B&T Janitorial Services VILLAGE OF OAK BROOK BATH AND
TENNIS CLUB
JANITORIAL SERVICES AGREEMENT
THIS AGREEMENT entered into this day of n tk,) 1 , 2021,
by and between the Village of Oak Brook, an Illinois municipal corporation, 1200 Oak Brook Road, Oak
Brook, IL 60523 (the "Village")and Image One Facility Solutions, 1601 Algonquin Road, Suite 100, Rolling
Meadows, Illinois 60008 (the"Contractor").
WITNESSETH:
WHEREAS, the Village desires to engage the Contractor to provide Janitorial Services ("Project")
all in accordance with the proposal ("Proposal") attached hereto as Exhibit"A" and incorporated herein by
reference; and
WHEREAS,the Contractor desires to provide Janitorial Services for the Project in accordance with
the Proposal; and
WHEREAS, the Village and the Contractor desire to memorialize their understanding as to the
scope of work to be provided, operational rules, and requirements in this agreement(the "Agreement").
NOW,THEREFORE, in consideration of the foregoing and the covenants hereinafter set forth, the
parties agree as follows:
1. The foregoing preambles are restated and incorporated herein by reference as though fully
set forth herein.
2. General Specifications for the Proiect.
A. The Contractor agrees to furnish and provide all labor, materials, tools, equipment and
supervision in connection with the Project.
B. The Contractor agrees to provide competent supervisors, who possess good
command of the English language, at all times when the Contractor is performing the
work under this Agreement. The names of the supervisors shall be provided to the
Village in writing, with phone numbers for Village to use in the event of a situation
requiring contact with such supervisors.
C. The Contractor's employees at all times shall be courteous and present a neat and
clean appearance and shall Wear identifiable work garments and identification to
indicate that they are employed by the Contractor. All work shall be performed and all
complaints shall be handled wuth due regard for the care of the Village's property. The
Contractor shall utilize only employees who are competent and skilled to perform the
specific job tasks to which they are assigned. At the request of the Village, the
Contractor shall remove from the performance of the Project work any employee of
Contractor who is incompetent, discourteous, reckless, destructive, or repeatedly fails
to abide by the specifications of this Agreement.
3. Compensation. The Village agrees to pay the Contractor for the Project work in
accordance with the Proposal within thirty (30) days after completion of such work and
acceptance thereof by the Village.
4. Indemnification. The Contractor shall indemnify, defend, and hold harmless the Village,
its officers, employees and agents, and each of them, against and from any and all claims,
actions, causes of action, demands, liabilities, damages, costs, and expenses, including
without limitation, court costs and attorneys'fees, of whatever nature, which the Village or
any such person, or any third person, may sustain or incur, relating directly or indirectly to
the Contractor's performance of the Project under this Agreement, including without
limitation claims for bodily injury or death to any person, or property damage, loss or
destruction, relating or resulting directly or indirectly to or from Contractor's breach of or
default under this Agreement.
5. Public Safety and Accident Prevention. The Contractor shall exercise precaution at all
times for the protection of persons and property and shall strictly adhere to any safety
requirements established by applicable laws and ordinances. Upon verbal notification from
the Village's representative, the Contractor shall discontinue hazardous work practices as
shall be determined in the sole discretion of the Village. The Contractor shall keep the
necessary guards and protective devices at locations where work is being performed to
prevent injury to the public or damage to public and private property.
6. Insurance. The Contractor shall carry insurance from a carrier approved by the Village,
with policies and in amounts as set forth below. The Village, its officers, employees and
agents shall be named as additional insureds in all such policies of insurance and the
Contractor shall provide a certificate of insurance reflecting the approved insurance.
A. The following shall be the required coverages:
i. Commercial general liability insurance, with limits not less than:
(a) Two million dollars ($2,000,000) for bodily injury or death to each
person;
(b) Two million dollars ($2,000,000) for property damage resulting from
any one incident; and
(c) Two million dollars ($2,000,000)for all other types of liability;
ii. Automobile liability for owned, non-owned and hired vehicles
Combined single limit of one million dollars($1,000,000)for personal injury
and property damage for each accident.
iii. Worker's compensation with statutory limits.
iv. Employer's liability insurance
Not less than one million dollars ($1,000,000) per employee and per accident.
B. The coverages required by this Section may be in any combination of primary,
excess, and/or umbrella policies. Any excess or umbrella policy must provide
excess coverage over underlying insurance on a following-form basis such that
when any loss covered by the primary policy exceeds the limits under the primary
policy, the excess or umbrella policy becomes effective to cover such loss.
