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HomeMy WebLinkAboutResolution - 2003-R0089 - Letter Of Award For Office Furniture - Baker Office Products - 02_27_2003Resolution No. 2003-R0089 February 27 2003 Item No. 26 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for office furniture — annual pricing, by and between the City of Lubbock and Baker Office Products of Lubbock, Texas and related documents. Said Letter of Award 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 this ATTEST: 0 CQ Reb cca Garza, City Secretary APPROVED AS TO CONTENT: 27th V Victor Kilmarl Purchasing Manager APPROVED AS TO FORM: 'John Knight/ Assistant City Attorney gsiccdocs/Ltr of Award -Baker Office Products.res Feb.17, 2003 day of February , 2003. Resolution No. 2003-R0089 February 27, 2003 Item No. 26 Office of Purchasing P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2167 • Fax (806) 775-2164 February 27, 2003 Brian McPeak Baker Office Products PO Box 1920 Lubbock, TX 79408 RE: ITB #007-031DC— OFFICE FURNITURE — ANNUAL PRICING Dear Mr. McPeak: Baker Office Products has been awarded the items noted below on the Office Furniture - Annual Pricing on your response to the City of Lubbock Invitation to Bid #007-03/DC. A Purchase Order will be issued as required by City Departments for the following category of items shown below, and no other, during the period beginning February 27, 2003 and ending February 26, 2004. The purchase order number must be on the invoice sent to the City of Lubbock for payment. The City of Lubbock shall not be responsible for payment of any invoices except those orders placed pursuant to this agreement. 2. Category of Items: Item #1 Desks & Credenzas - Steelcase @ 35.0% off MSRP Item #1 Desks & Credenzas — Haskell @ 20.5% off MSRP Item #1 Desks & Credenzas — Jofco @ 40.0% off MSRP Item #1 Desks & Credenzas — Inwood @ 47.1 % off MSRP Item #1 Desks & Credenzas — Indiana @ 47.6% off MSRP Item #2 Bookcases — Steelcase @ 35.0% off MSRP Item #2 Bookcases - Jofco @ 40.0% off MSRP Item #2 Bookcases — ABCO @ 40.1 % off MSRP Item #2 Bookcases — Bevis @ 53.1 % off MSRP Item #2 Bookcases — Indiana @ 47.1 % off MS'RP Item #3 Conference Tables — Steelcase @ 35.0% off MSRP Item #3 Conference Tables — Jofco @ 40.0% off MSRP Item #3 Conference Tables — ABCO @ 40.1 % off MSRP Item #3 Conference Tables — Howe @ 35.1 % off MSRP Item #3 Conference Tables — Bevis @ 53.1 % off MSRP Item #3 Conference Tables — Inwood @ 47.1 % off MSRP Item #3 Conference Tables — Indiana @ 47.6% off MSRP Item #4 Work Tables — Steelcase @ 35.0% off MSRP Item #4 Work Tables — Jofco @ 40.0% off MSRP Item #4 Work Tables — Howe @ 35.1 % off MSRP Item #4 Work Tables - Bevis @ 53.1 % off MSRP Item #4 Work Tables - Indiana @ 47.6% off MSRP Item #5 Folding Tables - Samsonite @ 30.1 % off MSRP Item #5 Folding Tables - ABCO @ 40.1 % off MSRP Item #5 Folding Tables - Howe @ 35.1 % off MSRP Item #5 Folding Tables - Bevis @ 53.1 % off MSRP Item #6 Drafting Table - Mayline @ 47.1 % off MSRP Item #7 Office Chairs - United @ 47.1 % off MSRP Item #7 Office Chairs - Steelcase @ 35.0% off MSRP Item #7 Office Chairs - Global @ 45.1 % off MSRP Item #7 Office Chairs - Indiana @ 47.1 % off MSRP Item #7 Office Chairs - Hillcrest @ 46.6% off MSRP Item #8 Stacking Chairs - ABCO @ 40.1 % off MSRP Item #8 Stacking Chairs - Samsonite @ 30.1 % off MSRP Item #8 Stacking Chairs - United @ 47.1 % off MSRP Item #8 Stacking Chairs - Virco @ 47.1 % off MSRP Item #8 Stacking Chairs - Global @ 45.1 % off MSRP Item #8 Stacking Chairs - Steelcase @ 35.0% off MSRP Item #8 Stacking Chairs - Correll @ 40.1 % off MSRP Item #9 Folding Chairs - Samsonite @ 30.1 % off MSRP Item #9 Folding Chairs - Virco @ 47.1 % off MSRP Item #9 Folding Chairs - ABCO @ 40.1 % off MSRP Item #10 Vertical File Cabinets - Steelcase @ 35.0% off MSRP Item #10 Vertical File Cabinets - Office Impressions @ 25.1 % off MSRP Item #10 Vertical File Cabinets - Anderson -Hickey @ 47.1 % off MSRP Item #11 Lateral File Cabinets - Steelcase @ 35.0% off MSRP Item #12 Mobile File Cabinets - ABCO @ 40.1 % off MSRP Item #12 Mobile File Cabinets - Steelcase @ 35.0% off MSRP Item #13 Cardfile Cabinets - Steelcase @ 35.0% off MSRP Item #14 Flat Files - Hamilton @ 5.6% off MSRP Item #15 Typewriter Stands - Virco @ 47.1 % off MSRP Item #15 Typewriter Stands - ABCO @ 40.1 % off MSRP Item #15 Typewriter Stands - Tiffany @ 47.1 % off MSRP Item #15 Typewriter Stands - Bevis @ 53.1 % off MSRP Item #16 Computer Furniture - Steelcase @ 35.0% off MSRP Item #16 Computer Furniture - Virco @ 47.1 % off MSRP Item #16 Computer Furniture - Bevis @ 53.1 % off MSRP Item #16 Computer Furniture - Tiffany @ 47.1 % off MSRP Item #16 Computer Furniture - Rubber Maid @ 20.1 % off MSRP Item #16 Computer Furniture - Micro Center @ 20.1 % off MSRP 3. Baker Office Products bid dated February 11, 2003 is incorporated into and made a part of this agreement. 