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CITY OF WEST CHICAGO
PUBLIC AFFAIRS COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE: Resolution No. 22-R-0056
AGENDA ITEM NUMBER: Ht. B.
A Resolution Approving a Service Agreement with Andy Frain
Services, Inc for Police Records Clerks. FILE NUMBER:
COMMITTEE AGENDA DATE: September 26, 2022
COUNCIL AGENDA DATE: October 3, 2022
PREPARED BY: Colin Fleury, Chief of Police SIGNATURE
APPROVED BY: Michael Guttman, City Administrator SIGNATURE
ITEM SUMMARY:
The City of West Chicago has a contract with Andy Frain Services, Inc, which provides three Police Records Clerk to the
Police Department.
Due to rising inflation and difficulty finding employees to fill the Police Record Clerk positions, Andy Frain Services
proposed an increase in the wages for the Clerks from $22.98 per hour to $23.80 per hour and an increase in other benefits
such as paid time off, vacation time accrual and personal days. All other benefits are covered by Andy Frain Services, Inc.
This will increase the total cost for this service from $143,400 to $148,512.
Staff is requesting to enter into a new Services Agreement with Andy Frain Services, Inc. for the Police Records Clerks for an
amount not to exceed $148.512.
Please see the attached Service Agreement, Exhibit A.
ACTIONS PROPOSED:
Staff recommends approval of Resolution No. 22-R-0056
COMMITTEE RECOMMENDATION:

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RESOLUTION NO. 22-R-0056
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CERTAIN
AGREEMENT WITH ANDY FRAIN SERVICES.
BE IT RESOLVED by the City Council of the City of West Chicago, in
regular session assembled, that the Mayor is hereby authorized to execute and the
Executive Office Assistant is authorized to attest certain Agreement with Andy Frain
Services, Inc., a copy of which is attached hereto as Exhibit “A.”
APPROVED this 3" day of October 2022.
AYES:
NAYES:
ABSTAIN:
ABSENT:
Mayor Ruben Pineda
ATTEST:
Executive Assistant Valeria Perez
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ANDY FRAIN
—_en
SERVICES
SERVICE AGREEMENT
City of West Chicago Police Department Records Clerks
This Service Agreement (“Agreement”) is entered into as of August 1, 2022 (“Effective
Date”), by and between Andy Frain Services, Inc., an Illinois corporation with its principal
office located at 761 Shoreline Drive, Aurora, IL 60504 (“Contractor”), and the City of West
Chicago, with its principal place of business at 475 Main Street, West Chicago, IL 60185
(“Customer”) (collectively, the “Parties”).
UNDERSTANDINGS
Ng Customer represents that it owns and operates the premises as more fully
described in the Location of Services identified in Schedule 1 to this Agreement;
2. Contractor is in the business of supplying personnel and related services
(“Services”) and is willing to furnish such services and personnel to Customer with respect to
the Property and subject to the terms, conditions and provisions of this Agreement; and
3. Customer desires Contractor to furnish the Services and Contractor desires to
furnish the Services at the Property, as further described below.
NOW, THEREFORE, in consideration of the foregoing, and for good and other
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Contractor and Customer hereby agree as follows:
AGREEMENT
il Engagement. Customer and Contractor agree that Contractor shall furnish
Services at the Property (as defined in Schedule 1), and Contractor agrees to furnish Services
and subject to the terms, conditions, and provisions of this Agreement. The rates, location,
scope, and other specifics of the Services (i.e., the “Statement of Work”) are more fully
described in Schedule 1. In the event of a conflict between the terms and conditions of this
Agreement and the terms and conditions set forth in Schedule 1, the terms and conditions of
this Agreement shall control.
2s Term. This Agreement shall commence on August 1, 2022 and shall continue
until December 31, 2023 (“Initial Term”), unless terminated earlier pursuant to the terms and
conditions of this Agreement. After the Initial Term of this Agreement, the Parties may
exercise three (3) one-year options for extension, memorialized by the mutual written
agreement of the Parties.
3. Nature of Services. As set forth in Schedule 1, Contractor shall furnish
personnel (“Service Personnel”) as requested by Customer at the Property in accordance with
the terms and conditions of this Agreement.
a. The Contractor’s Service Personnel shall be assigned to specific posts
at the Property pursuant to an agreed upon personnel deployment. The service dates, number
of Service Personnel, hours and locations for Services may also be included in Schedule 1.

