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IGA County of DuPage & VOB -Mowing Along County Roads 04-22-2008 R E S O L U T I O N DT-0017-08 MOWING CONTRACT BETWEEN THE COUNTY OF DU PAGE AND THE VILLAGE OF OAK BROOK (COUNTY COST: $4, 753 . 00 per year for three years) WHEREAS, it is in the public interest that the County of DuPage enter into an Intergovernmental Agreement for mowing of grass, weeds and other vegetation growing along the roads and right of ways under the jurisdiction of the County of DuPage; and WHEREAS, the County Board has examined the Agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED by the County Board of the County of DuPage as follows : 1 . That the "INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DU PAGE AND THE VILLAGE OF OAK BROOK FOR MOWING ALONG COUNTY ROADS AND RIGHTS OF WAY" be attached hereto and made a part of this resolution. 2 . That the signatures of the Village of Oak Brook Village Manager and the Village Clerk are affixed on said Agreement, and that the Agreement be hereby ratified by the County Board of the County of DuPage. 3 . That the County Board Chairman and the County Clerk execute this Agreement on behalf of the County Board. BE IT FURTHER RESOLVED tJR unty Clerk transmit a duplicate original of this Rend Agreement to the Village of Oak Brook through the Divisioportation. Enacted and approved thi of April, 2008 at Wheaton, Illinois . Schillerstrom, Chairman unty Board I ATTEST: Ayes: 16 Gary A. ing, County erk Absent: 2 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DU PAGE AND THE VILLAGE OF OAK BROOK FOR MOWING ALONG COUNTY ROADS AND RIGHTS OF WAY This intergovernmental agreement (hereinafter referred to as "Agreement") , entered into as hereinafter set forth, by and between the County of DuPage, a body corporate and politic of the State of Illinois (hereinafter referred to as the "COUNTY") and the Village of Oak Brook (hereinafter referred to as the "VILLAGE") , a municipal corporation. The COUNTY and the VILLAGE are hereinafter individually referred to as a "party" or together as the "parties . " WITNESSETH WHEREAS, the COUNTY and the VILLAGE are authorized by the 1970 Illinois Constitution, Article VII, Para. 10 and the Intergovernmental Cooperation Act 5 ILLS 220/1 et se g. , to contract with each other; and WHEREAS, the VILLAGE agrees to mow grass, weeds and other vegetation along certain roads and rights of way which are within the maintenance jurisdiction of the COUNTY and within the corporate limits of the VILLAGE as follows (hereinafter referred to as "COUNTY MOWING") : COUNTY MOWING Route Number Highway Name Location 25 Meyers Road 35th St. to 38th St. , Median Only 34 31St Street Regent Dr. to Jorie Blvd. , Medians Only 34 31St Street Spring Rd. to York Rd. , Right-of-way 34 31St Street Medians - Spring Rd. to York Rd. 8 York Road 31St St . to Golf Course Entrance 8 York Road Graue Mill and WHEREAS, the COUNTY and the VILLAGE have determined that it is in the best interest of the citizens of DuPage County and the residents of Oak Brook for the VILLAGE to provide mowing along the above listed County Highways subject to the following GENERAL CONDITIONS AND SPECIFICATIONS : - 1 - GENERAL CONDITIONS 1 . The VILLAGE shall visit the site of the proposed work, and shall investigate, examine and familiarize itself with the premises and conditions relating to the work to be done in order that it may understand the difficulties and restrictions required to complete the work to be done under this Agreement. 2 . The VILLAGE shall furnish all labor, materials, equipment and transportation necessary to complete seven (7) cycles of COUNTY MOWING per year for three (3) years under the terms and conditions herein set forth. All materials and equipment shall be in strict compliance with the specifications hereinafter set forth; however, if no specifications are set forth for particular materials or equipment such material or equipment shall be of such specifications as are reasonably necessary and appropriate to carry out the terms and conditions of this Agreement. All labor and transportation shall be performed in accordance with the highest professional and technical standards in the field. 3 . At the sole option of the COUNTY, the VILLAGE shall furnish all labor, materials, equipment and transportation necessary to complete an additional cycle of COUNTY MOWING, or of any portion or portions of said COUNTY MOWING, under the terms and conditions herein set forth. The COUNTY shall give written notice to the VILLAGE of the portion or portions of roads and rights of way to be mowed during the additional mowing cycle not less than seven (7) ,days prior to the required starting date. 4 . The safety of persons and property of the VILLAGE, the COUNTY, and the general public is of primary concern, and shall take priority over all other terms and conditions of this Agreement. 