HomeMy WebLinkAboutResolution - 2019-R0182 - West Gaines Seed - 05_28_2019Resolution No. 2019-RO 182
Item No. 6.8
May 28, 2019
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, Service Contract No. 14631 for Wheat Harvesting
Services, by and between the City of Lubbock and West Gaines Seed, of Lubbock, Texas,
and related documents. Said Contract 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 May 28, 2019
DANIEL M. POPE, MAYOR
ATTEST:
�Qdlt� - - .
Reb cc, Garza, City Secret y
APPROVED AS TO -CONTENT:
City Manager
APPROVED AS TO FO
Amy Ws, Deputy City Attorney
ccdocs/RES.Contract 14631 — Wheat Harvesting Services
May 9, 2019
Resolution No. 2019-RO182
City of Lubbock, TX
Wheat Seed Harvest
SERVICE AGREEMENT
Contract No. 14631
This Service Agreement (this "Agreement") is entered into as of the 28th day of May 2019,
("Effective Date") by and between West Gaines Seed (the Contractor), and the City of Lubbock (the "City").
RECITALS
WHEREAS, the proposal submitted by the Contractor has been selected which best meets the needs of the
City for this service; and
WHEREAS, Contractor desires to perform as an independent contractor to provide for Harvesting Services
upon terms and conditions maintained in this Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and
Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits, which are attached hereto
and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory
provisions:
1. This Agreement
2. Exhibit A — Wheat Grower 2019
3. Exhibit B — Insurance Requirements
Scope of Work
Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the
applicable requirements set forth in Exhibit B attached hereto.
Article I Terms
1.1 The contract shall be for 120 days.
1.2 Contractor shall use its commercially reasonable efforts to render Services under this Agreement in
a professional and business -like manner and in accordance with the standards and practices
recognized in the industry.
1.3 This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2)
performance of services ordered, or (3) termination of by either party with a 30 day written notice.
1.4 The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in
the Agreement, whatsoever, without prior consent of the City.
1.5 All funds for payment by the City under this Agreement are subject to the availability of an annual
appropriation for this purpose by the City. In the event of non -appropriation of funds by the City
Council of the City of Lubbock for the goods or services provided under the Agreement, the City will
terminate the Agreement, 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 services
covered by this Agreement is spent, whichever event occurs first. If at any time funds are not
appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor
on 30 days prior written notice, but failure to give such notice shall be of no effect and the City shall
not be obligated under this Agreement beyond the date of termination.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance
with the laws of said State, without reference to choice of law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and
Contractor and supersedes any and all previous agreements, written or oral, between the parties
relating to the subject matter hereof. No amendment or modification of the terms of this
Agreement shall be binding upon the parties unless reduced to writing and signed by both
parties. 4
2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of
this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of
any parties otherwise to insist upon strict performance of any provision hereof shall not constitute
a waiver of any subsequent breach or of any subsequent failure to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs,
representatives and successors and may be assigned by Contractor or the City to any successor only
on the written approval of the other party.
2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this
Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for
resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in
question within thirty (30) days of written notification from the aggrieved Party to the other Party,
the aggrieved Party shall be free to pursue all remedies available at law or in equity.
2.9 At any time during the term of the contract, or thereafter, the City, 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 services provided to the City under this
Contract. In the event such an audit by the City reveals any errors or overpayments by the City,
Contractor shall refund the City the full amount of such overpayments within thirty (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.
2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise,
including without limitation, the right to seek any and all forms of relief in a court of competent
jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its
unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not
exclusive, and may be exercised concurrently. To the extent of any conflict between tills provision
and another provision in, or related to, this document, this provision shall control.
2.11 The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the
Texas Government Code by verifying that:
(1) The Contractor does not boycott Israel; and
(2) The Contractor will not boycott Israel during the term of the Agreement.
2.12 SB 252 prohibits the City from entering into a contract with a vendor that is identified by The
Comptroller as a company known to have contracts with or provide supplies or service with Iran,
Sudan or a foreign terrorist organization.
