PSA for Preventative Maintenance for Generators and Fire PumpsVILLAGE OF OAK BR00K
PROFESS10NAL SERVICES ACREEMENT
This ACREEMENT is dated as orthc llth day of February .2022(■4″σσ
"′"′
り,and is by and between thc VILLAGE OF
OAK BR00K 1200 0ok Brook Rond.0■k Brook,Il:inois,60523 an llinois municipal corpora“on(``ni鴨 ●り,and
L10NHEART CRITICAL POヽ 電R SPECIALISTS,13151 Executivc Court,Huntlcy,■linois 60142(``6ο ″S“rra″′')
IN CONSDERAT10N OF the recitals and the mutual covenan、and agreements set Fonh tn the Agreement,and pusuant to thc
Vi∥age's statutOり powcrS,the partics agrec as ro∥ows
SECTION 1. SCOPE OF SERVICES' The Villagc
retains the Consultant to perform, and lhe Consultant agrees to
perform, all necessary sen'ices to perform the uork in
connoction $ith the project identified below (",lenices"),
which Services the Consultant shall provide pusuant lo the
terms and conditions of this Agreement:
2022 Prevntative Maintenonce Semices lot l/illoge'wide
Genetators and Reservoirc A and R Fire Pumps, as morc
fully descibed in the a ached Quototions doted Apil 7'
2021 ond April 15, 2020.
TIME OF PERFORMANCE. The Consultant shall perform
the Services as mutually agreed upon by the Village and
Cr.rrrsultant ( "Iiarc o/ Perlormancea.
SECTION2. COMPENSATION.
A. AS,reemen!- 3!qg!!!. The total amount
billed by the Consultant for the Services under this Agreement
shall not exceed $10,900.00, including reimbursable expenses,
without the prior express written authorization of the Village
Manager.
B. IsE!,-Es!sE!!.-@-Bqis!!!9!. Each
palment by the Village to the Consultant includes all
appticable federal, state, and Village laxes of every kind and
nature applicable to the Services as well as all taxes,
contributions. and premiums for unemploynent insurance, old
age or retirement benefits. pensions, annuities, or similar
benelits and all cosls, royalties, and fees arising Aom the use
of, or the incorporation into, the Services, of patented or
coplrighted equipmert, materials, supplies, tools, appliances.
devices, processes, or inventions. All claim or righl to claim
additional compensation by reason of the palnnent ofany such
tax, contribulion, premiufl, costs, royalties, or fees is hereby
waived and released by Consultant.C1'avmenl of Acreement Amount
Payments shall be made pursuant to the terms ofthe Local
Govemment Prompl Payment At, 50 ILCS 505/3 et.se4.
SECTION3. REPRDSENTATIONS OF
CONSULTANT. The Consultant represents and certifies that
the Services shall be performed in accordance with ihe
standards of professional practice, carc, and diligence
practiced by recognized consultants in performing services of
a similar nature in existence at the Time of Performance The
representations and certifications expressed shall be in
addition to any other representations and cerlifications
expressed in this Agreement, or expressed or implied hy law,
which are hereby reserved unto the Village.
The Consultant funher represents that it is financially solvent,
has the necessary financial resources, and is sufficiently
experienced and competent to perform and complete the
Services in a manner consistent with the standards of
professional practice by recognized consultants providing
services ofa similar nature. The Consultant shall provide all
persoruEl necessary to complete the Services.
SECTION4. INDEMNIFICATION: INSURANCE:
LIABILITI"
A. Indemnltlcstion. I'he Consultant proposes
and agrees that the Consultant shall indernnify and save
harmless the Village against all damages, liability, claims,
losses, and expenses (including artomeys' fee) that may arise.
or be alleged to have arisen, out of or in connection with the
Consultant's performance of, or failure to perform, the
Services or any parl thereof, or any failure to meet the
representations and certifications set forth in Section 4 of this
Agreement.
B. Insurrpce. The Consultart ackno\rledges
and agrees that the Consultant shall, and has a duty to;
maintain adequate insurance, in an amount, and in a form and
from companies, acceplable to lhe village, as per Title I
Chapter 8 of the Village Code. The Consultant's maintenance
of adequate insurance shall not be construed in any way as a
limitation on the Consultant's liability for losses or damages
under this Agreement.
C. No Pcrsonal Lhbllitv. No elected or
appoiDted official or employee of the Village shall be
personally liable, in law or in contract, to the Consultant as lhe
rcsult ofthe execution of this Agreemen(.
SECT10N 5.GENERAL PROVISIONS.
