HomeMy WebLinkAboutResolution - 2019-R0432 - PO With Deere & Company - 11/19/2019 Resolution No. 2019-RO432
Item No. 6.32
November-19, 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, Purchase Order No. 31048644 by and between the City of
Lubbock and Deere & Company of Cary, North Carolina for John Deere 6155M Cab Tractor per
BuyBoard 529-17, 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 Novi-mber 19 gni 9
DANIEL M. POPE, MAYOR
ATTEST:
__Q P a
Rebel— Garza, City Secret
APPROVED AS TO CONTENT:
Mark YearwoQ,Assis ant City Manager
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
ccdocs/RES.-PurchaseOrd 31048644—John Deere 6155M Cab Tractor
October 18,2019
City of Page - 1
Lubbock b
Texas PURCHASE ORDER Date - 10/17/2019
Order Number 31048644.000 OP
526
TO: SHIP TO:
DEERE& COMPANY CITY OF LUBBOCK
2000 JOHN DEERE RUN FLEET SERVICES
CARY NC 27513 206 MUNICIPAL DRIVE
LUBBOCK TX 79404
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O.BOX 2000
LUBBOCK,TX 79457 B
Marta A arcz, iroctorof Purchasing�l ConUact Management
Ordered 10/17/2019 Freight
Requested 5/26/2020 Taken By R ROCHA
Delivery B TAYLOR REQ 54727 BUYBOARD 529-17 PUR 20-15012
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
John Deere 6155M 1.000 113,675.6400 EA 113,675.64 5/26/2020
Cab Tractor
Front weights 1.000 1,300.0000 EA 1,300.00 5/26/2020
CC6347
Total Order
Terms NET 30 DAYS 114,975.64
This purchase order encumbers funds in the amount of$114,975.64 awarded to Deere and Company of Cary,NC,on
November 19 ,2019. The following is incorporated into and made part of this purchase order by reference: Quote dated
October 16,2019 from Deere and Company of Cary,NC,and BuyBoard Contract 529-17 Resolution# 2019-RO432
CITY OF LUBBOCK ATTEST:
0�1 )j4 j._ )K�
Daniel M. Pope,Mayor e'ecc Garza,City Secretary
J`
V� r.
ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT
TO(VENDOR): TO DELIVERING DEALER:
Deere &Company Hurst Farm Supply, Inc.
2000 John Deere Run 4801 Highway 84
Cary, NC 27513 Lubbock, TX 79416
FED ID: 36-2382580; DUNS#: 60-7690989 806-762-0638
lubbock@hurstfs.com
Quote Summary
Prepared For: Delivering Dealer:
City Of Lubbock Fleet Services Hurst Farm Supply, Inc.
204 Municipal Dr William Murphy
Lubbock, TX 79403 4801 Highway 84
Business: 806-300-0000 Lubbock, TX 79416
Phone: 806-762-0638
kris@hurstfs.com
BUYBOARD STATE CONTRACT Quote ID: 20638016
Created On: 16 October 2019
WAS USED TO OBTAIN MAXIMUM Last Modified On: 16 October 2019
GOVERNMENTAL DISCOUNTS. Expiration Date: 18 November 2019
Equipment Summary Suggested List Selling Price Qty Extended
JOHN DEERE 6155M Cab Tractor $ 145,738.00 $ 113,675.64 X 1 = $ 113,675.64
Contract: TX BuyBoard Grounds Mtnc Equip, Irrigation 529-17 (PG 67 CG 70)
Price Effective Date: October 16, 2019
NON CONTRACT ITEM 8 FRONT $ 1,300.00 $ 1,300.00 X 1 = $ 1,300.00
WEIGHTS
Contract:
Price Effective Date:
Equipment Total $ 114,975.64
Includes Fees and Non-contract items Quote Summary
Equipment Total $ 114,975.64
Trade In
SubTotal $ 114,975.64
Est. Service $ 0.00
Agreement Tax
Total $ 114,975.64
Down Payment (0.00)
Rental Applied (0.00)
Balance Due $ 114,975.64
Salesperson :X Accepted By: X
Confidential
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT:READ CAREFULLY
STANDARD TERMS AND CONDITIONS
Seller and Buyer aggree as CITY OF LUBBOCK,TX
follows:
1.SELLER TO PACKAGE GOODS. Seller vill package goods in accordance with good commercial practice. lieu of any other remedies which Buyer may have in law or equity.
