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HomeMy WebLinkAboutResolution - 2017-R0401 - Deere & Company - 10/26/2017Resolution No. 2017-RO401 Item No. 6.16 October 26, 2017 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Purchase Order No. 31035748 for the purchase of one John Deere 5085E Utility Tractor as per BuyBoard 529-17, by and between the City of Lubbock and Deere & Company of Cary, North Carolina, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on October 26, 2017 k DANIEL M. POPE, MAYOR F.11611k,16 " a�— Reb cca Garza, City Secretar APPROVED AS TO CONTENT• � %� Scott Snider, Assistant City Manager APPROVED AS TO FORM: Ke li Leisure, Assistant City Attorney ccdocs: RES.Purchase Order 31035748.John Deere 5058E Utility Tractor 10.10.2017 `'- City of Lubbock TEXAS PURCHASE ORDER TO: DEERE & COMPANY 2000 JOHN DEERE RUN CARY North Carolina 27513 Page - 1 Date - 10/0912017 Order Number 31035748 000 OP Branch/Plant 3526 SHIP TO: CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK Texas 79404 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY-*Myr Marta Alv ez, Director of Purchasing & Contract Management Ordered 10i0912017 Freight Requested 11127/2017 Taken By Delivery J LOERWALD REQ 50921 BUYBOARD 529-17 Description/Supplier Item Ordered Unit Cost UM 5085E Utility Tractor 1.000 51,132.9800 EA CC 5221 Terms NET 30 DAYS S GONZALEZ Extension Request Date 51,132.98 11; 27/ 2017 Total Order 51,132.98 This purchase order encumbers funds in the amount of $51,132.98.00 awarded to Deere & Company of Cary, NC, on October 26 , 2017. The following is incorporated into and made part of this purchase order by reference: Quote Number 16132162 dated September 27, 2017 from Deere & Company of Cary, NC and BuyBoard #529-17. Resolution # 2017-RO401 CITY OF LUBBOCK Daniel M. Pope, Mayor ATTEST: Re cca Garza, City Secretary Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TX I SELLER TO PACKAGE GOODS Seller w ill package goods in accordance with good commercial practice. Each shipping container shall be clearly and per manerak marked as follows (a) Seller's name and address. (b) Consignee's name, address and purchase order or purchase release number and the supply aamment number if applicable. (cl Container number and total number of containers a L. box I of q boxes, and (d) the number of the container bearing the packing slip Seller shall bear cost of packaging unless others se pros ided Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications Buyer -s count or weight shall be final and conclusi%e on shipments not accompanied by packing lists 2. SHMNIENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation and no tender of a bill of lading w ell operate as a tender of goods 3. TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Bu%er until Buyer actually receives and takes possession of the goods at the point or points of deln en q. NO REPLACEMENT OF DEFECTIVE TENDER Even tender of deh%ay of goods must fully comply with all provisions of this contract as to time of delt%en quality and the like If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender provided. where the time for performance has not yet expired, the Seller may reasonabh nonfy Buyer of his intention to cure and may then make a conforming tender w ithin the contract time but not aflemard 5. INVOICES S PAYMENTS a. S e I I e r shall submit separate invoices in duplicate one each purchase order or purchase release after each delve en Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable Invoices shall be itemized and transportation charges if any, shall be listed separately A copy of the bill of lading and the freight %%zybdl when applicable• should be attached to the invoice, Mail To Accounts Pa%able Cin of Lubbock P O Box 2000 Lubbock Texas 79457. Pavmem shall not be due until the abo%c instruments are submitted after deln en 6, GRATUITIES. The Buva rtu%. by v%niten notice to the Seller, cancel this contract without habnlin to Seller if it is determined by Buyer that gratuities in the form of entertainment gifts or otherwise were offered or green by the Seller or any agent or representative of the Seller, to any officer or employee of the Cm of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the nuking of am determinations w ith respect to the performing of such a contract In the event this contract is canceled by Buyer pursuant to this provision. Buyer shall be entitled, in addition to any other rights and remedies to reco%er or u uhhold the amount of the cost incurred by Seller in pro%iding such gratuities 7 SPECIAL TOOLS S TEST EQUIPMENT If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified b% the Seller as such S WARRANTY -PRICE a. The price to be paid by the Buya shall be that contained in Seller s bid which Seller warrants to be no higher than Seller s current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase In the event Seller breaches this wv aranty the prices of the hors shall be reduced to the Suller's current prices on orders by others. or in the altarame Buyer may cancel this contract without liabilit% to Seller for breach or Seller s actual expense b The Seller %earrams that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission percentage. brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business For breach of viciation of this %vamnq the Buyer shall have the right in addition to any other right of rights to cancel this contract without