BGC Interior Plant Maint. and Xmas Decor Srvs. Agrment. VILLAGE OF OAK BROOK
PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT is dated as of the lo10day of NSA , 2022 ("Agreernent'�, and is by and between the VILLAGE Or,
OAR BROOK, 1200 Oak Brook Road, Oak Brook, Illinois 60523 an Illinois municipal corporation ("Village'j, and PHILLIPS
INTERIOR PLANTS AND DISPLAYS, 700 Enterprise Drive, Oak Brook,Illinois 60,523("Consultant").
IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in the Agreement, and pursuant to the
Village's statutory powers,the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. The Village
retains the Consultant to perform,and the Consultant agrees to SECTION 3. REPRESENTATIONS OF
perform, all necessary services to perform the work in CONSULTANT. The Consultant represents And certifies that
connection with the project identified below ("Services"), the Services. shall be performed in accordance with the
which Services the Consultant shall provide pursuant to the standards of professional practice, care, and diligence
terms and conditions of this Agreement: practiced by recognized consultants in performing services of
a similar nature in existence at the Time of Performance. The
Butler Government Center Interior Plant Maintenance and representations and certifications expressed shalt, be in
Christmas Decoration Services, as more fully described in addition to any other representations and certifications l
the attached proposal dated I ebruary 17,2022. expressed in this Agreement, or expressed .or implied by law,
which are hereby reserved unto the Village.
aREEMENT TERM. The term of this agreement is June
1,2022—May 31, 2023. At the conclusion of the agreement The Consultant further represents that it is financially solvent, j
term,the Village reserves the right to award four(4)additional has the necessary financial resources, and is sufficiently
one (1) year extension terms, with the concurrence of the experienced and competent to perform and complete the
Consultant. Services in a manner consistent with the standards of
professional practice by recognized Consultants providing
TIME OF PERFORMANCE. The Consultant shall perform services of a similar nature. The Consultant shall provide all
and complete the Services as mutually agreed upon between persomrel necessary to complete the Services.
Village and Consultant("Time of Perforrnance'�.
SECTION 4. INDEMNIFICATION,;_ INSURANCE: j
SECTION 2. COMPENSATION. LIABILITY. j
A. Agreement Amount. The total amount A. Indemnification. The Consultant proposes
billed by the Consultant for the Services under this Agreement and agrees that the Consultant shall indemnify and save
is based on the proposal submitted by Consultant .hereto harmless the Village against all damages, liability, claims,
attached. as Exhibit A, and shall not exceed $6,108.00losses, and expenses (including attorneys' fee) that may arise,
($S09.001inonth), including reimbursable expenses, without or be alleged to have arisen, out of or in connection with the
the prior express written authorization of the Village Manager, Consultant's performance of, or failure to perform, the
Services or any part thereof, or any failure to meet the
B. Taxes,_ Benefits, and Royalties, Each representations and certifications set forth in Section 4 of this
payment by the Village to the Consultant includes all Agreement.