4. Prices: Discount of Manufacturer's Suggested Retail Price. 5. All invoices shall be directed to: City of Lubbock Accounts Payable PO Box 2000 Lubbock, TX 79459 6. The City of Lubbock reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City of Lubbock in the event of breach or default of this agreement. The City of Lubbock reserves the right to terminate this agreement with a thirty (30) day written notice in the event Baker Office Products fails to perform in accordance with their proposal dated February 11, 2003. CITY OF LUBBOC Mayor APPROVED AS TO CONTENT: Victor Kilman Purchasing Manager APPROVED AS TO FORM: William D. de Haas Contract Manager/Attorney cc: Bid Folder Vendor File ATTEST: Re cca Garza City Secretary ITB m7-o-20D&Dc, office Furniture — Annual Pricing Resolution No. 2003-ROO89 SUBMIT TO: Y = a CITY OF LUBBOCK l CITY OF TEXAS LUBBOCK, PURCHASING DEPARTMENT 11 . 1625 13T" STREET, RM L04 LUBBOCK, TX 79401-3830 ` AN EQUAL OPPORTUNITY INVITATION TO . B I D CONTACT PERSON: >. Diana Caudillo EMPLOYER #007-0-2003/DC TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.cl.lubbock.tx.us TITLE: SUBMITTAL DEADLINE: Office Furniture- Annual Pricing February 11, 2003, 1:00 p.m. CST PRE BID DATE, TIME AND LOCATION: January 28, 2003 @ 9:00 am Any bids received after the time and date listed CST, in the Munici al Buildin ,.1625 13"' Street, p g Plannin g above, nsardless of the mode of delivery, shall be returned unopened. Conference Room 107, Lubbock, Texas RESPONDENT NAME: Brian McPeak - IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE "STATEMENT OF NO BID". MAILING ADDRESS: P.O. Box 1920 CITY -STATE -ZIP:_ THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY Lubbock, Texas 79408 AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO NO: TELEPHONE ENTER INTO ANY CONTRACT DEFINED TO BE IN THE BEST INTEREST OF THE 806-763-2500 Cm. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY FAX NO _ 806-747-1600 TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER 1F ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, E-MAIL' ; _ me eak@bakerof ice roduct s. COm INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN. THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. 7 5- 2 64717 2 r * ` THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKHO 4 EDGES RERIPT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA: -2 #3 #4 #5 (Please Initial) The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above f rmt_ YES NO IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND BEING FAMILIAR WITH THE'CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING. NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID. ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror wilt convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust taws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discretion, SuSh assignment shalt be made and become effective at the time the City tenders final payment to the vendor. 'op r �> General . Manamer Au d Signature Title Bran MC 4, Y 2/11 03 Print/Type Nameh Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 007-0-20031TBBestVat.doc z 1 IM #007.0-2003/DC, Office Fumiture—Annual Pricing . BID FORM Office Furniture - Annual Pricing CITY OF LUBBOCK, TEXAS ITB N007-0-2003/DC In compliance with the Invitation to Bid #007-0-2003/DC, the undersigned Bidder having examined the Invitation .to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said'items at the locations . and for the prices set forth on this form. The Invitation to Bid N007-0-2003/DC is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM DESCRIPTION MANUFACTURER % DISCOUNT Desks and Credenzas Hon 3- 1 Steetcase 3�o Haskell National yes~ a u o Jofco U T� •a w Paoli .1 P III W `� Kimball / ivb ra k Herman Miller /1 OFS C� Inwood Indiana 4% Global �. 