Loading...
HomeMy WebLinkAboutResolution - 2018-R0405 - PO With Deere & Company - 11/15/2018Resolution No. 2018-RO405 Item No. 6.11 November 15, 2018 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. 31042009 for the purchase of CX20 Flex Wing Mowing Deck as per Buy Board 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 November 15, 2018 DANIEL M. POPE, MAYOR ATTEST: - pj"' ,c — Re ecca Garza, City Secr tart' APPROVED AS TO CONTENT: Snider, Assistant City Manager APPROVED AS TO FORM: a 1 1 17 lli Leisure, Assistant City Attorney ccdocs/RES.PurchaseOrd 31042009 — CX20 Flex Wing Mowing Deck November 2, 2018 0 ��' City of Lubbock TEXAS PURCHASE ORDER TO: DEERE & COMPANY 2000 JOHN DEERE RUN CARY NC 27513 Page - 1 Date - 11/2/2018 Order Number 31042009 000 OP Branch/Plant 3526 SHIP TO: CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK TX 79404 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Teo610 Flor , Assistan irecto of urc asing & Contract Management vraerea iiiii/Luia rreignt Requested 11/15/2018 Taken By J MONTES Delivery J LOERWALD REQ 52931 BUY BOARD CONTRACT # 529-17 Description/Supplier Item Ordered Unit Cost UM Extension Request Date CX20 Flex Wing Mowing Deck 1.000 27,21I.0800 EA 27,211.08 11/I5/2018 CC 4613 CX20 Flex Wing Mowing Deck 1.000 27,211.0800 EA 27,211.08 11/15/2018 CC 5815 Total Order Tenns NET 30 DAYS 54.422.16 This purchase order encumbers funds in the amount of $54,422.16 awarded to Deere & Company of Cary, NC oyovernber 15 , 2018. The following is incorporated into and made part of this purchase order by reference: Buy Board 529-17 from Deere & Company of Cary, NC. Resolution City of Lubb k ATTEST: Daniel M. Pope, Mayor Ittecca Garza, City Se et ry Seller and Buyer agree as follows: PURCHASE ORDER TERIN1S AND CONDITIONS ENIPORT ANT: READ CAREFULLY STANDARD TERINIS AND CONDITIONS CITY OF LUBBOCK. T\ 1. SELLER TO PACKAGE GOODS, Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanentlymarked as follows (a) Seller's name and address. (b) Covsignee-s name. address and purchase order or purchase release number and the supply agreement rumba ifapplicable. (Q Container number and total number of containers, e.g. box I cf 4 boxes, and (d) the number of the container bearing the packing slip. Sella shall bear cost of packaging unless otherwise provided. 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 conclusive on shipments not accompanied by packing lists. 2- SHIPNIIENT LTIDER RESERVATION PROHIBITED. Sella is not authorized to ship the goods under reservat ion and no tender of a bill o f lading will 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 Buya until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fulhv conform. this shall constitute a breach and Seller shall not have the right to substitute a conforming leader. provided. where the time for performance has not yet expired. the Sella may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not aFernard, 5. INVOICES & PAYMENTS. a. S e I I e r shall submit separate invoices. in duplicate. one each purchase order or purchase release after each delivery. 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 freiLht waybill when applicable. should be attached to the invoice. Mail To. Accounts Payable. City of Lubbock. P. O Box 2000. Lubbock. Texas ,94=' Pa;.ment shalt not be due until the above instruments are submitted after deln a-- 6. GRATUITIES. The Buya may. by written notice to the Sella, cancel this contract without liability to Suer if it is determined by Buyer that gratuities. in the form of entertailment. gifts or others isc. were offered or given by the Seller. or any agent or representative of the Seller, to any officer or employe: of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the ay, arding or amending, or the making of any determinations with respect to the performing of such a contract In the went this contract is canceled by Buyer pursuant to this provision. Buyer shall be entitled, in addition to any other rights and remedies. to recova or withhold the amount of the cost incurred by Seller in pro%idmg such gratuities 7 SPECIAL TOOLS & TEST EQUIPMENT If the price stated on the face hereof includes the cost of an,. special tooling or special tat equipment fabricated or required by Sella for the purpose of filli this order. such special tooling equipment and any process sheets related thereto shall become the property of the Buser and to the extent feasible shall be identified by the Sella as such. 9. YARRANTY-PRICE. a. The price to be paid by the Buyer shall be that contained in Sella'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 Sella breaches this warranty the prices of the items shall be reduced to the Seller's current prices on orders by other, or in the alternative. Bova may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that net person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or undastandini, for commission. percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Sella for the purpose of securing business. For breach of vitiation of this