applicable federal, state, and Village taxes of every kind and
nature applicable to the Services as well as all taxes, B. Insurance. The Consultant acknowledges
contributions, and premiums for unemployment insurance,old and agrees that the Consultant shall, and has a duty to
age or retirement benefits, pensions, annuities, or similar maintain adequate insurance,in an amount, and in a form and
benefits and all costs, royalties, and fees arising from the use from companies; acceptable to the Village. The Consultant's
,of, or the incorporation into, the Services, of patented or maintenance of adequate insurance shall not be construed in
copyrighted equipment, materials, supplies, tools, appliances, any way as a limitation on the Consultant's liability for losses
devices, processes, or inventions. All claim or right to claim or damages under this Agreement,
additional compensation because of the payment of any such
tax, contribution, premium, costs, royalties, or fees is hereby C. No Personal Liability. No elected or
waived and released by Consultant. appointed official or employee of the Village shall be
personally liable,in law or in contract,to the Consultant as the
C. Payment of Agreement Amount. All result of the execution of this Agreement
Payments shall be made pursuant to the terins of the Local
Government Prompt Payment At, 50 ILCS 50.5/3 et.seg. �
1
SI C TION 5. GENL++'RAL PROVISIONS. including without limitation the Fair Labor Standards Act;any
statutes regarding qualification to do business; any statutes
A. RelatfonsltiL of the Parties. The prohibiting discrimination because of,or requiring affirmative
Consultant shall act as an independent contractor in providing action based on,race,creed,color,national origin, age,sex,or
and performing the Services. Nothing in, nor done pursuant other prohibited classification, including, without. limitation,
to, this Agreement shall be construed to: (1) create the the Americans with Disabilities Act of 1990, 42 U.S.C. §§
relationship of principal and agent, employer and employee, 12101 et seq., and the Illinois Human Rights Act, 775 ILCS
partners, or joint venturers between the Village and 5/1-101 et seq. Consultantshall also comply with all
Consultant; or (2) to create any relationship between the conditions of any federal, state, or local grant received by the
Village and any subcontractor of(lie Contractor. Village or Consultant with respect to this Contract or the
Services. Consultant shall be solely liable for any fines or
B. Conflicts of Interest. The Consultant civil penalties that are imposed by any governmental or quasi-
represents and certifies that, to the best of its knowledge: (1) governmental agency or body that may arise, or be alleged to
no Village employee or agent is interested in the business of have arisen, out of or in connection with Consultant's, or its
the Consultant or this Agreement; (2) as of the date of this subcontractors, performance of, or failure to perform, the
Agreement, neither the Consultant not any person employed Services or any part thereof. Every provision of law required
or associated with the Consultant has any interest that would by law to be inserted into this Contract shall be deemed to be
conflict in any manner or degree with the performance of the inserted herein.
obligations under this Agreement; and (3) neither the
Consultant nor any person employed by or associated with the F. Prevailing Wage. Pursuant to Section 4 of
Consultant shall at any time during the term of this Agreement the Illinois Prevailing.Wage Act, 820 ILCS 130/4,Contractor
obtain or acquire any interest that would conflict in any agrees and acknowledges that not less than the applicable rate
manner or degree with the performance of the obligations of prevailing of wages, as found or ascertained by the i
under this Agreement. Department of Labor and made available on the Department's
Official website, or determined by the court on review; shall t
C. No Collusion. The Consultant represents be paid for each craft or type of worker needed to execute this
and certifies that the Consultant is not barred from contracting contract or to perform such work, and it shall be mandatory
with a unit of state or local .government as a result of(1) a upon the:contractor to whom the contract is awarded and upon
delinquency it) the payment of any tax administered by the any subcontractor under him,to pay not less than the specified �
Illinois Department of Revenue unless the Consultantis rates to all laborers, workers and mechanics employed by
contesting, in accordance with the procedures established by them in the execution of this contract.
the appropriate revenue act, its liability for the tax or the
amount of the tax, as set forth in Section 11-42.1-1 et seq. of G. Certified Payroll. Contractor shall, in
the Illinois Municipal Code, 65 ILCS 5/11-42.1-1 et seq.; or accordance with Section 5 of the Illinois Prevailing Wage Act, j
(2) a violation of either Section 33E-3 or Section 33E-4 of 820 ILCS 130/5,submit to the Village,and upon activation of
Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 the database provided by 820 ILCS 130/5.1 to the Department {
et seq, If at any time it shall be found that the Consultant of Labor, on a monthly basis, a certified payroll.The certified
has, in procuring this Agreement, colluded with any other payroll shall consist of a complete copy of those records
person,firm,or corporation,then the Consultant shall be liable required to be made and kept by the Prevailing Wage Act.