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Any Post Orders (special assignment details to the position) prepared by or at the direction of
Customer may also include information related to the assigned post, provided, however, that
such Post Orders ate not incorporated herein and may not contradict the terms of this
Agteement. In the event of a conflict between the Contractor’s obligations set forth herein
and any applicable Post Orders, this Agreement shall control.
b. If at any time Contractor believes that additional Service Personnel or
related actions in excess of the Services expressly requested by Customer are necessary to
properly furnish Services at the Property, Contractor may so inform Customer. However, the
Parties agree that Contractor’s responsibility is solely limited to providing Service Personnel,
and Contractor has not been engaged by Customer as a consultant or otherwise to provide
advice or an assessment of security, safety, site evaluation or event staffing needs at the
Property, except as otherwise specifically stated herein. Contractor shall not be responsible
for any decisions or security or safety assessments made by Customer or anyone else, including
pertaining to the sufficiency and assigned location of Service Personnel.
4. Obligations of Contractor. Contractor agrees as follows:
a. Contractor shall provide the Service Personnel and furnish the Services
requested by Customer. The Parties agree that any change in the scope of Services
contemplated by this Agreement, including any modification, supplementation or reduction
in Services, shall be made by a request in writing by Customer and, if such changes or
modifications are accepted by Contractor, shall be agreed upon in writing signed by Customer
and Contractor.
b. Contractor represents that all Service Personnel utilized by Contractor
under this Agreement shall be trained by Contractor using Contractor’s approved
materials /instructions and shall be competent to perform their duties and otherwise furnish
the Services.
ce At Contractor’s sole cost and expense, Contractor shall provide each
Service Personnel with any equipment identified in Schedule 1, as it shall, with the approval
of Customer, deem necessary or appropriate.
d. Contractor shall furnish Services in conformity with practices which
are generally accepted and current in the industry.
e. Contractor shall comply with all applicable local, State, and Federal
laws, rules and regulations which govern the Services and furnishing of the same.
f. Contractor represents it is fully authorized to furnish Services at the
Property.
5. Obligations of Customer. Customer agrees as follows:
a. Customer shall pay Contractor for the Services provided by Contractor
at the rates mutually agreed upon and pursuant to the terms and conditions contained stated
in this Agreement.
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b. Customer shall remain solely responsible for any decisions or
directions to Contractor concerning the location, number or extent, or placement or
sufficiency of Service Personnel requested under this Agreement. Customer will not materially
alter any express instructions or directions given by Contractor to the Service Personnel. To
the extent allowed by law, Customer shall be solely liable for any and all such alterations or
supervision and agrees to indemnify, defend and hold harmless Contractor from and against
any and all losses, claims, expenses (including reasonable attorney’s fees) or damages arising
from or relating to such alterations and/or supervision, but only to the extent they were the
result of and caused by such alterations or supervision.
c. To effectuate this Agreement, Customer shall provide Contractor with
such information, including the Post Orders concerning the Property or sufficient information
to enable Contractor to prepare Post Orders for the Property, as are necessary for Contractor
to furnish the Services pursuant to this Agreement.
d. Customer shall provide Contractor with information Customer has
pertaining to the Property necessary to ensure that the Service Personnel are trained and
ptepared to provide the Services at the Property. In the event that Contractor believes it
requires additional information, it shall contact Customer within seven (7) calendar days.
Except as otherwise set forth herein or agreed by Contractor, Customer shall be solely
responsible for managing and maintaining the Property and otherwise managing, maintaining
and providing any services with respect to the Property, other than the Services contemplated
by this Agreement.
e. Customer represents it is fully authorized to retain Contractor to
provide Services at the Property.