warranty the Buser shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the contract price. or otherwise recover without liability and to deduct from the contract price, or otherwise meoverthe full amount of such commission. pacertage. broker we or contingent fee. 9. WARRANTY -PRODUCT Sella shall not limit or exclude any implied warranties and an, attempt to do so shall render this contract voidable at the option of the Buyer. Sella warrants that the goods 6umrshed will conform to the specification, drawings. and descriptions listed in the bid incitation, and to the s.unrlei_s1 furnished by the Seller. if any. In the went of a conflict or between the specifications, drawings, and descriptions. the specifications shall govern. Notwithstandine any provisions contained in the contractual agreement. the Seller represents and warrants fault -Gee performance and fault -free result in the processing dare and darer related data (including, but not limited to calculating, comparing and sequencing) of all hardware soft.,arc and firmmvare products delivered and sax ices pros iced under this Contract. individually or in combination, as the case may be from the effective date of this Contract. The obligations contained herein apply to products and sec. ices provided by the Seller, its sub- Sella or any third party involved in the creation or de, &,ptrm of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein. may result in the City of Lubbock availing itself of am of its rights under the law and under this Contract including, but not limited to. its right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified m this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability' which may be specified in this Contract, its appendices, its schedules, its annexes or my document imcorporatce in this Contract by reference. 10- SAFETY WARRANTY Sella warrants that the product sold to the Buyer shall confirm to the standards promulgated by the U- S. Department of Labor under the Occupational Safety and Health Act of 1970 In the event the product does not conform to OSHA standards. Buyer may return the product for correction or replacement at the Sella's expense. In the event Seller fails to make the appropriate correction within a reasonable time. correction made by Buyer will be at the Seller's expense. 11. NO WARRANT[' BY BUYER AGAINST INFRINGEMENTS. As pan of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give 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 will not give rise to such a claim. and in no event shall Bova be liable to Sella for indemnification in the event that Seller is sued on the grounds of infringement of the Wee. If Seller is of the opinion that an infringement or the Wee will result, he will notify the Buyer to this effect in writing within two weeks after the sieving ofthis agreement. If Buyer does not receive notice and is subsequently' held liable for the infringement or the like. Seller 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 be null and void. l'_. NON .APPROPRIATION. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of monappropriatioa of funds by the CrtyCouacil of the City of Lubbock for the goods or services provided under the contract. the City 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 -curren t year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Sella on thirty (30) days prior written notice, but failure to give loch r drat' br nr r,, rfq.i., 111, , Nov 0,'! 1-, ni:1:,.,�ri �. r t•� p,is r•r -i 1, r r� , ,i If- , 13. RIGH I OF INSPEC11ON Buyer shall have the ri_at to inspect the goods at dc!ivav bcfere accepting them. 14. CANCELLATION Buyer shall have the right to cancel for default all or any part of the undelivered portion ofthis order if Seller breaches any of the terms hereof including waaanties of Sella or if the Seller hecnmes insnhenr or commits acis of hanknjnrev Such right of cancellaiino is in addition in and not in lieu of any other remedies which Buyer may have in law or equity. 15. TERMINATION. The performance ofw-ork under this order maybe laminated in whole. or in pan by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Sella of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyersa forth in Clause 14. hernia. 16. FORCE NLMEU'RE. Neither party shall be held responsible for losses. resulting if the fulfillment of any terms of provisions ofthis contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with. and which by the exercise of reasonable diligence said party is unable to prevent. lr. ASS IGN'M ENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Sella shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. IS WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in part by a w'aiva or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is ill writing signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE. This writing. plus any specifications for bids and pa:ormance provided by Buya in its advertisement for bids. and any other documents provided by Sella as par of his bid, is intended by the parties as a