IGA County of DuPage & VOB -Mowing Along County Roads 04-22-2008 R E S O L U T I O N
DT-0017-08
MOWING CONTRACT
BETWEEN THE COUNTY OF DU PAGE AND
THE VILLAGE OF OAK BROOK
(COUNTY COST: $4, 753 . 00 per year for three years)
WHEREAS, it is in the public interest that the County of DuPage
enter into an Intergovernmental Agreement for mowing of grass, weeds
and other vegetation growing along the roads and right of ways under
the jurisdiction of the County of DuPage; and
WHEREAS, the County Board has examined the Agreement attached
hereto.
NOW, THEREFORE, BE IT RESOLVED by the County Board of the County
of DuPage as follows :
1 . That the "INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DU
PAGE AND THE VILLAGE OF OAK BROOK FOR MOWING ALONG COUNTY ROADS
AND RIGHTS OF WAY" be attached hereto and made a part of this
resolution.
2 . That the signatures of the Village of Oak Brook Village Manager
and the Village Clerk are affixed on said Agreement, and that
the Agreement be hereby ratified by the County Board of the
County of DuPage.
3 . That the County Board Chairman and the County Clerk execute this
Agreement on behalf of the County Board.
BE IT FURTHER RESOLVED tJR unty Clerk transmit a
duplicate original of this Rend Agreement to the Village of
Oak Brook through the Divisioportation.
Enacted and approved thi of April, 2008 at Wheaton,
Illinois .
Schillerstrom, Chairman
unty Board
I
ATTEST:
Ayes: 16 Gary A. ing, County erk
Absent: 2
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COUNTY OF DU PAGE AND THE VILLAGE OF OAK BROOK
FOR MOWING ALONG COUNTY ROADS AND RIGHTS OF WAY
This intergovernmental agreement (hereinafter referred to as
"Agreement") , entered into as hereinafter set forth, by and between
the County of DuPage, a body corporate and politic of the State of
Illinois (hereinafter referred to as the "COUNTY") and the Village
of Oak Brook (hereinafter referred to as the "VILLAGE") , a municipal
corporation. The COUNTY and the VILLAGE are hereinafter individually
referred to as a "party" or together as the "parties . "
WITNESSETH
WHEREAS, the COUNTY and the VILLAGE are authorized by the 1970
Illinois Constitution, Article VII, Para. 10 and the
Intergovernmental Cooperation Act 5 ILLS 220/1 et se g. , to contract
with each other; and
WHEREAS, the VILLAGE agrees to mow grass, weeds and other
vegetation along certain roads and rights of way which are within
the maintenance jurisdiction of the COUNTY and within the corporate
limits of the VILLAGE as follows (hereinafter referred to as "COUNTY
MOWING") :
COUNTY MOWING
Route Number Highway Name Location
25 Meyers Road 35th St. to 38th St. ,
Median Only
34 31St Street Regent Dr. to Jorie
Blvd. , Medians Only
34 31St Street Spring Rd. to York Rd. ,
Right-of-way
34 31St Street Medians - Spring Rd. to
York Rd.
8 York Road 31St St . to Golf Course
Entrance
8 York Road Graue Mill
and
WHEREAS, the COUNTY and the VILLAGE have determined that it is
in the best interest of the citizens of DuPage County and the
residents of Oak Brook for the VILLAGE to provide mowing along the
above listed County Highways subject to the following GENERAL
CONDITIONS AND SPECIFICATIONS :
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GENERAL CONDITIONS
1 . The VILLAGE shall visit the site of the proposed work, and shall
investigate, examine and familiarize itself with the premises
and conditions relating to the work to be done in order that it
may understand the difficulties and restrictions required to
complete the work to be done under this Agreement.
2 . The VILLAGE shall furnish all labor, materials, equipment and
transportation necessary to complete seven (7) cycles of COUNTY
MOWING per year for three (3) years under the terms and
conditions herein set forth. All materials and equipment shall
be in strict compliance with the specifications hereinafter set
forth; however, if no specifications are set forth for
particular materials or equipment such material or equipment
shall be of such specifications as are reasonably necessary and
appropriate to carry out the terms and conditions of this
Agreement. All labor and transportation shall be performed in
accordance with the highest professional and technical standards
in the field.