2. Bookcases Hon 3 14 Steelcase 3 Sirco f McDowell -Craig U c Correll41 i w Jofco 0 O ABCOO . a� a. a aki ow National Bevis �3 007-0-2003 rBBmtVat.dm 3 ITB it007-0-20031DC, Office Furniture —Annual Pricing Meridian 41 g Ors Indiana �-7 1 3. Conference Tables steelcase Lit-Ning _ !� f Krueger Fixtures14 r s- � U OFs3. Correll a, w Hon �3 I u o -A Jofco j1 W , 1,4 4)m 'run ABCO L1 w -0 :H v .0ccW V .k G Howe Bevis j National 6. Paoli Kimball �( Inwood Indiana (r _ 4. Work Tables Hon 7 W � CO steelcase ^ S� u b 14 ABCO a f W. W a) 44 Jofco !4 -W �Wo owe �► � ni� w Fixtures 007.0-2003rTBBesWal.doc 4 ITB p007-0-20031DC, Office Furniture — Annual Pricing Krueger 6 Bevis -----Indiana S. Folding Tables Samsonite w` Krueger u +�av� ABCO �O % U O U . Howe �4 nb44 J. Fixtures C Bevis a, w f a v a� Correll L(©� 6. Drafting Tables Mayline 7 Sako L s 7. Office Chairs Hon 3 La-Z-Boyd United Steelcase Herman Miller Cd National r w Cd `i'6• W 44 O Paoli cU . rA Kimball i wN H � 1( $4 V U Krueger 10 a v OFS Global Indiana 007-0-20031TBBestVat.doc 5 ITB #007-0-2003/DC, Office Furniture —Annual Pricing Hillcrest t (� �+ b 8. Stacking Chairs ABCO Krueger Q o Samsonite �O ' Cd Fixtures. c� U O U Hon $4 W b 0) United (-�- Cd G cu Virco `d a. cu. ai l .Global Steelcase Correll 9. Folding Chairs Samsonite Virco N Cd W -H v a ABCO �C w at Cd b v 4-4`� Fixtures t ,u x o c� , Cd 10 aW d Z .; o Krueger a Cd ,-q -W .0 10. Vertical Fite Cabinets Hon I u � Steelcase 4J r. W Cd a r Tennsco 2� l U O, U co Krueger v a Meridian Office Impressions j a a► Anderson -Hickey 007-0-2003ITB MYaLcl c 6 ITB #007-0-2003/DC, Office Furniture — Annual Pricing 11. Lateral File Cabinets National I b I a, CO ', Hon r U I 41 0 41 Steelcase C a a v w o 0 ° w Meridian 4 -4 � Office Impressions n a i OFS S is 4 x TAB 12. Mobile File Cabinets Hon Meridian 1 m 1 u Krueger ,b a� a� w "i ABCO 1�0 a, c , 1 $4 (U w CCd o TAB / 0° 4) .4 C w -H Steelcase Cardfile Cabinets Globe -Weis , O Hon Steelcase Tennsco 2 TAB 1\1 14. Flat Files Hamilton Mayline \4-. Safco "Z TAB N 15. Typewriter Stands Virco T ABCO Tiffany 007-0-2003lnBestVal.d0c 7 ITB f1007-0-2003/DC, Office Furniture —Annual Pricing Bevis3 r 16. Computer Furniture Hon WStee[case,� ci Cd ABCO U o °u Krueger a W N �b au -H Virco .w r-1 b Bevis �7 J. a� o. �4 a axi 4) Tiffany Bush / Betford 2 S� Rubber Maid Micro Center / 'PRICE: F.O.B. City of Lubbock "Days After Receipt of Order (ARO) PAYMENT TERMS AND DISCOUNTS - Bidder offers a `� prompt payment discount of ,,%,&t _ calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets_ contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. City of Lubbock Purchasing Card: Presently, many city departments use a City of Lubbock Purchasing Card (MasterCard) in lieu of issuing a purchase order to pay for some of its purchases. This is a method of purchasing that allows departments the flexibility of acquiring goods and services on an "as needed" basis (not to exceed $2,500 per transaction) rather than process a purchase requisition. The benefits of using this card are reduced time spent on order processing, provide more flexibility for purchases especially emergencies, reduce paper work, and lower overall operating. costs. No additional charges will be allowed by the successful bidder for city departments using the card. Please indicate on this Bid Form if you will accept the Purchasing Card for payment. City of Lubbock departments may use City of Lubbock Purchasing Card for purchases from this contract. YES NO (Refusal will not be a determining factor in award of this Contract) INTERLOCAL PURCHASING (optional): The City desires to make available to. other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she wit/ honor Political Subdivision orders in addition to orders from the City'of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? 