scope of coverage at least as broad as the coverage stated in paragraph 10, such as ISO Additional Insured Endorsements CG 2026 or CG 2010. The City reserves the right to request full certified copies of the insurance policies and endorsements. 10.7. SUBCONTRACTORS Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 10.8. ASSUMPTION OF LIABILITY The contractor assumes liability for all injury to or death of any person or persons including employees of the contractor, any subcontractor, any supplier, or any other person and assumes liability for all damage to property sustained by any person or persons occasioned by or in any way arising out of any work performed pursuant to this agreement. 10.9. INDEMNITY/HOLD HARMLESS PROVISION To the fullest extent permitted by law, the Contractor hereby agrees to defend, indemnify, and hold harmless the City, its officials, agents, and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities,judgments, cost, and expenses, which may in anywise accrue against the City, its officials, agents, and employees, arising in whole or in part or in consequence of the performance of this work by the Contractor, its employees, or subcontractors, or which may anywise result therefore, except that arising out of the sole legal cause of the City, its agents, or employees, the Contractor shall, at its own expense, appear, defend, and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the City, its officials, agents, and employees, in any such action, the Contractor shall, at its own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance policies required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the City, its officials, agents, and employees as herein provided. 10.10. ADDITIONAL INSURED ENDORSEMENT The "WHO IS AN INSURED" section of the policy/coverage document shall be amended to include as an insured, the City, but only with respect to liability arising out of your work. 31 Page For purpose of this endorsement, "arising out of your work" shall mean: (1) Liability the Additional Insured may incur resulting from the actions of a contractor it hires, (2) Liability the Additional Insured may incur for negligence in the supervision of the Named Insured Contractors work, (3) Liability the Additional Insured may incur for failure to maintain safe worksite conditions, and (4) Liability the Additional Insured may incur due to joint negligence of the Named Insured Contractor and the Additional Insured. 10.11. FORCE MAJEURE Whenever a period of time is provided for in this Agreement for the Contractor or the CITY to do or perform any act or obligation, neither party shall be liable for any delays or inability to perform if such delay is due to a cause beyond its control and without its fault or negligence including, without limitation: a) Acts of nature; b) Acts or failure to act on the part of any governmental authority other than the CITY or Contractor, including, but not limited to, enactment of laws, rules, regulations, codes or ordinances subsequent to the date of this Agreement; c) Acts or war; d) Acts of civil or military authority; e) Embargoes; f) Work stoppages, strikes, lockouts, or labor disputes; g) Public disorders, civil violence, or disobedience; h) Riots, blockades, sabotage, insurrection, or rebellion; i) Epidemics or pandemics;j) Terrorist acts; k) Fires or explosions; 1)Nuclear accidents; m) Earthquakes, floods, hurricanes, tornadoes, or other similar calamities; n) Major environmental disturbances; or o) Vandalism. If a delay is caused by any of the force majeure circumstances set forth above, the time period shall be extended for only the actual amount of time said party is so delayed. Further, either party claiming a delay due to an event of force majeure shall give the other party written notice of such event within three (3) business days of its occurrence or it shall be deemed to be waived. 10.12. ASSIGNMENT: Neither the CITY nor the Contractor shall assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party. 10.13 Time is of the essence with respect to each provision hereof in which time is a factor 10.14 CONTRACTOR'S or CITY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 10.15 SUCCESSORS AND ASSIGNS: All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. 10.16 GOVERNING LAW AND JURISDICTION: 41 Page The CONTRACTOR and the CITY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Illinois without regard to any conflict of laws provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CONTRACTOR and the CITY arising out of this Agreement or the performance of the services shall be brought in a court of Kendall County in the State of Illinois. 10.17 ATTORNEY'S FEES: If litigation arises pursuant to this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees,to the prevailing party. In awarding attorney fees,the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and reasonable attorney fees paid or incurred in good faith. 