3 . At the sole option of the COUNTY, the VILLAGE shall furnish all
labor, materials, equipment and transportation necessary to
complete an additional cycle of COUNTY MOWING, or of any portion
or portions of said COUNTY MOWING, under the terms and
conditions herein set forth. The COUNTY shall give written
notice to the VILLAGE of the portion or portions of roads and
rights of way to be mowed during the additional mowing cycle not
less than seven (7) ,days prior to the required starting date.
4 . The safety of persons and property of the VILLAGE, the COUNTY,
and the general public is of primary concern, and shall take
priority over all other terms and conditions of this Agreement.
5 . All equipment and materials furnished by the VILLAGE shall meet
or .exceed all safety standards for mowing prescribed by O. S.H.A.
The VILLAGE agrees, covenants, and understands that the VILLAGE
bears sole liability for any injury or damage caused by the
VILLAGE under this Agreement and that the COUNTY shall not
accept any liability whatsoever from the VILLAGE except where
any injury or damage is caused by the COUNTY.
6 . The VILLAGE shall, at all times, fully indemnify, hold harmless
and defend the COUNTY, County Officers, agents, employees and
board members from any and all claims and demands, actions and
causes of action of any character whatsoever, made by any person
or party on account of negligent or malicious acts of the
VILLAGE, their subcontractors or persons otherwise associated
with the VILLAGE growing out of the performance of the terms and
conditions of this Agreement.
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7 . At all times during the period of this Agreement, the VILLAGE
shall maintain the following insurance coverages, or be self-
insured to cover the following:
(a) Workers' Compensation Insurance with limits as required by
the applicable statutes of the State of Illinois .
(b) Employer' s Liability Insurance with limits of not less
than $500, 000 each accident/injury; $500, 000 each
employee/disease.
(c) Commercial General Liability Insurance with limits of not
less than $2, 000, 000 per occurrence bodily
injury/property damage combined single limit; $2, 000, 000
aggregate bodily injury/property damage combined single
limit. The insurance shall include, but is not
necessarily limited to, the following:
(i) premises/operations coverage;
(ii) products/completed operations coverage;
(iii) contractual liability coverage (specifically
covering the indemnification obligations referred
to in paragraph 6) ;
(iv) personal injury coverage (with the employment
exclusion deleted) ;
(v) broad form property damage coverage; and
(vi) independent contractor liability coverage.
(d) Owner' s and Contractor' s Protective Insurance with
limits of not less than $1, 000, 000 per occurrence
bodily injury/property damage combined single limit.
(e) Comprehensive Motor Vehicle Liability Insurance with
limits of not less than $1, 000, 000 per accident bodily
injury/property damage combined single limit.
The foregoing insurance coverages shall be provided by
companies authorized to transact business in the State of
Illinois and acceptable to and approved by the COUNTY. The
policy of Commercial General Liability Insurance shall
include an endorsement naming the COUNTY as an additional
insured and shall not be subject to cancellation or
modifications without at least 30 days' prior written
notice to the COUNTY. The VILLAGE shall provide the COUNTY
with a Certificate of Insurance for each of the coverages
specified above and, if requested, copies of the policies
issued by the insurers . The coverage limits required under
subparagraphs (c) and (e) above may be satisfied through a
combination of primary and excess coverage. The VILLAGE
shall not allow any contractor to commence work until all
the insurance coverages required under this paragraph have
been obtained and satisfactory evidence thereof has been
furnished to the COUNTY. Additionally, the VILLAGE shall
- 3 -
include in all of its contracts a statement expressly
declaring the COUNTY to be a third-party beneficiary of
the insurance requirements provided for in this paragraph.
8 . The terms and conditions of this Agreement may be amended or
supplemented by written statement of the parties to make such
amendment or supplement. The parties agree that no oral change
orders will be allowed and that no claim based upon any
purported oral change order shall be made.
