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R-1938 - 12/14/2021 - BATH & TENNIS - Resolutions THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION NUMBER 2021-B&T-SC-CTMAINT-AG-R-1938 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND C.R. PETERSON, INC. FOR 2022 TENNIS COURT SPRING MAINTENANCE GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk LAURENCE HERMAN MICHAEL MANZO JAMES NAGLE A. SURESH REDDY EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 141h day of December 2021 RESOLUTION NO. 2021-B&T-SC-CTMAINT-AG-R-1938 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND C.R. PETERSON, INC. FOR 2022 TENNIS COURT SPRING MAINTENANCE WHEREAS, the Village of Oak Brook is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS, the Village of Oak Brook (hereinafter referred to as "Village") upon approval of the corporate authorities may enter into a contract with another party pursuant to Illinois Statute; WHEREAS, C.R. Peterson, Inc. (hereinafter referred to as "Company") specializes in the maintenance and surfacing of tennis courts and has provided maintenance services on the Village's tennis courts over the past several seasons; WHEREAS, the Village has been extremely satisfied with the past services provided by Company and recognizes the speciality in that Company has the requisite knowledge of the Village's tennis courts and the Village's expections related thereto; WHEREAS, the Village recognizes the current issues relating to the supply chain and potential for delays, Company has informed the Village that it currently has the supplies in inventory and will be able to meet the required timeline provided it has a commitment from the Village; and WHEREAS, the Village of Oak Brook Corporate Authorities are of the opinion that it is in the best interests of the Village of Oak Brook to enter into the attached contract with C.R. Peterson, Inc. for the purposes referenced herein. NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows: Section One — Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this resolution are full, true and correct and do hereby, by reference, incorporate and make them part of this resolution as legislative findings. Section Two—Approval of Contract The Village hereby approves the contract substantially in the form attached hereto and made a part hereof collectively as Exhibit A. 2 Section Three—Authorization and Direction The Village Manager is hereby authorized to execute, and the Village Clerk is hereby authorized to attest the contract, substantially in the form of such contract attached hereto as Exhibit A, with such changes therein as shall be approved by the Village Attorney and the officials of the Village executing the same, their execution thereof to constitute exclusive evidence of their approval to any and all changes or revisions therein from and after the execution and delivery of such contract. Section Four- Other Actions Authorized The officers, employees and/or agents of the Village shall take all actions necessary or reasonably required to carry out and give effect to the intent of this resolution and otherwise to consummate the transactions contemplated herein, and shall take all actions necessary in conformity therewith including, without limitation, the execution and delivery of all documents required to be delivered in connection with the transaction contemplated herein. Section Five - Authorization of Expenditures The Corporate Authorities hereby authorize and direct the expenditure of all costs related to the execution of the contract, additionally, the Village is authorized and directed to allocate and spend all necessary funds to fulfill the requirements of the contract and of this resolution. Section Six—Waiver of Bidding Process To the extent that any requirement of bidding would be applicable to the transactions contemplated hereunder, the same is hereby waived. Section Seven -Acts of Village Officials That all past, present and future acts and doings of the officials of the Village that are in conformity with the purpose and intent of this resolution are hereby, in all respects, ratified, approved, authorized and confirmed. Section Eight— Prevailing Wage Act The successful bidder shall be required to comply with all of the terms and conditions of the Illinois Prevailing Wage Act, to the extent that it applies. Section Nine— Effective Date This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law; provided, however, this resolution shall not take effect until the Consent (a copy of which is attached hereto and made a part hereof as Exhibit B) is executed by the successful bidder, thereby memorializing its understanding of the requirements of Prevailing Wage Act and indemnifying the Village with respect to any violation of said Act. If the Consent is not executed within sixty (60) days after passage and approval of this resolution, this resolution shall be void and of no force or effect, and any such approvals contained herein shall hereby be terminated. 3 Section Ten - Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Eleven —Conflict Clause All resolutions, parts of resolutions or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section Twelve —Saving Clause If any section, paragraph, clause or provision of this resolution is declared by a court of law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution, which are hereby declared to be separable. Section Thirteen—Recording This resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. PASSED THIS 14th day of December 2021. Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf Ayes: Nays: None Absent: None APPROVED THIS 14th day of December 2021. , Gopal G. Lalmalani Village President ATTEST: IV ` 'P `( a Charlotte K. Pruss a :: Village Clerk 0 .�C' v� 4 Exhibit A Contact 5 Exhibit B Consent The undersigned, as the authorized representative for , (hereinafter referred to as the "Successful Bidder"), having read a copy of this resolution in full, do hereby understand the terms and conditions of the contract and the related requirements of the Prevailing Wage Act and hereby accept, concur, and agree to comply with all of the requirements thereunder including but not limited to the Prevailing Wage Act to the extent that it may apply. In addition, the Successful Bidder further agrees to fully indemnify and hold harmless the Village of Oak Brook for any and all liabilities and/or penalties that may be assessed for any violation that may be assessed or charged pursuant to the Prevailing Wage Act. The Successful Bidder further agrees to pay any and all of the Village of Oak Brook's attorney's fees associated with any defense associated with an alleged violation of the Prevailing Wage Act that may arise as result of the award of this contract/project and the work performed by the Successful Bidder thereunder. This consent shall be binding upon all parties in interest and all successors and assigns. DATED this day of 20 By: Its: SUBSCRIBED AND SWORN to before me this day of 20 (SEAL) Notary Public 6 �y 1 REVIEW OF CONTRACTS Awardin ncy: of ontract: Dep e ; Program/Account Number: Awarded Contract Price: Budgeted Amount: p,. Under $20,000 [] $500,001 - $1,000,000 I $20,000 - $500,000 �] Over $1,000,000 i Name: Date: J Name: Date: 122 Name: Date: Name: Date: 1-413J2 Three (3) Originals signed by other party Date/Initials [_] Original provided to staff member for other party Date/Initials 1 Original provided to Official Files Date/Initials Village of Oak Brook I Approved by Board of Trustees- Date/Initials:-__