C. The Contractor shall provide certificates of insurance to the Village as evidence of
the coverages required in paragraph (A) of this section, including the provisions
for additional named insureds and notice of cancellation,as required in paragraphs
(6) and (D) of this section, respectively. The Contractor shall also provide copies
of any of the policies required by this Section to the Village within ten (10) days
following receipt of a written request therefore from the Village.
D. The insurance policies required by this Section shall contain the following
endorsement:
"It is hereby understood and agreed that this policy may not be canceled nor the
intention not to renew be effective until thirty(30)days after receipt by the Village,
by registered mail or certified mail, return receipt requested, of a written notice
addressed to the Village Manager of such intent to cancel or not to renew."
E. Within ten(10)days after receipt by the Village of said notice, and in no event later
than ten(10)days prior to said cancellation,the Contractor shall obtain and furnish
to the Village evidence of replacement insurance policies meeting the
requirements of this Section.
7. Compliance with Laws. Contractor shall at all times comply with all applicable local,state
or federal regulations, statutes, and ordinances as may relate to the work performed under
this Agreement, including but not limited to the Employment of Illinois Workers on Public
Works Act, 30 ILCS 570/0.01, et seq.; the Drug Free Workplace Act, 30 ILCS 580/1, et
seq.; the Human Rights Act, 775 ILCS 5/1-101, et seq. and the Prevailing Wage Act, 820
ILCS 130/0.01, et seq.; the Veterans Preference Act, 330 ILCS 55/0.01 et seq. The
Contractor shall secure all permits and licenses imposed by law and ordinance, pay all
charges and fees, and give all notices necessary and incidental to the due and lawful
execution of the work provided in this Agreement.
8. Term of Agreement. This Agreement will be in full force starting on the date of
execution, and ending on July 31, 2022.
9. Termination. The Village reserves the right at any time and in its absolute discretion to
terminate the services of the Contractor by giving thirty(30)days prior written notice to the
Contractor. In such event, the Contractor shall be entitled to, and the Village shall
reimburse the Contractor for, an equitable portion of the Contractor's fee based on the
portion of the services completed prior to the effective date of termination.
10. Notices.Any and all notices, demands, requests and other communications necessary or
desirable to be served under this Agreement shall be in writing and shall be either
personally delivered or delivered to the Party or the Party's attorney by (i) facsimile
transmission, (ii) prepaid same-day or overnight delivery service(such as Federal Express
or UPS), with proof of delivery requested, or (iii) United States registered or certified mail,
return receipt requested, postage prepaid, in each case addressed as follows:
To Owner: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Attention: Rick Valent, Public Works Director
To Contractor: Image One Facility Solutions
3601 Algonquin Road, Suite 100
Rolling Meadows, Illinois
Attention: Nicole Reed, Representative
or such other address or addresses or to such other party when any party entitled to receive
notice hereunder may designate for itself from time to time in a written notice served upon
the other parties hereto in accordance herewith. Any notice sent as hereinabove provided
shall be deemed to have been received(i)on the date it is personally delivered, if delivered
in person, (ii) on the date it is electronically transmitted if delivered by facsimile
transmission, (iii) on the first business day after the date it is deposited with the overnight
courier service, if delivered by overnight courier service, or (iv) on the third (3rd) business
day following the postmark date which it bears, if delivered by United States registered or
certified mail, return receipt requested, postage prepaid.
11. Miscellaneous. The provisions which follow shall apply generally to the obligations of the
parties under this Agreement:
A. This Agreement may not be amended except pursuant to a written instrument
signed by both parties.
B. This Agreement is binding upon the successors and assigns of the Parties.
C. The waiver by either party of any breach or violation of any provision of this
agreement shall not be deemed to be a waiver or a continuing waiver of any
subsequent breach or violation of the same or any other provision of this
Agreement.
D. Each of the parties to this Agreement represents and warrants that it has the full
right, power, legal capacity, and authority to enter into and perform its respective
obligations hereunder and that such obligations shall be binding upon such party
without the requirement of the approval or consent of any other person or entity in
connection herewith.
E. This Agreement contains the entire understanding between the Parties with
respect to the subject matter herein. There are no representations, agreements,
or understandings (whether oral or written) between or among the parties relating
to the subject matter of this Agreement, which are not fully expressed herein.