to the Village for all loss or damage that the Village may The certified payroll shall be accompanied by a statement
stiffer, and this Agreement shall, at the Village's option, be signed by the Contractor or subcontractor which certifies that:
null and void. (1) such.records are true and accurate; (2)the hourly rate paid
is not less than the general prevailing rate of hourly wages
D. Termination. Notwithstanding any other required by the Prevailing Wage Act; and (3) Contractor or
provision hereof, the Village may terminate this Agreement at subcontractor is aware that filing a certified payroll that he or
any time upon 15 days prior written notice to die Consultant, she knows to be false is a Class A misdemeanor. A general ,
In the event that this Agreement is so terminated, the contractor may rely upon the certification of a lower tier
Consultant shall be paid for Services actually performed and subcontractor, provided that die general contractor does not
reimbursable expenses actually incurred, if any, prior to knowingly rely upon a subcontractor's false certification,
termination, not exceeding the value or the Services Upon seven business days' notice, Contractor and each
completed. subcontractor shall make available for inspection and copying
at a location within this State during reasonable hours, the
L. Compliance with Laws and Grants. records required to be made and kept by the Act to: (i) the
Consultant shall give all notices, pay all fees, and take all Village, its officers and agents; (ii) the Director of Labor and
other action that may be necessary to ensure that the Services his deputies and agents; and(iii) to federal, State,or local law
are provided,performed,and completed in accordance with all enforcement agencies and prosecutors,
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,
2
HI Default. If it should appear at any time that L. Third Party Beneflelary. No claim as a
the Consultant has failed or refused to prosecute, or has third party beneficiary under this Agreement by any.person,
delayed in the prosecution of, the Services with diligence at a firm, or corporation shall be made or be valid against the
rate that assures completion of the Services in full compliance Village.
with the requirements of this Agreement, or has otherwise
failed,refused,or delayed to perform or satisfy the Set-vices or M. Governing Laws. This Agreement and the
any other requirement of this Agreement ("Event of rights of Owner and Consultant under this Agreement shall be
Default', and fails to cure any such Event of Default within interpreted according to the internal laws, but not the conflict
ten business days after the Consultant's receipt of written of laws rules, of the State of Illinois; the venue for any legal
notice of such Event of Default from the Village, then the action arising in connection with this Agreement shall be in
Village shall have the right, without prejudice to any other the Circuit Court of DuPage County,Illinois.
remedies provided by law or equity, to (1) terminate this
Agreement without liability for further payment; or (2) N. Conflicts;•Exhibits. If any term or provision
withhold from any payment or recover from the Consultant, in this Agreement conflicts with any term or provision of an
any and all costs,including attorneys' fees and administrative attachment or exhibit to this Agreement, the terms and
expenses,incurred by the Village as the result of any Event of provisions of this Agreement shall control.
Default by the Consultant or as a result of actions taken by the
Village in response to any Event of Default by the Consultant.
O. No Dfsclosut•e of Confidential
I ,Ansi np_ ment. This Agreement may not be Information by the Consultant. Confidential information
assigned by the Village or by the Consultant without the prior means all material, non-public, business-related information,
written consent of the other party. written or oral,whether or not it is marked that is disclosed or
made available to the Consultant, directly or indirectly,
J. Notice. All notices required or permitted to through any means of communication or observation, The
be given under this Agreement shall be in writing and shall be Consultant acknowledges thatit shall, in performing the
delivered: (1)personally; (2)by a reputable overnight courier; Services for the Village under this Agreement,have access,or
or by (3) by certified mail, return receipt requested, and he directly or indirectly exposed, to Confidential Information,
deposited in the U,S.Mail,postage prepaid. Unless otherwise The Consultant shall hold confidential all Confidential
expressly provided in this Agreement,notices shall be deemed Information :and shall not disclose or use such Confidential
received upon the earlier of: (a) actual receipt; (b) one Information without the express prior written consent of the
business day after deposit with an overnight courier as Village. The Consultant shall use reasonable measures at least
evidenced by a receipt of deposit; or (c) three business days as strict as those the Consultant uses to protect its own
following deposit in the U.S, mail, as evidenced by a return confidential information. Such measures shall include, j
receipt. Notices and communications to the Village shall be without limitation, requiring employees and subcontractors or
addressed to,and delivered at,the following address: the Consultant to execute a non-disclosure agreement before
obtaining access to Confidential Information.
