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HomeMy WebLinkAboutResolution - 2011-R0049 - PO - Dell Marketing LP - Rugged Laptops And Hardware, LP&L - 01/27/2011Resolution No. 2011-120049 January 27, 2011 Item No. 5.24 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. 21400189 for the purchase of 68 rugged laptops and mounting hardware for Lubbock Power and Light, by and between the City of Lubbock and Dell Marketing LP of Round Rock, Texas, 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 January 27, 2011. TOM MARTIN, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS 'ro CONTENT: - Mark Qarwo(A, Assistant City Manager Chief Information Officer APPROVED S TO FORM: Chad Weaver, Assistant City Attorney vwxcdocs/RES.Dell Marketing LP-PurchaseOrd January 12, 2011 clty0f Resolution No. 2011-80049 �, lubbock Page - I Date - 01/12/2011 PURCHASE ORDER Order Number 21400189 000 OP TO: DELL MARKETING LP RR 8 BOX 8706 ONE DELL WAY ROUND ROCK Texas 78682 SHIP TO: Branch/Plant 8562 CITY OF LUBBOCK MUNICIPAL SQUARE BUILDING CIO JASON GOELZER, ROOM 104 916 TEXAS AVENUE LUBBOCK Texas 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Ordered 01/1112011 Freight Requested 01/26/2011 Taken By D.TORRES Delivery PER J.GOELZER/REQ 36623 DIR-SDD-890-TX Description/Supplier Item Ordered UM Unit Cost UM Extension Request Date _ Dell Latitude E640OXFR 68.000 EA 3,251.0500 EA 221,071.40 0211712011. #224-5128 HAVIS E6400 XFR Vehcl Dock sta 68.000 EA 730.3900 EA 49,666.52 02/17/2011 #A3985625 DE2045-1342 90Watt Power Adptr 68.000 EA 96.3800 EA 6,553.84 02/17/2011 #A0406013 AP Multimode Combo Antenna 68.000 EA 149.5900 EA 10,172.12 02/17/2011 #A3010022 1999-2011 FORD F250 Pside mat 17.000 EA 429.4300 EA 7,30031 02/17/2011 #A4288393 Havis Chev Trailblzr mntg pkg 2.000 EA 399.5100 EA 799.02 02/17/2011 #A3985802 Havis Chev Tahoe mntg pkg 27.000 EA 359.0300 EA 9,693.81 02/17/2011 #A3985782 Havis 16 Telescpng Devic 14.000 EA 117.0300 EA 1,638.42 02/17/2011 #A3985724 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Sellar and Buyer agree as follows' t, SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b) Consigi ce's name, address and purchase order or purchase release number and the supply agreement number if applicable, (ci Container number and total number of comainers, e.g. box I of4 boxes, and (d) the number of the container hearing the packing slip. Seller 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 counterweight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHRINIENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of 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 Buyer until Buyer actually receives and takes possession of the goods al the point or points of delivery.. 4, NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goads 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 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 reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. Seller 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 freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instriments are submitted after delivery. 61 GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller. or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with 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 recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. K the price stated on the face hercaf includes the cost ofany special tooling or special less 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 by the Seiler as such. 8, WARRANTY -PRICE. a. The price to be paid by the Buyer shalt 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 warranty, the pnccs of the items shall be reduced to the Seiler's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach ur Seller's actual expense. b. The Seller warrants 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 tide established commercial or selling agencies maintained by the Seiler for the purpose of securing business. For breach of viciation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without hability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY-PRODUCP. 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 the bid invitation, and to the sample(s) furnished by the Seller, if any. in the event of a conflict Lir between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents Lind warrants fault -free 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, soRware and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Seiler warrants the year2000 calculations will be recognized and accommodated and will not, to any way, result in hardware, software or firmware failure. The Ctry of Lubbock, at its bole option, inay require the Seller, at any time. to demonstrate the precedures it intends to follow in order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Seller, its sub -Seller or any third party 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 with any of the obligations contained herein, may result in the City of Lubbock availing itself of any 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 in 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 any document incorporated in this Contract by 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 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 Seller's expense. in the event Seller fads to make the appropriate correction within a reasonable ume, correction made by Buyer will beat the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pan of this contract for sale Seiler 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 byway of infringement of the like. Buyer makes no warranty that the production of goods according to the spectfication will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued an the grounds of infringement of the like. If Seller is of the opinion that an infringement or the like will result he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertains the production of the goads in accordance with the specifications will result in infringement or the like, the contract shall be null and void. 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. 0. CANCELLATION. Buyer shall have the right to cancel for default all or any pan of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such rightof cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 14. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Termination of work hercunder shall be effected by the delivery of the Seller 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 Buyer set forth in Clause 13, herein. 15. FORCE MA3EURE. Neither party shall be held responsible for losses, resulting if the fulfi Ilment of any terms of provisions of this contract is delayed or prevented by any cause nut 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. 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the wduen permission ofthe Buyer. Any attempted assignment or delegation by Seller.ahall be wholly void and totally ineffective for .111 purpose unless made in conformity with this paragraph.. 17. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 18. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in itsadvertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is us d in this agreement, the definition contained in the Code is to control. 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial lode. Where ever 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 effective and in force on the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 21. 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 anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise 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 employees, or of the subSellcr 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 therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller 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 by Seller, shall in no way limit the respunsibdily to indemnify, keep and save harmless and defend the Buyer as herein provided. 