10.18 ADDITIONAL ITEMS: The CITY and Contractor further agree that A. If the Prevailing Wage Act Applies: Wage Rate Requirements: (1) The Contract shall be based upon payment by Contractor and his Subcontractor of wage rates not less than the prevailing hourly wage rate for each classification of worker engaged on the work as determined by the State of Illinois,Department of Labor. (2) A copy of the wage determination shall be posted by the Contractor in a conspicuous place at the site of the work where it can be easily seen by the workers. (3) The Contractor shall maintain certified time sheets and submit to the CITY with final invoice. (4) The Contractor will be required to sign a Wage Rate Requirement Certification. B. Prevailing Wage Some or all of the work herein may be subject to the provisions of Prevailing Wage Act, 820 ILCS 130/0.01 et.seq., providing for the payment of prevailing rate wages to all laborers, workmen and mechanics engaged on work. The Contractor agrees that,prior to making any payments to its own laborers,workers, or mechanics or to any subcontractor it will determine whether it must legally pay wages in accordance with the Prevailing Wage Act, and if so legally required,pay the then-current prevailing rate of wage as determined by the Illinois Department of Labor and posted at: http//www.state.il.us/agency/idol/. The CITY may at any time inquire of the Contractor as to rates of wages being paid employees of the Contractor, and any subcontractor or material men, whereupon such information shall be promptly provided by the Contractor. The Contractor shall indemnify the CITY for any and all violations of the prevailing 51 Page wage laws and any rules and regulations now and hereafter issued pursuant to said laws. The Contractor shall insert into each subcontract and into the project specifications for each subcontract a written stipulation requiring all laborers, workers and mechanics performing work under the contract to comply with the Prevailing Wage Act and to require each subcontractor to insert into each lower- tiered contract and into the project specification for each lower tiered subcontract a similar stipulation. C. Sexual Harassment: During the entire term of the contract, Contractor shall have in full force and effect a written Sexual Harassment Policy, which complies with the Illinois Human Rights Act (775- ILCS 511-101 et.seq.) including at least the following: 1) a statement on the illegality of sexual harassment; 2) the definition of sexual harassment under Illinois Law; 3) a description of sexual harassment, utilizing examples; 4) an internal complaint process, including penalties; 5) the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights ("Department") and the Illinois Human Rights Commission ("Commission"); 6) directions on how to contact the Department and the Commission; and 7)protection against retaliation as provided by Section 6-101 of the Act. D. Drug Free Workplace: In compliance with Illinois law, The Contractor certifies and agrees that it will provide a drug free workplace by: 1. Publishing a Statement: 2) Notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance, including cannabis, is prohibited in the Contractor's workplace. 3) Specifying the actions that will be taken against employees for violations of such prohibition. 4) Notifying the employee that, as a condition of employment on such Contract, the employee will: 5) Abide by the terms of the statement; and 6) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. 7) Establishing a drug free awareness program to inform employees about: 8) The dangers of drug abuse in the workplace; 9) The Contractor's policy for maintaining a drug free workplace; 10)Available counseling,rehabilitation,or assistance programs; and 11)Penalties imposed for drug violations. 12)Providing a copy of the Statement required by subsection (a) to each employee engaged in the performance of the Contract and to post the Statement in a prominent place in the workplace. 13)Notifying the contracting agency within ten (10) days after receiving notice of any violations as listed above. 61 Page 14)Imposing a sanction on or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program, by any employee who is so convicted, as required by Section 5 of the Drug Free Workplace Act. 15)Assisting employees in selecting a course of action in the event drug counseling, treatment, and rehabilitation are required and indicating that a trained referral team is in place. 16)Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 17)The Contractor will be required to sign a Drug Free Workplace Certification. E. Substance Abuse Prevention on Public Works Projects: Before a contractor or subcontractor commences work on a public works project as defined in 820 ILCS 130/2,the contractor or subcontractor shall have in place a written program which meets or exceeds the program requirements in the Substance Abuse Prevention on Public Works Projects Act, to be filed with the public body engaged in the construction of the public works and made available to the general public, for the prevention of substance abuse among its employees. The testing must be performed by a laboratory that is certified for Federal Workplace Drug Testing Programs by the Substance Abuse and Mental Health Service Administration of the U.S. Department of Health and Human Services. At a minimum, the program shall include all of the following: 1) A minimum requirement of a 9-panel urine drug test plus a test for alcohol. Testing an employee's blood may only be used for post-accident testing, however, blood testing is not mandatory for the employer where a urine test is sufficient. 2) A prohibition against the actions or conditions specified in 820 ILCS 265/10. 