6. Payment Terms.
a. Rates. Customer shall remit payments to Contractor for all performed
Services at the rates set forth in Schedule 1.
b. Invoices. Contractor shall invoice Customer for Services performed
under this Agreement. Invoices shall be sent to Customer on a monthly schedule at the
following:
City of West Chicago
c/o: Dean Myles
475 Main Street
West Chicago, IL 60185
ci Payment. Payments for Services for each invoice are due thirty (30)
calendar days from the invoice date. Any objection, dispute or claim regarding the amount of
an invoice or the Services rendered (or not rendered) must be sent in writing by Customer to
Contractor within thirty (30) calendar days from the date Customer received such invoice,
setting forth the nature of the objection, dispute or claim, and including all supporting
documentation, or such objection, dispute or claim shall for all purposes be deemed waived
by Customer. The Local Government Prompt Payment Act (50 ILCS 505/1, et seg.) shall apply
and govern any payment of a late fee for any unpaid, outstanding total balance owed for
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Services per month (or any part thereof). The Customer shall pay all reasonable collection and
attorney’s fees and costs which may be incurred by Contractor in the attempted collection or
collection of any properly submitted invoice(s) not paid pursuant to this Agreement.
d. Records. Upon request and in accordance with its obligations under
the Freedom of Information Act (5 ILCS 140/7(2) (“FOIA”) and the Local Records Act (50
ILCS 205/1, et seq.), the Contractor shall furnish Customer with copies of all records pertaining
to this Agreement, including completed timesheets and other records which form the basis of
billings for Services performed by Contractor under this Agreement. Such records shall
contain information sufficiently detailed so as to indicate the Property where and when such
Services were performed and with what Service Personnel. Contractor shall retain possession
of such records in accordance with the requirements of the FOIA and LRA.
e. Rate Change. Rates as stated herein are subject to adjustment for
changes in any Federal, State, or municipal law, regulation, or administrative ruling resulting
in any increase in work hours, wages, benefits, taxes, working conditions or other cost incurred
by Contractor in the performance of this Agreement. In the event Contractor desires to adjust
such rates, Contractor shall provide Customer with written notice of such desired adjustment.
Within thirty (30) calendar days of receiving such notice of desired adjustment, Customer may
terminate this Agreement otherwise, after such notice period, such desired adjustment shall
become immediately effective and shall remain in effect until the earlier of termination of this
Agreement or any further annual or other adjustment as provided by this Agreement.
ig Cancellation Fee. Contractor has allocated resources to the Services
that may be difficult or impractical to reallocate to other projects in the event of any
cancellation. In the event of cancellation of this Agreement less than 48 hours prior to the
commencement of Services date, Customer shall pay 4 hours for each Contractor employee
scheduled to provide Services. In the event of cancellation of this Agreement after its
commencement date, but prior to the termination date, Customer shall pay for all hours
actually worked and a 15% cancellation fee predicated on the estimated subtotal for Contractor
Services to have been provided through the termination date provided in Section 2 above.
fl Service Personnel. Contractor’s Service Personnel shall meet the following
requirements:
a. Independent Contractor. Contractor is an independent contractor of
Customer. All Service Personnel shall be the employees of Contractor and shall not under
any circumstances be deemed to be employees of Customer. Contractor shall pay all wages,
all applicable taxes and shall comply with all other legal obligations as the employer of the
Service Personnel.
b. Supervision. The customer shall at all times be responsible for the
direct supervision of Service Personnel, contractors, subcontractors, agents, licensees, and
those assigned to and responsible for managing Services at the Property. A designated
representative of Contractor shall, in turn, report and confer with a designed representative of
Customer at the Property with respect to the Services performed under this Agreement. Such
reporting and conferring shall occur as frequently as mutually agreed upon by the Parties from
time to time.
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G Background Checks. Contractor represents that Contractor has or will
perform criminal background checks for all Service Personnel in accordance with applicable
Federal, State, municipal and local law that includes criminal and, if applicable, motor vehicle
histories and may include other matters as required by applicable law. Contractor further
represents that all such Service Personnel have passed such background checks prior to
furnishing the Services. Such background checks shall be obtained by Contractor at
Contractor’s sole cost and expense. The cost of any additional background checks or more
extensive background checks required by Customer shall be reimbursed by Customer.
8. Equipment. Any and all property, equipment, supplies and materials furnished
by Contractor hereunder and placed at or on any of the sites identified in this Agreement shall
remain the property of Contractor, and Contractor shall at all times during and after the term
of this Agreement have the sole and exclusive right to install, maintain, replace and remove
such property, equipment, supplies and materials.
