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R-22-83VILLAGE OF DEERFIELD RESOLUTION NO. 2022- R-22-83 A RESOLUTION APPROVING THE WAIVER OF COMPETITIVE BIDDING AND APPROVING THE PURCHASE OF PLANT MATERIALS FROM RED'S GARDEN CENTER INC. WHEREAS, the Village of Deerfield ("Village's 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 Public Works Department identified a need to purchase plant material for landscaping locations; and WHEREAS, the Village desires to purchase plants and associated items from Reds Garden Center as their material is of high quality. WHEREAS, Red's Garden Center of Northbrook, IL ("Contractor') is a current vendor for the Village of Deerfield; and WHEREAS, the Village Board has determined that it is in the best interest of the Village to waive competitive bidding and approve the purchase of plant material from Contractor; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: WAIVER OF COMPETITIVE BIDDING. Pursuant to its home rule authority, the Village Board hereby waives the advertising and bidding requirements for the purchase of the planting materials. SECTION 3: APPROVAL OF PURCHASE. Pursuant to its home rule authority, the Village Board hereby approves a purchase of plant materials from Contractor for a price not to exceed $30,000.00 pursuant to a purchase order to be approved by the Village Manager. SECTION 4: AUTHORIZATION TO EXECUTE PURCHASE ORDER. The Village Board hereby authorizes and directs the Village President and Village Manager to execute and attest, on behalf of the Village, a purchase order upon receipt by the Village Clerk of at least one original copy of the purchase order executed by Contractor; provided, however, that if the executed copy of the purchase order is not received by the Village Clerk within 30 days after the effective date of this Resolution, then this Resolution will, at the option of the Village Board, be null and void. SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. 00124071.11 AYES: Berg, Jacoby, Oppenheim, Seiden , Shapiro NAYS: None ABSTAIN: None ABSENT: Benton, Metts-Childers PASSED: December 19, 2022 APPROVED: December 19, 2022 RESOLUTION NO. R-22-83 11 Daniel . hapiro, Mayor ATTEST: Kent S. Streit, Village Clerk {00124071.1) 2 VILLAGE OF DEERFIELD Phone:847-945-5000 FacAmile:947-945-0214 DEERFIELD PUBLIC WORKS 465 ELM STREET DEERFIELD, IL 60015 VENDOR: RED'S GARDEN CENTER INC 3460 DUNDEE ROAD NORTHBROOK, IL 60062 Tel 847-272-1209 Requisition 20230014 DATE ORDERED VENDORNO. DATE REQUIRED 01/10/23 073666 01/06/23 LN DESCRIPTION/PART NUMBER ORIGINAL 001 RESOLUTION TO PURCHASE LANDSCAPE PLANT MATERIAL FROM RED'S GARDEN CENTER IN THE AMOUNT (NTE $30,000.00). APPROVED BY VILLAGE BOARD 12/19/2022 ACCOUNTS: 101111-5324 101210-5914 102037-5914 102038-5320 602019-5320 602038-5390 LANDSCAPE MATERIAL FOR 2023 LANDSCAPE CONTRACT PURCHASE ORDER Number: 20230006-00 FY 2023 Page Number: 1 SHIP TO: DEERFIELD PUBLIC WORKS 465 ELM STREET DEERFIELD, IL 60015 DEPARTMENT/LOCATION PUBLIC WORKS tAUANTITY COST EACH EXTENDED PRICE 1.00 30000.00000 30,000.00 PO Total 30,000.00 By accepting and filling this order, or any pan thereof, the seller hereby agrees to, and shall be bound by the terms and conditions printed on the back hereof. The Village of Deerfield is exempt from Illinois Sales Tax (Exemption ID# 5-7787-05). �! / PO rr. 10 25 2022 VfLLAGE OF Df: [ RFIELD - FINANCE -OFFICER TERMS AND CONDITIONS TO BE COMPLIED WITH IN FILLING THIS ORDER: I If this order is not placed, it shall not be filled at prices higher than those last quoted or charged the purchaser, unless such increased prices shall have been authorized in writing by the purchasing agent of the Village. Y. A separate invoice shall be rendered for each order or for each shipment (if more than one), made on an order. Invoices, shipping memorandum and bill of lading shall be dated and mailed on the day of actual shipment, ALL INVOICES SHALL BE MAILED TO THE VILLAGE OF DEERFIELD, FINANCE DEPARTMENT, 850 WAUKEGAN ROAD, DEERFIELD, ILLINOIS 60015. 