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
CITY OF LUB CIS CONTRACTOR
4--�
Daniel M. Pope, Mayor West Gaines Seed, Inc.
ATTEST:
rQ 'e J/
Rebe ca Garza, City Secreta
APP VED AS TO C NTENT:
Aubrey Spea , .E. Director of Water Utilities
Address: J 37y W tjw/
5emendIt- 7y3rrb0
EI11a11:���ranG���� TyC��/�CSS�. GdM
Exhibit A
WESTItGAINES
SEED Customer No.
Wheat Grower Contract 2019
This Contract is an agreement for the sale of wheat of the Grower to WEST GAINES SEED, INC., a Texas corporation, re-
ferred to as "WGS." Grower and WGS collectively are referred to as the "parties.'
Contract #: 181lIfTFQOTA Date:
Owner%:
Grower:
Landlords:
Other Comments:
Field Location:
Variety:
Freight Paid By:
#5
WEATHERMASTER
Farm #
Address: T
Phone Number:
Acres: 1 40
Minimum Germination: 551/0 Price, $1.501BUSHEL UNDER JULY
2019 KCST PRICE ON DAY OF
L DELIVERY
Cleanout Price: Recommended Seed Rate l
Per Acre: '
Moisture: 12.5% OR LESS Seed Stock Price:
Other Agreements: WGS WILL PAY FOR Grower's Crop Insurance r
HERBICIDE APPLICATION Carrier (if any):
(1-0 WGS wru. Phy roa. Atf6vsTAPAJOr#Ia0-
This Contract is governed by and subject to the Terms & Conditions on the reverse.
Accepted b
GROWER WEST GAINES SEED, INC.
2019 TX- Wheat
TERMS AND CONDITIONS
1.
Grower Representations. Grower represents the following: (a) Grower's
(a) Grower must shred around circle prior to harvest.
information provided is true and correct; (b) Grower is the owner or lessee
(b) All contracted seed blocks must be taken to harvest.
of the listed acres that shall be used for the sowing, growing, and harvest-
(c) At the appropriate time for harvest, WGS shall inspect each of Grower's
ing of wheat crop specified in this Contract; (c) Grower will grow wheat on
fields to make a preliminary de -termination whether crop will meet WGS
the premises in accordance with the stated terms and conditions of this
quality standards. For each field which passes WGS' initial inspection,
Contract; (d) the wheat (sometimes referred to herein as the "seed") shall
WGS shall commence harvest of the seed, at WGS' cost, and deliver
be of the quality and variety and sold at the prices specified herein; (e)
same to WGS's processing plant located in Seminole, Texas.
Grower possesses the legal capacity to enter into this Contract and has not
(d) The first load of seed from each field must go to WGS as a clean out
sold or contracted to sell the seed to anyone other than WGS; (f) title to the
load. The price for the cleanout load will be as set forth herein.
seed conveyed shall be good and its transfer rightful; and (g) the seed shall
(e) All seed must meet quality standards set forth on the attached Adden-
be delivered free from any security interest, lien or encumbrances.
dum. WGS lab will be the official test site for all inbound seed.
2.
Purchase Contract. Grower shall sell all seed produced from the field
B. Right of Rejection.
location listed; all seed is contracted seed and all contracted seed
(a) WGS has the right to reject any Grower field, prior to harvest, in WGS'
blocks must be taken to harvest. Must not be used for hay or silage.
sole discretion. If a field is rejected prior to harvest, WGS shall not be
WGS agrees to purchase all produced seed subject to its rights of rejec-
obligated to harvest the rejected field or purchase any seed produced
tion in Paragraph 8 and the attached Exhibit A.
therefrom
3:
Seed Provision. WGS shall provide Grower, at Grower's expense, the
(b) WGS has the right to reject any quantity of seed which has been har-
planiing seed for the wheat to be grown hereunder. Planting seed shall be
vested and delivered hereunder that does not meet the conditions,
invoiced to Grower upon delivery of same, and payments shall be due on
specifications, and requirements described in this Contract, the terms or
or before December 31, 2018.
conditions, or as set forth on the attached Exhibit A.
