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R-1379 - 06/10/2014 - CONTRACTS - Resolutions Supporting Documents ITEM 6.F.4) oAk ,447,4= Nts.ieti,IFieZ .110,4. 0 0411)72 ais '",," MEI 11111 y•itr- 0 t to CoirP1 } AGENDA ITEM Regular Board of Trustees Meeting of 3/23/10 SUBJECT: Contract Renewal; Janitorial Services FROM: Mike Hullihan,Director of Public Works BUDGET SOURCE/BUDGET IMPACT: Program 321 Buildings and Grounds. $35,000 is included in the FY-14 budget . RECOMMENDED MOTION: I move that staff be authorized to execute a contract extension with Perfect Cleaning Inc. for a period of 1 year at existing fee schedule. Backgrounddlistorv: This contract was originally awarded in 2011 and will expire on July 1, 2014. A request for proposal was issued in 2010 which led to the selection of Perfect Cleaning from a field of seven firms. The evaluation took into account both price and other service factors. The vendor has proven to be responsive to direction and has largely met standards. The contract provides for up to two extensions of one year per extension. The vendor has offered to maintain the pricing at the 2014 rate through July of 2015. Recently the issues of security and access control have been raised by various departments. The attached letter of extension includes provisions for screening and credentialing janitorial employees. Recommendation: That staff be authorized to execute a contract extension of one year for janitorial services. Oe„..„,m Last saved by tnhullihan CALIsers\kvonachen1AppData\Local\Microsoft\Windows\TemPorary Internet Files\Content.Outiook\OCFF7XWB\janitorial 2014.docx Last printed 6/4/2014 3.11 PM 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. Gopal G. Lalmalani Village President PASSED THIS 10th day of June, 2014. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss 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 AMENDMENT TO JANITORIAL SERVICES AGREEMENT ("Amendment") is made as of this 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 #30348805_v1 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 Illinois corporation By Name: Title: VILLAGE OF OAK BROOK By: Gopal Lalmalani, Village President ATTEST: By: Charlotte Pruss, Village Clerk #30348805_v1 III Pc fIiW PERFECT CLEANING SERVICE,INC. Re: Village of Oakbrook Janitorial Services Contract June 3,2014 To whom it may concern: Perfect Cleaning Service would like to thank the Village of Oakbrook for the continued business relationship with our company. We are very grateful for the opportunity to serve your needs. Perfect Cleaning Service Corp would also like the opportunity to extend janitorial service's at the Village. of Oakbrook municipal buildings without any increase in monthly service price for an additional year. Pricing and scope of work shall prevail. Village of Oakbrook Perfect Cleaning Service 5852 N. Northwest Highway Chicago, Illinois 60631 Tel 773-774-7800 Fax 773-631-4880