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R-23-06VILLAGE OF DEERFIELD RESOLUTION NO. 2023- R-23-06 A RESOLUTION WAIVING BIDDING AND AUTHORIZING THE VILLAGE TO ISSUE A PURCHASE ORDER TO AQUACHEM OF AMERICA FOR BIOSOLIDS POLYMER. 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 Water Reclamation Facility produces biosolids as a byproduct of the treatment process and requires the addition of a polymer to aid in the removal of excess water in the biosolids; and WHEREAS, the Village conducted extensive polymer trials in 2018 to identify the most cost effective polymer for the dewatering of the biosolids; and WHEREAS, the Village has budgeted up to $35,000.00 for polymer for the 2023 year; and WHEREAS, the Department of Public Works and Engineering recommends that the Board of Trustees authorize the execution of a purchase order for Aquachem of America to provide the necessary polymer for 2023 in an amount not to exceed $35,000 ("Purchase Order'); and WHEREAS, the Village Board has determined that it will serve and be in the best interests of the Village and its residents to waive competitive bidding and issue the Purchase Order to Aquachem of America; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, 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 Services. SECTION 3: APPROVAL OF PURCHASE. Pursuant to its home rule authority, the Village Board hereby approves a purchase of polymer from Aquachem of America for 2023 for a price not to exceed $35,000.00 pursuant to a purchase order to be approved by the Village Manager. SECTION 4: AUTHORIZATION TO EXECUTE PURCHASE ORDER. The Mayor and the Village Clerk are hereby authorized and directed to execute and attest, on behalf of the Village, a Purchase Order for the purchase of polymer from Aquachem of America. If the executed copy of the Purchase Order 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 5: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: None PASSED: February 6, 2023 APPROVED: February 6, 2023 RESOLUTION NO: R-23-06 Danie . Shapiro, Mayor ATTEST 5 ;�f— Kent S. S reet, Village Clerk VILLAGE OF DEERFIELD Phone:847-945-5000 Focsimile:E.17-9,15-0214 DEERFIELD SEWER 104 5 HACKBERRY DEERFIELD, IL TREAMENT PI,ANT !N DESCRIPIION/PARTNruMBER ORIGINAL PURC}IASE BfOSOLIDS POLYMER AOUACHEM OF AMERICA, INC. NTE $35, 000 . 00 . APPROVED BY VTLI,AGE BOARD ACCOITNT #s42052-5422 001 BTOSOLIDS POLYMER FOR WRF VENDOR: AOUACHEM OF AMERICA INC 2631 N. MEADE ST STE 104 APLLETON, WT 54 91]- Reguisitsion 20230067 DATEORDERED VENDORNO. DATEREOUIRED FREIGHTNIETHOD/TERMS 02/16/23 r-05354 02/L7 /23 PURCHASE ORDER Number: 20230061-00 FY 2023 Page Number: 1 50015 FOR WRF FROM IN THE AMOIJNT 2/5/2023 SHIP TO: OU,\r-TITY 1.00 35000.00000 PO Total PLANT u\Tt:\Dut) PRt( u 3s,000.00 35,000.00 DEERFIELD SEWER TREA]VIENT 1045 HACKBERRY DEERFIELD, IL 50015 DEPARTMENT/LOCATION SEWER TREATMENT PI,ANT ( o\I It\( By accepting and filling this order, or any pan thereof, the seller hereby agrees ro, and shall be bound by the terms and conditions printed on the back hereof. The Village of Deerfield is exernpt fiom Illinois Sales T&\ (Exemption ID# 95-'718'7-05). m 16 lrlz/20r1 VILLACE OF DEERFIELD FINANCE OFFICER 4 5 I l0 II l2 l-l l-l I6 I7 TERMS AND CONDITIONS TO BE COMPLIED WITH IN FILLING THIS ORDER: lf this order rs not placed, it shall not be Iilled at prices higher than those last quoted or charged lhe purchaser, unless such increased prices shall have been authorized rn writing by the puchasing age oftheVrllage. A separate invoice shall be rendered for each order or for each shipment (ifmore than one), made on an order. Invoices, sbipping mernorandum and bill oflading shall be dated and mailed on the day of actual shrpment. ALL I]{VOICES SHALL BE MAILED TO THE VILLACE OF DEERFIELD, FINANCE DEPARTMENT, 850 WAI,.KEGAN ROAD, DEERFIELD, ILLINOIS 600I 5. Every package, bill of lading, shipping memorandum and invoice must b€ marked with the purchase order number ofthe purchaser. An itemized delivery ticket, beanng the purchaser's order number hereorL musl be left with the goods to hsu.e theit receipt. lfdelivery is made by carrier, an itemized delivery ticket must be attached to the outside ofthe Package Delays in shipment shall be reported immedately by the seller to the pwchaser. 