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R-23-02VILLAGE OF DEERFIELD RESOLUTION NO. 2023- R-93-09 APPROVING AN AGREEMENT WITH ELEVATOR INSPECTION SERVICES COMPANY, INC. FOR ELEVATOR INSPECTION SERVICES WHEREAS, the Village of Deerfield ("Village') is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and WHEREAS, the Village desires to retain a company to provide elevator inspection services in the Village ("Services'); and WHEREAS, Village staff obtained two quotes from companies to provide the Services; and WHEREAS, Elevator Inspection Services Company, Inc. ("Consultant') has provided the most advantageous proposal to provide the Services pursuant to an agreement for a period of two years with an option to extend the agreement for an additional year; and WHEREAS, the Village Board has determined that it will serve and be in the best interests of the Village and its residents to approve an agreement with Consultant pursuant to this Resolution; SECTION 1: RECITALS. The Village Boai'd hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: APPROVAL OF AGREEMENT. Pursuant to the Village's home rule authority, the agreement by and between the Village and Consultant is hereby approved in substantially the form attached to this Resolution as Exhibit A and a final forin approved by the Village Attorney ("Agreement"). SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The Mayor and the Village Clerk are hereby authorized and directed to execute and attest., on behalf of the. Village, the: final Agreement upon receipt by the Village Clerk of at least one original copy of the final Agreement executed by Consultant; provided, however, that if the executed copy of the final Agreement is not received by the Village Clerk within 60 days after the effective date of this Resolution, then this authority to execute and attest will, at the option of the Mayor and Board of Trustees, be null and void. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. [SIGNATURE PAGE FOLLOWS] {00130246.1) AYES: Benton, Berg, Metts-Childers, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: Jacoby PASSED: January 17, 2023 APPROVED: January 17, 2023 RESOLUTION NO. R-23-02 ATTE ' Kent ; . S .reet, 1 i age ('lerk r Daniel C. Shapiro, Mayor {00130246.1) EXHIBIT A {00130246.1 } AL EIS w"x=1msn Cnm sanm=ter: w VV -AlluoAc• TO: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 PHONE: 847-719-7403 BUILDING LOCATIONS: Deerfield, IL. DATE: December 8, 2022 CONTRACT #: 12082022-1 CET Contract for Services: Elevator Inspection Services Company, Inc. (hereafter referred to as EIS), as an independent contractor, shall provide the services of inspection for all vertical transport conveyances operating within the legal jurisdictional boundaries of the Village of Deerfield and any additional services as from now on set forth: Service Provided: Our standard service includes the following. • EIS inspectors are State licensed, QEI certified, bringing experienced expertise directly from the elevator industry. • An Account Manager will be assigned to you, offering "One Point of Contact" for scheduling, billing, and code information. • All inspections will be performed in accordance with ASME A17.1 standards by our Illinois licensed QEI certified inspector. EIS -conducted inspections will comply with the State of Illinois Public Act 096-0054. • A copy of the inspection report is left at the location and a second copy is mailed with the invoice. EIS will provide code -mandated or client -requested inspections, execute proper follow-up verification by filing the necessary documentation, and finalize the inspection cycle with a client report. When suitable, we will furnish custom reports as mandated by local authorities. Fees: Plan Retiriew and Approval: Eigh(� and 00/100 Dollars (M.00) Provide plan review and approval based on prints submitted. Acceptance Inspectiow N/C EIS will provide an initial acceptance inspection of a new or modernized unit. If an acceptance inspection fails, the elevator contractor is billed for our services, not the Village of Deerfield. 745 MC CLINTOCH DRIVE, SUITE 485 • BURR RIDGE, IL 60527 680423-6541 • WNVW LEVAT9R-IN5PFCTION COM • 680-343-7149 FAX 1 ,. EI S iN.EVm=imsmum sowwn cmpAw W17- Annual Inspections: Nineteen and 00/100 Dollars ($19.00) per inspection, This service will consist of annual inspections of all units as described by address location on the Village of Deerfield listing master and accessory equipment in accordance with ASME A17.1. A written report will be sent to you after each inspection stating any code violation(s) or hazardous condition(s). Code Compliat= Re -Inspections: Seventeen and 00/100 Dollars ($17 00) * after initial inspection A thirty (30) day re -inspection is scheduled for all conveyances which "failed" an initial inspection to ensure previously cited code violations are corrected. Re -Inspection: The State of Illinois required thirty (30) day re -inspection is scheduled for each unit reported as "failed" during the initial inspection. In the event an inspection by EIS discloses a code violation, the obligation to remedy/repair said violation in a timely manner shall be the sole and exclusive responsibility of the building owner/conveyance operator to which the failure report was issued Accordingly, said building owner/conveyance operator agrees to hold harmless and indemnify EIS from any and all liability and/or controversy(is) relating to non-performance by the building owner/conveyance operator relative to the remedy/repair of said violation(s) and for any subsequent re -inspections) by EIS which is/are deterred due to the building owner's/conveyance operator's non-performance as stated herein. Terms and Conditions: This Inspection contract starts January 1, 2023, and is for Two (2) years with a One (1) one-year extension option. Invoices will follow within thirty (30) days of the completed inspection, and terms are Net thirty (30) days from the date of invoice. The Village of Deerfield will generate the Certificates upon passed Inspections from EIS. It is agreed that Elevator Inspection Services Company, Inc. shall not be liable for any loss or damage by any cause beyond EIS' reasonable control. In any event, EIS shall not be liable for consequential damages, or reasonably foreseeable damages arising from an accident occurring between the initial inspection and the re - inspection. Successors and Assigns: The Owner, managers and EIS respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents as referred to herein. Except as provided in this Agreement, neither party shall assign the Contract without the written consent of the other. if the owner or managers attempt to make such an assignment without such consent, they shall remain legally responsible for all obligations under the Contract. Rights, Remedies & Waivers: Duties and obligations imposed by this Agreement and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise set or available by law or in equity. No action or failure to act by the Owner, manager, or agent thereof shall constitute a waiver of a right or duty afforded them under this Contract, not shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 745 MC CLINTOCL DRIVE, SUITE 285 • BURR RIDGE, IL 60557 680-858-6541 • yyS kYATO - eIo' uif 680-848-7149 FAX 2 EI S wAvxm ws wmm smwncoMmm%mis If any provision of this Contract should be held to be void, voidable, or unenforceable, the rennininng portions of said Contract shall remain in full force and effect Except as expressly provided to the contrary herein, all provisions of this Contract shall survive all performances hereunder. Modifications: This Agreement constitutes the entire Agreement of the parties with respect to the subject matter of this Agreement. It shall not be modified or amended in any respect except by a written instrument executed by all the parties. Attorney's Fees: If any action, suit litigation, or other legal proceeding is instituted to remedy, present or obtain relief from a breach of this Contract or arising out of a breach of this Contract, the prevailing patty shall recover all of said party's cost and attorney's fees incurred in each and every such action, suit, litigation and/or proceeding. Legal Jurisdiction/Venue: The laws of the State of Illinois shall govern the rights and duties arising under this Contract Acceptance: I/we agree to the terms and conditions as stated and outlined in this Contract and further state that the signatory as affixed hereto is day authorized to execute this Contract Village of Deerfield Accepti d by:-, Title: :� _.__ Elevator Inspection Services Company Inc. _---Date ' AI, 2,6Z3, Accepted by: ADate // ^'A;2 Title. 745 MC CLINTOCL DRIVE, BUITZ !SS • BURR RIDGE, IL 60S27 680-828.6541 N.ELEVATOR-JNTSPECT- 690-848-7149 FAR 3