A. Relationship of the Parties. The
Consultant shall act as an independent contractor in providing
and performing the Services. Nothing in, nor done pursuant
to, this Agreement shall be construed to: (l) create the
relationship of principal and agent, employer and employee,
partners, or joint venturers between the Village and
Consultant; or (2) to create any relationship between the
Village and any subcontractor of the Contractor.
B. Conflicts of Interest. The Consultant
r€presents and certifies that, to the best of its knowledge: (1)
no Village employee or officer or agent is interested in the
business of the Consultant or this Agreement; (2) as of the
date of this Agreement, neither the Consultant nor any person
employed or associated with the Consultant has any interest
that would conflict in any manner or degree with the
performance of the obligations under this Agreement; and (3)
neither the Consultant nor any person employed by or
associated with the Consultant shall at any time during the
term of this Agreement obtain or acquire any interest that
would conflict in any manner or degree with the performance
of the obligations under this Agreement.
C. No Collusion. The Consultant represents
and certifies that the Consultant is not barred from contracting
with a unit of state or local government as a result of (l) a
delinquency in the payment of any tax administered by the
Illinois Department of Revenue unless the Consultant is
contesting, in accordance with the procedures established by
the appropriate revenue act, its liability for the tax or the
amount of the tax, as set forth in Section ll-42.1-l et seq. of
the Illinois Municipal Code, 65 ILCS 5/11-42.1-l et seq.; or
(2) a violation of either Section 33E-3 or Section 338-4 of
Article 33E of the Criminal Code of 1961 , 720 ILCS 5/33E- I
et seq. If at any time it shall be found that the Consultant
has, in procuring this Agreement, colluded with any other
person, firm, or corporation, then the Consultant shall be liable
to the Village for all loss or damage that the Village may
suffer, and this Agreement shall, at the Village's option, be
null and void.
D. Termination. Notwithstanding any other
provision hereof, the Village may terminate this Agreement at
any time upon 15 days prior written notice to the Consultant.
In the event that this Agreement is so terminated, the
Consultant shall be paid for Services actually performed and
reimbursable expenses actually incurred, if any, prior to
termination, not exceeding the value of the Services
completed.
E. Compliance with Laws and Grants.
Consultant shall give all notices, pay all fees, and take all
other action that may be necessary to ensure that the Services
are provided, performed, and completed in accordance with all
required governmental permits, licenses, or other approvals
and authorizations that may be required in connection with
providing, performing, and completing the Services, and with
all applicable statutes, ordinances, rules, and regulations,
including without limitation the Fair Labor Standards Act; any
statutes regarding qualification to do business; any statutes
prohibiting discrimination because of, or requiring affirmative
action based on, race, creed, color, national origin. age, sex, or
other prohibited classihcation, including, without limitation,
the Americans with Disabilities Act of 1990, 42 U.S.C. $$
12101 et seq., and the Illinois Human Rights Act, 775 ILCS
5/l-101 et seq. Consultant shall also comply with all
conditions of any federal, state, or local grant received by the
Village or Consultant with respect to this Contract or the
Services. Consultant shall be solely liable for any fines or
civil penalties that are imposed by any governmental or quasi-
governmental agency or body that may arise, or be alleged to
have arisen, out of or in connection with Consultant's, or its
subcontractors, performance of, or failure to perform, the
Services or any part thereof. Every provision of law required
by law to be inserted into this Contract shall be deemed to be
inserted herein.
F. Default. If it should appear at any time that
the Consultant has failed or refused to prosecute, or has
delayed in the prosecution of, the Services with diligence at a
rate that assures completion of the Services in full compliance
with the requirements of this Agreement, or has otherwise
failed, refused, or delayed to perform or satisfy the Services or
any other requirement of this Agreement ("Event of
Default'), and fails to cure any such Event of Default within
ten business days after the Consultant's receipt of written
notice of such Event of Default from the Village, then the
Village shall have the right, without prejudice to any other
remedies provided by law or equity, to (l) terminate this
Agreement without liability for further payment; or (2)
withhold from any payment or recover from the Consultant,
any and all costs, including attorneys' fees and administrative
expenses, incurred by the Village as the result of any Event of
Default by the Consultant or as a result of actions taken by the
Village in response to any Event of Default by the Consultant.
G. Assienment. This Agreement may not be
assigned by the Village or by the Consultant without the prior
written consent of the other party.