Each shipping container shall be clearly and permanently narked as follows(a) Seller's name and address. I5.TERMINATION.The performance of work under this order may be temhinaled in whole,aro in pan by the
(b)Consignees name,address and purchase orderor purchase release number and the supply agreement number Buyer R accordance with this provision. Termination is work hereunder shall be effected by the ruby the
ifapplicable,(c)Container number and total number of containers.c.g.box 1 of 4 boxes,and(d)the number
of the container bearing the packing slip. Seller shall bear cost ofpackaging unless otherwise provided. Goods of the Seller of a"Notice of Temination"specifying the extent to which performance of work under time
shall be suitably packed to secure lowest transportation costs and to conform with requirements•of common order is Icminated and the date upon which such termination becomes effective. Such right or termination is
carriers and any applicable specifications. Buyer's count or weight stall be final and conclusive on shipments in addition to and not in lieu of the rights of Buyer set forth in Clause 14,herein.
not accompanied by packing lists. 16.FORCE MAJEURE. Neither party shall be held responsible for losses, resulting ifthe fulfillment
2.SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the
reservation and no tender urn bill of lading will operate as a tender ofgoads. party whose performance is interfered with,and which by the exercise of reasonable diligence said party is
unable to prvHcnt.
1.TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer 17.ASSIGNbIENT-DELEGATION. No right or interest in this contract shall be assigned or delegation of
actually retires and takes possession of the goods at the point or paints of delivery. any obligation made by Seller without the written permission of Ilio Buyer. Any attempted assignment or
4.NO REPLACEMENT OF DEFECTIVE TENDER Every tender of delivery of goods meet fully comply delegation by Seller shall be wholly void and totally ine Bidive for all purpose unless made in conformit-vwith
with all provisions of this contract as to time of dclivery,quality and the like. If a tender is node which docs not this paragraph.
fully conform,[his shall constitute a breach and Seller shall not have the right to substitute a confanning tondo,,
provided,where the time for performance has not yet expired,the Scllcr may reasonably notify Buyer of his 18.WAIVER. No claim or right arising out of a breach of this contact can be discharged in whole or in part
intention to curt and may than make a conforming tender within Lite contract time but not aficnvard. by a waiver or renunciation of Ilia claim or right unless lrc waiver or renunciation is supported by
considerstionand is in writing signed by the aggrieved party.
5.INVOICES&PAYMENTS.a.Scllcr shall submit separate invoices,in duplicate,one each purchase 19. INTERPRETATION-P:\ROLE EVIDENCE. This writing, plus any specifications for bids and
order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release
number and the supply agreenlem number if applicable Invoices shall be itemdud and transportation charges, performaance provided by Buyer in its advertisement for bids, and any other documents provided by
if any,shall be listed separately. A copy of the bill of lading,and the freight waybill when applicable,should Scllcr as part of his bid,is intended by the parties as a final expression of their agreement mid intended also
be attached to the invoice Mail To;Accounts Payable.City of Lubbock,1'.O.Box 2000,Lubbock,Texas as a complete and exclusive statement of lire terns of their agreennent. Whenever a tern defined by lite
79457. Payment shall not be due until the above instruments are submitted after delivery. Uniform Commercial Code is used in this agreement.ilia definition contained in the Code is to control.
6.GRATUITIES. The Buyer may,by written notice to the Scllcr,canccl this contract without liability to 20.APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Cade.Whereever
Seller if it is deternimed by Buyer that gratuities,in the form of entenainment,gifts or otherwise,were offered We tern"Uniform Commercial Code"is used,it shall be construed as meaning the Uniform Comnimial
or given by the Seller,or any agent or representative of the Scllcr,to any officer or employee of lrc City of Code as adopted in the State of Texas as effective and in force on the date of this agrccmcnt.
Lubbock with a view to securing a contract or securing favorable treatment with respect to tine awarding or 21.RIGHT TO ASSURANCE. Whenever one party to this contract in good faith las reason to question
amending,or the making of any determinations with respect to[lie performing of such a contract. In the event the other patty's intent to perform he may demand this the other party give written assurance of his intent to
this contract is canceled by Buyer pursuant to this provision.Bayer shall be entitled,in addition to anv other perform. In the event that a demand is made and no assurance isgiven within five(5)days,Ilse demanding
rights and remedies,to recover or withhold the amount of the cost incurred by Seller in providing such gmluitics, party may treat this failure as an anticipatory repudiation of the contract.