liabrhn and to deduct from the contract price, or otherwise recover without Iiabdit% and to deduct from the contract priceor otherwise reco%er the full amount of such commission, percentage brokerage or contingent fee 9 WARRANTY -PRODUCT Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in thebid rot nation, and to thesample(s) furnished by The Seller, dam In the event of a conflict or between the specifications. drawings and descriptions the specifications shall go%cm. Notwithstanding am provisions contained in the contractual agreement. the Seller represents and warrants fault -bee performance and fault -free result in the processing date and date related data (including, but not limited to calculating. comparing and sequencing) of all hardware. software and firnware products deli%ered and sery ices pro%ided under this Contract, indi%idually or in combination as the cue may be from the effective due of this Contract The obligations conlamed herem appt, to products and sere ices provided by the Seller its sub- Seller or any third pam involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract Failure to comply w ith am of the obligations contained herein. may result in the City of Lubbock availing itself of any of its rights under the la%v and under this Contract including, but not limited to, its right pertaining to Termination or default The warranties contained herem are separate and discrete from any other warranties specified in this Contract and we not subject to any disclaimer of warranty, implied or expressed. or limitation of the Seller's liability which ma, be specified in this Contract, its appendices, its schedules. its annexes or any document incorporated in this Contract but reference 10. SAFETY WARRANTY Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U S Department of Labor under the Occupational Safer and Health Act of IWO In the event the product does not conform to OSHA standards. Buyer pas, return the product for correction or replacement at the Seller s expense In the event Seller fails to make the appropriate Llw"MMon within a reasonable time, correction made by Buycr w ell be at the Seller's expense I I NO WARRANTY BY BUYER AGAINST LNFRINGEMENTS As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance w ith the specifications attached to this agreement will giro rise to the rightful claim of any third person by way of infringement of the like Buyer makes no warranty that the production of goods according to the specification w ill not gi%e rue to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the e%ent that Seller is sued on the grounds of infringement of the like If Seller is of the opinion that an infringement or the like will result, he will notif, the Buya to this effect in writing within two weeks after the signing ofthis agreement If Buyer does not receive notice and is subsequently held liable for the infringement or the like. Sella will save Buyer harmless If Sella in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like. the contract shall benull and %aid 12. NON APPROPRIATION All funds for payment by The Cin under this contract are subject to The a%ailabnlit, of an annual appropriation for this purpose by the City In the event of monappropriatinn of funds by the City Council of the City of Lubbock for the goods or services provided under the contmcl. the Cin will terminate the contract without termination charge or other liability on the last day of the then -current fiscal year or when the appropriation made for the then current year for the goods or sen ices co%ered b, this contract is spent. whichever elect occurs first If at am nme funds are not appropriated for the continuance of this contract. cancellation shall be accepted by the Seller on thirty (30) days prior written notice. but failure to gi%e such notice shall be of no effect and the Cin_ shall not be obligated under this contract beyond the date of termination I I RIGHT Or iw,i ( I li )\ lie..:I .I -ell In a tt:r n 'l I I iris) cvt Ill, L ds at deln en bcf Ir a ceptiog [Item N CANCELLATION Buyer shall haze the right to cancel for default all or any pan of the undelivered portion of this order if Sella breaches any of the terms hereof including warranties of Sella or if the Sella becomes insolvent or commits acts of hankruptc, Such right of cancellation is in addition to and not in lieu of an% other remedies which Buyer nta, have in law or equity Is TERMINATION The perfo rnanceof% cirk under this order may be terminated in whole. or in pan by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the dch%er% of the Sella of a "Nonce of Termination" specifying the extent to which performance of` ork under the order is terminated and the date upon which such termination becomes effect i%a Such right or lamination ination t in addition to and not in lieu of the rights of Buyer set forth in Clause 14. herein 16 FORCE MAJEURE Neither party shall be held responsible for losses. resulting if the fulfillment of an% terns of pro%isions of this contract is delayed or pre%ented by any cause not w whin the control of the pain whose performance is interfered w ith, and which by the exercise of reasonable diligence said party is unable to prevent 17 ASSIGNMENT -DELEGATION No right or interest in this contract shall be assigned or deleeation of any obligation made by Seller without the written permission of the Buyer Any attempted assignment or delegation b% Seller shall be w holly %aid and totally ineffective for all purpose unless made in conformity w rah this paragraph. 