007.0.2003I.TBBestVal.doc 8 iTB #007-0-20031DC, Office Furniture - Annual Pricing Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, and City of Wolfforth. YES_ NO • if you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY Baker Office Products k04ef ,Etl ItJVW z VfA49'S1�q,6YI//IjI///I71/7Jorapartnership consisting of RAker OffirP Prndiirrc west Tpwng-Tne. G.P. or an individual trading as of the City of Firm: Baker Office Products Address: 1301 13th Street City: Lubbock State: Tx Zip 79401 M/WBE Firm: I I Hispanic American I i Asian Pacific American I I Other (Specify) I Officer Name and Representative - must sign by 'ease Print Business Telephone Number 806-763-2500 FAX; 806-747-1600 FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $25,000): Date P.O./Contract Issued: 007-0-2003nUestVal,doc 9 ITB #007-0.20031DC, Office Furniture — Annual Pricing This Page Intentionally Left Blank 007-0.20031TBBestVal.doc 10 ITB #007-0-2003/DC, Office Fumdure -Annual Pridng City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or personal property that is not affixed to real property, if the City receives one or more bids from a bidder whose principal place of business is in the City of Lubbock and whose bid is within three percent (3%) of the lowest bid price received by the City from a bidder who is not a resident of the City of Lubbock, the City may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the City of Lubbock if the City Council determines, in writing, that the local bidder offers the City the best combination of contract price and additional economic development opportunities for the City of Lubbock created by the contract award, including the employment of residents of the City of Lubbock and increased tax revenues to the City of Lubbock. In order to receive consideration, bidders must submit this affidavit to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13u' Street Lubbock, TX 79401 Complete all areas below. Incomplete affidavits may be rejected. Local Business Name: Baker Office Products Local Address (must be within the City limits): 1301 13th Street 1. is the above address the principal place of business for the business named above? YES 2. How many residents of the City of Lubbock are employed at the above business location? 28 3. Year your business was established in the City of Lubbock: 1931 4. For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number: 1-75-2647173-9 Company Name and Address (as it appears on permit): Baker Office Products LTD. 1.301 13th Street Lubbock, Texas 79401 5. Does your business have more than one office in the State of Texas? Yes x No If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: 6. Was the local business required to pay business and/or real property tax for the most recent tax year? y— Yes No If Yes, did the local business pay any of this tax to the City of Lubbock? % Yes No Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, firm, corporation or entity intentionally submitting false information to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City of Lubbock produ and services for a period of one (1) year. Authorized Signatur : Date: 2 / 11 / 03 Printed Name and Title: Brian McPeak, Gneral Manager 007-0-2003lTBBestVal.ckx 25 ITB #007-0-2003/DC, Addendum.#1 VENDOR REFERENCES Please list three.13) references of current customers who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this bid. THIS FORM MUST BE RETURNED WITH YOUR BID. REFERENCE ONE Government/Company Name: State National Bank System Address: Lubbock, Texaa Contact Person and Title: Frank McCoy, AIA Facilities Manager Phone: 7 23-543 3 Fax: Contract Period: on -going Scope of Work: new 1 00 00 REFERENCE TWO Government/Company Name: Lubbock County Address: Lubbock, Texas Contact Person and Title: Steve Chandler, Purchasing Agent Phone: 7 75-1014 Fax: Contract Period: on -going Scope of Work: REFERENCE THREE Government/Company Name: Texas Tech University Physical Plant Address: Lubbock, Texas Contact Person and Title: Sally Roberts, ASID Project Manager Phone: 742=3300 ext 262 Fax: Contract Period: Per Bid Scope of Work: New Rtt i 1 A i ng,�RPmndels $250,000 007-0-2003Addend l .doc Baker Office Products ITB #007-0-2003/DC, Office Furniture --Annual Pricing As per specifications, addendum #1, paragraph 3 on above referenced ITS: Baker Office Products will have a premium percentage add -on of 5% for any and all manufacturers/sources that have available a 3 day or less delivery if such delivery is specified on purchase order and available in the "local area". a // Brian McPeak, General Mgr. Date Y Resolution No. 2003-Roo89 ° Cit of Lubbock 1 PURC HASE ORDER Date - 5/17/04 Order No. Brn/Plt _ 260057-000 OP 3511 (( TO: SHIP TO: BAKER OFFICE PRODUCTS CITY OF LUBBOCK PO BOX 1920 POLICE DEPARTMENT LUBBOCK TX 79408 916 TEXAS AVENUE LUBBOCK TX 79401 Ordered - 05/14/04 Freight - FOB Destination Frt Prepaid Requested - 06/30/04 Placed By - BRUCE MACNAIR 775-2163 Special Ins Ref ITB#007-03/DC --------------------------------------- --------------------------------------- -------- Description / Supplier Item Ordered UM Unit Cost UM Extension Req. Dt ------------------------------------------ MD7236LCDP Desk-Dbl Ped. 1.000 ----------------- EA 1,511.2500 ------------------ EA 1,511.25 -------- - 06/30/04 MBR4824 Bridge -Desk 18.000 EA 468.6500 EA 8,435.70 06/30/04 MD7230LCLP Desk-Sgl Ped. 11.000 EA 1,225.2500 EA 13,477.75 06/30/04 MD7224LRP Desk-Sgl Ped. 11.000 EA 1,077.0500 EA 11,847.55 06/30/04 MD7230LCRP Desk-Sgl Ped. 7.000 EA 1,225.2500 EA 8,576.75 06/30/04 MD7224LLP Desk-Sgl Ped. 7.000 EA 1,077.0500 EA 7,539.35 06/30/04 70SM35AL Service Module 18.000 EA 889.2000 EA 16,005.60 06/30/04 84260HD2 Cab-Combin 2.000 EA 1,161.5500 EA 2,323.10 06/30/04 WFC27236 Desk-Dbl Ped. 1.000 EA 1,290.2500 EA 1,290.25 06/30/04 WFCP7220 Credenza 1.000 EA 1,170.0000 EA 1,170.00 06/30/04 WCS3672L Cabinet -Storage 1.000 EA 1,446.2500 EA 1,446.25 06/30/04 242461 File -Lateral 4.000 EA 657.8000 EA 2,631.20 06/30/04 847CW Counterweight -Lateral 4.000 EA 66.9500 EA 267.80 06/30/04 474429W Chair -Guest 2.000 EA 574.6000 EA 1,149.20 06/30/04 W45CWD Center Drawer 1.000 EA 103.3500 EA 103.35 06/30/04 LOCK9201FR Lock Cylinder 62.000 EA .0000 EA 06/30/04 LOCK925ONC1 Lock Cylinder 3.000 EA .0000 EA 06/30/04 555 Series 4'x10' Markerboa 2.000 EA 399.7500 EA 799.50 06/30/04 TR16 United Chair Troubador 2.000 EA 293.6000 EA 587.20 06/30/04 MD6630LCRP Desk-Sgl Ped. 4.000 EA 1,192.1000' EA 4,768.40 06/30/04 MD7224LRP Desk-Sgl Ped. 1.000 EA 1,077.0500 EA 1,077.05 06/30/04 MD7230LCLP Desk-Sgl Ped. 1.000 EA 1,225.2500 EA 1,225.25 06/30/04 MR4824LLP Return -Desk Hgt 4.000 EA 784.5500 EA 3,138.20 06/30/04 MBR4824 Bridge -Desk Hgt 1.000 EA 468.6500 EA 468.65 06/30/04 70SM35AL Service Module 1.000 EA 889.2000 EA 889.20 06/30/04 LOCK9201FR Lock Cylinder 11.000 EA .0000 EA 06/30/04 STORM 18x72 Table 7.000 EA 399.7800 EA 2,798.46 06/30/04 STORM 24x48 Table 3.000 EA 370.5800 EA 1,111.74 06/30/04 STORM 30x30 Table 2.000 EA 347.2200 EA 694.44 06/30/04 UGA5442 JOFCO Guest Chair 6.000 EA 556.8000 EA 3,340.80 06/30/04 OST 2420-18 JOFCO End Table 1.000 EA 488.4000 EA 488.40 06/30/04 100mo TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 1. 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) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g, box 1 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 carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 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. 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 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 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. If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. 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 items 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 bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of viciation of this warranty the 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 full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished 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 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, software 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 Seller warrants the year2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Seller, at any time, to demonstrate the procedures 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 minder 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 fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part 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 byway 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 be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will 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 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 right to inspect the goods at delivery before accepting them. 13. CANCELLATION. Buyer shall have the right to cancel for 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. Such right 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 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 MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this 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. 16. 