7.SPECIAL TOOLS&•TEST EQUIPMENT. if the price stated on the face lureof includes the cost of any 22,INDEMNIFICATION. Seller shall indemnify,kccp and save hamhless the Buyer,its agents,officials and
special tooling or special test equipment fabricated or required by Scllcr for the purpose of filling this order, employees,against all injuries,deaths,lass,damages,claims,patent claims,suits,liabilities,judgments,costs
such special tooling equipment and an-y process sheets related thereto shall become the property of the Buyer and expenses,which may in anywise accrue against ilia Buyer in consequence of the granting of this Contract
and to ilia extent feasible shall be identified by the Scllcr as such. or which may anywise result therefrom,whether or not it shall he alleged or determined that the act was
8.WARRANTY-PRICE.a. The price to be paid by the Buyer shall be that contained in Seller's bid caused through negligence or omission of the Seller or its ctnployees,or of the subSclicr or assignee or its
which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind employees,if any,and Ilia Seller shall,at his own expense,appear,defend and pay all charges of attorneys
and specification covered by this agreement for similar quantities under similar of like conditions and methods and all costs and other expenses arising therefrom of incurred in connection therewith,and,if any judgment
of purchase. In the event Seller breaches[his warranty,the prices of the items shall be reduced to the shall be rendered against the Buyer in any such action,the Seller shall,at its own expenses,satisfy anti
Sellers current prices on orders by others,or in he alternative. Buyer may cancel Mils contract without discharge the same Seller expressly understands and agrees that any bond required by this contract, or
liability to Seller for breach or Seller's adhral expense.b.The Seller warrants that no person or selling agency otlnrwisc provided by Seiler,shall in no way limit ilia responsibility to indemnify,keep and savc harmless
has been employed or retained to solicit or secure this contract upon an agreement or understanding for and defend ilia Buyer as herein provided.
commission,perccmagc,brokerage,or contingent fee excepting bona fide employees of bona fide established 1-3.TIME. It is hereby expressly agreed and understood chat time is of tine essence for the performance of
commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or this contract,and failure by contract to meet the time specifrcatia s of this agrccmcnt will cause Seller to
vitiation of[his warranty the Buyer shall have the right in addition to any other right Of rights to cancel this be in default of this agreement,
contract without liability and to deduct from the contract price,or o[hewise recover without liability and to
deduct from the contract price.Or ollleraviso recover ilia full amount ofsuch commission,percentage,brokerage 24.MBE. The City of Lubbock hereby notifies all bidders that in regard to anv contract entered into
or contingent fee. pursuant to this request,minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitmion and will not be discriminated against on the grounds of race,color,
9.WARRANTY-PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do scx or natural origin in consideration for an award.
so shall render this contract voidable at the option of ilia Buyer. Seller wa rants that the goods furnished will
conform to the specification,drawings,and descriptions listed in the bid invitation,and to the sample(s)furnished 25.NON-ARBITRATION.The City reserves the right to exercise any right or remedy to it by law,contract,
by the Scllcr,if any, In the event of a conflict or between the specifications,drawings.and descriptions,Ilia equity,or otherwise,including without limitation,the right to seek any a nd all forms of relief in a court of
specifications shall govern.Notwithstanding any provisions contained in ilia contractual agreement,the Seller competent jurisdiction.Further,throe City shall not he subject to any arbitration process prior to exercising
represents and warrants fault-free performance and faull-free result in the processing date mid data related data iisunrestricied right to scckjudicial remedy.Theremediusetfo[th herein are cumulative and not exclusive.
(including,but not limited to calculating,comparing and sequencing)of all hardware.sollw•areand frmnvore and may be exercised concurrently.To the extent ofany conflict between ihLs prevision and anotherprovision
products delivered and services provided under this Contract,individually or in combination,as the case navy in,,or related to,this document,this provision shall control.
be from the effective date of this Contract.The obligations contained herein apply to products and services 26.RIGHT TO AUDIT.At any lime during the term of the contract,or thereafter,ilia City,or a duly
provided by the Seller,its sub-Seller or any third party involved in the creation or development of the products authorized audit representative of the City or the State of Tcxas,at its expense and at reasonable times,
and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the reseraes Lite right to audit Contracto's records and books relevant to all scrvices provided to the City under
obligations contained herein,may result in the City of Lubbock availing itself of any of its rights under the this Contract. In the event such an audit by the City reveals any errors or overpayments by ilia City.
law and under this Contract including,but not limited to,its right penaining to termination or default. 'file Contractor shall refund the Citv the fill amount of such overpayments within thirty(30)days of such
warranties contained herein arc separate and discrete f m any other warranties specified in this Contract, audit findings,or the City,at its option,reserves the right to deduct such amounts owing the City from any
and are not subject to any disclaimer of warranty.implied or expressed,or limitation of the Seller's liability payments due Contractor.
which may be specified in this Contract,its appendices,its schedules,its annexes or any document incorporated
in this Contract by referenco. 27.HOUSE BILL 2015. House Bill 2015,signed by las Governor an June 14,2013 and effective on January
1,2014,authorizes a penalty to be imposed on a person who contracts for certain services with a governmental
10.SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards entity and who FAILS to properly classify their workers.This applies to subcontractors u well.Contractors and
promulgated by ilia U.S.Department of Labor under ilia Occupational Safety and Health Act of 1970. In ilia subcontractors who fail to property classify individuals perlbrming work under a governmental contract will be
event ilia product does net conform to OSHA standards,Buyer may return the product far correction or ptnaliud$200 for each individual that has been misclassified.('texas Government Code Section 2155.001).