9 . The terms and conditions of this Agreement shall be binding upon
and shall inure to the benefit of the parties hereto and their
respective successors and assigns.
10 . All State and Federal Laws insofar as applicable to COUNTY
contracts shall be hereby specifically made a part of this
Agreement as set forth herein.
11 . This Agreement shall be governed by the laws of the State of
Illinois . The forum for resolving any disputes concerning the
parties' respective performance, or failure to perform, under
this Agreement, shall be the judicial circuit court for DuPage
County.
12 . In the event, any provisions of this Agreement is held to be
unenforceable or invalid for any reason, the enforceability
thereof shall not affect the remainder of the Agreement. The
remainder of this Agreement shall be construed as if not
containing the particular provision and shall continue in full
force, effect, and enforceability, in accordance with its terms.
13 . This Agreement may be terminated at any time by submission to
the other party of written thirty (30) days advance notice
served by certified or registered mail, return receipt
requested, properly addressed with postage prepaid and said
notice shall be effective upon receipt as verified by the United
States Postal Service, to the following addresses :
FOR THE VILLAGE: FOR THE COUNTY:
Village Manager County Engineer
Village of Oak Brook DuPage County
1200 Oak Brook Road Division of Transportation
Oak Brook, Illinois 60523 421 North County Farm Road
Wheaton, Illinois 60187
14 . This Agreement shall remain in full force and effect after
execution by the parties as set forth below until November 15,
2010, unless terminated by thirty (30) days written notice to
the other party as referenced above.
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SPECIFICATIONS
1 . All grassy areas heretofore set out in COUNTY MOWING shall be
mowed from the edge of shoulder or back of curb to the right of
way line. Median and island areas are also included as part of
this Agreement and shall be mowed back to back of curb.
2 . Grass shall be mowed to the height of three (3) inches during
each of the five (5) mowing cycles and any intermediate mowing
cycles .
3 . All mowing shall be performed in a manner to produce a finished
appearance which is acceptable to the COUNTY. Such
acceptability shall be based upon the reasonable application of
professional standards in the mowing industry. The opinion of
the DuPage County Division of Transportation Highway Operations
Manager shall constitute prima facie evidence of a reasonable
application of such professional standards .
4 . Hand-cutting or cutting along fences and guardrails is included
as part of the Agreement.
S . Hand-cutting around landscaping and other obstructions within
the right of way shall be part of this contract. Grass cuttings
shall not be allowed on roadways or curbs . Large grass clumps
shall not remain on cut areas . Such cuttings or clumps shall be
removed or blown clean.
6. Pick up of typical roadway trash (bottles, cans, paper, plastic
bags, and miscellaneous small debris) will be the responsibility
of the VILLAGE and shall be included in the cost of mowing. Any
areas where materials are encountered that would not be
classified as "typical roadway trash" should be referred to the
DuPage County Highway Operations Manager for removal .
7 . Damage caused by the VILLAGE to turf areas shall be repaired to
the satisfaction of the DuPage County Highway Operations Manager
prior to payment for the cycle in which damage occurred.
8 . The VILLAGE shall protect all work sites with proper traffic
control as specified in the current "Manual of Uniform Traffic
Control Devices" and applicable standards as included in these
special provisions, and appropriate at any particular site. The
safety of employees and the public shall be of primary concern.
9. Roadways shall be kept open to traffic in both directions at all
times . The loading and unloading of materials and/or equipment
shall be done in a protected area completely off the traveled
roadway. If it is necessary for a slow moving piece of
equipment to travel for a short distance along the roadway, this
piece of equipment shall be accompanied by a properly equipped
escort vehicle during the entire time that it occupies any
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portion of the traveled roadway. The escort vehicle shall be
equipped with an amber-colored, rotating-type warning light
mounted on or above the cab of the escort vehicle. The escort
vehicle shall also be equipped with two (2) amber colored
flashing lights mounted to the rear of the escort vehicle at a
minimum height of six (6) feet .
