R-23-57VILLAGE OF DEERFIELD
RESOLUTION NO. 2023- R-23-57
A RESOLUTION APPROVING A RENEWAL OF AN AGREEMENT WITH
ADVANCED TREE CARE INC. LLC. OF LINCOLNSHIRE, ILLINOIS FOR
TREE TRIMMING 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, on December 7, 2020, the Village entered into an agreement ("Prior
Agreement') with Advanced Tree Care Inc., of Lincolnshire, IL ("Consultant'), for the
provision of tree trimming services ("Services'); and
WHEREAS, pursuant to Section 1.1 of the Prior Agreement, the Prior Agreement
may be extended for up to two additional terms of one year; and
WHEREAS, the Village has been satisfied with the Services provided by Consultant,
and desires to extend the Agreement through December 31, 2024, at rates consistent with
the provisions set forth in Section 1.1 of the Prior Agreement ("Renewal Agreement'; and
WHEREAS, the Mayor and Board of Trustees have determined that waiving
completive bidding for the Services the entering into the Renewal Agreement with
Consultant will serve and be in the best interest of the Village and its residents;
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 Section 9-16
of the Village Code and the Village's home rule authority, the Village Board waives the
requirement of competitive bidding for the procurement of the Services.
SECTION 3: APPROVAL OF RENEWAL AGREEMENT. The Renewal
Agreement by and between the Village and Consultant is hereby approved in substantially
the form attached to this Resolution as Exhibit A, and in a final form and substance
acceptable to the Village Manager and the Village Attorney.
SECTION 4: AUTHORIZATION TO EXECUTE RENEWAL AGREEMENT. The
Mayor and the Village Clerk are hereby authorized and directed to execute and attest, on
behalf of the Village, the final Renewal Agreement upon receipt by the Village Clerk of at
least one original copy of the final Renewal Agreement executed by Consultant; provided,
however, that if the executed copy of the final Renewal 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.
(00120937.11
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, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: Metts-Childers
PASSED: December 4, 2023
APPROVED: December 6, 2023
RESOLUTION NO: R-23-57
Daniel C. Shapiro, Mayor
ATTEST:
Ke t S. Street, Village Clerk
(00120937.11
EXHIBIT A
Renewal Agreement
{00120937.1 }
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THE 'AIL_ E OF
DELILD
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the 4th day of December in the year 2023 by and between the Village
of Deerfield (hereinafter called Owner) and Advanced Tree Care. Inc. _(hereinafter called Contractor) for
the 2024 Parkway Tree Trimming and Disposal of Wood, Brush, and Debris. Owner and Contractor,
in consideration of the mutual covenants hereinafter set forth, agree as follows:
Article 1. CONTRACT DOCUMENTS
1.1 The Contract Documents which comprise the entire agreement between Owner and Contractor
concerning the Work consist of the following:
This Agreement;
Specifications bearing the title GENERAL CONDITIONS AND SPECIAL CONDITIONS;
Instructions to Bidders;
Non -Collusion certificate;
Non -Discrimination Certificate
Addenda, if any;
Subcontractor's Certificates (if any);
Contractor's Bid Proposal; and
Other documents attached to the Agreement including but not limited to insurance, surety, bonds
and financial information.
1.2 There are no Contract Documents other than those listed above in this Article 1. The Contract
Documents may only be amended, modified or supplemented by Change Order approved, in
writing, by the Owner and Contractor.
Article 2. WORK
2.1 Contractor shall complete all Work as specified or indicated in the Contract Documents.
2.2 If the Contractor fails to correct defective Work or persistently fails to carry out the Work in
accordance with the Contract Documents, the Owner, by a written order, may direct the
Contractor to stop the Work, or any portion thereof, until the cause for such order has been
eliminated; however, this right of the Owner to stop the Work shall not give rise to any duty on
the part of the Owner to exercise this right for the benefit of the Contractor or any other person or
entity.
2.3 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract
Documents and fails within 7 days after receipt of written notice from the Owner to commence
and continue correction of such default or neglect with diligence and promptness, the Owner may,
after 7 days following receipt by the Contractor of an additional written notice and without
prejudice to any other remedy he may have, make good such deficiencies. In such case an
appropriate deduction may be taken by Owner from the payments then or thereafter due the
Contractor for the cost of correcting such deficiencies. If the payments then or thereafter due the
Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the
Owner.
Article 3. EFFECTIVE DATE
The term of this Contract shall be one (1) year commencing January 1, 2024.
Article 4. CONTRACT PRICE
Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents.
Article 5. CONTRACTOR'S REPRESENTATIONS
In order to induce Owner to enter into this Agreement, Contractor makes the following representations:
5.1 Contractor has familiarized itself with the nature and extent of the Contract Documents, Work,
site, locality, and all local conditions and Laws and Regulations that in any manner may affect
cost, progress, performance or furnishing of the Work.
5.2 Contractor has given Owner written notice of all conflicts, errors or discrepancies that he has
discovered in the Contract Documents and the written resolution thereof by Owner is acceptable
to Contractor.
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One
counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents
have been signed or identified by Owner and Contractor.
VILLAGE OF DEERFIELD
By
Vil ajze President
Attest
CORPORATE SEAL
Village
CONTRACTOR
LM
Authorized Signatory
If a corporation, affix CORPORATE SEAL
Attest
Authorized Signatory