HomeMy WebLinkAboutR-24-93VILLAGE OF DEERFIELD
RESOLUTION NO. 2024- R-24-93
A RESOLUTION APPROVING THE RENEWAL OF A CONTRACT WITH
PATRIOT PROPERTY SERVICES LLC, OF JOHNSBURG, ILLINOIS, FOR
TURF 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 November 17, 2023, the Village sought bids for the award of a contract
for turf maintenance services ("Contract'); and
WHEREAS, Patriot Property Services, LLC, of Johnsburg, Illinois ("Contractor's,
was the lowest responsible and responsive bidder of the firms that submitted bid packages to
the Village for the Contract; and
WHEREAS, pursuant to Section 1.1 of the Contract, the Contract may be extended
for up to 3 additional terms of one year; and
WHEREAS, the Village has been satisfied with the services provided by Contractor
and desires to renew the Contract through December 31, 2025, in an amount not -to -exceed
$40,755.00 ("Renewal Contract'); and
WHEREAS, the Mayor and Board of Trustees have determined that waiving bidding
and entering into the Renewal Contract with Contractor 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 CONTRACT. The Renewal Contract by
and between the Village and Contractor 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 CONTRACT. The
Mayor and the Village Clerk are hereby authorized and directed to execute and attest, on
behalf of the Village, the final Renewal Contract upon receipt by the Village Clerk of at least
one original copy of the final Renewal Contract executed by Contractor; provided, however,
that if the executed copy of the final Renewal Contract 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: Metts-Childers
PASSED: December 16, 2024
APPROVED: December 16, 2024
RESOLUTION NO: R-24-93
Daniel C. Shapiro, Mayor
ATTEST:
Kent . Street, Vill ge Clerk
EXHIBIT A
RENEWAL CONTRACT
THE ViUOE Or
DEE4R LD
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the 16th day of December in the year 2024 by and between the
Pillage of Deerfield (hereinafter called Owner) and Patriot Propa* Services LLC. (hereinafter called
Contractor) for the 2025 Turf 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.
ULLAGE OF DEERFIELD
Attest
TTillage President
CORPORATE SEAL
Pillage
�o
O s d
6
CONTRACTOR
Authorized Signatory
If a corporation, affix CORPORATE SEAL
Attest
Authorized Signatory
PAT R I O T
PROPERTY SERVICES LLC
Patriot Property Senices LLC
Landsca Ain g Terms and Conditions
The undersigned ("Client") and Patriot Property Services, LLC an Illinois limited liability company ("Patriot") agree as
follows:
The parties hereby agree that Patriot Property Services, LLC will provide landscaping services at Client's location(s) noted
below in accordance with the following terms for 2024-2025 seasons. This written agreement ("Agreement") contains all
terms and conditions and describes all work to be done with respect to such services. This Agreement supersedes all
previous agreements, including without limitation, any master service agreement if applicable and any verbal communication
made prior to the date of this Agreement.
1. Landscaping & maintenance services will be performed by Patriot Property Services, LLC at Client's location
identified on the quote sheet. Frequencies and service levels will also be identified on the quote sheet.
2. Precipitation and other applicable weather events that may lead to turf damamge or safety concerns may postpone,
delay, or cancel services. Client acknowledges that weather conditions in the area may change rapidly and without notice.
Changes in weather conditions are considered to be an "Act of God" and Patriot Property Services, LLC assumes no liability
for Act of God weather conditions.
3. Billing for general lawn care will be in by the end of each month. All other work outside the scope of general lawn care
should be sent in immediately after the work is completed. All extra work outside of the normal scope will be subject to Net
30 payment requirements.
4. Patriot Property Services, LLC is not liable for incidental damages from plowing or de-icing materials to ground cover,
shrubbery, landscape lighting, parking curbs, paver bricks, hardscapes, blacktop surfaces, concrete, movement of gravel,
moving of vehicles, and snow piling around parked vehicles. Any repair work will be billed at the standard hourly rate plus
material costs.
5. Grass will be maintained at 3-3.25" to help prevent increased turf temperature and the support for weed growth. Any
adjustment to grass cutting height will be relayed to Patriot's foreman or site Director.
6. Client must report property damage at Client's location (for example, damage to buildings and equipment/vehicles)
within 48 hours following Patriot Property Services, LLC's service at Client's location. Patriot Property Services, LLC shall
have no liability if Client fails to report damages with such 48-hour period. Following such damage report Patriot Property
Services, LLC must be allowed to physically inspect and document the damage at Client's location as soon as possible, and
any failure by Client to allow such inspection shall release Patriot Property Services, LLC from all liability for such damage.
7. Patriot practices industry safety standards and will use appropriate PPE, when necessary. Additionally, Patriot will
ensure the highest level of damage prevention. Any damage, or potential damage, will be reported the Client POC
immediately.
8. As part of the general lawn care service, all trash and debris will be picked up and disposed of. This includes paper,
bags, sticks, and tree limbs.
9. All mowing services will include mulched grass clippings. It is the contractors reposponsibility to ensure there are no
grass clumps, debris on roadways, or grass in plant beds present. Any collection of grass clipipngs must be requested by the
customer and will be billed at the applicable rate for collection and dump fees.
10. All herbicide and fertilizer treatments are outlined on the quote sheet that outlines frequencies and material used.
Patriot will hold all applicable licenses with the Illinois Department of Agriculture to apply, purchase, and apply presticides.
11. Patriot Property Services, LLC may charge an additional fee for services performed upon special request or on an
emergency basis. Such additional charges (if warranted by Patriot Property Services, LLC) shall correspond to time and
material invoicing for 100% of the special request or emergency service including all mobilization expenses.
12. In the event that Spot Price for Gasoline increases beyond $5.001 gallon, Patriot Property Services, LLC reserves the
right to apply transportation surcharges to each visit to customer's property.
13. Patriot Property Services, LLC is not liable for any incidents/accidents occurring in between parking spaces as these
areas are not always accessible (for example, vehicles parked in lot through storm).
14. Patriot Property Services, LLC is not liable, and will be held harmless, for any delay or failure to service caused wholly
or in part by any cause not resulting from negligence on the part of Patriot Property Services, LLC including without
limitation to, fire, flood, accident, strike, labor trouble, civil commotion, acts of terrorism, war, demands, requests, or
requirements of governmental authority, product availability, inability to obtain fuel, power, raw materials or acts of God,
including naturally occurring conditions.
15. Past due accounts will not be serviced until account is brought to `current status' as outlined by payment terns inclusive
of this Agreement. Overdue invoices subject to late fees (3% of each invoice overdue effective as of 30 days from the date of
service). Client understands and accepts that delays in payment may result in appropriate legal action being taken to collect
monies owed to Patriot Property Services, LLC.
16. If Patriot Property Services, LLC brings any action against Client to collect monies owed to Patriot Property Services,
LLC, then Patriot Property Services, LLC shall be entitled to recover reasonable attorneys' fees, expert witness fees, court
reporter fees, court costs and all other costs and expenses of such action from Client, which amounts may be set by the court
in the trial of such action or may be enforced in a separate action brought for that purpose, and which amounts shall be in
addition to any other relief which may be awarded.
17. Any disputes of services rendered and invoiced must be reported in writing within two business days of discovered
disputed work or applicable invoicing. All disputes must be submitted in writing to: Randy@patriotpropertyservice.com.
Any disputes not submitted in the proper and timely manner will remain the responsibility of the Client.
18. This Agreement maybe terminated by either party upon not less than 30-day prior written notice
Authorized Agent Initials Date