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 penod rs specified in the invitation to bid or oo the face ofthe purchase order. All prices must be F.O.B. dehvery point. Where specific purchase is negotiated F.O.B. shipping point, the VENDOR is to prepay shipping charges and add to invoic€. In case any article sold and deli\.ered to the purchaser hereunder shall be protected by any patent or cop)T ight, the seller agrees to rndemnify and save harmless the purchaser, from and against any and all suits, clarms, judgments and costs instituled or recovered against lt by any persons whomsoever on account of the use or sale of such article by the purchaser in violation of rights tmder such patent or coplright. Any act done or omitted to be done by the seller in violation or drsregard 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 ansing out ofor in consequence ofany such act or omission. Muntcipaltty is exempt from State and Fedcral Excise Taxes Amount of such taxes wrll be deducted from invoice ur ess deduclion is clearly shown by seller. Exemption ceilficates will be supplied by Village upon request. \'illage is also exempt from Illinois Retailers Occupation Tax (E9995-7787-05) Goods and materials must be properly packaged. Damaged goods or materials will not be accepted Quantiles specified in the order ar€ not to be exceeded V o #72-3.G-(,45 FAIR EMPLOYMENT PMCTICES ORDINANCEI Bver\ supplier of matenals and senices and all contraclors doing business rl.ith the Vrllage ol Deerfield shall be an "equal opportunily emplo)er" as defined by Section 2000 (e) of Chapter 21, Tttle 42 of the United States Code Annotated and Federal Execulive Orders #l 1246 and Pl 1175 which are incorpomted herein b.v reference and by the above referenced Villagg Ordinance which may be crted as V.O. #72-J-C-645, and as such shall not discnminate against any oth€r person by reason ofrace, creed, color, religion. age, sex or physical or mental handicaps with respect to the hlring. applicalion for employurenl, tenure, tenlrs or conditions of ernployment of an) person and shall file arr amdavit to such effecl Toxic Subsrances Disclosure .\ll Bidders rnusl conrpl) $ilh tlle requrremcnts ofthc Toxrc Subsrances I)isclosure lo Ernplolees -\cl. for anl malerial supplied arld co\cr.d b) said act Contracror is subject to lllinois Prevaihng \\ age Las, if this contract calls for the construction of a "public work," wilhin the meaning oflhe Illinois Prevailing \\age Acl, 820 ILCS ll0.0l el seq ("lhe Acf'). The Act requires contractors and subcontractors to pay labors, workers and mechanics performing senrces on public works projecls no less than the'prevalling rate of wages" (hourly cash wages plus fringe benefits) in the county where the work is performed For more infoffnatron regarding currenl prevailing wage rates, please refer to the Illinois Depanment of Labor's webslte at: http://wryw.st te.ll.us/reepcv/idoUrates/rsies.HTM All contractors aDd subcontractors rendering services under this contiad must comply with all requirements ofthe Act, including but not limited to, all wage, notice and record keeping duties. Pa),rnent shall be made pursuant to the Illinois Local Govemment P.ompl Paymenl Acl, 50 LCS 505i. Contractor agrees to mainlain all records and documents for projects of lhe Public Body in compliance wilh the Freedom of Information Act, 5 ILCS l40rl el seq In addition. Conhactor shall produce, without cost lo the Public Body, records which are responsive to a request received by the Public Bod) under the Fteedom of Information Act so that the Pubhc Body may provide records to those requesting them within the time frames required. Ifadditional time is necessary to compile records in response to a request, then C.ontractor shall so notif) the Public Body and ifpossible, the Public Body shall request an extension so as to comply with the Act. ln the event that the Public Body rs found to have not complied with the Freedom oflnformation Ac( based upon Confactor's failure [o produce documents or otherwise appropriately respond to a request under the Act, then Contractor shall mdcrnnify and hold the Public Body harn ess, and pay all amounts determined to be due including but not limited to fines, costs, attomeys' fees and penalties. 3