replacement at ilia Seller's expense. In the event Seiler fails to make lire appropriate correction within a
reasonable time,correction made by Buyer will be at the Seller's expense. 2S.ASSIGNING OR SUBLETTING THE CONTRACT.The Contmctorshall not assign or sublet the contract,
or any portion of the contract,without written consent from ilia Director of Purchasing and Contract
11.NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pan of this concoct forsake Seller [Management.Should consent be given,the Contractor shall insure the Subcontractor or shall provide proofon
agrees to ascertain whelher goods manufactured in accordance with the specifications attached to this agreement insurance from the Subcontractor that complies with all contract Insurance requirements.
will give rise to the rightful claim of any third person byway of infringement of the like. Buyer makes no
warranty that the production of goods according lathe specification will not give rise to such a claim,and in no 29,HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295,adopted by the S4th
event shall Buyer be liable to Seller for indemnification in the event lat Seller is sued on ilia grounds of Legislature,created§2252.908,Texas Government Coda Section 2252.908 requires a business entity entering
infringement of the like. If Seller is of the opinion tat an infringement critic like will result,he will notify the into certain contracts with a governmental entity or state agency to rile with the governmental entity or stare
Buyer to this effect in writing within two weeks aficr the signing ofthis agreement. If Byer does not receive agency a disclosure of interested parties at the time the business entity submits tiro signed contract to the
notice and is subsequently held liable for the infringement or the like.Seller will save Buyer harmless. If govcromental entity or state agency. Insuuetions for completing Foran 1295 are available at:
Seller in good faith ascertains the production of the goods in accordance with the specifications will result in bun: +cava.ci.luhhnck.rx us:denannhenlal•w'chrihv.demnmcmv'lmnclnsin,,-dor AW,am:tion
infringement or the like,the contract shall be null and void. 30.CONTRACTOR ACKNOWLEDGES,by supplying any Goods or Services that the Contractor has read,
12. NON APPROPRIATION, All funds for payment by the City under this contract are subject to the fully understands,and will be in full compliance with all terrors and conditions and ilia descriptive material
availability of an annual appropriation for this purpose by the City. In the event of nanappropriation of funds contained herein and any additional associated documents and Amendments.The City disclaims any terms and
by the City Council of the City of Lubbock for the goods or services provided under the contract,the City will conditions provided by the Contractor unless agreed upon in writing by the patties. In the event of conflict
terminate the contract,without IlrmlnallOn charge or other liability,on the last day of the then-current fiscal between these terms and conditions and any terns and conditions provided by the Contractor,the terms and
year or when the appropriation made for the then-current year for the goods or services covered by this contract conditions provided herein shall prevail. The terms and conditions provided herein are the final terns agreed
is spent,whichever event occurs first. If at any time funds are not appropriated for the continuance of this upon by the parties,and any prior conflicting terns shall be of no force or effect.
contract,cancellation shall be accepted by the Seller on thirty(30)days prior written notice,but failure to give
such notice shall be of no effect and tlhe City shall not be obligated under this contract beyond ilia date or 31.By accepting this PO,contractor acknowledges that pursuant to Section 2270.002,Goverment Code.(a)
termination. This section applies only to a contract that:(1)is between a governmental entity and a company with 10
or more full-time employers;and (2)has a value of 3100,000 or more that is to be paid wholly or partly
13.RIGHT OF INSPECTION, Buyer shall have the right to inspect Una goads at delivery betnrc accepting from public funds of the governmental entity. (b)A govermncntal entity may not eater into a contract with
them a company for goods or services unless the contract contains it written verification front the company that
14.CANCELLATION. Buyer shal l have the right to cancel for default all or any part of the undelivered it:(I)does not boycott Isncl;and(2)will not boycott Israel during the tem of the contract..
portion of this order if Seller breaches any critic terns hereof including warranties of Seiler or if ilia Seller
becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in
Rev.07119
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loft
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
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-554639
HURST FARM SUPPLY
LUBBOCK,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 10123/2019
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.
31048644
John Deere 6155M
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (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 'T6 and my dale of hirth is
My address is W( �'y ( (��`% %"� ��.���t d WL
(street) (city) (state) (zip code) (country)
I declare under penaltyofperjury that the foregoing is Irue and correct.
Executed in % GCS County, Sjale of ' S on th L�•7 day of �� '20 .
(month) (year)
SignaftiAef authorized ag of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics:state.tx.us Version V1.1.3a6aaf7d
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
10f1
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
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-554639
HURST FARM SUPPLY
LUBBOCK,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/23/2019
being filed.
City of Lubbock Date Acknowledged:
10/23/2019
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.
31048644
John Deere 6155M
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (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 and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penally 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 V1.1.3a6aaf7d