10 . No equipment or material shall be stored on the pavement or
shoulders at any time.
11. The starting date for each year' s mowing cycle shall be no later
than the following:
First Mowing - May 1
Second Mowing - June 1
Third Mowing - July 1
Fourth Mowing - August 1
Fifth Mowing - September 15
Two (2) intermediate mowings are to be completed as weather and
grass conditions warrant.
12 . The COUNTY shall pay the VILLAGE $679 within forty-five (45)
days of receipt of invoice after the completion of each mowing
cycle of 6. 79 acres .
13 . The final invoice for all mowing shall be submitted no later
than November 15th of each year for the term of this Agreement .
14 . Additions or deductions to the mowing acres may be required
during the mowing season and will be done at the sole discretion
of the COUNTY. Additions or deductions will be made to the
payment due for a mowing cycle at a unit price of One Hundred
Dollars per acre ($100 . 00 per acre) . The DuPage County Division
of Transportation will notify the VILLAGE in writing, of any
additions or deductions made in the mowing cycle acres .
WHEREAS, this Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of
which shall be deemed one in the same instrument.
WHEREAS, this Agreement shall become effective on the day on
which both parties hereto have executed this document .
i
IN WITNESS WHEREOF,
the parties hereto have each caused this
Agreement to be executed by their duly authorized officers and to be
6 -
attested to and their corporate seals to be hereunder affixed.
COUNTY OF DU PAGE
Signed this 22nd day of April 2008 at Wheaton,
Illinois .
Robert illerstrom, Chairman
DuPage nt y Board
ATTEST: w A4'0
Gary A. ng, County erk
VILLAGE OF OAK BROOK
Signed this day of 2008, at Oak Brook,
Illinois .
L)
�V
John W. Craig,, Pre id t
UAL Village of Oak B ook
a 1.
a .
ATTEST:
C3 _ Charlotte K. Pruss, Village Cler
Village of Oak Brook
9 tom'
i
I
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QP
RECEWED MR - 9 2908
DuPage County
ROBERT J.SCMLLERSTROM
DIVISION OF TRANSPORTATION COUNTY BOARD CBAE MAN
(630)407-6900 FACSIMILE(630)407-6901
May 6, 2008
Mr. David Niemeyer
Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Re: Resolution DT-0017-08
Intergovernmental Agreement
Mowing Contract
Dear Mr. Niemeyer:
Enclosed for your file is the executed Resolution and Agreement for the mowing contract
between the County of DuPage and the Village of Oak Brook approved by the DuPage County
Board on April 22, 2008.
If you have any questions or concerns please feel free to contact me at 630.407.6900.
Very truly yours,
6 L . V
P. Kos, P.E.
Director of Transportation and Operations
Enc.
421 N.COUNTY FARM ROAD WBEATON,IL 60187-2553
INTERGOVERNMENTAL RISK
MANAGEMENT AGENCY
Four Westbrook Corporate Center, Suite 940 �
Westchester, IL 60154
CERTIFICATE OF COVERAGE REQUEST FORM
(Please allow 3 working days, whenever possible.)
V l���6L�- a� VG�-�roa �C-'
Date Requested: ' 1$ 0'8 Requested By: �1..� • �P.n'�
Date Needed: s�, - �I.� Original To: �'�- �d�,,��.
Copy To: ��(c.e, ���r,.�y,,�
Requesting Member: V� �1�� �� ��"�'`'���`'
Issued To: Name: V • �,�aR- �� ��(� �� �`'
Add ress: \ ?.�o t�a.�—�rook- (L9--� C��,1�--�o f� � (Cro S Z 3
Attn: A ATIG� ti�l.e�'�p,�
Fax#: (if necessary) �v 3-0 � �l.$ — � 2.g S
Reference/Purpose (why is the certificate needed) (please include date, location, lease or contract#, etc.)
'�Q���o� � ��..1.(Y r��� �'��r.fi�� �r-:F^�f��...o.