Village of Oak Brook
1200 Oak Brook Road P. E-Slanature and Cottnteraarts. The
Oak Brook,Illinois 60523 Parties agree that this Contract may be signed in two or more
Attention: Rick Valent, counterparts and/or signed electronically, and all such
Public Works Director counterparts together shall constitute one and the same
contract; such signatures shall bind the signing party in the
Notices and communications to the Consultant shall be same manner as if a handwritten signature had been delivered
addressed to,and delivered at,the following address:
a
Phillip's Interior Plants&.Displays
700 Enterprise Drive
Oak Brook,Illinois 60523
Attention:Shannon McCormick
K. Waiver. Neither the Village nor the
Consultant shall be under any obligation to exercise any of the
rights granted to them in this Agreement except as it shall
determine to be in its best interest from time to time. The
failure of the Village or the Consultant to exercise at any time
any such rights shall not be deemed or construed as a waiver
of that right,nor shall the failure void or affect the Village's or
the Consultant's right to enforce such rights or any other
rights.
3
ATTEST: VILLAGE OF OAK BROOK
"-
Charlotte Pniss,Village Clerk Greg Summers,Village Manager
ATTEST: PHILLIP'S INTERIOR PLANTS AND DISPLAYS
I3Y:. By:
Title: DNw1smvT1,jt )Sstsr-DWT Its: _ - a]-I�fi; 1� � • __ __
9
1
i
7
F
i
F
1
y
4
Addendum #1
To Professional Services Agreement Dated May 10, 2022
Between
Village of Oak Brook and Phillip's Interior Plants & Displays
Notwithstanding anything to the contrary, with respect to Consultant's indemnification and
hold harmless obligations: (a) such obligations shall only apply for a claim, demand, or liability
to the extent arising out of the acts or omissions of Consultant (including its employees and
agents)or Consultant's failure to meet the representations and certifications set forth in
Section 4 of this Agreement, and such obligations shall not apply for any claim, demand, or
liability to the extent arising out of the gross negligence or willful misconduct of the Village
(including its employees and agents) or to any consequential or indirect loss, expense or
damage; (b) Consultant shall have the right to control, at its discretion, the defense and
settlement of any tendered claim through legal counsel reasonably acceptable to the
indemnified party, so long as Consultant diligently prosecutes such defense in a reasonable
fashion: and (c) Consultant's maximum liability for such obligations shall be limited to and shall
not exceed the total amount of proceeds that would be available and paid pursuant to all
applicable insurance required to be provided by Consultant under this Agreement (including
deductibles) plus 100%of the full stated value of this Agreement.