18 11 AVER No claim or right arising out of a breach of this contract can be discharged in whole or in pan by a %%amen or renunciation of the claim or light unless the waiver or renunciation is supported b% consideration and is in writing signed by the aggrieved parr 19 INTERPRETATION -PAROLE EVIDENCE This writing. plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents pro%ided by Sella aspan of his bid, is intended by the parties as a final expression of thew agreement and intended aho as a complete and exclusive statement of the terms of thew agreement. W'hene%er a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code rs to control 20 APPLICABLE LAW This agreement shall be governed by the Uniform Commercial Code Merm%cr the term "Uniform Commercial Code" is used. it shall be ccnstmed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement I RIGHT TO .ASSURANCE W'hene%er one pan) to this contract in good faith has reason to question the other pany's intent to perform he ma% demand that the other party gi%e written assurance of his intent to perform In the e%eni that a demand is made and no assurance is given within five (5) days, the demanding patty may treat this failure as an anticipation repudiation of the contract. _2 INDEMNIFICATION Seller shall indemnify, keep and save harmless the Buyer. its agents. officials and employees, against all injuries deaths loss. damages, claims, patent claims, suits, liabilities, judgments. costs and expenses, which may in anywuse accrue against the Buyer inconsequence of the granting of this Contract or which may amv%nse result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employ em. or of the subSeller or assignee or its employees, if any. and the Seller shall, at his ow%n expense. appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and, If am judgment shall be rendered against the Buyer in any such action, the Sella shall. at its own expenses. satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided b% Sellershall in no way limn the responsibility to indemnify keep and save harmless and defend the Buyer as herein provided 23 TIME It is hereby expressly agreed and undastood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement %%ill cause Seller to be in default of this agreement. 24 NIBE The City of Lubbock hereby notifies all bidders that in regard to an, contract entered Into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this imitation and will not be discriminated against on the grounds of race, color. sex or natural origin in consideration for an award. 25 NON -ARBITRATION The City reserves the right to exercise any right or mmcdy to it by law contract equity or otherwise including ww shout limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not he subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy The remedies set forth herein ue cumulative and not exclusi%e and rtuy be exercised concurrently To the extent of any conflict between this provision and another pm%ision in or related to, this document this pro%ision shall control. 26 RIGHT TO AUDIT At any time during the term of the contract, or thereafter. the Cny. or a duly authorized audit representative of the Cny or the State of Texas. at its expense and at reasonable times resenes the right to audit Contractor's records and books relevant to all services provided to the City under this Contract In the event such an audit by the City reveals any enors or overpayments by the City Contractor shall refund the Cny the full amount of such overpayments within thin, (30) days of such audit findings. or the Cin at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor 27 HOUSE BILL 2015 House Bill 2011, signed by the Governor on June la, 2013 and effecme on lanuan 1 2061 authorizes a penalty to be imposed on a person who contracts for certain services with a got emmenal enttn and who fads to properly classify their %corkers. This applies to subcontractors as well. Contractors and subcontractors who fad to pmpah classify indi%iduals performing work under a governmental contract well be penalized S200 for each indn idual that hasbeen misclassified. (Texas Government Code Section'_ 155 001) 28 ASSIGNING OR SUBLETTING THE CONTRACT. The Contractor shall not assign or sublet the contract or any portion of the contract. without written consent from the Director of Purchasing and Contract Management Should consent begi%en the Contractor shall insure the Subcontractor or shall pro%ide proof on insurance from the Subcontractor that complies with all contract Insurance requirements 29 HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295, adopted b, the Sglh Legislature, created S2252 908. Texas Go%emment Code. Section 2252.908 requires a business ent % entering into certain contracts with a go%emmental entity or state agent, to file with the governmental emit or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency Instructions for completing Form 1295 are available at him /wwxv ci lubbock tx us departmental-websites denartmentsiourchasine vendor -information 30 CONTRACTOR ACKNOWLEDGES. by supplying am Goods or Services that the Contractor has read. fully understands. and will be in full compliance with all terms and conditions and the descriptive material contained herein and an% additional associated documents and Amendments The City disclaims am terns and conditions provided by the Contractor unless agreed upon in writing by the parties In the event of conflict between these terms and conditions and an, terms and conditions provided by the Contractor, the terns and conditions pro%ided herein shall pre%ail The terns and conditions provided herein tie the final terms aaced upon by the parties. and any prior conflicting terns shall be of no force or effect. 