22, 'rimb. Is is hereby expressly meed and understood that time is of the essence fur [tic performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default of this .agreement. 23. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit hills 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. Rev. 08/2005 b"o'y'c A Resolution No. 2011--R00491ubk Page _ 2 PURCHASE ORDER Date - 01112,21011 Order Number 21400189 000 OP TO:. DELL MARKETING LP RR 8 BOX 8706 ONE DELL WAY ROUND ROCK Texas 78682 SHIP TO: Branch/Plant 8562 CITY OF LUBBOCK MUNICIPAL SQUARE BUILDING CIO JASON GOELZER, ROOM 104 916 TEXAS AVENUE LUBBOCK Texas 79401 INVOICE TO. CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Mal Ordered 01/11/2011 Freight Requested 01/26/2011 Taken By D.TORRES Delivery PER J.GOELZER/REQ 36623 DIR-SDD-890-TX Description/Supplier [tem Ordered UM Unit Cost UM Extension Request Date HavisSlideout Tilt/Sw shrt hdl 22.000 EA 184.7900 EA 4,065.38 02/17/2011 #A3985736 Havis 8.5 Telescpng shrt hdl #A3985821 Havis Univ mounting base #A3985722 Havis. Hvy Duty Stab Supp Arm 4A3985725 Terms NET 30 8.000 EA 105.5900 EA 844.72 02/17/2011 8.000 EA 59.8300 EA 478.64 02/17/2011 8.000 EA 44.8700 EA 358.96 02/17/2011 Total Order 312,643.14 This purchase order encumbers funds in the amount of $312,643.14 awarded to Dell Marketing, LP. of Round Rock, Texas, on January 27, 2011. The following is incorporated into and made part of this purchase order by reference: Price quotation dated January 10, 2011 from Dell Marketing, LP. of Round Rock, Texas. Resolution# 2011-80049 CITY OF LUBBOCK ATTEST: ,104 '%' aY- Tom Martin, Mayor Rebe ca Garza, City Secretary TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seiler and Buyer agree as fotlows: 1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently !narked as follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (e) Container number and total number of containers, e.g. box I of 4 boxes, and (d) the number of the container bearing the packing slip. Seller 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 cameo and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lista. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of 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 Buyer 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. Ira 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 reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. Seller 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 freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 20W. Lubbock, Texas 794457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with 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 arty other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuilics. 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price slated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of tilling Ibis order, such special tooling equipment and any process shears related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. I. WARRANTY -PRICE. a. The price to be paid by the Buyer 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 warranty, the prices of the hearts shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants 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 bons ride employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose ofsecuring business. For breach of vicialion of this warranty rhe Buyer 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 recover the ful l 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 . pccification, drawings, and descriptions listed in the bid invitation, and to the sample(s) fsmtished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and wnrrants fault -free 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 firmware products delivered and services provided under this Contract, individually or in combination, as the case may he from the effective date of this Contract. Also, the Seller warrants the year20N calculations will be recognized and accommodated and wail not, in any way, result in hardware, w6ware or firmware failure. The City of Luoboek, at ', 3ok option, may require rhe Seller, ;it any lime, to demonstrate the procedures a mtendx in fallow in order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Seller, its sub -Seller or any third party involved in the creation or development of the products and services to he 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 any of its rights under the law and under this Contract including, but not limned 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 ofthe Seller's inability which may be specified in this Contract, its appendices, its Schedules, its annexes or any document incorporated in this Contract by 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 Safety and Heallh 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 Seller's expense. In the event Sciler fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. IL NO WARRANTY BY BUYER AGAINST iNFRNGEMENTS. As pant of this contract for sale Seller agrees to ascertain whether goads manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim orally 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 Buyer In' Iiable to Seller for indemnification in the event that Seiler 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 notify the Buyer to this effect to writing within two weeks afler the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. if Seller 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. 12. RIGHT OF INSPECTION. Buyer shall have the riot to inspect the goods at delivery before accepting them. 13. CANCELLATION, Buyer shall have the right to cancel fat default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. S ich nght of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 14. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Sutler 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 Buyer set forth in Clause 13, herein. 15. FORCE MA]EURE. Neither party shall be held responsible for losses, resulting if the fsifiIlment orally terms of provisions of this contract is delayed or prevented by any cause nct 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. $6. ASSIGNMENT -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 Seller shall be wholly void and totally ineffective for al l purpose unless magic in conformity with this paragraph. 17. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in pan by a waiver or renunciation of the claim or right unless the waiver or renunc ration 1, supported by consideration and is in writing signed by the aggrieved party. 111. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as pan of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Where ever the term "Uniform Commercial Code" is used, it shall be construed as meaning lite Uniform Commercial Code as adopted in the Stale of Texas as effective and in force on the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may Treat this failure as an anticipatory repudiation of the contract. 21. 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 anywise accrue against the Buyer in consequence of the granting of this Contract or which may Anywise result therefrom, whether or not it shalt be alleged or determined thatthe 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 tine Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection [herewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, sutisfy and discharge the same Seller 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 save harmless and delend the Buyer as herein provided. 22. TIME. It is herehy expressly agreed and understood that time is urate essence £or the performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default of this agreement. 23. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invda¢on .and will not he discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. Rev. 08/2005