Date: May 10, 2022
1
ATTEST: VILLAGE OF OAK BROOK
By: By:
Charlotte Pruss, Village Clerk Greg Summers, Village Manager
ATTEST: PHILLIP'S INTERIOR PLANTS & DISPLAYS
By: By: �/�► `�
Title: Title: 4-0. nvf- Y►cf-?X4SWdAr
EXUIBIT A
(PROPOSAL SUBMITTED BY PHILLIPS INT EBIOR PLANTS AND DISPLAYS DATED FEBRUARY 17,2022)
R
5
R �
Gzcen laazth
"ti GREEN Pl�AN7d°
INTERIOR PlANt96 pIBPlAY6 Qer11f1eA
"Dedicated to Superior Designs& Service" 02/17/2022
Office: (630)954-3600 Fax: (630)954-2785 Page 1 of 3
Village Of Oak Brook VILL,OB
Doug Hroba
1200 Oak Brook Road
Oak Brook,H,60523
Contact Phone: (630)368-5282
Main Phone: (630) 386-5282
dhroba( oak-brook.org
2022 Interior Plantseape Proposal
Guaranteed maintenance service on client owned plants
i
i
MATERIALS
Bast Entrance at door left '
2 06"Pothos jade Client owned,at client location
1 Vista Cylinder Silver Client owned,at client location
2 06" Dracaena warneckii goldstar Client owned,at client location
with above` Client owned,at client location
East Entrance at door right
2 - 06" Pothos jade Client owned,at client location
1 Vista Cylinder Silver Client owned,at client location
2 06"Dracaena warneckii goldstar Client owned,at client location
with above Client owned,at client location
Planter box
2 - 08"Pothos jade Client owned,at client location
Planter box curve
5 - 08"Zamioculcas zamifolia 1.5' Client owned,at client location
3 ` 08"Aglaonema silver bay 1-2' Client owned,at client location
Planter box hallway
4 08"Pothos jade Client owned,at client location
4 • 08"Zamioculcas zamifolia 1.5' Client owned,at client location
3 08"Aglaonema silver bay .1-2' Client owned,at client location
3 - 08"Pothos jade Client owned,at client location
4 08"Zamioculcas zamifolia 1.5' Client owned,at client location
3 08"Aglaonema silver bay 1-2' Client owned,at client.location
Planter box right of elevator
3 08" Pothos jade Client owned,at client location
2 08"Zamioculcas zamifolia 1.5' Client owned,at client location
Planter box at curved bench
3 08"Aglaonema silver bay 1-2' Client owned,at client location
4 08"Pathos jade Client owned,at client.location
3 - 08"Zamioculcas zarnifolia 1.5' Client owned,at client location
3 - 08"Aglaonema silver bay 1-2' Client owned,at client location
rocn EarEartth
EEN PLANTS"
INT£"fQRRAMS MP1.AYS .a++ Certified
"Dedicated to SupeHor Designs&Service" 02/1.7/2022
Office: (630)954-3600 Fax:(630) 954-2785
Page 2 of 3
Village Of Oak Brook VILLOB
3 08"Zamioculcas zamifolia 1.5' Client owned,at client location
4 - 08"Pothos jade Client owned,at client location
3 - 08"Aglaonema silver bay 1-2' Client owned,at client location
Hallway
3 08"Zamioculcas zamifolia 1.5' Client owned,at client location
3 - 08"Pothos jade Client owned,at client location
3 - 08"Aglaonema silver bay 1.2' Client owned,at client location
Planter box across from boardroom
3 - 08"Zamioculcas zamifolia 1.5' Client owned,at client location
3 08"Pothos jade Client owned,at client location
5 08"Aglaonema silver bay 1-2' Client owned,at client location
3 08"Pothos jade Client owned,at client location
Planter by ramp s'
6 • 10"Aglaonema jubilee 2-3' Client owned,at client location j
North entrance by door left
2 06"Pothos jade Client owned,at client location
I - Vista Cylinder Silver Client owned,at client location
2 - 06"Dracaena warneckii goldstar Client owned,at client location
with above
North entrance by door right
2 - 06"Pothos jade Client owned,at client location
1 - Vista Cylinder Silver Client owned,at client location
2 - 06"Dracaena warneckii goldstar Client owned,at client location
with above
PRICING SUMMARY
MONTHLY CHARGES
MONTHLY GUARANTEED MAINTENANCE SERVICE AMOUNT $180.00
Assumes plants are healthy at time of take over
: AGREEMENT rareen Eudr
.aengnsu+,er. .A" CONTACT: Doug Hroba
DATE: 02/1712022 EMAIL: dbroba&ak-brook.org
CLIENT: Village Of Oak Brook MONTIILYAMOUNT: $180.00
ADDRESS... 1200 Oak Brook Road
CITY,STATE,ZIP: Oak Brook,tL 60523
'PERMS AND CONDITIONS
This Agreement(the"Agreement")is entered Into as of the date Indicated below between All America-Phillip's Flower Shop,Inc.,dba Plnitlip's Interior
Plants&Displays("Phillip's")and the client specified above("Client"),who hereby agree as follows:
1. Phillip's fees include all charges for designs,preparation,delivery and installation of all itemized plant material,accessories,and labor including applicable sales,
rental,or similar taxes. All Prices are firm for 30 days from proposal date. Unless otherwise stated,Phillip's monthly fees cover complete plant care and guaranteed
plant roplaccment. Plant care includes watering,pruning,insect and disease management,fertilizing,cleaning and dusting by a horticultural technician, If a plant
should become unhealthy,overgrown,or generally unattractive,it will be replaced by.Phillip's with the same or similar type of plant described in the original
proposal,order,or Agreement,with the type and size of plant detennined at the reasonable discretion of Phillip's. Any additional materials or services not specified
in the initial proposal will be.priced at current market price at the time of order.3rd party fees incurred to manage COI,invoices,etc.will be billed monthly to the
Client as an admin fee.Photographs taken by Phillip's may be used for marketing and social media purposes;wiless specifically instructed otherwiseby client in
writing.
