R-1379 - 06/10/2014 - CONTRACTS - Resolutions RESOLUTION 2014-JS-AG-R-1379
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION
OF AN AMENDMENT TO THE JANITORIAL SERVICES AGREEMENT BY AND BETWEEN
THE VILLAGE OF OAK BROOK AND PERFECT CLEANING SERVICE CORPORATION
WHEREAS, in 2011, the Village and Perfect Cleaning Service Corporation ("Perfect Cleaning")
entered into an agreement for the provision of certain Janitorial services to the Village ("Agreement");
and
WHEREAS, the Agreement is set to end on July 31, 2014 unless the term of the Agreement is
extended; and
WHEREAS, the Agreement provides that the Agreement may be extended for up to two
additional years upon the mutual agreement of the Village and Perfect Cleaning; and
WHEREAS, the Village and Perfect Cleaning desire amend the Agreement to, among other
things, extend the Agreement for one additional year; and
WHEREAS, the President and Board of Trustees have determined that it is in the best interests of
the Village to amend the Agreement pursuant to the amendment attached to this Resolution as Exhibit A
("Amendment").
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of the Amendment. The President and Board of Trustees hereby
approve the Amendment by and between the Village and Perfect Cleaning in a form substantially the
same as attached to this Resolution as Exhibit A and in final form acceptable to the Village Manager.
Section 3: Authorization and Execution of the Amendment. The Village President and
Village Clerk shall be, and hereby are, authorized to execute the Amendment after receipt of the final
Amendment fully executed by Perfect Cleaners.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2014-JS-AG-R-1379
Approving an Amendment to the Janitorial Services Agreement
Page 2 of 3
APPROVED THIS 10th day of June, 2014.
1
r
Gopal G. Lalmalani
Village President
PASSED THIS 10th day of June, 2014.
Ayes: Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf
Nays:
None
Absent: None
ATTEST:
I' Mfrei i
Charlotte K. Pruss
h I <
Village Clerk
Resolution 2014-JS-AG-R-1379
Approving an Amendment to the Janitorial Services Agreement
Page 3 of 3
EXHIBIT A
AMENDMENT TO THE JANITORIAL SERVICES AGREEMENT
AMENDMENT TO
JANITORIAL SERVICES AGREEMENT
THIS AME ZIENT TO JANITORIAL SERVICES AGREEMENT ("Amendment")
is made as of this JLJ day of June, 2014, by and between PERFECT CLEANING SERVICE
CORPORATION ("Contractor"), and the VILLAGE OF OAK BROOK, ILLINOIS
("Village").
RECITALS
WHEREAS, Contractor and the Village entered into a certain Janitorial Services •
Agreement dated July 12, 2011 ("Agreement"), pursuant to which the Village agreed to obtain
from Contractor, and Contractor agreed to provide the Village,Janitorial Services, as that term is
defined in the Agreement.
WHEREAS,the term of the Agreement ends on July 31, 2014.
WHEREAS, pursuant to paragraph 8 of the Agreement, the Parties may extend•the
Agreement for two additional years upon the mutual agreement of the Parties.
WHEREAS, the Parties desire to extend the Agreement for one additional year pursuant
to the terms of this Amendment.
NOW THEREFORE, for and in consideration of the recitals set forth above and other
good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby
acknowledged,the Parties hereto agree as follows:
'A. Amendment of Paragraph 8 of the Agreement. Contractor and the Village
acknowledge and agree that Paragraph 8 of the Agreement shall be amended and replaced
with the following:
"This Agreement will be in full force from August 1, 2011 through July 31, 2015.
However, if mutually agreed upon, the Agreement may be extended for an additional
year. The Village reserves the right at any time and its absolute discretion to change
weekly service from 5 days to 3 days a week at the Butler Government Center and Public
Works Buildings by giving seven(7) days prior written notice to the Contractor."
B. Compliance with Village Identification Card Policy. Contractor and the Village
acknowledge and agree that the Agreement shall be amended to add a new Paragraph 12
as follows:
"12. Compliance with Village Identification Card Policy. All personnel of
Contractor that enters onto Village property to provide Janitorial Services must: (i) be
eligible to obtain, and obtain, a Village identification card pursuant to the Village's
Identification Card Policy, which policy the Village may amend at any time and in its
absolute and sole discretion; and (ii) comply at all times with the Village's Identification
Card Policy."
C. Background Check. Contractor and the Village acknowledge and agree that the
Agreement shall be amended to add a new Paragraph 13 as follows:
"Due to the fact that the Contractor's employees may have access to secure areas
of Village Property, including, without limitation, the Village Police and Fire
Departments, and the Village has a strong interest in keeping these areas, and
highly sensitive and confidential information contained therein, secure, Contractor
shall obtain a consumer report(as that term is defined in the Fair Credit Reporting
Act) for each of Contractor's personnel assigned to provide the Janitorial Services
on Village property. The consumer report required in this paragraph shall consist
of, at a minimum, a criminal conviction history for at least the seven year period
prior to the date of this Agreement. The criminal conviction history shall consist
of, at a minimum, a search of the National Sex Offender Public Registry; the sex
offender registries for Illinois, Indiana, Iowa and Wisconsin; criminal conviction
searches for the states of Illinois, Indiana, Iowa and Wisconsin; and criminal
conviction searches for the Illinois counties of DuPage, Cook, Lake, Kane and
Will. Contractor shall be solely responsible for (i) making all employment
decisions based on the consumer reports it receives; (ii) complying with all
applicable laws (including, without limitation,the Fair Credit Reporting Act); and
(iii) the costs of obtaining the consumer reports. Notwithstanding the foregoing,
Contractor shall not permit any individuals to render the Janitorial Services on
Village property whom are objectively unfit to work on Village property.
Contractor shall maintain and retain all consumer reports obtained pursuant to this
paragraph throughout the term of this Agreement and for the two year period
following the end of the term of this Agreement. Upon request by the Village,
Contractor shall produce a copy of a consumer report for a specific individual to
the Village within two days of the request.
The Contractor further acknowledges and agrees that pursuant to the Village's
Identification Card Policy, the Village may conduct its own criminal background
check on Contractor's personnel who apply for, or have been given, a Village
identification card. If the Village denies or revokes and identification card to a
particular employee of Contractor, Contractor shall not use that individual to
provide Janitorial Services to the Village."
D. Documentation of Contractor Personnel. Contractor and the Village
acknowledge and agree that the Agreement shall be amended to add a new
Paragraph 14 as follows:
"Contractor represents and warrants that its personnel who provide Janitorial
Services to the Village are permitted to lawfully work in the United States."
E. Termination of Agreement. Contractor and the Village acknowledge and agree
that the Agreement shall be amended to add a new Paragraph 15 as follows:
"Notwithstanding anything to the contrary in Paragraph 9 of this Agreement, the
Village shall have the right, without prejudice to any other remedies provided by
law or equity, to immediately terminate this Agreement without liability for
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further payment of amounts due or to become due under this Agreement if
Contractor or any of its personnel fail to comply with paragraphs 12, 13, or 14 of
this Agreement."
All such fully executed original counterparts will collectively constitute a single
agreement. Each counterpart may be delivered by pdf transmission.
IN WITNESS WHEREOF, Contractor and the Village have respectively executed this
Amendment to be effective as of the date first above written.
Perfect Cleaning Service Corporation,
an Illino'. corporation
By b
Name: &3t (5OL00,, Q, -
Title: L
VILLAGE OF OAK BROOK
I F
By:
Gopal Lalmalani, Village President
ATTEST:
By: Jam'
Charlotte Pruss,Village Clerk
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