5 . All equipment and materials furnished by the VILLAGE shall meet or .exceed all safety standards for mowing prescribed by O. S.H.A. The VILLAGE agrees, covenants, and understands that the VILLAGE bears sole liability for any injury or damage caused by the VILLAGE under this Agreement and that the COUNTY shall not accept any liability whatsoever from the VILLAGE except where any injury or damage is caused by the COUNTY. 6 . The VILLAGE shall, at all times, fully indemnify, hold harmless and defend the COUNTY, County Officers, agents, employees and board members from any and all claims and demands, actions and causes of action of any character whatsoever, made by any person or party on account of negligent or malicious acts of the VILLAGE, their subcontractors or persons otherwise associated with the VILLAGE growing out of the performance of the terms and conditions of this Agreement. - 2 - 7 . At all times during the period of this Agreement, the VILLAGE shall maintain the following insurance coverages, or be self- insured to cover the following: (a) Workers' Compensation Insurance with limits as required by the applicable statutes of the State of Illinois . (b) Employer' s Liability Insurance with limits of not less than $500, 000 each accident/injury; $500, 000 each employee/disease. (c) Commercial General Liability Insurance with limits of not less than $2, 000, 000 per occurrence bodily injury/property damage combined single limit; $2, 000, 000 aggregate bodily injury/property damage combined single limit. The insurance shall include, but is not necessarily limited to, the following: (i) premises/operations coverage; (ii) products/completed operations coverage; (iii) contractual liability coverage (specifically covering the indemnification obligations referred to in paragraph 6) ; (iv) personal injury coverage (with the employment exclusion deleted) ; (v) broad form property damage coverage; and (vi) independent contractor liability coverage. (d) Owner' s and Contractor' s Protective Insurance with limits of not less than $1, 000, 000 per occurrence bodily injury/property damage combined single limit. (e) Comprehensive Motor Vehicle Liability Insurance with limits of not less than $1, 000, 000 per accident bodily injury/property damage combined single limit. The foregoing insurance coverages shall be provided by companies authorized to transact business in the State of Illinois and acceptable to and approved by the COUNTY. The policy of Commercial General Liability Insurance shall include an endorsement naming the COUNTY as an additional insured and shall not be subject to cancellation or modifications without at least 30 days' prior written notice to the COUNTY. The VILLAGE shall provide the COUNTY with a Certificate of Insurance for each of the coverages specified above and, if requested, copies of the policies issued by the insurers . The coverage limits required under subparagraphs (c) and (e) above may be satisfied through a combination of primary and excess coverage. The VILLAGE shall not allow any contractor to commence work until all the insurance coverages required under this paragraph have been obtained and satisfactory evidence thereof has been furnished to the COUNTY. Additionally, the VILLAGE shall - 3 - include in all of its contracts a statement expressly declaring the COUNTY to be a third-party beneficiary of the insurance requirements provided for in this paragraph. 8 . The terms and conditions of this Agreement may be amended or supplemented by written statement of the parties to make such amendment or supplement. The parties agree that no oral change orders will be allowed and that no claim based upon any purported oral change order shall be made. 9 . The terms and conditions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 10 . All State and Federal Laws insofar as applicable to COUNTY contracts shall be hereby specifically made a part of this Agreement as set forth herein. 11 . This Agreement shall be governed by the laws of the State of Illinois . The forum for resolving any disputes concerning the parties' respective performance, or failure to perform, under this Agreement, shall be the judicial circuit court for DuPage County. 