R-2006 - 03/08/2022 - PUBLIC WORKS - Resolutions THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
RESOLUTION
2022-PW-MSQTO-ABATE-AG-R-2006
A RESOLUTION APPROVING THE WAIVER OF COMPETITIVE
BIDDING AND AUTHORIZING A THIRD AMENDMENT TO THE
CONTRACT BY AND BETWEEN THE VILLAGE OF OAK
BROOK AND CLARKE ENVIRONMENTAL MOSQUITO
MANAGEMENT, INC. TO PROVIDE MOSQUITO ABATEMENT
SERVICES
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 81"day of March, 2022
Resolution 2022-PW-MSQTO-ABATE-AG-R-2006
Third Amendment to Contract Mosquito Abatement Services
Page 2 of 3
RESOLUTION 2022-PW-MSQTO-ABATE-AG-R-2006
A RESOLUTION APPROVING THE WAIVER OF COMPETITIVE BIDDING
AND AUTHORIZING A THIRD AMENDMENT TO THE CONTRACT
BY AND BETWEEN THE VILLAGE OF OAK BROOK AND
CLARKE ENVIRONMENTAL MOSQUITO MANAGEMENT, INC.
TO PROVIDE MOSQUITO ABATEMENT SERVICES
WHEREAS, Staff conducted bid processes in 2011 and 2014 for mosquito abatement
services and Clarke Environmental Mosquito Management, Inc. ("Clarke') was the sole
responsive and responsible bidder; and
WHEREAS, the Village Board awarded a three-year contract ("Contract') in 2014 to
Clarke for mosquito abatement services ("Services'); and
WHEREAS, the Village Board approved the First Amendment in 2014 and the Second
Amendment in 2020 to the 2014 Contract; and
WHEREAS, Clarke has provided satisfactory services to the Village for many years; and
WHEREAS, the term of the Village's current Amendment terminates in April, 2022; and
WHEREAS, Staff desires to waive competitive bidding and amend the Contract a third
time to extend its term through April, 2025; and
WHEREAS, the President and Board of Trustees have determined that it is in the best
interests of the Village to so waive competitive bidding and approve the Third Amendment to the
Contract in a final form as approved by the Village Attorney.
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 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 the Third Amendment
The President and Board of Trustees hereby approve the Third Amendment to the
Contract by and between the Village and Clarke for Mosquito Abatement Services in a final form
acceptable to the Manager and the Village Attorney, subject to the appropriation by the President
and Board of Trustees of sufficient funds for the performance of the Services in each fiscal year.
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Resolution 2022-PW-MSQTO-ABATE-AG-R-2006
Third Amendment to Contract Mosquito Abatement Services
Page 3 of 3
Section Three—Authorization and Direction
The Village Manager is hereby authorized to execute, and the Village Clerk is hereby
authorized to attest the amendment in the form of such amendment 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 amendment.
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 amendment, additionally, the Village is authorized and directed to allocate
and spend all necessary funds to fulfill the requirements of the amendment and of this resolution.
Section Six - 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 Seven — Prevailing Wage Act
The successful proposer 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 Eight— Effective Date
This resolution shall be in full force and effect upon passage and approval in the manner
provided by law.
Section Nine - Publication
This resolution shall be published in book or pamphlet form as provided by the Illinois
Municipal Code.
Section Ten — Conflict Clause
All resolutions, parts of resolutions or board actions in conflict herewith are hereby repealed
to the extent of such conflict.
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Resolution 2022-PW-MSQTO-ABATE-AG-R-2006
Third Amendment to Contract Mosquito Abatement Services
Page 4 of 3
Section Eleven — 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 Twelve— 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 81h day of March, 2022
Ayes: Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf
Nays:
None
None
Absent:
APPROVED THIS 81h day of March, 2022
C
Gopal G. Lalmalani
Village President
ATTEST:
.. t4a,4
Charlotte K. Pruss
Village Clerk
Zb
\� n NV
UUIU V
4
EXHIBIT A
THIRD AMENDMENT
' REVIEW OF CONTRACTS
i of Contract:
Awarding A en
Depa t: Program/Account Number:
i
__._ Y. `..
Awarded Contract Pri e: Budgeted Amount:
ICL ij V SOS
Under $20,000 $500,001 - $1,000,000
$20,000 - $500,000 Over $1,000,000
40 "IC
Date: i
;Name:
Date: 13/ Z
Name:
Date: 11
Z,Name: .3
Date: 3
Name:
O
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:
THIRD AMENDMENT TO THE 2014 MOSOUITO
ABATEMENT SERVICES CONTRACT
THIS AMENDMENT TO THE 2014 MOSQUITO ABATEMENT SERVICES
CONTACT ("Amendment") executed by the parties April 2014 is made as of
. 2022 by and between CLARKE ENVIRONMENTAL MOSQUITO
MANAGEMENT, INC. ("Clarke"), and the VILLAGE OF OAK BROOK, ILLINOIS
("Village").
RECITALS
WHEREAS. Clark and the Village entered into a 2014 Mosquito Abatement Services
Contract ("Contract"), pursuant to which Clarke agreed to provide to the Village mosquito
abatement services, as more fully described in the Contract.
WHEREAS,the term of the Second Amendment ends April 8,2022.
WHEREAS,the parties desire to extend the term of the Contract for three additional years
pursuant to 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. Extension of Term. The Contract is hereby extended for a period commencing April 9,
2022 and ending April 8, 2025 ("Extension Term's unless sooner terminated in
accordance with the terms of the contract. The Extension Term shall be on the same terms
and conditions contained in the Contract, except as expressly set forth herein.
B. Pricinp.. Clarke's pricing shall not increase for the term of this amendment,and the Village
shall not be liable for any increase in pricing during the term of the Contract, as extended
by this Amendment.
C. Effect of Amendment. The Parties acknowledge and agree that this Amendment modifies
and amends the Contract and the terms and provisions hereof shall supersede and control
over any contrary or conflicting terms and provisions set forth in the Contract. The
Contract. as amended by this Amendment. is hereby ratified and remains in full force and
effect.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, Clarke and the Village have respectively executed this
Amendment to be effective as of the date first above written.
ATTEST: CLARKE ENVIRONMENTAL MOSQUITO
NIANAGENtENT,INC.
Bv: By:
Printed Name:
Title:
Date:
ATTEST: VILLAGE OIC OAK BROOK
By: By:
Village Clerk Village Manager
Date:
N33450851 v)