9. Insurance. Contractor shall maintain during the term of this Agreement, at its
own expense, insurance policies insuring Contractor and the Service Personnel furnishing
Services at the Property, as follows:
TYPE OF INSURANCE LIMIT OF INSURANCE
General Commercial Liability - Occurrence Form $1,000,000 Per Occurrence
Workers Compensation & Employers Liability Statutory
Business Auto Liability including Hired and Non $1,000,000 Combined Single Limit
Owned Auto Liability
Excess/Umbrella $9,000,000 Per Occurrence
$9,000,000 Aggregate
Contractor agrees solely with respect to liability caused by the sole negligent acts of Contractor,
to name Customer its officers, employees and directors as Additional Insureds on Conttractor’s
General Commercial Liability and Auto liability insurance policies. Prior to commencing
Services under this Agreement, contractor shall furnish to Customer Certificates of Insurance,
with policy declarations and endorsements attached, reflecting Customet’s status as an
additional insured on these policies, on a primary and noncontributory basis.
10. Indemnification. Contractor shall indemnify Customer, its officers, members,
affiliates, subsidiaries, and employees from and against losses, claims, damages, injuries,
liabilities and judgments that Customer may sustain and which are determined to by court of
law to be caused solely by the direct, gross negligent acts of Contractor or Service Personnel
while engaged in the performance of contracted-for Services under this Agreement, and
subject to the provisions set forth herein. To the extent allowable by law, Customer shall
indemnify Contractor, its officers, members, affiliates, subsidiaries and employees from and
against losses, claims, damages, injuries, liabilities and judgments that Contractor may sustain
and which are determined by court of law to be caused negligent or contributory negligent
acts of Customer.
Notwithstanding anything to the contrary in this Agreement, Contractor shall not
indemnify or be required to indemnify Customer from or against any losses, claims, damages,
injuries, liabilities or judgments to the extent that they are: (i) caused by the contributory
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negligence of Customer or its directors, officers, members, partners, affiliates, licensees,
invitees, representatives, agents, or employees; (it) atising from Customet’s business decisions,
including but not limited to, decisions to remove patrons or personnel from the Property and
decisions regarding the number or placement of Service Personnel or hours of service; (tit)
caused by or resulting from the wrongful or negligent acts, errors or omissions of third parties;
or (iv) arising out of injury to or death of any employee of Contractor, unless caused solely by
the direct negligence of Contractor.
Notwithstanding anything to the contrary in this Agreement, Contractor shall not be
liable to Customer for any injury (including death) to any person, including an employee of
Contractor, arising from a slip, trip or fall due to any premises defect while on or near the
premises of Customer. It is expressly understood and agreed that Contractor is not
responsible for performing any maintenance or construction services including but not limited
to elevator or escalator maintenance, concrete, sidewalk, walkway, tile, carpeting (or
floor/ground/stair covering of any kind), pavement, curb, roadway, light repair, lock or alarm
device repair or maintenance, building upkeep, snow removal, or garbage, debris, food, water
or transient substance removal. It is further understood and agreed that Contractor is not
required or requested to report any maintenance needs or failures to Customer, other than
those obvious during reasonable inspection and which pose an immediate danger to persons
permitted on the Property.
Notwithstanding anything to the contrary in this Agreement, Contractor shall not be
liable to Customer for any injury or illness caused by any person entering onto Customer’s
property. Contractor does not warrant nor represent that its Services will prevent any injury
or illness caused by any person entering onto Customer’s property.
Notwithstanding anything to the contrary in this Agreement, the Parties agree that any
additional insured or indemnity provision throughout this Agreement applies only to claims
caused by the direct negligent acts of Contractor and its employees while performing agreed
upon duties and Services.
11. Limitation of Liability.
a. Liability: Contractor shall not be liable for any loss of profits or any
consequential, indirect or special loss, damage or injury of any kind suffered or incurred by
Customer arising directly or indirectly from the performance or non-performance of
Contractot’s obligations under this Agreement (including, but not limited to, a failure to meet
the agreed upon number of Service Personnel for the purposes of the Agreement), any breach
of Contractot’s obligations under or in connection with this Agreement or from any
negligence, misrepresentation or other act or omission by Contractor or Contractor’s
employees, agents or contractors.
b. Maximum Liability: Contractor’s liability, whether in contract or
pursuant to any cancellation of this Agreement or in tort or otherwise, in respect to all claims
for costs, loss, damage or injury arising from breach of any of Contractor’s obligations arising
under or in connection with this Agreement, from any cancellation of this Agreement or from
any negligence, misrepresentation or other act or omission by Contractor or its employees,
agents or contractors, shall not exceed $500 in respect of one event (or a series arising from
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the same event). Where there is more than one event (or seties arising) Contractor’s aggregate
maximum liability during the term of this Agreement is limited to $500.