F. This Agreement creates no rights, title or interest in any person or entity
whatsoever(whether under a third party beneficiary theory or otherwise)other than
the Parties.
G. This Agreement may be executed in counterparts. Facsimile signatures shall be
sufficient.
H. Under no circumstances shall this Agreement be construed as one of agency,
partnership, joint venture, or employment between the Parties. The Parties shall
each be solely responsible for the conduct of their respective officers, employees
and agents in connection with the performance of their obligations under this
Agreement.
I. If any conflict exists between this Agreement and any exhibit attached hereto or
any other Agreement between the parties relating to this transaction,the terms of
this Agreement shall prevail.
J. The Contractor acknowledges that it shall, in performing the Services for the
Village under this Agreement, have access,or be directly or indirectly exposed, to
Confidential Information. The Contractor shall hold confidential all Confidential
Information and shall not disclose or use such Confidential Information without the
express prior written consent of the Village. The Contractor shall use reasonable
measures at least as strict as those the Contractor uses to protect its own
confidential information. Such measures shall include,without limitation, requiring
employees and subcontractors of the Contractor to execute a non-disclosure
agreement before obtaining access to Confidential Information.
IN WITNESS WHEREOF, Village and Contractor have caused this Agreement to be executed by
their proper officers the day and date first above written.
Date & `<J'o l
IMAGE ONE FACILITY SOLUTIONS VILLAGE OF OAK BROOK
J mes Kruger grim Village Manager
Its:
Attest: Attest:
Nichote Reed
BY: _. BY:
Charlotte K. Pruss,Village Clerk
EXHIBIT A
(Proposal Dated August 11, 2021)
SERVICE AGREEMENT
This Service Agreement(this "Agreement")is made and entered into on 08/11/2021,between IMAGE ONE
FACILITY SOLUTIONS, INC. ("IMAGE ONE") and Oak Brook Bath& Tennis Club ("CLIENT").
In consideration of the performance of the services specified in this Agreement, the compensation to be paid for those
services, and other good and valuable consideration, the receipt and sufficiency of which is hereby accepted and
acknowledged, it is hereby contracted and agreed as follows:
I.
The premises making up the working areas of this contract will be known as the SERVICED AREAS located at:
SERVICED LOCATION: 800 Oak Brook Rd.,Oak Brook IL
SERVICED AREAS: Clubhouse brides room, clubhouse bar areas, offices areas, clubhouse party rooms,restrooms,
kitchen
IMAGE ONE agrees to furnish all equipment,tools and other paraphernalia necessary to the performance of the
duties, said duties being to maintain the SERVICED AREAS in a neat, clean and orderly condition as outlined, in the
Cleaning Schedule attached hereto and by specific reference made a part hereof.
II.
It is expressly agreed that IMAGE ONE is not and shall not be, during the term hereof, employees of CLIENT but
are independent contractors, and in this regard IMAGE ONE will not be within the protection or coverage of
CLIENT'S Workers' Compensation Insurance and no withholding of Social Security, Federal, or State Income Tax or
other deductions shall be made from the sums agreed to be paid IMAGE ONE herein, the same being contract
payments and not wages.
III.
It is agreed that IMAGE ONE will select all representatives to perform its obligations pursuant to this agreement.
CLIENT warrants, covenants and agrees that during the term of this agreement and within one hundred eighty(180)
days after termination, that they will not employ any employee, agents, associates or franchisees of IMAGE ONE.
IMAGE ONE warrants, covenants and agrees that during the term of this agreement and within one hundred eighty
(180)days after termination, it will not employ any employees, agents, associates or franchisees of CLIENT
IV.
The term of this agreement shall be for one (1)year and thereafter shall automatically be extended under the same
terms and conditions unless terminated by one of the parties in accordance with the terms of this paragraph. This
agreement may be terminated early for non-performance only if the terminating party provides the non-terminating
party with a thirty(30) day written notice stating in specific detail the items regarding which the terminating party
claims non-performance has occurred. Upon receipt by the non-terminating party of the aforementioned notice, the
non-terminating party has fifteen (15)days within which to cure the items regarding which the terminating party
claims non-performance has occurred ("Cure Period"). If the non-terminating party fails to cure the non-performance
within the Cure Period, then this Agreement shall be deemed terminated effective thirty (30) days after the date on
which the non-terminating party received the aforementioned thirty (30)day written notice.
V.