4.
Price and Payment. Within 30 days of delivery of the seed to be grown
(c) On rejection, WGS shall return the rejected seed to Grower or Grower's
hereunder, WGS shall pay Grower the total amount owing for the seed
designated elevator and any costs, freight charges, and expenses paid
based on the price specified in the Contract, subject to the dockage table
or incurred by WGS in connection with the return of the rejected seed
set forth on Exhibit A. In addition, WGS agrees to reimburse Grower for
shall be deducted from the payments due Grower under Paragraph 4.
any actual herbicide costs expended and substantiated by valid invoices
(d) The rejection of any of the delivered seed by WGS shall not relieve
for each field where the crop is harvested and provided the seed produced
Grower's duty to provide WGS with the remaining amount of seed due
therefrom is not rejected as set forth under paragraph 8. WGS may de-
hereunder.
duct any outstanding obligation of Grower due WGS from the payments
9. Passage of Title. Title to any seed crop produced hereunder now in ex -
due Grower hereunder. Grower authorizes WGS to deduct from any mon-
istence passes to WGS on execution of this Contract, and title to any crop
ey due Grower hereunder and pay on Grower's behalf any and all fees or
not now in existence passes to WGS as soon as that crop comes into ex -
charges payable on account of the seed by Grower under any agricultural
istence. All risk of loss, depreciation, and damage shall remain with Grow -
lien, governmental order, regulation, or license. In addition, WGS may de-
er until actual delivery of the crop to WGS. If Grower declares a crop loss
duct any outstanding obligation of Grower due WGS from the seed pay-
that is covered by Grower's insurance carrier designated in this Contract,
ment due Grower hereunder.
Grower agrees to provide any loss reports to WGS and/or authorize WGS
5.
Preparation and Cultivation of Crops.
to access such reports with Grower's insurance carrier.
(a) Grower, at Grower's cost, shall prepare and cultivate the premises, and
10. Fair Labor Standards Act Grower warrants and represents that seed
sow and maintain the crops, including irrigation, fertilizing, and control of
delivered pursuant to this Contract have been or will be produced in com-
weeds and insect infestations, in accordance with principles of good
pliance with all applicable provisions of the Fair Labor Standards Ad.
husbandry and the best practices of the farming community in which the
11. Miscellaneous.
premises are situated.
(a) Grower is, for purposes of this Contract, an independent contractor and
(b) Seed wheat fields must be planted on clean rotated ground and abso-
nothing contained in this Contract shall make Grower an employee or
lutely none planted behind rye, oats or any unlike variety.
agent of WGS or authorize him/her to act on behalf of WGS. Grower
(c) All planting equipment must be inspected by WGS prior to planting.
shall indemnify and hold WGS harmless from all claims in any way con-
(d) Water requirements must meet 400 gallons per minute on production
nected directly or indirectly with Grower's operations pursuant to this
fields. If grazing cattle on seed fields, cattle must be removed by March
Contract.
1 st for production purposes.
(b) Grower shall not assign or transfer this Contract or any duty or obliga-
6.
Pesticide and Chemicals
tion hereunder.
(a) Grower agrees not to apply to the wheat crop any pesticide chemical or
(c) This Contract may be modified only by a writing signed by both parties.
treat the soil on which they are grown with any pesticide chemical, as
(d) This Contract shall be governed by and construed in accordance with
defined in 21 U.S.C. § 321(q), except as may be permitted under the
the laws of Texas and is performable in Gaines County, Texas.
regulations specifying tolerance levels for application of pesticide chem-
(e) The terms and conditions specified in this instrument and incorporated
icals promulgated by the Environmental Protection Agency. Grower
Exhibit constitutes the sole agreement between the parties concerning
shall not adulterate or misbrand the seed, as defined by 21 U.S.C. §§
the seed that constitutes its subject matter. Any prior agreements, prom-
342 and 343
ises, negotiations, or representations not expressly set forth in this Con-
(b) Grower agrees not to apply to the seed or treat the seed with any pesti-
tract are of no force and effect.