H. Notice. A1l notices required or permitted to
be given under this Agreement shall be in writing and shall be
delivered: (l) personally; (2)by a reputable overnight courier;
(3) by certified mail, return receipt requested, and deposited in
the U.S. Mail, postage prepaid; or by (4) electronic notice with
evidence of delivery. Unless otherwise expressly provided in
this Agreement, notices shall be deemed received upon the
earlier of: (a) actual receipt; (b) one business day after deposit
u,ilh an ovenight courier as evidcnced by a receipt ofdeposit;
or (c) three business days following deposit in the U.S. nlail,
as cvidenced by a rctum rcceipl, Nolices and communicalions
to thc Village shall be addressed lo, and delivered al, the
following address;
Villagc ofOak Brook
1200 Oak Brook Road
Oak Brook lllinois 60523
Al(cntionr Rick Valent, Public \\forks
Director
Notices and communications lo lhe Consullant shall be
addressed to, and delitered at,lhe following address:
Lionheart Crilical Power Specialists, Inc.
l3l5l Executive Coun
Huntley, ltlinois 60142
Altenlion: ClilIHunter, Soles MaDager
I. Udy€r. Neither the Village nor the
Consultant shall be under any obligation to exercisc any of the
rights gmnted to them in this Agreement except as it shall
de(ermine to be in its b€s{ inlerest ftom time to time. The
failure of the Village or thc Consullant to exercise at any lime
any such rights shall not be deemed or consttued as a \l'aiver
ofthat right, nor shall the failure void or affect thc Villagc's or
the Consultanl's right to enforce such rights or any othcr
rights.
.t. Thlrd Partv Benellclrrv. No claim as a
third party beneficiary under this Agreemenl by any person,
ATTEST:
ATTESr
finn, or corpomlion shall bc made or hc valid againsl lhc
Village.
K, Conflictsr Erhibits. If any term or
provision in ihis Ageemcnt conflicls \\'ilh any tenn or
provision of an atlachmcnt or exhibit lo this Agrcement, thc
terms and provisions ofthis Agreement shall control.
L. Goverrltrq Lr$s. This Agreement ond thc
rights of Onner and CoDsultanl under (his Agreement sholl be
interpre(ed according to (he intemal laws, but noi the conflicl
of larvs nrles, of the State of lllinois; the venue for atty legal
action arising in connection \r'ith lhis Agreemenl shall he in
lhe Circuit Cou( ofDuPage County, lllinois.
Il. No Illsclosure of Confidentisl Informrtion br
$!.]g9!!!!X!!!. Confidenlial information mcans all nraterial,
non-public, business-relalcd infonnation, \tillcn or oral,
whether or not it is marked lhat is disclosed or made ovailable
to lhc Consuhant, directly or indircclly, (kough any meons of
communication or observalion. The Consultant acknou4edges
lhat it shall, in performing (he Sen'ices for the Village under
lhis Agreemenl, have access, or be direclly or indirectly
exposed, to Confidential lrformation. The Comultant shall
hold conlidential all Confidential Informalion and shall not
disclose or use such Confidential Information without the
cxpress prior wrilten consell of thc Village. Thc Consullalt
shall use reasonable mealures al least as stdcl as fiose lhc
Consultant uses lo prolect its own confiden(ial informalion.
Such measures shall include, \ithout limitation, requiring
cmployees and subcontraclors of the Consultant lo excculc a
non-disclosure agreement bcfore obtaining access to
Con fi dential Information.
VlLLACE OF O人 K BR00K
Charlolte Pruss, Village
11‐2022
EXHIBIT A
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Quote Number
Revised From
Quote Date
Contract Start Date
Contract End Date
Q‐00063073
Q‐00062260
04/07/2021
06/01/2022
05/31/2023
Proposal
Doug Hroba
Village of Oak Brook
1200 Oak Brook Rd
Oak Brook, lL 60523-2203
Hi Doug,
Thank you for the opportunity to maintain critical equipment vital to your business. I have provided a scope of work and costs below for
preventative maintenance services. Please call if you need changes to the scope of work or have any questions about this proposal.
Thank you for choosing to rely on the people at LionHeart.