12 . In the event, any provisions of this Agreement is held to be unenforceable or invalid for any reason, the enforceability thereof shall not affect the remainder of the Agreement. The remainder of this Agreement shall be construed as if not containing the particular provision and shall continue in full force, effect, and enforceability, in accordance with its terms. 13 . This Agreement may be terminated at any time by submission to the other party of written thirty (30) days advance notice served by certified or registered mail, return receipt requested, properly addressed with postage prepaid and said notice shall be effective upon receipt as verified by the United States Postal Service, to the following addresses : FOR THE VILLAGE: FOR THE COUNTY: Village Manager County Engineer Village of Oak Brook DuPage County 1200 Oak Brook Road Division of Transportation Oak Brook, Illinois 60523 421 North County Farm Road Wheaton, Illinois 60187 14 . This Agreement shall remain in full force and effect after execution by the parties as set forth below until November 15, 2010, unless terminated by thirty (30) days written notice to the other party as referenced above. - 4 - SPECIFICATIONS 1 . All grassy areas heretofore set out in COUNTY MOWING shall be mowed from the edge of shoulder or back of curb to the right of way line. Median and island areas are also included as part of this Agreement and shall be mowed back to back of curb. 2 . Grass shall be mowed to the height of three (3) inches during each of the five (5) mowing cycles and any intermediate mowing cycles . 3 . All mowing shall be performed in a manner to produce a finished appearance which is acceptable to the COUNTY. Such acceptability shall be based upon the reasonable application of professional standards in the mowing industry. The opinion of the DuPage County Division of Transportation Highway Operations Manager shall constitute prima facie evidence of a reasonable application of such professional standards . 4 . Hand-cutting or cutting along fences and guardrails is included as part of the Agreement. S . Hand-cutting around landscaping and other obstructions within the right of way shall be part of this contract. Grass cuttings shall not be allowed on roadways or curbs . Large grass clumps shall not remain on cut areas . Such cuttings or clumps shall be removed or blown clean. 6. Pick up of typical roadway trash (bottles, cans, paper, plastic bags, and miscellaneous small debris) will be the responsibility of the VILLAGE and shall be included in the cost of mowing. Any areas where materials are encountered that would not be classified as "typical roadway trash" should be referred to the DuPage County Highway Operations Manager for removal . 7 . Damage caused by the VILLAGE to turf areas shall be repaired to the satisfaction of the DuPage County Highway Operations Manager prior to payment for the cycle in which damage occurred. 8 . The VILLAGE shall protect all work sites with proper traffic control as specified in the current "Manual of Uniform Traffic Control Devices" and applicable standards as included in these special provisions, and appropriate at any particular site. The safety of employees and the public shall be of primary concern. 9. Roadways shall be kept open to traffic in both directions at all times . The loading and unloading of materials and/or equipment shall be done in a protected area completely off the traveled roadway. If it is necessary for a slow moving piece of equipment to travel for a short distance along the roadway, this piece of equipment shall be accompanied by a properly equipped escort vehicle during the entire time that it occupies any - 5 - portion of the traveled roadway. The escort vehicle shall be equipped with an amber-colored, rotating-type warning light mounted on or above the cab of the escort vehicle. The escort vehicle shall also be equipped with two (2) amber colored flashing lights mounted to the rear of the escort vehicle at a minimum height of six (6) feet . 10 . No equipment or material shall be stored on the pavement or shoulders at any time. 11. The starting date for each year' s mowing cycle shall be no later than the following: First Mowing - May 1 Second Mowing - June 1 Third Mowing - July 1 Fourth Mowing - August 1 Fifth Mowing - September 15 Two (2) intermediate mowings are to be completed as weather and grass conditions warrant. 12 . The COUNTY shall pay the VILLAGE $679 within forty-five (45) days of receipt of invoice after the completion of each mowing cycle of 6. 79 acres . 13 . The final invoice for all mowing shall be submitted no later than November 15th of each year for the term of this Agreement . 