cide dremical, as defined by Tex. Agrk. Code § 76.001(18) that has
(f) If any term or provision of this Contract or any application of this Con -
been prohibited by a Texas regulatrny agency under Tex. Agrk. Code
tract is held invalid or unenforceable, the remainder of this Contract and
§§ 76.003 and 76104(b).
any application of its terms and provisions shall not be affected but shall
(c) LV6 at 1.25 pints or Affinity at 8/10 dry ounce per acre must be applied
be valid and enforceable.
and spray date must be communicated to WGS production personnel.
(g) The failure of either party to this Contract to demand full performance of
Failure of Grower to provide notice of any pesticide application is a
any of its provisions by the other party shall not constitute a waiver of
breach of this Contract, giving WGS the option to refuse delivery of the
performance unless the party failing to demand performance states in a
seed.
signed writing that the party is waiving that performance. The waiver of
(d) Grower guarantees that any permitted pesticide chemical was or will be
any breach of any of the provisions of this Contract by the parties shall
used only in accordance with the applicable use data provided by gov-
not constitute a continuing waiver or a waiver of any subsequent breach
emment regulations applicable to the pesticide.
by either party of the same or any other provision of this Contract.
7
Harvest and Delivery of Seed.
2019 TX- Wheat pg. 2
Grower Initials 2 -
WESTGAINES
SEEDCustomer No.
Wheat Grower Contract 2019
This Contract is an agreement for the sale of wheat of the Grower to WEST GAINES SEED, INC., a Texas corporation, re-
ferred to as "WGS." Grower and WGS collectively are referred to as the "parties."
Contract #: 19WTF007B
Owner%;
Grower:
L
Landlords:
Other Comments:
Date:
Farm #
Address: (~—
Phone Number:
-7
Field Location:
! 034 A
f
I
Variety:
WEATMERMASTER
Acres:
41
Freight Paid By:
WEST GAMES SEED
Minimum Germination:
95%
Price:
$1.501BUSHEL UNDER JULY
2019 KCST PRICE ON DAY OF
I
DELIVERY
Cleanout Price:
Recommended Seed Rate
Per Acre:
—
Moisture:
12.596 OR LF,SS
Seed Stock Price:
_
Other Agreements: WGS WILL PAY FOR Grower's Crop Insurance
APPLICATION Carrier (If any):
W&5 w� I DRY FOR. Ilw•wrlP►'Ite�.i���"'6 F-
HERBICIDE —
This Contract is governed by and subject to the Terms & Conditions on the reverse.
Accepted by
� , J/1
GROWER
2019 TX Wheat
By, 4J-
WEST GAINES SEED, INC,
WESTGAINES
SEEDCustomer No.
Wheat Grower Contract 2019
This Contract is an agreement for the sale of wheat of the Grower to WEST GAINES SEED, INC., a Texas corporation, re-
ferred to as "WGS." Grower and WGS collectively are referred to as the "parties.'
Contract #:
11SWTF007C
Date:
Owner%:
I
L
Farm #
Grower:
Address:
Phone Number:
—
Landlords:
Other Comments:
Field Location:
S34 B
_J
Variety:
WEATHEIRMASTER
Acres:
Freight Paid By:
WEST NES REED
Minimum Germination:
85%
Price:
$1.501BUSHEL UNDER JULY '
2019 KCBT PRICE
LELIVERY
ON DAY OF
Cleanout Price:
Recommended Seed Rate
Per Acre:
Moisture:
12.5% OR LESS
Seed Stock Price:
Other Agreements:
WGS WILL PAY FOR
Grower's Crop Insurance
(`—
HERBICIDE APPLICATION
Carrier (if any):
!
106�4 *4) AY
This Contract Is governed by and subject to the Terms & Conditions on the reverse.
Accepted by:
i,41�2�
GROWER 41,
By: 4j_�—
WEST GAINES SEED, INC.