3) A requirement that employees performing the work on a public works project submit to pre-hire, random, reasonable suspicion, and post-accident drug and alcohol testing. Testing of an employee before commencing work on a public works project is not required if the employee has been participating in a random testing program during the 90 days preceding the date on which the employee commenced work on the public works project. 4) A procedure for notifying an employee who violates 820 ILCS 265/10, who tests positive for the presence of a drug in his or her system, or who refuses to submit to drug or alcohol testing as required under the program that the employee may not perform work on a public works project until the employee meets the conditions specified in subdivisions (2)(A) and (2)(B) of 820 ILCS 265/20. 10.19 Any provision or part thereof of this Agreement held to be void or unenforceable under any law shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the parties. The parties agree that this Agreement shall be refined to replace such stricken provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 71 Page 10.20 This Agreement contains and embodies the entire and integrated agreement between parties hereto and supersedes all prior negotiations,representations,or agreements, either written or oral. 81 Page IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized agents,this contract in DUPLICATE, each of which shall be deemed original, on the day and year first United City of Yorkville Administrator Date Attest� - 1� Title bEPyTY CITIV CL�ek F40— /V /P1 tl'/IViC—Al-pf/yC-&.0e AC— (Printed Name of Contractor) 5-1,r ty, _IX/ tff17-,✓CVD --f Address Date 17 Cir ff ct,ZS 7-- City —City State Zip Code r Siignature o A h rized Representative Title bate 9Page EXHIBIT A Services and Materials to be Provided The Contractor agrees to furnish the labor,equipment, cleaning supplies, incidental items, and supervision necessary to provide high quality janitorial services at all municipal buildings. The City, at its own expense, will provide paper towels,toilet paper and hand soap. Contractor shall assist City staff in monitoring these supply quantities and will notify City staff of shortages. Work shall be completed during the following times: 1. City Hall a. Modest cleaning(trash removal, spot cleaning, etc...)can be done during business hours(8:00 a.m.—4:30 p.m.). b. ALL intense cleaning(dusting,vacuuming,bathrooms, etc...) should be done outside of normal business hours. c. NO cleaning should occur upstairs in City Hall between 5:30 p.m. and 10:00 p.m. on nights when there are Council or Committee Meetings. A meeting schedule will be forwarded onto the Contractor. 2. Police Department a. 8:00 a.m.to 4:30 p.m. 3. Public Works Facility a. 7:00 a.m.to 3:00 p.m. 4. Parks and Recreation Offices a. All cleaning completed before 8:30 a.m. or after 3:30 p.m. 5. Parks and Recreation Maintenance Building a. All cleaning completed before 7:00 a.m. or after 3:30 p.m. 6. Van Emmon Activity Center a. All cleaning completed before 3:30 pm or after 8:00 p.m. 7. Beecher Concession Stand a. 7:00 a.m.to 3:00 p.m. 8. Bridge Concession Stand a. 7:00 a.m.to 3:00 p.m. Work shall be completed on the following days: 1. City Hall a. shall be maintained four(4)days per week, Monday, Tuesday,Friday and either Wednesday or Thursday 2. Police Department a. shall be maintained five (5)days per week,Monday, Tuesday, Wednesday, Thursday, and Friday 3. Public Works Department a. shall be maintained two(2)days per week, Wednesday and Friday 4. Parks and Recreation Offices a. shall be maintained three (3)days per week, Monday, Wednesday and Friday 5. Parks and Recreation Maintenance Building a. shall be maintained two (2)days per week, Wednesday and Friday 101 Page 6. Van Emmon Activity Center a. shall be maintained two (2)days per week, Tuesday and Friday afternoons. 7. Concession Stands a. shall be maintained two (2)days per week,Monday and Friday,April through October Upon award of contract, a regular, fixed schedule will be submitted by the contractor for City approval. Contractor must be on-site performing the specified janitorial services during the approved schedule periods. The schedule cannot change without City consent. Additional approval must be given by Police Personnel to enter certain areas of the Police Facility(evidence areas, some offices, etc.). Contractor staff may not enter those areas until approval is given and access provided by Police. The Chief of Police, or his designee, shall work with the contractor to arrange for such approval so contractor staff may complete the work as required. Task List and Frequency Daily Cleanine 1. Empty all trash receptacles, including entrance containers. Sanitize and reline. 2. Empty pre-separated recycle materials (paper, cans, etc) into on-site recycling collection bins (provided by the City). Do not mix or dispose of recycling materials with regular trash. Clean individual recycling receptacles, sanitize, and reline. 3. Spot clean all entrance glass, service counter glass and doors to remove finger prints and smudges. 4. Spot clean lobby furniture and straighten reading materials and pamphlets. 5. Vacuum traffic lanes of all carpeted areas, runners, floor mats and elevator floor. 6. Dust mop and spot mop hard surface floors. 7. Clean and sanitize drinking fountains. 