final expression of their aereauart and intended also as a complete and exclusive statement of the terms of their agreement wheneva a term defined by the Uniform Commercial Code is used in this agreement. the defnicon contameJ in the Code is to control. _0. APPLICABLE LAW This agreement shall be go,aned by the Uniform Commercial Code WTiereeva the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effecme and in force on the date of this agreement. I RJGITf TO ASSL-RANCE. Whenever one pain to this contract in LJJd faith has reason to quest lJ it the other par-,c's intent toperform he may demand that the other party gi•.e •aTitten assurance of his intent to perform. In the event that a demand is made and no assurance is given y ithin fi,'c 6) days. the demandir:_ pain may treat this failure as an anticipatory repudiation of the contract. " INDENLNIFICATION. Sella shall indemnify. keep and save harmless the Buycr, its agents. officials and employees. against all injuries. deaths, loss, damages. claims, patent claims. suits. liabilities. judgments, costs and expenses. which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom. whether or not it shall he alleged Jr determined that the act was caused through negligence or omission of the Seller or its employees. or of the subSeller or assignee or its employees. if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising th iefroni of incurred in connection thaey ith. and. if any judgment shall be rendered against the Buyer in any such action, the Seller shall. at its own expenses, satist, and discharge the same Sella expressly understands and agrees that any bond required by this contract. or otherwise provided by Seller, shall in no way' limit the responsibility to indemnify_ keep and s.,e harmless and defend the Buyer as herein provided. _I TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time speei flcations of this agreement will cause Sella to be in default ofthis aurrcement. 1_4. NIBE. The City of Lubbock hereby notifies all bidden that in rerard to am: contract entered rote pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race. color, sex or natural origin in consideration for an award. NON-.ARBITEIATION. The Cin reserves the right to exorcise any rich[ or rcmt b. to it it, l­. contract. equity, or otherwise, including without limitation. the right to seek any and am -ill fors of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitrarien process prior to exercising is unrestricted right to seekjudicial remedy. The remedies set Forth herein are cwnulaiive and not exclusive. and may be exercised concurrently. To the extent of any conflict between this pro, lion and another provision in. or related to. this document. this provision shall control. :6. RJGHT TO AUDIT. At any time during the term of the contract, or thereata. the Cin, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times. reserves the right to audit Contractor's records and books relevant to all s er: ices provided to the City unit" this Contract. In the event such an audit by the Cin reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of'such overpayments within thin} (30) days of such audit findings. or the City, at its option. reserves the right to deduct such amounts owing the City from any payments due Contractor. 7. HOUSE BILL '_015, House Bill 1015. signed by the Gcyattor on June 14. 201. and effectivc on January 1. '_Ole, authorizes a penalty to be imposed on a person who contracts for certain sen ices with a governmental entity and who fails to properly classify their workers. This applies to subcontractor as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized 5=00 for each individual that has been misclassified, (Texas Government Code Section _ 155.00I ) 29. 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 be given. the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements- 29. HOUSE BILL IZ95 DISCLOSURE OF INTERESTED PARTIES. House Bill 1 295, adopted by the 94th Legislature, created §2252.909, Texas Government Code. Section'_1j'_, 905 requires a business entin' entering into certain contracts with a governmental entity or state agency to file with the governmental entity 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: tt a_wxc.ci.lu ck-tx u 'de anmentaf-web�its deoanments purchasin g yen x-inf i n 30. CONTRACTOR ACKNOWLEDGES. by supplying any 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 any additional associated documents and Amendments. The City disclaims any terms 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 my terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be ofma force or effect. ,I . By accepting this purchase order, the Vendor verifies that it does not Bn,cott Israel. and agrees that dimm, 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 Fleet Services 206 Municipal Dr Lubbock, TX 79403 Business: 806-775-3000 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Hurst Farm Supply, Inc. 4801 Highway 84 Lubbock, TX 79416 806-762-0638 Lubbock@hurstfs.com Quote Summary Delivering Dealer: Hurst Farm