Scope of Work: Preventative Maintenance Services & Estimated Cost Line Totai QTY Extended Total
Q‐00063074
June 2022 Service
1200 0ak Brook
Cenerator Levei l inspection:4320 Pub∥c Worksノ Fire Station 94
#EE10H706444
1200 0ak Brook
Cenerator Leve:2 Maintenance:4321 Vi:iage of Ha∥#06R0595431
(1)ATST ATS Testing
1200 0ak Brook
2¨Hr Load Bank ttesting:25%for 30mn;500/Ofor 30mn;75%for l hr:4321 Vi∥age
of Ha∥#06R0595431
1915 York
Fire Pump Engine Levei 2 Maintenance:60Al Reservoir A Fire Pump#60527433
2710 Meyers
Fire Pump Engine Levei 2 Maintenance:60Bl Reservoir B Fire Pump(Scania)
#5093408
2710 Meyers
Cenerator Leve1 2 Maintenance:60B2ReseⅣoir B#TP9E00241
(1)ATST ATS Testing
2710 Meyers
2¨Hr Load Bank Testing:25%for 30mn:50°/Ofor 30mn;75%for l hr:60B2
Reservoir B#TP9E00241
725 Enterprise
Cenerator Leve1 2 Maintenance:4322 Fire Station 93#21729‐1・ 04‐98
(1)ATST ATS Testing
725 Enterprise
2・ Hr Load Bank Testing:25%for 30mn;500/Ofor 30mn;75%for lhr:4322 Fire
Station 93#21729‐1…04‐98
800 0ak Brook
Generator Levei l:nspection:4323 Bath&Tennis#G9188003093
LabOr′ηc′υdわ g fraverls 9υ Ored ar Regυ ノar Tllme,ル ■F r7a177-3ρ
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リ
Sub Total
Sales Tax
Freight
Total $6,14200
S360.00
$695.00
$671.00
S876.00
$876.00
$567.00
$567.00
$567.00
$603.00
$360.00
$6,142.00
Exempt
Notinc:uded
S6,142.00
Q…00063075
December 2022 Service
1200 0ak Brook
Cenerator Levei 2 Maintenance:4320 Public Works′Fire Station 94
#EEiOH706444
(1)AttST ATS Testing
1200 0ak Brook
13151 Executive Court Huntley,IL 60142
Main/Emergency 847/291‐1413 Fax 815/338-7143Page 1 of 2
$84000
LiONHEAR丁CRITICAL POWER SPECiALIST5
LiONHEARTCRITICAt POWEP SpECIAL:ST5
2-Hr Load Bank Testing:25o/o lor 30mn; 50% for 30mn; 75o/o lor t hr: 4320 Public
Works / Fire Station 94 #EE|OH706444
1200 Oak Brook
Generator Level 1 lnspection: 4321 Village of Hall #06R0595431
1915 York
Fire Pump Engine Level 1 lnspection: 60Al Reservoir A Fire Pump #60527433
2710 Meyers
Fire Pump Engine Level 1 lnspection: 6081 Reservoir B Fire Pump (Scania)
#5093408
2710 Meyers
Generator Level 1 lnspection:
725 Enterprise
Generator Level 1 lnspection:
800 Oak Brook
Generator Leve1 2 Maintenance:4323 Bath&Tennis#G9188003093
(1)ATST ATS Testing
800 0ak Brook
2‐Hr Load Bank Testing:25%for 30mn;500/Ofor 30mn;75%for lhr:4323 Bath&
Tennis#G9188003093
とaborわ clJdわ g rrave′ls 9υ Ored ar Regυ rar Trme,M‐F r7am-3ρ 177j
Sub Total
Sales Tax
Freight
Total
60B2Reservoir B#TP9E00241
4322 Fire Station 93#21729‐1‐04‐98
Quote Number
Revised From
Quote Date
Contrad Start Date
Contrad End Date
$660.00
$360.00
S36000
$360.00
$360.00
$360.00
$788.00
$670.00
$4,758.00
Exempt
Not:nc:uded
S4,758.00 1
Q-00063073
Q‐00062260
04/07/2021
06/01/2022
05/31/2023
$4,75800
Quote Totai $10,900.00
LionHeart Field Service Engineers are required to test your equipment during service. Please ensure testing is allowed during the designated work hours and
contact me with any questions.
Tax Exempt. Freight Not lncluded. Additional charges for freight and taxes may apply, if not included in the quoted total above. lf expedited shipping is needed,
additional freight charges will apply.
This estimate is valid for 30 days from quote date. Payment terms are Net 30. Finance charges will be assessed on past due accounts at the rate of '1.5% per
month. Payment to LIONHEART CRITICAL POWER SPECIALISTS,INC. shall not be contingent upon third party payment to the purchaser. This estimate does
not represent a contract for services; it is based on our evaluation of the requirements to complete the scope of work and does not include additional labor or
materials required for unforeseen issues. Parts availability to be determined at time of order.