2. Phillip's shall have access to the plants,as well as belt and cold water within a reasonable distance from the plants,between the hours of 8:00 a.m.and 5.00 pan.,
Monday through Friday. Any exceptions to these hours Axe subject to an additional charge negotiated between Client and Phillip's.Adequate levels and duration of
light,as determined by Phillip's,must meet the required needs of the plants,prior to installation of plants.
3. All construction will be substantially completed,furnishings in place and environmental conditions stabilized at client's property prior to delivery of plants. I
Phillip's will have free access to all necessary areas of the building,passageways and freight elevators. installations outside the hours above or requiring special
handling due to architectural limitations will be discussed with Clicat in advance to identify additional costs that may be incurred by Client. Phillip's is not
responsible for delays caused by extreme weather conditions affecting nurseries in Florida and transportation routes from the nurseries,local conditions preventing
safe delivery of perishables to the property,or other conditions,including acts of Plod,beyond the control of Phillip's. In the event of such conditions,Phillip's will
notify client promptly and reschedule installation:as soon as conditions permit, Should client need to delay the installation date,any additional costs incurred by
Phillip's will be paid by Client.
4. Client is responsible for replacement cost of any plant or container that must be replaced for any of the following reasons:technician is unable to service due to a
lacked office,private meeting in progress,etc.;plant material was moved without Phillip's knowledge and approval;well-meaning care by anyone other than
Phillip's;extreme temperature damage(outside 65-80 degrees F);substantial change in lighting from initial levels;damage due to fire,flooding,explosions,or any
other physical or environmental impact;damage caused by cleaning agents,coffee,soda pop,or similar chemicals;theft or damage by Client's staff'or the general a
public;any other harmful condition over which Phi'llip's has no control
5. This Agreement shall commence on the date indicated below and shall continue from the installation of product or commencement of service,with charges for
any partial month prorated,through the next 12 calendar months(the"Initial Agreement Period"),with the next renewal date defined as the first day of the next
calendar month thereafter. Should a reduction in service or an early termination of this Agreement be requested by Client,Client shall be responsible for all
remaining payments plus any unpaid balance on the account,unless otherwise mutually agreed. Reduction or termination of blooming plant installations requires
at least 30-day advance written notice. A one time redesign fee maybe charged when significant design changes are made to an existing plant program.
6. This Agreement will automatically renew for 12 calendar months at the end of the Initial Agreement Period and each year thereafter unless Phillip's or Client i
provides written notice at least 30 days in advance of the renewal. All charges specified are guaranteed for the Initial Agreement Period,but are subject to change
at any time in subsequent renewal periods upon 30 days'notice by Phillip's.
7. Decorative containers dud other accessories purchased from Phillip's are covered by the manufacturer's warranty only. Phillip's makes no representations or
warrantees regarding such non-porishable materials. Phillip's liability for such accessories shall not under any circumstances exceed the purchase price of the
accessories.Special orders require a 50%deposit and cannot be conceited, Whether an order is deemed a special order will be determined at the reasonable
discretion of Phillip's. Contracted items that are returned may incur a restocking fee.
