HomeMy WebLinkAboutR-24-88VILLAGE OF DEERFIELD
RESOLUTION NO. 2024- R-24-88
A RESOLUTION APPROVING THE RENEWAL OF AN AGREEMENT WITH
MILIEU DESIGN, LLC, OF LAKE ZURICH, ILLINOIS,
FOR LANDSCAPE MAINTENANCE 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 19, 2022, the Village entered into an agreement with
Milieu Design, LLC, of Lake Zurich, Illinois ("Consultant'), for the provision of landscape
maintenance services ("Agreement'); and
WHEREAS, pursuant to Section 1.1 of the Agreement, the 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 renew the Agreement through December 31, 2025, in an amount not -to -exceed
$43,322.00 (`Renewal Agreement'); and
WHEREAS, the Mayor and Board of Trustees have determined that waiving bidding
and entering into the Renewal Agreement nt 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 its home rule
authority, the Village Board hereby waives the advertising and competitive bidding
requirements for the landscape maintenance 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.
SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval by two-thirds of the Village Board according to law.
AYES: Benton, Berg, Goldstone, Jacoby, Oppenheim
NAYS: None
ABSTAIN: None
ABSENT: Melts -Childers
PASSED: December 16, 2024
APPROVED: December 16, 2024
RESOLUTION NO: R-24-88
G=
Daniel C. Shapiro, Mayor
ATTEST:
f � k 9V
Kent . Street, Village Clerk
EXHIBIT A
RENEWAL AGREEMENT
THE VI!E OF
DEL4ELD
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the 16th day of December in the year 2024 by and between the
Tillage of Deerfield (hereinafter called Owner) and Milieu Design, LLC. (hereinafter called Contractor)
for the 2025 Landscape Maintenance. 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, 2025.
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.
TILLAGE OFDEERFIELD
IIn
Tillage President
CORPORATE SEAL
OF
o'• SEAL : O
�•Or
Attest�EI D
illage Clerk
CONTRACTOR
C
Authorized Signatory
If a corporation, affix CORPORATE SEAL
Attest.
Authorized Signatory
am
�i1.IEL�
LANDSCAPING
525 Enterprise Parkway
Lake Zurich, IL 60047
Office:847-465-1160 Fax:847-465-1159
Email: hello a milieuland.com
Website: htto://miheuland.com
October 8, 2024
Subject: Village of Deerfield Landscape Services 2025
Dear Mr. Robert Phillips:
Thank you for working with Milieu on the landscaping in the Village for 2024. Please accept this letter as notice of our desire to
continue servicing the Village under the current contract in 2025, including the following:
• Village Hall
• Deerfield Cemetery
• Village Planting and Maintenance contract
Under the contract document, there is a provision for the Village (at its sole discretion) to renew the contract. The Bureau of Labor
Statistics website displays a CPI increase on a YTD basis of 3.0% for this Region. Kindly reference the following website:
https://www.bls.gov/regions/midwest/news-release/consumerpriceindex chicago.htm
As a long-term service provider to the Village, Milieu is committed to finding efficiencies in our operations and passing them along to
the Village. We feel that it is our responsibility to the Village. Therefore, we are respectfully requesting only a 1.75% increase in
prices from 2024 to 2025 (not the full 3.0%). Your professional review, consideration, and approval are welcomed.
While making your decision, please consider the following:
• Milieu has a perfect safety record with the Village of Deerfield
• Milieu has performed to a very high level of quality throughout our history with the Village
• Milieu continues to be a good steward of Village resources
• Milieu is highly responsive and flexible to staff guidance, redirection, and requests
• Village staff are familiar with our supervisor Ron Reed, foreman George Mondragon, and new client care manager Andy
Severin
I do appreciate your consideration and welcome discussing this with you further. Please let me know the next steps.
David Xa)w
David Hare
Client Care Manager