Sincerely,
Cliff Hunter
Sales Manager
Cell: (630) 303-3964
Cliff.Hunter@LHCPS.com
Acceptance Date
13151 Execu∥ve Court Huntley,IL 60142
Main/Emergency 847/291‐1413 Fax 815/338-7143Page 2 ot 2
LiONHEAnl
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Sl,703.00
31,00500
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Laborr0o.y dlan lyi!: SE.m pargcn ?.lor
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(630)30"964(∞り
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Accaptencc Approval
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13151-utive Court,Hunttey,:L60142
Date
EXITIBIT B
( I N SITRANCE RAQI]IREMENTS)
Ceftificates of lnsuame eball be preeented to the VillagB rpon erecution of .lrir contract rnd wndor ehall Dot
commence work until it providee and receivee acceptance of inrurance certifcatcr ftom tbe Vilege as Equired by
thb exhibit.
Each cootrac'tu per&ming any work pureuant to I conhact witlt tle Vilagr of Oal BroL and each pemitrce
w@Lit g urder a pemit as r:quired pursuant to the proviaione of lltle I of Ch.pter 8 of thc Codc of HintDcs! of
the Village of Oak BrcoL (hereinafter refurred to as {nsund') qhrll be lrquit€d to carry such insuratre aa
spoeiild hercin. Srrh contracto and Frtnitt€e shall ptocule aDd maintain frr the duretin d tha @ntlect G
penit ineurane against daime for iqiurbe to pemons or danages to prqerty *,hidr nay ariee fim or in
coDnectim ritb tlle perfcoance of tlre rorl under the contrast r,' flerDit, eitlter by tle mhactor, pcrmittae, r
their agente, rcplesentatirnr, emplryeeo c subcotrtroc-tCs.
A contractor or pcrmitlec .hall Eaintain insumnce sith limita no b86 i,han:
A. General Liability - 82,0fl),flX1 conbined airgle liEit p€r occunene for bodib iqiury, parond iniury and
Ptlperty 'lrrtegE'
B. Automobile Liability (if applicable) . $1,0m,(m cmbioed eingle linit Per aeid€Dt for bodib r:Uury end
pmpcrty daoagc;
C. \:Yorkert Compeneation and Eoploye/e Ijability - Wcler'a Compenration limite ae required by tlp tabor
Code of th€ Strte of Illinoie and Employer'a Inb ity limits of tl,flD,fl[ per accidcnt.
Any deilrrtiblea or ctr-insured Etention must be d.dand to end aapoved by the VilLeF. At the oPtion of tlre
Viliagr, either the inourer ehall reduce or elininah ruch dedrr-tible c elf-ineur:d letrDtim ar reapec'te tlr
Vinage, it3 ofioera, oficialg, enployeee and vohmieere; o the Innr:ed ohall pmcrut a bod guarant eiA
paynlcnt of loc*e ard related inveatigationa, deill adminictrltion anrl rLfroe erp€D*. to tbe erbnt of axh
deiluctiblo or celf-ingurcd Etention.
The policiee ehall contain, or be endceed to contain, the follorring prwirione:
D- Genersl Liability and Auionobile Lirbility Cownge '
(l)The ViUage, ia odEcers, otEciala, emplqees and voluntrers are to be @rered ao rddldond lnruro& es'
reryecta: liability erbiry out of activitieo perbrmcd by o on behalf of the Inaureil; prerai*s owDrd,
*"ier.a or u16d by the Insured. 'Ite coverage ahall contain no special tinitrtions on tle ecqe of
protection afiorded to tlre VillaSe, ite o6cers, officials, enphyees, volunteers, or ttents.
(2),Ihe lnrrtl.ed,s ingurance coverage ahall be prirnary insurance a8 rc€pects the Village, its ofie's,
o6dals, employeee, votunteere and agenk. Any insunnce o eelf-insurarrc naintaired by the
Village, ite o6cerg, o6cials, employeee, volunteera or a8enta ehall be in erceoe of tlre lagured'e
inlurance and rhall not contribut€ rith it.
(A)Any failure to comply with reporting proviaione of the policiea thall not 8frect coverage providd to the
Village, itr offcers, ofhciab, employeee, volutrtcer€ or agtnts.
(4)The lnaued's inaurance ehall apply separately to each cowr:d party against a'|rcm chic' ie made or
Buit is brouSht ercept with respect to the limits ofthe in8urer'e liability.
E. Worker'e Compeneation and Employer'e Lisbilrty Coi"erap
T'tre policy ehall waive all rights of eubrogation againrt the Village, its officera, oficiale, employees,