Supply, Inc. William Murphy 4801 Highway 84 Lubbock, TX 79416 Phone: 806-762-0638 kris@hurstfs.com BUYBOARD STATE CONTRACT Quote ID: 18165739 Created On: 12 September 2018 WAS USED TO OBTAIN MAXIMUM Last Modified On: 29 October 2018 Expiration Date: 30 November 2018 DISCOUNTS. FREE DELIVERY. Equipment Summary Suggested List Selling Price Qty Extended JOHN DEERE CX20 Flex -Wing $ 34,886.00 $ 27,211.08 X 2 = $ 54,422.16 Rotary Cutter - 1000 RPM- Stump Jumpers - Single Suction Blades - 6 Foam Filled wheels Contract: TX BuyBoard Grounds Mtnc Equip, Irrigation 529-17 (PG 67 CG 70) Price Effective Date: September 12, 2018 Equipment Total $ 54,422.16 " Includes Fees and Non -contract items Quote Summary Equipment Total $ 54,422.16 Trade In SubTotal $ 54,422.16 Est. Service $ 0.00 Agreement Tax Total $ 54,422.16 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 54,422.16 Salesperson : X Accepted By : X Confidential aJOHN DEERE Selling Equipment Quote Id: 18165739 Customer Name: CITY OF LUBBOCK FLEET SERVICES 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 -FS HURST ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Hurst Farm Supply, Inc. 4801 Highway 84 Lubbock, TX 79416 806-762-0638 lubbock@hurstfs.com JOHN DEERE CX20 Flex -Wing Rotary Cutter -1000 RPM- Stump Jumpers - Contract: TX BuyBoard Grounds Mtnc Equip, Irrigation Suggested List 529-17 (PG 67 CG 70) $ 34,886.00 Price Effective Date: September 12, 2018 Selling Price * $ 27,211.08 * Price per item - includes Fees and Non -contract items Cgde Description Qty List Price Discount% Discount Contract extended Amount Price Contract Price 226AP CX20 Flex -Wing Rotary 2 $ 34,832.00 22.00 $ 7,663.04 $ 27,168.96 $ 54,337.92 Cutter - 1000 RPM- Stump Jumpers - Single Suction Blades - 6 Foam Filled wheels Standard Options - Per Unit 0202 United States 2 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 1030 Constant Velocity with Lock- 2 $ 54.00 22.00 $ 11.88 $ 42.12 $ 84.24 Slide Collar Driveline, Cat. 5, 1000 RPM, 1-3/4 In. 1600 Front Safety Shield - Chain 2 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 1700 Rear Safety Shield - Chain 2 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 Standard Options Total $ 54.00 $ 11.88 $ 42.12 $ 84.24 Suggested Price $ 54,422.16 Confidential JOHN DEERE Quote ID :18165739Customer Name : CITY OF LUBBOCK FLEET SERVICES Product features, prices and specifications are based on published information at the time of publication and are subject to change without notice. All trademarked terns. including John Deere, the leaping deer symbol and the colors green and yellow used herein are the property of Deere & Company, unless otherwise noted. Products, product features, and other content on this site may only be accurate for products marketed and sold in North America. Copyright 0 1994- 2018 Deere 8 Company. All Rights Reserved. File Created: 29-Oct-2018 2018 JOHN DEERE CX20 Flex -Wing Rotary Cutter - 1000 RPM - Stump Jumpers - Single Suction Blades - 6 Foam Filled wheels Product Specification Details Manufacturer Model Capacity Cutting width Cutting height Cutting capacity (diameter) Cutting chamber depth Tractor compatibility Tractor PTO HP range Tractor PTO Static Vert Drawbar Load Rating Hitch Type Category Hitch width Jackstand Dimensions Transport width Overall width Overall length Deck shape Deck type Deck thickness Upper Upper Lower Lower Shirt thickness Hinges Approx. weight Drivelines Size Main Connecting Protection Main Connecting Gearcases Number HP rating Transfer Transfer Center Center Outer Outer John Deere CX20 6,096 For clearance over terraces 25-406 101.6 267 55,92 1.000 1,200 Pull -Type with ball -type self -leveling hitch clevis for easy hookup (Pull -Type has standard 10,000 lb (4,536 kg) Safety Tow Chain) For tight turn capability 570 Stays vertical while raising or lowering At wing wheels 3,400 6,250 5,760 Easy clean dome -shaped top deck Double-decker for superior strength 3.5(10) .138 (10) 3.5(10) .138 (10) 6 Intermittent cast steel segments - greaseable; single 1-in. (2.5-cm) diameter full-length hinge pin 3,350 CV ASAE Category 5 splined telescoping profiles ASAE Category 5 splined telescoping profiles No -seize, slip -clutch driveline No -seize, slip -clutch driveline 186 continuous / 224 peak 250 continuous 1300 peak 112 continuous / 161 peak 150 continuous 1216 peak 112 continuous / 161 peak 150 continuous / 216 peak Confidential Quote ID :18165739Customer Name: CITY OF LUBBOCK FLEET SERVICES Thickness 13 Width 102 Type Suction or dual Overlap 152 Blade rotation CW, CCW, CCW Blade tip speed — 540 RPM — 1000 RPM Wing 4,988 (299 km/h) 1000 RPM 16,364 (186 mph) 1000 RPM Center 4,974 (298 km/h) 1000 RPM 16,319 (185 mph) Material flow system Smooth, obstruction free Max Flow cutting chamber for a clean cut and no windrows Blade holder — Diameter — Type Bar or stump jumper with standard deck rings Hydraulics Wing lift Standard, includes spring assist unfolding Wing flex 90 up. 22 down Wheels Type Option 1 Option 2 5-bolt 26x9x14.5 'Fat Boy' Severe -Duty Ag Tires Suspension Air