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1 J���Cr�-{�L Q�1'�l er� �� �-�"� n e,c,'��,y �f7��� � �/��O
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Coverage Requested: (General Liability, Auto, Workers Compensation, and First Party Property)
� n f �w��
Loss Payee Status Requested: [ ] Yes [ �C ] No
Additional Insured Stated Requested: [ ] Yes [ X ] No
Important: Do not offer to provide additional insured unless requested and absolutely necessary. Staff will
review and make determination on all requests for additional insured status.
Special Instructions or Requests:
n� ( 2 �� � n.A �� .l Q— (�„ ��('L�,�,i -r `-''�--�-n..(R.� CsroJ �
Mail or Fax to the IRMA Office Upon Completion of This Form
Phone: 708/562-0300 Fax: 708/562-0400
��� 3�'��Q�
�
�
� INTERGOVERNMENTAL RISK
MANAGEMENT AGENCY
� � �
``�,,.,✓' The Risk Management Solution for Local Government
CERTIFICATE OF COVERAGE
MEMBER: Village of Oak Brook COVERAGE TERM: November 1, 2007 to November 1, 2008
This certificate is issued as a matter of information only and confers no rights upon the recipient. This certificate does
not amend, extend or alter the coverages provided to the member.
Intergovernmental Risk Management Agency (IRMA) is not an insurance company. IRMA is an Illinois
intergovernmentat cooperative agency established by contracting units of local govemment as defined in the Illinois
Constitution of 1970 pursuant to Article VII, Section 10 thereof and Chapter 127, Section 746 of the Illinois Compiled
Statutes. IRMA administers a joint risk pool and purchases insurance, as it deems expedient.
COVERAGES: This is to certify that the coverages listed below are provided by IRMA to the member named above
for the Coverage Term indicated. This certificate is subject to all terms and conditions of the IRMA Bylaws and
Coverage Document, and any applicable contract(s)of commercial insurance.
Tvpe of Coverage and Limits
Shall not be less than:
General Liability
Bodily Injury& Property Damage $1,000,000 Combined Single Limit
Automobile Liability
Bodily Injury& Property Damage $1,000,000 Combined Single Limit
Workers Compensation $101,500,000 per occurrence
Employers Liability $1,000,000 per occurrence
REFERENCE: Evidence of coverage for mowing contract between the Village of Oak Brook and DuPage County
Office of Transportation. DuPage County Office of Transportation is named as additional insured for liability arising
out of the above.
TERMINATION: Should the member named above terminate its participation in IRMA prior to November 1, 2008,
notice thereof will be sent by first class mail to the party named below at the address indicated. However, failure to
mail such notice shall impose no obligation or liability upon IRMA.
Authorized Representative of Intergovernmental Risk Management Agency:
�
Date: March 19,2008
Larry Y. B' h xecutive Director
CERTIFICATE HOtDER: DuPage County Department of Transportation
421 N. County Farm Road
Wheaton, IL 60187
Attn: Dixie Van Vorous
Copy ta Mike Meranda, Village of Oak Brook
P�ur Wesebr4ok Corporace Cencer 708,Stz:03�U
Suite 9;►D fax 708.56?.0400
1�Vescchescer,[L bD1S4 �����_pr�
--T-- - __ - - _ _
! PURCHASE ORDER
DU PAGE COUNTY ILLINOIS - -- - -- -
�a���°F�,, - This number must appear on all packing slips,
PROCUREMENT SERVICES DIVISION shipping documents, packages and invoices.
� � 421 NORTH COUNTY FARM ROAD
�oti`� WHEATON, IL 60187-3978 U�4HZH
�Tox,ilyti Phone: 630-407-6200
Fax: 630-407-6201 Page Number Purchase Order Date
1 of 1 05I06/2008
-- ___ __ ____ __ __
This order is subject to the terms and conditions set forth herein and on the reverse side and acceptance of this order constitutes acceptance of all of the
terms and conditions. Any supplemental terms and conditions shall prevail in the event of a conflict between the Purchase Order General Terms and
Conditions and any supplemental terms and conditions.