S. Plants purchased ftam Phillip's without a maintenance agreement are guaranteed to be healthy at the time of delivery. If such plants show signs of disease or
insect infestation they will be replaecd within the fist 30 days only, Other than guaranteed maintenance provided for under this Agreement,Phillip's makes no
guarantee about a plant's longevity,no further warranty is expressed or implied and Phillip's liability for such plants shelf not wider any circumstances exceed the
purchase price of the plants.
9. Phillip's accepts no responsibility for care or replacement of plants on Client's premise flirt are not covered under this Agreement. Unless otherwise specified in
the proposal document or subsequent mutual agreement,any additional bulk soil or pruning/cleanitig of specimen plant material or other products and services
provided by Phillip's shall be approved by Client and billed on a time and materials basis,
10.Client agrees to pay all charges under this Agreement within 30 days of the billing date and payments not received by the next billing date are subject to 1.5%
per month(18%annual)service charge. Accounts over 90 days past due are subject to cancellation by Philip's and Client will remain liable for all unpaid amounts
owed,as well as all reasonable costs of collection,repossession;and legal fees. Payment is required in advance or upon.delivery except for rnigoing purchases or
services,in which case credit will be extended upon approval of a credit.application. Purchases on credit are billed at the time of delivery and charges for ongoing
services under this Agreement are billed in advance. Purchase orders are subject to all the terms and conditions of this Agreement.
11.in the event that Client relocates from the installation site to other facilities during the term of this Agreement,Phillip's shall move the plants and accessories as
required and such moving costs shall be fully-paid by Client based on Phillip's then current rates. A 30-day notice is required prior to relocation.
12. All materials rented to Client remain the property of Phillip's and if repossession becomes necessary Phillip's will be allowed free access to Client's premises
between the hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,for the removal of such materials.Phillip's is not responsible for repairs to walls when rented
green walls are removed.
13.In the event of default by either party,such defaulting party shall pay all reasonable legal fees and other costs of the prevailing party in enforcing any of its
rights and remedies under this Agreement.
The individuals signing this Agreement represent and warrant that they Lave full power and authority to enter into this Agreement on behalf of Client and Phillip's
and hereby obligate both Client and Phillip's to all provisions of this Agreement,including any typewritten or handwritten additions or amendments agreed to by
both parties. All of the provisions of this Agreement are hereby binding upon and shall inure to the benefit of the successors and assigns of one parties berete. If
any term or provision of this Agreement,or its application to any party or circumstance,is invalid or unenforceable,all other terms,provisions,and applications of
the Agreement sine[)remain valid and enforceable to the fullest extent permitted by law.
CLIENT SIGNATURE: PHILLIPS SIGNATURE:
PRINT NAME; PRiNT NAME: Shannon McCormick
DATE: DATE: 02/1712022
Gwen Earth
f3REEN PLAN78•.