2019 TX- Wheat
WESTYGAINES
SEEDCustomer No.
Wheat Grower Contract 2019
This Contract is an agreement for the sale of wheat of the Grower to WEST GAINES SEED, INC., a Texas corporation, re-
ferred to as "WGS." Grower and WGS collectively are referred to as the "parties'
Contract #: 19WTFOOM Date: �^
Owner°k:
Grower:
Landlords:
Other Comments:
Field Location
1MS
Farm #
Address:
Phone Number:
Variety: I WEATHERMASTER i Acres: FIR
Freight Paid By: WEST "DES SEED
Minimum Germination: 85% Price: $1.501BUSHEL UNDER JULY
J2019 KST PRICE ON DAY OF DELIVERY
Cleanout Price: •O•°A Recommended Seed Rate
Per Acre: I
Moisture: 12.5% OR LESS Seed Stock Price: '
Other Agreements: WGS WILL PAY FOR Grower's Crop Insurance I l
HERBICIDE APPLICATION Carrier (if any):
jvt 6 w,il PAY FOa
This Contract is governed by and subject to the Terms & Conditions on the reverse.
Accepted by;
--4
GROWER WEST GAINES SEED, INC,
2019 TX Wheat
.GAINES
Customer No.
Wheat Grower Contract 2019
This Contract is an agreement for the sale of wheat of the Grower to WEST GAINES SEED, INC., a Texas corporation, re-
ferred to as "WGS." Grower and WGS collectively are referred to as the "parties!
Contract #:
Owner%:
Grower:
Landlords:
Other Comments:
Field Location:
Variety:
Freight Paid By:
Minimum Germination:
Cleanout Price:
Moisture:
191WrF007E
F
WEATHERMASTER
Date:
Farm #
Address:
Phone Number:
Acres: 107
Price: $1.50BUSHEL UNDER JULY
.� 2019 KCBT PRICE ON DAY OF
DELIVERY
4% Recommended Seed Rate
Per Acre:
12.5% OR LESS Seed Stock Price:
Other Agreements: WGS WILL PAY FOR Grower's Crop Insurance
HERBICIDE APPLICATION Carrier Of any):
W6s Ivin P*Y 0P. ►hvi;csf/&vi &1iv,�c•
This Contract is governed by and subject to the Terms & Conditions on the reverse.
Accepted by:
GROWER
2019 TX Wheat
By: 0-,, q
WEST GAINES SEED, INC.
WESTItGA_1NES
SEEDCustomer No.
Wheat Grower Contract 2019
This Contract is an agreement for the sale of wheat of the Grower to WEST GAINES SEED, INC., a Texas corporation, re-
ferred to as 'WGS." Grower and WGS collectively are referred to as the "parties."
Contract #: 1tiW'rF007F Date:
Owner°:
� �
Farm #
Grower
-
�—
Address:
Phone Number,
Landlords:
Other Comments:
Field Location:
#K#$
i
Variety:
WEATHERMASTER
Acres:
4
Freight Paid By:
[—WEST GAINES SEED
i
Minimum Germination:
85°/a
Price:
$1.501BUSHEL UNDER
JULY
2019 KCBT PRICE ON DAY OF
rDELIVERY
Cleanout Price:
4%
Recommended Seed Rate
Per Acre:
Moisture:
115% OR LESS
Seed Stock Price,
i
Other Agreements:
WGS WILL PAY FOR
Grower's Crop Insurance
��
HERBICIDE APPLICATION
Carrier (if any):
I
V6s w,y v yam, r • ���0�8,����
This Contract is governed by and subject to the Terms & Conditions on the reverse.
Accepted by:
1-e"L' By:. -
GROWER WEST GAINES SEED, INC.
2019 TX- Wheat
1 WEST"'GAINES
Customer No.
Wheat Grower Contract 2019
This Contract is an agreement for the sale of wheat of the Grower to WEST GAINES SEED, INC., a Texas corporation, re-
ferred to as "WGS." Grower and WGS collectively are referred to as the "parties."