Supplier: 00206000 Bill to: DU PAGE COUNTY D.O.T.ADMIN.
VILLAGE OF OAK BROOK JENNIFER SINN
1200 OAK BROOK ROAD 421 NORTH COUNTY FARM ROAD
OAK BROOK IL 60523-2255 SECOND FLOOR
WHEATON IL 60187
Phone: 630-990-3000
Remit to: VILLAGE OF OAK BROOK Ship to: DU PAGE COUNTY D.O.T.ADMIN.
1200 OAK BROOK ROAD JENNIFER SINN
OAK BROOK IL 421 NORTH COUNTY FARM ROAD
60523-2255 SECOND FLOOR
WHEATON IL 60187
- - - - __ __ ___ ___ ___
Terms F.O.B. Delivery Required By Requested By Requisition No.
- - ----- -_---- - _ _ --- __ _ _ _ _ _
JOB SITE BLANKET JOHN KOS 14828
T _--- -_ ___— ___� __ _ _ _
' LN Quantity � Description _ _ _ �I _ Account Code � Unit Price , Extension
1,BLANKET 'THREE YEAR AGREEMENT FOR MOWING SERVICES BY THE 08-41-226-2261-3610 0.00/EACH 4,753.00
I ' VILLAGE OF OAK BROOK,FOR FIVE(5)MOWINGS,PLUS TWO I
' �(2)MOWINGS TO BE COMPLETED AS WEATHER AND GRASS '
I CONDITIONS PERMIT. FY2008 ENCUMBRANCE. '
I2 BLANKET 'SAME AS ABOVE-FY 2009 ENCUMBRANCE 09-41-226-2261-3610 0.00/EACH 4,753.00
', 3',BLANKET SAME AS ABOVE-FY 2010 ENCUMBRANCE j 10-41-226-2261-3610 �I 0.00/EACH 4,753.00
I �PASSED TC-4/15/08 '
! ' I PASSED CB-4/22/08-DT-0017-08 i
I , ' ,
�I i I
I' �I
Total: 14,259.00
����
PETER F.COSTA
APPROVALS:
(630)407-6183
PETER F. COSTA,05/06/2008
RESOLUTION#: DT-0017-08 VENDOR
. .�-r,�,:-_,,
��
�� " CQUNTY�F DUPAGE: GENERAL TERMS AND CONDITIONS
THE FOLLOWING GENERAL TERMS AND CONDITIONS SHALL APPLY TO AL,L PURCHASfS BY OR ON BEHALF OF THE
COUNTY OF DUPAGE UNLESS SAECIFICALLY PROVIDED OTHERWISE ON THE FRONT OF THIS DOCUMENT:
TAX EXEMPTION: MATERIAL SAFETY DATA SHEETS:
The County of DuPage is tax exempt, !D#E9997-4551-05 Proper Material Safety Data Sheets, in compliance with OSMA's
Hazard Communication Standard, must be provided by the
AccePraHce OF CorvTr�qCT: Vendor to the Counfy at the time of delivery
This order is the County's offer to purchase the goods and/or
services described on the reverse side ftom the Vendor. The CoMP�iANCE WITH LAWS:
County's placement of this order is expressly conditioned upon The Vendor certifies that in performing this contract they will
Vendors acceptance of afl the ierms and conditions of purchase comply with all applicable provisions of the federal, state and
contained on or attached to this purchase order local laws regulations rules and orders
AMENDMENTS: LAWS GOVERNING:
No agreement or understanding to modify this contract shall be This contract shall be governed by and construed according to
binding upon the County unless in writing and signed by the Yhe laws of the State of Illinois Venue for any action refated to
County's authorized agent Note that by statute, certain change this agreement shafl be in the Circuif Court for the 18`h Judicial
orders can only be approved by the elected officials All Circuit, DuPage County, Illinois
specifications, drawings, and data submitted fo the Vendor with
this order are hereby incorporated and rnade a part hereof PREVAILING WAGE:
!t shaU be the responsibility of the Vendor to comply, when
UNfFORM COMMERCIAL CODE: BppllCBble, �vi;h the Illinois Frevailing Wage AcE 820 ILCS
As to terms and conditions not expressed on this purchase order, 130/01 et seq It shall be the responsibility of the Vendor to
all appficable portions of the Illinois Uniform Commercia! Code monitor the prevailing wage rates as established by fhe Illinoss
shall govern contracts with fhe County of DuPage unless a Dspartment of Labor for any increase in rates during the project
specific conflicfing statute also applies in which case, the specific and adjust wage rates accordingly
statute will apply
PAYMENT: '
DE�tvERY: Original invoices must be presented for payment in accordance
All prices must be F O,B, desfination Time is of the essence on with instructions contained on the Purchase Order including