14 . Additions or deductions to the mowing acres may be required during the mowing season and will be done at the sole discretion of the COUNTY. Additions or deductions will be made to the payment due for a mowing cycle at a unit price of One Hundred Dollars per acre ($100 . 00 per acre) . The DuPage County Division of Transportation will notify the VILLAGE in writing, of any additions or deductions made in the mowing cycle acres . WHEREAS, this Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which shall be deemed one in the same instrument. WHEREAS, this Agreement shall become effective on the day on which both parties hereto have executed this document . i IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed by their duly authorized officers and to be 6 - attested to and their corporate seals to be hereunder affixed. COUNTY OF DU PAGE Signed this 22nd day of April 2008 at Wheaton, Illinois . Robert illerstrom, Chairman DuPage nt y Board ATTEST: w A4'0 Gary A. ng, County erk VILLAGE OF OAK BROOK Signed this day of 2008, at Oak Brook, Illinois . L) �V John W. Craig,, Pre id t UAL Village of Oak B ook a 1. a . ATTEST: C3 _ Charlotte K. Pruss, Village Cler Village of Oak Brook 9 tom' i I - 7 - QP RECEWED MR - 9 2908 DuPage County ROBERT J.SCMLLERSTROM DIVISION OF TRANSPORTATION COUNTY BOARD CBAE MAN (630)407-6900 FACSIMILE(630)407-6901 May 6, 2008 Mr. David Niemeyer Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Re: Resolution DT-0017-08 Intergovernmental Agreement Mowing Contract Dear Mr. Niemeyer: Enclosed for your file is the executed Resolution and Agreement for the mowing contract between the County of DuPage and the Village of Oak Brook approved by the DuPage County Board on April 22, 2008. If you have any questions or concerns please feel free to contact me at 630.407.6900. Very truly yours, 6 L . V P. Kos, P.E. Director of Transportation and Operations Enc. 421 N.COUNTY FARM ROAD WBEATON,IL 60187-2553 INTERGOVERNMENTAL RISK MANAGEMENT AGENCY Four Westbrook Corporate Center, Suite 940 � Westchester, IL 60154 CERTIFICATE OF COVERAGE REQUEST FORM (Please allow 3 working days, whenever possible.) V l���6L�- a� VG�-�roa �C-' Date Requested: ' 1$ 0'8 Requested By: �1..� • �P.n'� Date Needed: s�, - �I.� Original To: �'�- �d�,,��. Copy To: ��(c.e, ���r,.�y,,� Requesting Member: V� �1�� �� ��"�'`'���`' Issued To: Name: V • �,�aR- �� ��(� �� �`' Add ress: \ ?.�o t�a.�—�rook- (L9--� C��,1�--�o f� � (Cro S Z 3 Attn: A ATIG� ti�l.e�'�p,� Fax#: (if necessary) �v 3-0 � �l.$ — � 2.g S Reference/Purpose (why is the certificate needed) (please include date, location, lease or contract#, etc.) '�Q���o� � ��..1.(Y r��� �'��r.fi�� �r-:F^�f��...o. LJ U ��Z /�i0 i.��� d�!�•�Olr� LJ M7i - 1 J���Cr�-{�L Q�1'�l er� �� �-�"� n e,c,'��,y �f7��� � �/��O � Coverage Requested: (General Liability, Auto, Workers Compensation, and First Party Property) � n f �w�� Loss Payee Status Requested: [ ] Yes [ �C ] No Additional Insured Stated Requested: [ ] Yes [ X ] No Important: Do not offer to provide additional insured unless requested and absolutely necessary. Staff will review and make determination on all requests for additional insured status. Special Instructions or Requests: n� ( 2 �� � n.A �� .l Q— (�„ ��('L�,�,i -r `-''�--�-n..(R.� CsroJ � Mail or Fax to the IRMA Office Upon Completion of This Form Phone: 708/562-0300 Fax: 708/562-0400 ��� 3�'��Q� � � � INTERGOVERNMENTAL RISK MANAGEMENT AGENCY � � � ``�,,.,✓' The Risk Management Solution for Local Government CERTIFICATE OF COVERAGE MEMBER: Village of Oak Brook COVERAGE TERM: November 1, 2007 to November 1, 2008 This certificate is issued as a matter of information only and confers no rights upon the recipient. This certificate does not amend, extend or alter the coverages provided to the member. Intergovernmental Risk Management Agency (IRMA) is not an insurance company. IRMA is an Illinois intergovernmentat cooperative agency established by contracting units of local govemment as defined in the Illinois Constitution of 1970 pursuant to Article VII, Section 10 thereof and Chapter 127, Section 746 of the Illinois Compiled Statutes. IRMA administers a joint risk pool and purchases insurance, as it deems expedient. COVERAGES: This is to certify that the coverages listed below are provided by IRMA to the member named above for the Coverage Term indicated. This certificate is subject to all terms and conditions of the IRMA Bylaws and Coverage Document, and any applicable contract(s)of commercial insurance. Tvpe of Coverage and Limits Shall not be less than: General Liability Bodily Injury& Property Damage $1,000,000 Combined Single Limit Automobile Liability Bodily Injury& Property Damage $1,000,000 Combined Single