Cc: The limitations contained in this Section 11 shall not apply to any
third-party claim against Customer, or to Contractor’s obligations of indemnity and defense
as provided in Section 10 above.
12. Contractor’s Employees. During the term of this Agreement and for a period
of twelve (12) months immediately following the end or termination of this Agreement,
Customer shall not directly solicit or offer to hire, or hire any employees of Contractor,
without the prior written consent of Contractor. This paragraph shall survive termination of
this Agreement, regardless of the reason of, basis for or circumstances surrounding such
termination.
13. Force _Majeure/Suspension of Service. In the event that Customer’s
operations at the Property where services are performed are halted or substantially decreased
by reason of war, hostilities, revolution, riot, civil commotion, terrorist attack, national
emergency, strike, labor dispute, lockout, picketing, unavailability of supplies, epidemic,
pandemic, fire, flood, catastrophic weather-like issue, earthquake, force of nature, explosion,
embargo, Act of God, or other cause beyond the control of the Customer, then those portions
of this Agreement concerning Services to be provided at the affected Property shall, upon
twenty-four (24) hours written notice from Customer to Contractor, be suspended until
further written notice by Customer to Contractor. Notwithstanding the foregoing, Customer
shall pay, in accordance with the terms hereof, Contractor for all Services provided or
scheduled to be provided prior to such suspension of, or decrease in, operations.
In the event Contractor is prevented from completing this Agreement by reason of
Force Majeure, this Agreement may be suspended for the duration of such hardships, on
twenty-four (24) hours’ notice addressed by Contractor to Customer, provided that Contractor
uses reasonable efforts to cure or mitigate any delays or failure to perform.
14. Default. Each Party may terminate this Agreement immediately if any of the
following events shall occur: (a) default by the other Party in the performance of the terms
and conditions of this Agreement, including but not limited to Customer’s failure to timely
make payments required hereunder when due, which default continues for five (5) calendar
days or more after written notice from the other Party; (b) if at any time during the term of
the Agreement there shall be filed by such Party in any court, pursuant to any statute, either
of the United States or of any state, territory or possession, a petition in bankruptcy, or
insolvency, or for reorganization, or for the appointment of a receiver to receive all or a
portion of such Party’s property; (c) if such Party makes an assignment for the benefit of
creditors; or (d) if such Party is declared bankrupt in an involuntary proceeding, or is ordered
into receivership.
15. Notices. All notices with respect to or required by this Agreement shall be
deemed sufficient if deposited with the United States mail, certified or registered, with
adequate postage affixed and properly addressed to the respective receiving Party at the
address identified below:
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To Customer:
City of West Chicago
c/o: Michael Guttman, City Administrator
475 Main Street
West Chicago, IL 60185
To Contractor:
Andy Frain Services, Inc.
Attn: David Clayton, President & CEO
761 Shoreline Drive.
Aurora, IL 60504
Tel: (630) 820-3820
Copy: Stacey McGlynn Atkins, General Counsel
Notices will be effective on the first business day following receipt thereof. Notices sent by
certified mail or courier will be deemed received on the date of delivery as indicated on the
return receipt or delivery notices; notices sent by facsimile will be deemed received on the date
transmitted as indicated on the facsimile transmission confirmation page. Rejection or other
refusal to accept or inability to deliver because of changed address or fax number of which no
notice was given, shall not affect the validity or the effectiveness of the notice, request, or
other communication. In the event of a change in address or fax number, the Parties agree, if
feasible, to provide at least five (5) days’ prior written notice thereof.
16. Assignment. This Agreement shall not be assigned in whole or in part by either
Party without the prior written consent of the other Party provided, however, that so long as
a Party is not in default under this Agreement, that Party may assign this Agreement to an
entity with which it merges or consolidates or which acquires substantially all of its assets or
stocks.
