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HomeMy WebLinkAbout23-0918 Chi-Town Cleaning ServicesCLEANING SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this _/ day of 2023, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Chi -Town Cleaning Services, Co., an Illinois corporation, (hereinafter referred to as "Chi -Town" or "Seller"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree. as follows: I, I'i 11:`I IAtiI:, City shall purchase, and Chi -Town shall sell and provide. the goods and/or services described in RFP No, 23-019, incorporated herein by reference ("UP"), and in the attached specifications consisting of two (2) pages; attached hereto and made a part hereof as Attachment A. 2. PAYMENT. City shall pay the total sum of $22,260 in 12 monthly installments of $1,855 each. 3. TERM, This Agreement shall commence upon the execution hereof by the parties and shall terminate July 3.1,.2024. City may also terminate this Agreement for any reason in the City's sole discretion upon thirty (30) days written notice to Chi -Town without penalty. In the event of any such termination by the. City, Chi -Town, shall be paid on a pro rata basis for work actually performed or goods actually delivered. 4. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, attached hereto and made a part hereof. 5. ll ANV/V'I+.NU . This agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be the Circuit Court of Kane County, Illinois. Chi -Town hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof; and Chi -Town agrees that service by first class US. mail to Chi -Town, 7033 W. Higgins Avenue, Chicago, IL 60656 shall constitute effective service. Both parties hereto waive any rights to a jury. 6. ,NO NIi)IIIFL � 1'II;.� d. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 7. MERGER. This agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this agreement shall supersede all previous communications, representations or agreements; either verbal, written or implied between the parties hereto. S. INTEREST, Chi -Town hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 50511, et seg.), as amended, or the Illinois Interest Act (815 ILLS 205/4, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion. and/or termination of this agreement. 9 ';1f:N1fe,I•I�1ll<l`1�1'°rV. The terms ofthis agreement shall be severable. In the event any of the terms or the provisions of this agreement are deemed to be void or otherwise unenforceable for any reason; the remainder of this agreement shall remain in full force and effect. 10 i`'t}l 'II"I.I:1N 'I�, 'i'i'It IxAW. Notwithstanding any other provision of this agreement, it is expressly agreed and understood that in connection with the performance of this agreement, Chi -Town shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace. safety and legal status of employees. Without limiting the. foregoing, Chi -Town hereby certifies, represents and warrants to the City that all of Chi-Town's employees and/or agents who will be providing products and/or services with respect to this agreement shall be legally authorized to work in the United States. Chi -Town shall also; at its expense, secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this agreement. The City shall have the right to audit any records in the possession or control of Chi - Town to determine Chi-Town's compliance.with the provisions of this section. In the event the City proceeds with such an audit, Chi -Town shall make available to the City Chi-Town's relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 11..I+ <�ii.+C'tlyl`iillg'. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email or other electronic means, shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine, email or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 12. CONFLICT. In the event of any conflict between the terms and provisions of this agreement and RFP or Attachment A hereto, the terms and provisions of this agreement shall supersede and control. In the event of a conflict between the terms and provisions of Attachment A and the terms and provisions of RFP, Attachment A shall supersede and control. 13. 