Contract #: 19WTF007G Date: (�
Owner%:
Grower:
Landlords:
Other Comments:
Field Location:
Variety:
Freight Paid By:
Minimum Germination:
Cleanout Price -
#18
WEATHERMASTER
WEST GAINES SEED
Farm #
Address:
Phone Number: �J
Acres: ( 80 1
85°/, Price: $1.5OfBUSHEL UNDER JULY
2019 KCST PRICE ON DAY OF
DELIVERY
-0% Recommended Seed Rate
Per Acre: 7 1
Moisture: 12.5% OR LESS Seed Stock Price: I
Other Agreements: FWGS WILL PAY FOR Grower's Crop Insurance
HERBICIDE APPLICATION Carrier (if anyj:
tv;.5 I.v111 Pall Fp♦ R;trws-/Gen+Brr'"'!f
This Contract Is governed by and subject to the Terms & Conditions on the reverse.
Accepted by:
GROWER
2019 TX- Wheat
By: 4�,_ J_A_,�
WEST GAINES SEED, INC.
NEST tGAINES
=tL) Customer No.
Wheat Grower Contract 2019
This Contract is an agreement for the sale of wheat of the Grower to WEST GAINES SEED, INC., a Texas corporation, re-
ferred to as "WGS," Grower and WGS collectively are referred to as the "parties,"
Contract #: 19WTF007H Date:
Owner%:
Grower:
Landlords:
Other Comments:
Field Location:
Variety:
Freight Paid By:
Minimum Germination:
Cleanout Price:
Moisture:
Other Agreements:
WEATHERMASTER
WEST GAINES SEED
Farm #
Address:
Phone Number:
Acres: 1 171
85% Price: $1.501BUSHEL UNDER JULY
2019 KCBT PRICE ON DAY OF
DELIVERY
Recommended Seed Rate
Per Acre:
12.5% OR LESS Seed Stock Price: F
WGS WILL PAY FOR Grower's Crop Insurance
HERBICIDE APPLICATION Carrier (if any):
106-5 L fit PAY �'✓ rvCsT�l��Rrrvrrb
This Contract Is
Accepted by,
GROWER
2019 TX- Wheat
by and subject to the Terms & Conditions on the reverse.
By:�
4,t-
WEST GAINES SEED, INC.
6GAINES
Customer No.
Wheat Grower Contract 2019
This Contract is an agreement for the sale of wheat of the Grower to WEST GAINES SEED, INC., a Texas corporation, re-
ferred to as "WGS." Grower and WGS collectively are referred to as the 'parties."
Contract #: 1 NTF00T1 Date:
Owner%, � � Farm #
Grower: f -, Address:
Phone Number:
Landlords:
Other Comments:
Field Location: �Ij2Z
Variety: WEATNERINASiER Acres: 188
Freight Paid By: WEST GAINES SEED f
Minimum Germination: 854/0 �� Price: $1.501BUSHEL UNDER JULY
2019 KCBT PRICE ON DAY OF
J DELIVERY
Cleanout Price: Recommended Seed Rate
Per Acre:
Moisture: 12.556 OR LESS Seed Stock Price: r
Other Agreements: WGS WILL PAY FOR Grower's Crop Insurance I w
HERBICIDE APPLICATION Carrier Of any):
W6.S ►weir pay �u� N„ryCt7���M6iq•d�
This Cora act is governed by and subject to the Terms & Conditions on the reverse.
Accept d by.
J"'t�
GROWER WEST GAINES SEED, INC.
2019 TX- Wheat
WGS will have the following dockage table on all wheat that is contracted for the 2019 growing season.
These inspections will be made on the inbound check -in at WGS Quality Assurance Lab whose test results
shall be controlling for purposes of this Contract. The table is as follows:
TEST WEIGHT
57.9-57.0 lbs.
56.9-56.0 lbs.