17. Confidentiality. By virtue of the Agreement, the Parties may have access to
information that is confidential to one another (“Confidential Information”). Confidential
Information means any and all technical and non-technical information provided by either
Party to the other, including but not limited to trade secret, and proprietary information of all
types, including, but not limited to, business methods, techniques, sketches, drawings, works
of authorship, models, inventions, know-how, processes, apparatuses, equipment, algorithms,
software programs, software source documents, and formulae related to the current, future,
and proposed products and services of each of the Parties, and including, without limitation,
their respective information concerning financial information, procurement requirements,
purchasing, manufacturing, customer lists, customer data, investors, employees, business and
contractual relationships, business forecasts, sales and merchandising, marketing plans and
information the disclosing Party provides regarding third parties. Each Party shall permit
access to Confidential Information of the other Party only to those of its employees or
authorized representatives having a need to know and who have agreed to the terms of this
Agreement. To the extent allowed by law, each Party shall take such action as shall be necessary
ot appropriate to preserve and protect the Confidential Information of the other Party, and in
any event using means not less protective than those used to protect its own Confidential
Information. Confidential Information shall not be reproduced or stored in any form except
as required to accomplish the intent of this Agreement, or as otherwise required by law. Any
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reproduction of any Confidential Information of the other Party by either Party shall remain
the property of the Party disclosing Confidential Information (the “Disclosing Party”) and
shall contain any and all confidential or proprietary notices or legends which appear on the
original, unless otherwise authorized in writing by the other Party. Notwithstanding the above,
a Patty to whom Confidential Information was disclosed (the “Recipient”) shall not be in
violation of this Section 16 with regard to a disclosure that was in response to a valid order by
a court or other governmental body or otherwise required by law, including requests pursuant
to the Illinois Freedom of Information Act, 5 ILCS 40/1, et seq. A party’s Confidential
Information shall not include information that: (a) is or becomes a part of the public domain
through no act or omission of the other party; (b) was in the other party’s lawful possession
prior to the disclosure and had not been obtained by the other party either directly or indirectly
from the disclosing party; (c) is lawfully disclosed to the other party by a third party without
restriction on the disclosure; or (d) is independently developed by the other party. Nothing
shall prevent either Party from disclosing the terms or pricing under the Agreement in any
legal proceeding arising from or in connection with the Agreement or from disclosing the
Confidential Information to a governmental entity or pursuant to lawfully issued subpoena,
or as otherwise required by law.
18. Entire Agreement, Amendments. This Agreement, Schedules, and other items
expressly incorporated herein constitute the entire understanding and agreement of the Parties
with respect to matters contained herein and supersede all prior agreements or understandings,
if any, between the Parties related to the matters contained herein. Neither Party has relied on
any, nor are there any, oral or parol agreements, promises, representations or inducements not
contained in this Agreement. No provisions of this Agreement may be amended or modified
in any manner whatsoever, except by an agreement in writing signed by each of the Parties.
19. | No Third Parties. No person other than the Parties to this Agreement has any
rights or remedies to, under or deriving from this Agreement. This Agreement creates no
third-party benefits.
20. Severability. If any term or provision of this Agreement, or the application
thereof, to any person or circumstance shall, to any extent, be invalid or unenforceable, the
remaining terms and provisions of this Agreement, or the application of such terms or
provisions to the person or circumstances, other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each term and provision of this Agreement
shall be valid and shall be enforceable to the fullest extent permitted by law.
21; Miscellaneous.
a. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument. Execution of this Agreement may be completed by
electronic signature or e-mail transmission. Electronic or e-mail signatures shall have the same
force and effect as an original, hard copy of such signature.
b. Survival. The representations, warranties, covenants and agreements
contained in or made pursuant to this Agreement shall survive the termination of this
Agreement.
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c; Choice of Law/Jurisdiction. This Agreement shall be governed by and
construed in accordance with the laws of the State of Illinois, DuPage County. The Patties’
consent that any action brought to enforce the terms of this Agreement shall be brought in
the Circuit Court of Will County, Illinois and the parties waive any right to object to the
jurisdiction of the State of Illinois over any dispute concerning this Agreement.
d. Non-Waiver. Any waiver, permission, consent or approval of any kind
or nature by any party hereto, must be in writing and shall be effective only in the specific
instance, to the extent of and for the specific purpose given, and the same shall not operate or
be construed as a waiver of any subsequent breach, default, provision or condition of this
Agreement by any party hereto, including the party to whom originally given.
e. Successors. This Agreement shall be binding upon and inure to the
benefit of Contractor and Customer and their representative successors and/or assigns.
f. Time is of the Essence. Time is of the essence with respect to each
Party’s obligations under this Agreement.
[SERVICE AGREEMENT SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties hereto as of the day and year first written
above have duly executed this Agreement.