Limit Workers Compensation $101,500,000 per occurrence Employers Liability $1,000,000 per occurrence REFERENCE: Evidence of coverage for mowing contract between the Village of Oak Brook and DuPage County Office of Transportation. DuPage County Office of Transportation is named as additional insured for liability arising out of the above. TERMINATION: Should the member named above terminate its participation in IRMA prior to November 1, 2008, notice thereof will be sent by first class mail to the party named below at the address indicated. However, failure to mail such notice shall impose no obligation or liability upon IRMA. Authorized Representative of Intergovernmental Risk Management Agency: � Date: March 19,2008 Larry Y. B' h xecutive Director CERTIFICATE HOtDER: DuPage County Department of Transportation 421 N. County Farm Road Wheaton, IL 60187 Attn: Dixie Van Vorous Copy ta Mike Meranda, Village of Oak Brook P�ur Wesebr4ok Corporace Cencer 708,Stz:03�U Suite 9;►D fax 708.56?.0400 1�Vescchescer,[L bD1S4 �����_pr� --T-- - __ - - _ _ ! PURCHASE ORDER DU PAGE COUNTY ILLINOIS - -- - -- - �a���°F�,, - This number must appear on all packing slips, PROCUREMENT SERVICES DIVISION shipping documents, packages and invoices. � � 421 NORTH COUNTY FARM ROAD �oti`� WHEATON, IL 60187-3978 U�4HZH �Tox,ilyti Phone: 630-407-6200 Fax: 630-407-6201 Page Number Purchase Order Date 1 of 1 05I06/2008 -- ___ __ ____ __ __ This order is subject to the terms and conditions set forth herein and on the reverse side and acceptance of this order constitutes acceptance of all of the terms and conditions. Any supplemental terms and conditions shall prevail in the event of a conflict between the Purchase Order General Terms and Conditions and any supplemental terms and conditions. Supplier: 00206000 Bill to: DU PAGE COUNTY D.O.T.ADMIN. VILLAGE OF OAK BROOK JENNIFER SINN 1200 OAK BROOK ROAD 421 NORTH COUNTY FARM ROAD OAK BROOK IL 60523-2255 SECOND FLOOR WHEATON IL 60187 Phone: 630-990-3000 Remit to: VILLAGE OF OAK BROOK Ship to: DU PAGE COUNTY D.O.T.ADMIN. 1200 OAK BROOK ROAD JENNIFER SINN OAK BROOK IL 421 NORTH COUNTY FARM ROAD 60523-2255 SECOND FLOOR WHEATON IL 60187 - - - - __ __ ___ ___ ___ Terms F.O.B. Delivery Required By Requested By Requisition No. - - ----- -_---- - _ _ --- __ _ _ _ _ _ JOB SITE BLANKET JOHN KOS 14828 T _--- -_ ___— ___� __ _ _ _ ' LN Quantity � Description _ _ _ �I _ Account Code � Unit Price , Extension 1,BLANKET 'THREE YEAR AGREEMENT FOR MOWING SERVICES BY THE 08-41-226-2261-3610 0.00/EACH 4,753.00 I ' VILLAGE OF OAK BROOK,FOR FIVE(5)MOWINGS,PLUS TWO I ' �(2)MOWINGS TO BE COMPLETED AS WEATHER AND GRASS ' I CONDITIONS PERMIT. FY2008 ENCUMBRANCE. ' I2 BLANKET 'SAME AS ABOVE-FY 2009 ENCUMBRANCE 09-41-226-2261-3610 0.00/EACH 4,753.00 ', 3',BLANKET SAME AS ABOVE-FY 2010 ENCUMBRANCE j 10-41-226-2261-3610 �I 0.00/EACH 4,753.00 I �PASSED TC-4/15/08 ' ! ' I PASSED CB-4/22/08-DT-0017-08 i I , ' , �I i I I' �I Total: 14,259.00 ���� PETER F.COSTA APPROVALS: (630)407-6183 PETER F. COSTA,05/06/2008 RESOLUTION#: DT-0017-08 VENDOR . .�-r,�,:-_,, �� �� " CQUNTY�F DUPAGE: GENERAL TERMS AND CONDITIONS THE FOLLOWING GENERAL TERMS AND CONDITIONS SHALL APPLY TO AL,L PURCHASfS BY OR ON BEHALF OF THE COUNTY OF DUPAGE UNLESS SAECIFICALLY PROVIDED OTHERWISE ON THE FRONT OF THIS DOCUMENT: TAX EXEMPTION: MATERIAL SAFETY DATA SHEETS: The County of DuPage is tax exempt, !D#E9997-4551-05 Proper Material Safety Data Sheets, in compliance with OSMA's Hazard Communication Standard, must be provided by the AccePraHce OF CorvTr�qCT: Vendor to the Counfy at the time of delivery This order is the County's offer to purchase the goods and/or services described on the reverse side ftom the Vendor. The CoMP�iANCE WITH LAWS: County's placement of this order is expressly conditioned upon The Vendor certifies that in performing this contract they will Vendors acceptance of afl the ierms and conditions of purchase comply with all applicable provisions of the federal, state and contained on or attached to this purchase order local laws regulations rules and orders AMENDMENTS: LAWS GOVERNING: No agreement or understanding to modify this contract shall be This contract shall be governed by and construed according to binding upon the County unless in writing and signed by the Yhe laws of the State of Illinois Venue for any action refated to County's authorized agent Note that by statute, certain change this agreement shafl be in the Circuif Court for the 18`h Judicial orders can only be approved by the elected officials All Circuit, DuPage County, Illinois specifications, drawings, and data submitted fo the Vendor