31 House Bill 89, effecti%c September 1, 2017. amended the Texas Government Code to add Chapter'_'_70. Prohibition on Contracts with Companies Boycotting Israel Effecti%e September I, 2017, a stale agency and a political suhilnismn (which include a cin) inn not civel a contract with a ennipm for goods or sal ices unless the contract contains a writicn %enficat-1 II -ail the compare% IIIat (i) it does not Hn%eolt Isiacl and (u) will not Boycott Israel cluing the t tin of the conlmct By accepting this purchase order, the Vendor (Professional or other applicable term defining the contracting party) vmfies that it does not Boycott Israel. and agrees that during the term of this Agreement (Contract as applicable) will not Boycott Israel as that term is defined in Texas Government Code Section 808 001. as amended Rey 9'_017 JOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 Prepared For: City Of Lubbock - Parks TX N HURS ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Hurst Farm Supply, Inc. 4801 Highway 84 Lubbock, TX 79416 806-762-0638 Quote Summary Delivering Dealer: Hurst Farm Supply, Inc. William Murphy 4801 Highway 84 Lubbock, TX 79416 Phone: 806-762-0638 kris@hurstfs.com BUYBOARD PRICING WAS USED Quote ID: 16132162 Created On: 27 September 2017 TO OBTAIN MAXMIUM Last Modified On: 27 September 2017 DISCOUNTS.. Expiration Date: 31 October 2017 Equipment Summary Suggested List Selling Price Qty Extended JOHN DEERE 5085E Utility Tractor $ 61,606.00 $ 51,132.98 X 1 - $ 51,132.98 Contract: TX BuyBoard Grounds Mtnc Equipment, Irrigation Parts, Supplies & Installation 529-17 (PG 67) Price Effective Date: September 27, 2017 Equipment Total $ 51,132.98 Includes Fees and Non -contract items Quote Summary Equipment Total $ 51,132.98 Trade In SubTotal $ 51,132.98 Est. Service $ 0.00 Agreement Tax Total $ 51.132.98 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 51,132.98 Salesperson : X Accepted By: X Confidential JOHN DEERE Selling Equipment Quote Id: 16132162 Customer Name: ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Hurst Farm Supply, Inc. 4801 Highway 84 Lubbock, TX 79416 806-762-0638 JOHN DEERE 5085E Utility Tractor Contract: TX BuyBoard Grounds Mtnc Equipment, Irrigation Suggested List * Parts, Supplies & Installation 529-17 (PG 67) $ 61,606.00 Price Effective Date: September 27, 2017 Selling Price * $ 51,132.98 * Price per item - includes Fees and Non -contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 696BLV 5085E Utility Tractor 1 $ 48,559.00 17.00 $ 8,255.03 $ 40,303.97 $ 40.303.97 Standard Options - Per Unit 0409 English Operators Manual 1 $ 0.00 17.00 $ 0.00 $ 0.00 $ 0.00 and Decal Kit 1383 24F/12R PowrReverser 1 $ 1,475.00 17.00 $ 250.75 $ 1,224.25 $ 1,224.25 Transmission - 540/540E 2050 Standard Cab 1 $ 9,117.00 17.00 $ 1,549.89 $ 7,567.11 $ 7,567,11 2120 Air Suspension Seat 1 $ 710.00 17.00 $ 120.70 $ 589.30 $ 589,30 3025 Deluxe Cornerpost Exhaust 1 $ 503.00 17.00 $ 85.51 $ 417.49 $ 417.49 3320 Dual Stackable Rear SCV's 1 $ 0.00 17.00 $ 0.00 $ 0.00 $ 0.00 with Lever Control 3420 Dual Stackable Mid Valves 1 $ 1,242.00 17.00 $ 211.14 $ 1,030.86 $ 1,030.86 with Joystick Control 5911 18.4 - 30 In. 8PR R1 Bias 1 $ 0.00 17.00 $ 0.00 $ 0.00 $ 0.00 6040 MFWD (4 Wheel Drive) 1 $ 0.00 17.00 $ 0.00 $ 0.00 $ 0.00 6701 12.4 - 24 In, 8PR R1 Bias 1 $ 0.00 17.00 $ 0.00 $ 0.00 $ 0.00 Standard Options Total $ 13,047.00 $ 2,217.99 $ 10,829.01 $10,829.01 Value Added Services $ 0.00 $ 0.00 $ 0.00 Total Suggested Price $ 51,132.98 Confidential CERTIFICATE OF INTERESTED PARTIES FORM 3.295 lofl Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-273348 Date Filed: 10/17/2017 Date Acknowledged: 10/17/2017 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. HURST FARM SUPPLY LUBBOCK, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 31035748 JOHN DEERE EQUIPMENT 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary HURST FARM SUPPLY LUBBOCK, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1.4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2017-273348 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. HURST FARM SUPPLY LUBBOCK, TX United States Date Filed: 10/17/2017 2 Name of governmental entityor state agency that is a party tot the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the Identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 31035748 JOHN DEERE EQUIPMENT 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary HURST FARM SUPPLY LUBBOCK, TX United States X 5 Check only if there is NO Interested Parry. ❑ 6 AFFIDAVIT I swear, or affi under pe It. of perjury, hat the above disclosure is true and correct. SONYA MURPHY Nobly Public, State of Too E My Cmniisft Ezpiree 02.19.201 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 1 this the -th_ day of oc-6bee 200 to certify which, witness my hand and seal of office. rA Uf I ( ' Sig;kUfi of officer d i t ring oatV Printed boe of office i stering ath Title of offi r administering oath 0111w WOVIucu uy i caas cuuus Cummission www.etnics.state.tx.us Version V1.0.3337