ANDY FRAIN SERVICES, INC., an Illinois Corporation
By:
Laura Grund
Executive Vice President
Date:
CITY OF WEST CHICAGO
By:
Ruben Pineda
Mayor, City of West Chicago
Date:
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SCHEDULE 1
STATEMENT OF WORK
City of West Chicago Police Department Records Clerks
This Statement of Work (“Statement of Work”) is entered into as of August 1, 2022
(the “Effective Date”) by and between Andy Frain Services, Inc., an Illinois corporation
having a place of business at 761 Shoreline Dr., Aurora, IL 60504 (“Contractor”) and City of
West Chicago (“Customer”). Contractor and Customer may be collectively referred to herein
as the “Parties”. All capitalized terms used but not otherwise defined in this Statement of
Work shall have the meanings ascribed to such terms in the Agreement (defined below).
WHEREAS, the Parties entered into that certain Service Agreement (the
“Agteement”);
WHEREAS, the Parties desire to execute this Statement of Work which is issued
pursuant to the Agreement;
WHEREAS, the Parties agree that this Statement of Work shall be incorporated by
reference into the Agreement;
Now therefore, in consideration of the mutual covenants and promises contained
herein and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
1. Services. The Services shall consist of Record Clerk Services Personnel
furnished for Customer at the Property (defined below).
2. Term. The Term of this Statement of Work shall be as provided in the
Agreement, and subject to the terms and conditions of the Agreement.
3 Service Location. 325 Spencer Street West Chicago, IL 60185 (hereafter
“Property”). Locations may be added or removed via written consent of the Parties.
4. Scope of Work. Provide Record Clerk Service Personnel at the Property
pursuant to Customer’s requested post orders.
5. Rates. Contractor shall provide the Service Personnel and Equipment at the
below rate:
August 1, 2022 —- December 31, 2023
Service Personnel Regular Holiday
Record Clerk $23.80 $35.70
The Parties expressly agree that personnel will work 8.5-hour shifts (including a half-
hour unpaid lunch), minimum 260 workdays, Monday — Friday.
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The Parties expressly agree that the Contractor will provide three (3) Record Clerk
Service Personnel per workday.
The Parties expressly agree that personnel will receive five (5) personal time off
(PTO) days per calendar year, funded by the Customer.
The Parties expressly agree that personnel will receive one (1) week (five (5) business
days) vacation time per calendar year, funded by the Customer.
The Parties expressly agree that personnel will accrue PTO and vacation time at a
rate of 0.31 hrs. per full day worked, effective first day of billable services.
Included:
e All management and administrative cost; industry standard training and state
certification (for licensed positions)
e All payroll and associated expense
e All recruiting, screening and hiring expense
e Workers Compensation, Auto, and General Liability Insurance
Additional coverage hours requested by Customer beyond those set forth in the Deployment
(request for work hours outside of standard work day or agreed to OnShift shift
extension/overtime) will be billed at standard bill rates with one-week advance notice, additional
coverage hours without one-week advance notice, will be billed at 1’ times the standard bill rate.
The Customer agrees to provide for eight paid Holidays per calendar year: New Year's Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving,
Christmas Eve and Christmas Day. Record Clerk Service Personnel will be off of work as well as
receive eight hours of pay at the normal rate for these Holidays, funded by the Customer. The
actual dates these Holidays will be observed for purposes of this Agreement will be consistent with
those for City of West Chicago employees not subject to Collective Bargaining Agreements.
Invoicing: a) due net 30.
Invoices shall be sent to:
City of West Chicago
c/o: Dean Myles
475 Main Street
West Chicago, IL 60185
6. This Statement of Work shall be incorporated into the Agreement by
reference.
erms and conditions that conflict with the terms and conditions of the
extent of any such conflict, the Parties agree that the terms and conditions of the Agreement
shall control. In addition, the Parties agree that the Agreement shall not be modified,
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supplemented, or amended by the terms of any invoice, purchase order, and/or other
document,
IN WITNESS WHEREOF, the Parties hereto have executed this Statement of
Work as of the first date written above.
CONTRACTOR: CUSTOMER:
ANDY FRAIN SERVICES, INC. CITY OF WEST CHICAGO
By: By:
Laura Grund Ruben Pineda
Executive Vice President Mayor, City of West Chicago
Date: Date:
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