�» C.W.d
INYEW'P.M. February 17,,2022
Page 1 of 2
Village of task Brook VILLOB
Doug Hroba
Village of Oak Brook
1200 Oak Brook Road
Oak Brook IL 60523
(630) 368-5282
dhroba@oak-brook;org
2022 Holiday Decoration Proposal
5
To reserve dates, sign by July 29,2022
installation Date: November 2022
Takedown Date: January 2023
Rental of materials and -
Materials
Curved Seating Area
1 - LED 9' Pull Tree with red and green decor Rental
Poinsettias for planter boxes
15 7.5" Red Poinsettia in silver containers Purchase
15- 6.5" Red Poinsettia in silver containers Purchase
Labor
Design & Preparation
(This fee is designed to invoice customers for any laborlpreparation work $600.00
done prior to installation)
Installation
(This fee is designed to involce customers for total working hours and travel $360.00
time to complete the Installation of all proposed materials)
Takedown
(This fee Is designed to invoice customers for total working hours and travel $180.00
time to complete the takedown of all proposed material)
Total Labor $1,140.00
Pricing Summary a
Rental of Materials $1,618.00
Purchase of Poinsettias w $1,146.00
Maintenance & Guarantee of Live Plants/Flowers $150.00
(Guaranteed for 3 weeks per rotation)
Labor $1,140.00
Total Amount for 2022 Holiday Decoration Proposal $3,948.00
Client will be invoiced monthly. $329.00 per month
Display Services Agreement
This agreement is made between Phillip's Interior Plants&'Displays,with Its principal offices at 700 Enterprise
Drive,Oak Brook,IL 60523(herinafter referred to as"Phillip's")and
Village of Oak Brook
Located at: 1200 Oak Brook Road,Oak Brook IL 60623
For and In consideration of.the mutual covenants and promises heroin contained,the parties agree as follows:
1. Agrggmeft
Phillip's agrees to provide certain Display Services for the benefit of Customer,and Customer agrees to accept and pay
for such services as described.and set forth In the proposal;which descriptions of.services,costs,and terms of payment,
Is hereby Incorporation by reference,and made fully apart of this Agreement as though set forth herein.
2, kms of Agreement_ This Agreement shall cover the period for the holiday season 2022 through your takedown date.
2. §gryices Provided:
Phillip's shall furnish all necessary labor,materials,and designs advice in providing the Display Services to
Customer.
d. Access ta_Pr01t ses:
Customer shah be responsible for all on-site preparations,prior to,and necessary for,the Installation and
takedown of the.displays by Phillip's,Including the provision of reasonable and timely access to Phillip's
employees to the site so they may perform their work, In the event there is a delay in providing such
access,not caused by,Phllilp's,Customer agrees to pay an additional charge of$80.00 per hour for each
Phillip's employee on the premises,prorated by the actual time of delay,not to exceed$300.00 per
employee per day.
S. Liability: 1
It is understood and agreed that In no event will Phillip's or Customer be responsible or liable for any Incidental,
consequential,or special damages arising out of the performance or-nonperformance of any obligation under this j
Agreement. it is also understood and agreed that Phillip's shall not be responsible or liable for any damages resulting 1
from delays In the Installation and takedown of displays If such delays were caused by National Homeland Security or by
local security authorities and restrictions,
i
6. fate Payment:
If Customer falls to make payment when due,Phillip's may terminate this Agreement and/or impose a late fee of
1,5%per month on any balance unpaid over thirty days from invoice date. A service charge of$25.00 will be
charged for any returned check. if action to collect amounts due under this Agreement becomes necessary, l
Customer agrees to reimburse Phillip's for all casts of such collection,,including reasonable attorney fees and
court costs:
7. �nceilatip V.
If Customer terminates this Agreement for any reason prior to completion,the Customer agrees to promptly
pay Phillip's the actual costs of all materials purchased and all employee labor that has been expended on
the Agreement prior to the date of termination, if a rental agreement Is cancelled,Customer agrees to a
cancellation fee of 25%o-of the rental amount in addition to employee labor expended. I
8. Customer Authorization:
Customer represents and warrants that this Agreement has been duty authorized by the Customer,
and that the person executing this Agreement has the authority to execute this Agreement on
Customer's behalf.
In Agreement thereof,the parties set forth their signatures and acceptance.
Phillip's Interior Plants&Displays Village of Oak Brook
Shannon McCormick Doug Hroba
wIrmp."`p tr 'r�trnrc
Signature 02/17/2022 Signature
Date Date
Proposals signed after July 29, 2022 will incur a 10%labor Increase to
reflect the accelerated production schedule that will be required.
Installation dates are reserved through July 29, 2022 and may be subject to change
on any proposals signed after that date.
PROPOSAL AMOUNT: $3,948.00
INSTALLATION DATE: November 2022
TAKEDOWN DATE: January 2023