1LIMITATION OF IIAMA(i EX In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 14, INI)IRMNIFI.CATION, To the fullest extent permitted by law, Chi -Town agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages .or any and all other.relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Chi -Town or Chi-Town's officers, employees, agents or subcontractors in the performance of this agreement, including but not limited to, all goods delivered or services or work perfonned hereunder. In the event of any action against the City, its officers, employees,: agents, hoards or commk ic�tis covered by the foregoing ditty to indemnify, defend and hold harmless, sueh action shall be def�ilded by legal counsel of the City's choosing. 15. RKLA" 1710N.IflI111 tlrt+,`("Wl1Y:tid1N t`lit 1'rilt'[`1t .. This A�;ivallzent shall not be, construed so tMs to +��`004;c a joint �venhire, pal tf.) 1-sh�ilr, c(l) �loyrr�ent or other �get�cy relationship between the parties hereto. 16, t_, y4ri±�tt. Neither party hereto shall be responsible far any consequential, inditeet; punitive or intidenf tl damages for < riy reasonwi)atsoever•. Ally delay or failure to enforc ally right$. by either patty tui :ing out of or pursuant to. this Agreement shall not constitute, and shall not be construed: as, a waiver of any such rights.. 17, I tllVil'I', i`bt`1 t31�'i C`1'I>l`+':. Chi -Town shall not be entitled to, and hereby waives, any and_ all til;lits that it might have to file suit or brim; any catisc of ttcti6n or clji,m ibr tlarnages agaiwt the City of Elgin and/or its affilitztcs, 'officers, ett7ployecs, agents, attorneys, boards and canliiti si+ins of rtr y nature whatsoever and in whatsodVer ronun aftOr two {2) years from the date of this Agreement t13: If►f:It:It)tt.t�I.i:'fli+,.. Nctt�itiXstttt3cl.itttrytl3inl; to the conit,at'y prE�icicd for hercin~ the City shall be ctititic;d to pertnrnt hackground checks on any Chi-T wn etriplay�e perfctnn ng. Work at tiny City owned pro 01ty. City- i n.wtt shall ttrlly cooperate with the. iterfr,iwanc.e of such hackgrauttd.. chocks. C:hi-Towta� shall not utilize the services any person to perform any services hereunder t� whom the City objects fir any lawful reason, and shall immediately re.inove any such pet'son from perfonning services p ttsuant to this agreement upon 24 hows notice Of objections by City. The person signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf. IN WITNESS WHEREOF, the parties have hereto set their hands the day and year first above written. C:1-11-TOWN CLEANING SERVICES, CO CC l ELG[N Print Name tichard G. Koval, City Manager Att , t: 04(lAt 4 City Clerk Title Legul nrptlAgrcemen[\C:hi-'Ib%vn Cicnning Seivicog-purelinse Agr-6-fi-23.dncx ATTACHMENT A Normal Cleaning is $880/month Deep cleaning carpets is $2,450 x 2 times/year Gym & lockers is. $1,700 x 4 times/year Annual Total Weekly Labb Clean and wash interior lobby glass up to entrance door height Clean main entrance, windows;.heat registers, metal and doors Clean side entrances, windows, metal and doors Clean glass display cases Clean water fountains Clean common area signs Clean glass and outer counter of front desk Clean baseboards as needed Dust vertical surfaces up to 8 feet high Do not clean bathrooms, floors or empty garbage. it lev .ators Clean doors, walls and door tracks Clean fixtures and panels Cures Wipe clean all vending machines Clean water fountains Clean all hand rails with treated duster Clean private entrance glass on both sides Dust fixtures, fireboxes, pictures $10,560 $ 4,900 6 800 $22,260 Patrol Arca Trust furniture, desks, phones, filed cabinets and blinds in first floor supervisor offices Dustfurniture, counters, computers and phones in report writing area and wipe clean .Dust coffee bar area and wipe clean Clean windows in roll call Clean back entrance, windows, heat registers, metal and doors 1311senf0tt ;VI" Disinfect workout equipment Sweep and mop floor 2 tilneLli year- 4 ► ee'sc1can Task a t osver payyer,'titrtth the lrtclrer tTrtnts ttrt{l the roie-ctiem crtal): 'Fite Inciters need to be )*i 1ecl dea:rt As Nviell. Dettail cleAtrt Iltese facilities. Carnet 4haaxtt rta tlxe ettt`t'et_itr_the frsttalattl; rttra te, tr."1 ile t°Uom mall CId a'a!ittt e' L arc ones fled aced it Will IW cle""c' Jtlt cte.anetl iri [ceded. Tb a cerls to. be s 'am taxed. Wantlm�t rr o-cimately 74 C.las� anew jrou (I levellte:;2 ;t:ll lte r►at �t! d;:`Icail out. Entrance rlarsry €111 the tjlttsb tli )lrt t etcltinatc rttt till floors in. the; admire .ottice aattsl tla,%N t?tt the doors. Other tterr• istt.tts�r lei c1�v i•tr�s�ttrrle ilt��s# rrir3Ytlltttl [l 5