with this order are hereby incorporated and rnade a part hereof PREVAILING WAGE: !t shaU be the responsibility of the Vendor to comply, when UNfFORM COMMERCIAL CODE: BppllCBble, �vi;h the Illinois Frevailing Wage AcE 820 ILCS As to terms and conditions not expressed on this purchase order, 130/01 et seq It shall be the responsibility of the Vendor to all appficable portions of the Illinois Uniform Commercia! Code monitor the prevailing wage rates as established by fhe Illinoss shall govern contracts with fhe County of DuPage unless a Dspartment of Labor for any increase in rates during the project specific conflicfing statute also applies in which case, the specific and adjust wage rates accordingly statute will apply PAYMENT: ' DE�tvERY: Original invoices must be presented for payment in accordance All prices must be F O,B, desfination Time is of the essence on with instructions contained on the Purchase Order including this contracf ft completed deliveries are not made at the time reference to Putchase Order number and submitted to the agreed, the County reserves the right to cancel or purchase correct address for processing. The County shall pay all efsewhere and hold vendor accountable If delivery dates cannot invoices pursuant to 50 ILCS 505 "Local Government Prompt 6e met, Vendor agrees to advise the County, in writing of the Payment AcY' ' earliest possible shipping date for acceptance by the County WARRANTY: RisK oF LOss: The Vendor warrants to the County that ail goods and services Regardless of F O B point, Vendor agrees to bear all risk of loss, furnished hereunder will conform in all respects to the terms of injury, or destruction of goods and materials ordered herein which this order, incfuding any drawings, specifications or standards may for any reason occur prior to acceptance by County. No such incorporated herein, and/or defects in materials, workmanship, loss, injury or destruction shall release Vendor from any and free from such defects in design ln addition, Vendor obligations hereunder warrants the goods and services are suitable for and will INSPECTiON: perform in accordance with the purposes for which they were intended Goods and material must be properly packaged Damaged goods and materials will not be accepted, or if the damage is not readily NON-DISCRIMINATION: apparent at the time of delivery, the goods shall be returned at no The Vendor shall comply with the lllinois Human Rights Act,775 cost to the County The County reserves the right to inspect the ILCS 5/1 - 101 et sea (2000), as amended and any rules and goods at a reasonable time subsequent to delivery where regulations promulgated in accordance therewith including, but circumstances or conditions prevent effective inspection of fhe not limited to the Equal Employment Opportunity Clause, 5 III goods at the time of delivery P.�m;n Cod2 �',`�C n�F.c�d;x� The Verdo�shaN aiso compiy with the Public Worics Employment Discrimination Act,775 1LCS PATENTS AND COPYRIGHTS: 10/0 01 et SQ4 (200Q),as amended !f an article sold and delivered to the County hereunder shafl be protected by any applicable patent or copyright, the Vendor It shail a(so be an unlawful employment practice for the Vendor agrees to indemnify and save harmless tfie Caunty, from and (�) to fail or refuse to hire or to discharge any individual or ' against any and all suits, claims, judgments, and costs instituted otherwise to discriminate against any individual with respect to or recovered againsi it by any person whomsoever on account of their compensation, or the terms, conditions, or privileges of the use or sale of such arEicles by the County in violation or right their employment, because of such individual's race, color, ' under such patent or copyright religion, sex, age, handicap or national origin; or (2) to limit, segregate or classify their employees or appiicants for HON-WAIVeR oF RIGHTS: empioyment in any way which would deprive or tend to deprive No failure of either party to exercise any power given to it any individual of employment opportunities or otherwise hereunder or to insist upon strict compliance by the other party adversely affecf their sfatus as an employee, because of such ' with its obligations hereunder, and no custom or practice of the individual's race, color, religion, sex, age, han@icap or national parties at variance with the terms hereof, nor any payment under o�i9in. Vendor shall comply with The Civil Rights Act of 1964, this agreement shall constitute a waiver of either party's right to 42 U S C sec 2000 et seQ {2000},as amended demand exact compliance with the terms hereof Revised 7/Q5