8. Clean conference room tables and chairs. 9. Clean locker room 10. Clean and disinfect showers. 11. Restroom Cleaning a. Empty all trash and sanitary receptacles. Sanitize and reline. b. Re-stock all towels,tissue, sanitary products, and hand soaps. c. Dust all partitions, mirror frames and product dispensers d. Sanitize areas around soap and towel dispensers, basins,toilets and urinals. e. Thoroughly clean and sanitize all fixtures,toilets, urinals, sinks, shower stalls, and associated fixtures. f. Clean all mirrors and glass. g. Dust mop, sanitize, and damp mop hard surface floors. h. Damp wipe and spot clean doors and frames(front and back). Sanitize door handles and push plates. 12. Kitchen/Break Areas a. Empty all trash and sanitary receptacles. Sanitize and reline. 111 Page b. Wash and disinfect countertops,tables, chairs, sinks, interior and exterior of microwave, exterior of refrigerators,and other appliances. c. Refill all soap and towel dispensers. d. Dust mop, sanitize and damp mop hard surface floors. Weekly Cleaning 1. Complete detailed vacuum of all carpeted floors. 2. Dust mop, sanitize and damp mop all hard surface and synthetic/rubber tile floors. 3. Complete dust all horizontal surfaces including desktops, counters, cabinets, book cases, chairs, tables, window sills, ledges, computer screens and PCU's, telephones, keyboards. Contractor shall dust only cleared areas and shall not move to rearrange items on desktops. 4. Sanitize telephones. 5. Sanitize light switch plates and door frames to remove finger prints and smudges. 6. Complete glass cleaning of all display cases. Monthly Cleaning 1. High dust all areas not reached during nightly and weekly dusting. Height limitation of no greater than 12 feet above floor level or adjacent stair. 2. Dust blinds. 3. Dust wall hangings. General Items 1. Contractor personnel will notify or contact staff of any irregularities such as defective plumbing,unlocked doors, burned out light bulbs, and lights left on. 2. Contractor personnel will turn off all lights except those to be left on, close windows, and secure building. 3. Contractor staff shall not use City facilities such as break rooms, food preparation equipment, etc. for personal use while performing this contract. Work breaks, meals and other rest periods shall be taken off premises. This does not apply to restroom facilities which may be used by contractor staff for the intended use. Scheduled Holidays Buildings Will Be Closed Select City Buildings will be closed on the following days each year: New Year's Day, Martin Luther King, Jr.'s Birthday, President's Day, Good Friday, Memorial Day, July 4, Labor Day, Thanksgiving Day, the Friday after Thanksgiving, Veteran's Day, Christmas Eve and Christmas Day. Janitorial service will not be required on these days at the City Hall, Public Works and Parks and Recreation Facilities and pricing should reflect this. The contractor may propose an alternative schedule for Holiday weeks. Upon submittal,the City shall consider the request and instruct the Contractor on how to proceed. 121 Page EXHIBIT B Insert Pricing Sheet 131 Page PROPOSAL Note: The Person submitting the proposal must complete all portions of this Proposal The undersigned, having examined the specifications, and all conditions affecting the specified project, offer to furnish all services,labor and incidentals specified for the price below. It is understood that the City reserves the right to reject any and all proposals and to waive any irregularities and that the prices contained herein will remain valid for a period of not less than ninety(90)days. I(We)propose to complete the following project as more fully described in the specifications for the following: {' Bidding Company Name: C.C.6 CI PA(A MaAQ �Mo'o Inc- Year 1: Location Monthly Price Annual Total Price City Hall/Police Department 2 Q i D 2`I I 12() Beecher Concession Stand 5q y 13 Public Works Facility )(t5 $ ?-.34 Parks and Recreation Office q 5 2,3 W D Parks and Recreation Maintenance Building 13 1 , 62,0 Van Emmon Activity Center 330i qba Steven Bridge Concession Stand I> /hIA Signed Print ame Title co C_1 Qe,r I �n-wan eP ��-r1C Company Name Io/2A /I Date 20 PROPOSAL Note: The Person submitting the proposal must complete all portions of this Proposal The undersigned, having examined the specifications, and all conditions affecting the specified project,offer to furnish all services,labor and incidentals specified for the price below. It is understood that the City reserves the right to reject any and all proposals and to waive any irregularities and that the prices contained herein will remain valid for a period of not less than ninety(90) days. I(We)propose to complete the following project as more fully described in the specifications for the following: f ,,a,� Bidding Company Name: T-Cd C l earn mc'Irl t an ce rlilt, Year 1 (City_Option): Location Monthly Price Annual Total Price City Hall/Police Department 'L, Ui O 1L , t20 Beecher Concession Stand 50, q 13 Public Works Facility I q 5 ?- ,340 Parks and Recreation Office (q 5 Z 34 D Parks and Recreation Maintenance Building 13S 1 vz o Van Emmon Activity Center X317 $ 3 0i(6D Steven Bridge Concession Stand %-{20 B�vtII � 9 Signed e Print 94ame S o.IP-S r-e L-cL-b t/e Title E CO okra mcLLAI man Ce Tnc . Company Name Date T—T 21