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 all 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 its advertisement 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 terra 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 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 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 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 responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 22. 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 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 invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. 1000250 s Y City of Lubbock PURCHASE ORDER TO: BAKER OFFICE PRODUCTS PO BOX 1920 LUBBOCK TX 79408 Page - 2 Date - 5/17/04 Order No. - 260057-000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK POLICE DEPARTMENT 916 TEXAS AVENUE LUBBOCK TX 79401 -------------------------------------------------------- Ordered - 05/14/04 Freight - FOB Destination Frt Prepaid Requested - 06/30/04 Placed By - BRUCE MACNAIR 775-2163 Special Ins Ref ITB#007-03/DC Description / Supplier Item Ordered UM Unit Cost UM Extension Req. Dt This purchase order encumbers funds in the amount of $99,162.39 for the purchase of office furniture, awarded to Baker Office Products on February 27, 2003, in accordance with your response to ITB#007-03/DC, Office Furniture -Annual Pricing. The following are incorporated into and made part of this purchase order by reference: Bid submitted by your firm including the Bid Form, Specifications, and General Conditions of ITB#007-03/DC. Resolution number 2003-R0089'2 CITY OF APPROVED AS TO FORM: Att ey Total Order Terms NET 1ST OF MONTH, PA - 99,162.39 100=o TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 1. 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) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 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 carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 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. 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 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 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. If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. 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 items 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 bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of vitiation of this warranty the 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 full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT, Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished 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 warrants fault -free performance and fault -free result in'ihe processing date and dater -elated 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 be from the effective date of this Contract. Also, the Seller warrants the year2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Seller, at any time, to demonstrate the procedures 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 fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part 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 byway 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 be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the like. If Seller is of the opinion that an infringement or the litre 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 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 right to inspect the goods at delivery before accepting them. 13. CANCELLATION. Buyer shall have the right to cancel for 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. Such right 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 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 MA]EURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this 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. 16. 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 all 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 its advertisement 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 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 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 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 therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, of 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 responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 22. 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 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 invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. 1000250