cushion with shock absorbers on all 4 wheels standard Row width adjustment Yes Wing -leveling adjustment Easy adjust turnbuckle with bearing Shielding Front Chain Rear Chain Warranty Gearboxes 5 years Additional information Date collected --- Confidential Privacy and Data Policy Overview HURST FARM SUPPLY, INC. Effective Date: September 29, 2014 This is only a summary of our Privacy and Data Policy. For more information you can review a complete version of our Privacy and Data Policy located on our website at www.hurstfs.com or by requesting a copy atprivacy@hzirstfs.com. This Privacy and Data Policy Overview provides a description of the privacy and data use practices of Hurst Farm Supply, Inc. ("us", "we" or "our") in connection with our receipt, collection and use of data and information from you as our customer, visitor, or user, as applicable. The policy may be changed or updated from time to time. If there is any conflict between this Overview and our full Privacy and Data Policy, the terms of our full Privacy and Data Policy will control. Collection of Data: The types of information we collect and share depend on the products or services you purchase, license or access from us or third parties through which you have authorized us to receive information (such as through John Deere's JD Link7" Telematics system). We generally receive, collect, use and share both Customer Data (including social security numbers, names, addresses, phone numbers, and other personal information) and Machine Data (information related to the performance, use, and location of equipment or computers with various information collection devices) as described in t�is Policy (collectively "Data"). You agree to notify all personnel that use any tracked equipment that their use and location is remotely monitored. If you need to update or change any information which you previously provided to us then you may contact us at privacy@hurstfs.com or (800) 477-5617. Protection of Data: We strive to protect your Data using commercially reasonable standards. We use a variety of commercially reasonable security technologies to help protect your Data from unauthorized access, use, or disclosure. However, the use of such standards and security technologies is not, and should not be considered to be, any type of guarantee or warranty by us that your Data will not be accessed by third parties. Sharing and Use of Data: We use your Data to provide products, services and information to you. Some of the services are designed to allow faster communications and responsiveness between you and us to ensure that we provide services to you as efficiently as possible. We may also review equipment diagnostic information remotely to diagnose and recommend equipment maintenance and repairs. We may share your information with certain third parties in order to better serve you upon your request or approval. These third parties may include equipment suppliers, financing institutions or other third party service providers who assist us in providing the products and services you request or their respective subsidiaries or affiliates. We may also share your information with our marketing, technical, accounting, legal or other professionals to assist us in our business operations. If you purchase products for personal, family, or household use through financing that is provided by us or facilitated by us, you may request that we not share your personal information derived from that transaction with unaffiliated third parties by submitting the opt -out form at the bottom of our full Privacy and Data Use Policy located on our website. If you have any additional questions, please contact us at privacy@hurstfs.com. Signature Date CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 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: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-424711 HURST FARM SUPPLY LUBBOCK, TX United States Date Filed: 11/12/2018 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 Date Acknowledged: 11/12/2018 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. Purchase Order31042009 JOHN DEERE 4 Name of Interested Pa Party City, State, Count lace of business y, Country (p ) Nature of interest (check applicable) Controlling Intermediary HURST FARM SUPPLY LUBBOCK, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of 1 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: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-424711 HURST FARM SUPPLY LUBBOCK, TX United States Date Filed: 11/12/2018 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 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. Purchase Order 31042009 JOHN DEERE 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 UNSWORN DECLARATION My name is `� `t�t� { J `/ and my date of birth is� My address is LLl ��i�Gr� � /Z-1 uS�{ (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of ��?d`i on the Z day of 110— 20 1 (month) (year) Signature f authorized agent of contracting business entity (Dedarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711