4. Every package, bill of lading, shipping memorandum and invoice must be marked with the purchase order number of the purchaser, 5 An itemized delivery ticket, bearing the purchaser's order number hereon, must be left with the goods to insure their receipt. If delivery is made by carrier, an itemized delivery ticket must be attached to the outside of the package. e: Delays in shipment shall be reported immediately by the seller to the purchaser. The Village reserves the right to cancel any order where goods are not received within six months of the purchase order date, unless a longer delivery period is specified in the invitation to bid or on the face of the purchase order. All prices must be F.O.B. delivery point. Where specific purchase is negotiated F.O.S. shipping point, the VENDOR is to prepay shipping charges and add to invoice, 8. In case any article sold and delivered to the purchaser hereunder shall be protected by any patent or copyright, the seller agrees to indemnify and save harmless the purchaser, from and against any and all suits, claims, judgments and costs instituted or recovered against it by any persons whomsoever on account of the use or sale of such article by the purchaser in violation of rights under such patent or copyright. q Any act done or omitted to be done by the seller in violation or disregard of the foregoing terms and conditions shall not be binding upon the purchaser, nor shall the purchaser be responsible for any damage or loss to the seller arising out of or in consequence of any such act or omission. 1 Municipality is exempt from State and Federal Excise Taxes. Amount of such taxes will be deducted from invoice unless deduction is clearly shown by seller. Exemption certificates will be supplied by Village upon request. Village is also exempt from Illinois Retailers Occupation Tax (E9995.7787-05). 1 I Goods and materials muss be properly packaged. Damaged goods or materials will not be accepted. 12, Quantities specified in the order are not to be exceeded. 13. V.O, #72-3-G-645 FAIR EMPLOYMENT PRACTICES ORDINANCE: Every supplier of materials and services and all contractors doing business with the Village of Deerfield shall be an "equal opportunity employer" as defined by Section 2000 (e) of Chapter 21, Title 42 of the United States Code Annotated and Federal Executive Orders 411246 and 411375 which are incorporated herein by reference and by the above referenced Village Ordinance which may be cited as V.O. #72-3-G-645, and as such shall not discriminate against any other person by reason of race, creed, color, religion, age, sex or physical or mental handicaps with respect to the hiring, application for employment, tenure, terms or conditions of employment of any person and shall file an affidavit to such effect. 14, Toxic Substances Disclosure All Bidders must comply with the requirements of the Toxic Substances Disclosure to Employees Act, for any material supplied and covered by said act. 15, Contractor is subject to Illinois Prevailing Wage Law, if this contract calls for the construction of a "public work," within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130,'.01 et seq. ("the Act"). The Act requires contractors and subcontractors to pay labors, workers and mechanics performing services on public works projects no less than the "prevailing rate of wages" (hourly cash wages plus fringe benefits) in the county where the work is performed For more information regarding current prevailing wage rates, please refer to the Illinois Department of Labor's website at: bttp://www.state.iLus/aLency/idol/r2tes/rates.tffM . All contractors and subcontractors rendering services under this contract must comply with all requirements of the Act, including but not limited to, all wage, notice and record keeping duties. 16. Payment shall be made pursuant to the Illinois Local Government Prompt Payment Act, 50 ILCS 505/. I' Contractor agrees to maintain all records and documents for projects of the Public Body in compliance with the Freedom of Information Act, 5 ILCS 140 l et seq. In addition, Contractor shall produce, without cost to the Public Body, records which are responsive to a request received by the Public Body under the Freedom of Information Act so that the Public Body- may provide records to those requesting them within the time frames required. If additional time is necessary to compile records in response to a request, then Contractor shall so notify the Public Body and if possible, the Public Body shall request an extension so as to comply with the Act. In the event that the Public Body is found to have not complied with the Freedom of Information Act based upon Contractor's failure to produce documents or otherwise appropriately respond to a request under the Act, then Contractor shall indemnify and hold the Public Body harmless, and pay all amounts determined to be due including but not limited to fines, costs, attorneys' fees and penalties.