The parties agree and understand that it is impossible to determine the actual damages caused by a breach of this
agreement by CLIENT.Therefore, any amount due and owing under this contract for any remaining part of the term
of this contract shall be accelerated as due and owing in the event of a breach of the obligations to make payments
hereunder. Such acceleration will be liquidated damages due and owing to IMAGE ONE.
VI.
CLIENT Agrees not to withhold any portion of the monthly contract amount for any reason, unless prior written
permission is obtained from IMAGE ONE, as the obligation to make payments hereunder is an independent
obligation. In the event that enforcement of any obligation owed to IMAGE ONE is placed in the hands of an attorney
for collection, compromise or any other action, CLIENT agrees to pay the reasonable attorney's fees, cost and
necessary disbursements in the addition to any other relief that may be granted.
VII.
This contract will be governed by the laws of the state of Illinois. The parties hereto submit to jurisdiction in Dupage
County, IL. All actions brought pursuant to this contract shall be brought in Dupage County, IL. The parties further
agree to service of any action filed in Dupage County, IL via certified mail.
VIII.
Daily hours shall be Monday through Sunday, after 5:00pm. Holidays excepted are New Years Day, Memorial Day,
July 4', Labor Day,Thanksgiving Day, and Christmas Day, unless prior arrangements have been made.
Monthly Cost:
400 Client Provides Consumable Supplies:
(Paper Towels,Toilet Paper, Trash Liners
Weekly Frequency: Hand Soap, etc.)
Ix wkly
Cleaning Days: Thursday Tentative Start: Pool area locker rooms (7 days
wkly from Memorial Day to Labor Day $1358 monthly)
Payments shall be due on the TENTH day of each month for said month's services. A late
charge of 1.5% per month will be assessed on invoices thirty days past due.
This agreement subject to a 3% increase yearly, to be determined at time of renewal
Oak Brook Bath &Tennis Club Authorization Image One Facility Solutions Authorization
Print Name Image One Representative: Nichole Reed
Signature Signature
Date: 08/11/2021 Date: 08/11/2021
Client Phone(630)368-6422
In lieu of signature above, once keys and/or alarm codes have been released
and service has begun, agreement is considered accepted and is in full force.
IMAGE ONE INITIAL
ACILITY SOLUTIONS
Serviced Areas and Tasks Service Frequencies
Oak Brook Bath&Tennis
Offices/Conference Room/Hallways t File and Copy Areas Times!Wk Times!Mo Times/Yr Annually
= x
= a 52
62
52
52
52
62
Entry Areas/Lobby Times l Wk . Times l Mo Times f Yr Annually
s . ��• "ate� 0
Restrooms: Times/Wk Times/Mo Times/Yr Annually
W MMI J 52
52
62
_
AA
52
52
52
62
Kitchen/Bar Areas Times/Wk Times Y Mo Times!Yr Annually
t[aslt. r 52
afl -or as 52
;Of.eabinels l` 52
lssfirFs At stao[ 0
t,
BrIY silks ttf fro Y 52
ire fif of rake._ . t 52
a}i flolc atti(exte[loe of micrQV t 52
Must me p or rraet unr and0amp mop Itgr¢I U01I*B;E 4' G 52
All Party Areas Times/Wk Times!Mo Times/Yr Annually
Bust wtridowsiila and picture framers t 52
Spot clean paol6n§6u,walls,doors,and .'ttt swFtehes 1 62
f Q
h
ez
12
00*
Pool Areas(Memorial Day,Labor Da }
//
IMAGE ONE
.09
,FACILITY SOLUTIONS
A DIFFERENCE YOU CAN SEE
Date: 08/17/2021
Contact: Marianne Long
Company: Oak Brook Bath & Tennis
Address: 800 OakBrook
Oakbrook IL 60523 Phone
Work Order Authorization
Client responsible for moving all furniture and personal belongings out of area or up off of
floor, prior to Image One arrival
IMAGE ONE WILL COMPLETE THE FOLLOWING
This is a price list of the extra cleaning
2 Walk in freezer floor scrubbing - $175
Bridal Suite, 4 restrooms & 2 storage floor scrubbing - $250
Kitchen floor scrubbing -$250
Windows cleaning (inside & Outside)- $600
Each of these can be added to the contract or completed as needed on work order.
Cost: $Varies by the list above
Date Requested for Work to be completed:
Work Authorized By
Printed Name/Title
Image One Representative Nichol Reed
3601 Algonquin Rd• Suite 100•Rolling Meadows, I11.60008•Tel(630)616-1010• Fax(630)616-8060