this contracf ft completed deliveries are not made at the time reference to Putchase Order number and submitted to the
agreed, the County reserves the right to cancel or purchase correct address for processing. The County shall pay all
efsewhere and hold vendor accountable If delivery dates cannot invoices pursuant to 50 ILCS 505 "Local Government Prompt
6e met, Vendor agrees to advise the County, in writing of the Payment AcY' '
earliest possible shipping date for acceptance by the County
WARRANTY:
RisK oF LOss: The Vendor warrants to the County that ail goods and services
Regardless of F O B point, Vendor agrees to bear all risk of loss, furnished hereunder will conform in all respects to the terms of
injury, or destruction of goods and materials ordered herein which this order, incfuding any drawings, specifications or standards
may for any reason occur prior to acceptance by County. No such incorporated herein, and/or defects in materials, workmanship,
loss, injury or destruction shall release Vendor from any and free from such defects in design ln addition, Vendor
obligations hereunder warrants the goods and services are suitable for and will
INSPECTiON: perform in accordance with the purposes for which they were
intended
Goods and material must be properly packaged Damaged goods
and materials will not be accepted, or if the damage is not readily NON-DISCRIMINATION:
apparent at the time of delivery, the goods shall be returned at no The Vendor shall comply with the lllinois Human Rights Act,775
cost to the County The County reserves the right to inspect the ILCS 5/1 - 101 et sea (2000), as amended and any rules and
goods at a reasonable time subsequent to delivery where regulations promulgated in accordance therewith including, but
circumstances or conditions prevent effective inspection of fhe not limited to the Equal Employment Opportunity Clause, 5 III
goods at the time of delivery P.�m;n Cod2 �',`�C n�F.c�d;x� The Verdo�shaN aiso compiy
with the Public Worics Employment Discrimination Act,775 1LCS
PATENTS AND COPYRIGHTS: 10/0 01 et SQ4 (200Q),as amended
!f an article sold and delivered to the County hereunder shafl be
protected by any applicable patent or copyright, the Vendor It shail a(so be an unlawful employment practice for the Vendor
agrees to indemnify and save harmless tfie Caunty, from and (�) to fail or refuse to hire or to discharge any individual or '
against any and all suits, claims, judgments, and costs instituted otherwise to discriminate against any individual with respect to
or recovered againsi it by any person whomsoever on account of their compensation, or the terms, conditions, or privileges of
the use or sale of such arEicles by the County in violation or right their employment, because of such individual's race, color, '
under such patent or copyright religion, sex, age, handicap or national origin; or (2) to limit,
segregate or classify their employees or appiicants for
HON-WAIVeR oF RIGHTS: empioyment in any way which would deprive or tend to deprive
No failure of either party to exercise any power given to it any individual of employment opportunities or otherwise
hereunder or to insist upon strict compliance by the other party adversely affecf their sfatus as an employee, because of such '
with its obligations hereunder, and no custom or practice of the individual's race, color, religion, sex, age, han@icap or national
parties at variance with the terms hereof, nor any payment under o�i9in. Vendor shall comply with The Civil Rights Act of 1964,
this agreement shall constitute a waiver of either party's right to 42 U S C sec 2000 et seQ {2000},as amended
demand exact compliance with the terms hereof
Revised 7/Q5