55.9 Ibs. and Under
MOISTURE
12.6-13.0%
13.1 & Over
FOREIGN MATTER & CRACKS
0-1.5%
1.6-3.0%
3.14.0%
4.1-5.0%
5.1 & UP
3 c/bu
5 c/bu
Subject to Rejection. if purchased by WGS, dockage will be 10 c/bu
for each pound under 56.0 lbs. (55.9.55.0, etc.)
Subject to Rejection. If purchased by WGS, dockage will be 10 c/bu
Subject to Rejection. If purchased by WGS, dockage will be 20 c/bu
for each .1 percentage point over 13.0.
-0- c/bu
03 c/bu
05 c/bu
10 c/bu
Subject to Rejection. If purchased by WGS, dockage will be 15 c/bu
for each percentage point over 5.0 (5.1.6.0, 6.1.7.0, etc.)
OTHER CROP: ANY LOADS HIGHER THAN 0.5% WILL BE REJECTED, If purchased, price will be
agreed upon in writing between WGS and Grower
NOXIOUS WEEDS, ALL LOADS CONTAINING NOXIOUS WEEDS WILL BE REJECTED. ANY LOADS
CONTAINING WEEDS THAT WGS AGREES TO PURCHASE WILL BE AT THE DISCOUNT OF $11BU.
DELAYED HARVEST AND/OR DELIVERY OF SEED. Loads delivered to WGS after August 1SA are sub-
ject to rejection.
Accepted by:
GROWER
Date:
Y
WEST GAINES SEED, INC.
2019 TX- Wheat
Exhibit B
Cit}, of Lubbock, TX
Insurance Requirements
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to
the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and
termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated
thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH
CERTIFICATE SHALL IIAVE BEEN DELIVERED TO THE CITY.
INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of
this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when
deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the
industry as well as the Contractor.
SECTION C. The Contractor shall obtain and maintain in frill force and effect for the duration of this contract, and any extension
hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to
the City, in the following type(s) and amount(s): y
INSURANCE (Copies of Endorsements will be Required)
TYPE OF INSURANCE
GENERAL LIABILITY
❑ Commercial General Liability ❑ Other
❑ Claims Made ❑ Occurrence
❑ W(Heavy Equipment ❑ XCU
❑ To Include Products of Complete Operation Endorsements
COMBINED SINGLE LIMIT
General Aggregate
Products -Comp, -'Op AGG
Personal & Adv. Injury
Contractual Liability
AUTOMOTIVE LIABILITY
❑ Any Auto per Occurrence Per Occurrence
EXCESS LIABILITY
❑ Umbrella Form Each Occurrence
Aggregate
GARAGE LIABILITY �y
❑ Any Auto Auto Only - Each Accident
❑ Each Accident A,-Ureaate _
❑ BUILDER'S RISK ❑ 100% of the Total Contract Price
❑ INSTALLATION FLOATER ❑ 100% of the Total Material Costs
❑ POLLUTION
❑ CARGO
❑ WORKERS COMPENSATION — STATUTORY AMOUNTS
OR OCCUPATIONAL h'IEDICAL AND DISABILITY
❑ EMPLOYERS' LIABILITY
OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
® City of Lubbock named as additional in.SUred on Auto.'General Liability on a primary and non-contributory basis.
❑ To include products of completed operations endorsement.
® Waiver of subrogation in favor of the City of Lubbock on all coverages. except
The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis and shall include
waivers of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurance and all applicable
endorsements are required.
ADDITIONAL POLICY ENDORSEMENTS
The City shall been, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may
make any reasonable request for deletion, revision, or modification of particular policy teens, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the
underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to
accomplish such chancres in policy coverages, and shall pay the cost thereof.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance
will contain and state, in writing, on the certificate or its attachment, the following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the
interest of each insured may appear) as to all applicable coverage;
b. Provide for 30 day notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected
representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by
the proceeds of insurance,
e. Provide that all provisions of this contract concerning liability. duty, and standard of care together with the
indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such
obligations within applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days
prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1625 13't' Street. Room 204
Lubbock. Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall
not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents.
Neither shall the bankruptcy, insolvency. or denial of liability by the insurance company exonerate the Contractor from
liability