HomeMy WebLinkAboutOTHER-2024-098-Procurement of Replacement Radio Infrastructure for Fire and EMS Paging and Approval of Budget Amendment #3-A Docusign Envelope ID : A05892FB- E22F4F91D-8892- 114F73CBF1 B7 /
ADDENDUM TO MOTOROLA ' S PROPOSAL DATED 7/19/2024
This Addendum between Motorola Solutions ("Motorola" or "Provider") and Orange County, a
local political subdivision of the State of North Carolina ("County" or " Customer") supplements
the terms set out in the North Carolina State Contract 725G (22437) and the Technical Notes and
Customer Responsibilities set out in Motorola ' s Proposal dated 07/ 19/2024 .
The Addendum and NC State Contract 725G takes precedence over all other conflicting terms
and conditions of the Agreement.
1 . Confidentiality : As per the terns set out in the North Carolina State Contract 725G . All terns of
this agreement and the North Carolina State Contract are subject to North Carolina public records
law, as set out in Chapter 132 of the North Carolina General Statutes .
2 . Revision to Section 15 . 1 Governing Law : This Agreement is governed by the laws of North
Carolina without regard to the conflict of laws rules , provisions or statutes of any jurisdiction .
Motorola and Customer each represent that each party shall comply with all applicable federal,
state and local laws . Provider shall at all times remain in compliance with all applicable local
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state, and federal laws, rules , and regulations including but not limited to all state and federal
anti-discrimination laws , policies, rules , and regulations and the Orange County Non -
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Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated
herein by reference and may be viewed at
c
http : //www. orangecountync . gov/departments/purchasing_division/contracts .php) . Any violation
of this requirement is a breach of the Agreement and County may terminate this Agreement
without further obligation on the part of the County . This paragraph is not intended to limit, and
does not limit, the definition of breach to discrimination. By executing this Agreement, Provider
affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North
Carolina General Statutes . By executing this Agreement, Provider certifies that Provider has not
been identified, and has not utilized the services of any agent or subcontractor, on the list created
by the State Treasurer pursuant to G . S . 147- 86 . 58 . By executing this Agreement Provider certifies
that Provider has not been identified, and has not utilized the services of any agent or
subcontractor identified, on the list created by the State Treasurer pursuant to G. S . 147 . 86 . 81 .
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3 . Agreement Amount . The maximum amount payable under this Agreement for products and
support and maintenance services is Four Hundred Ninety-Four Thousand Three Hundred Dollars
($494, 300 . 00) . This amount shall not be exceeded without duly executed written amendment to
this Agreement. The contract value of $494 , 300 . 00 will be billed with the following
payment terns :
• 25 % of the Contract Price due upon completion of the customer design review
(CDR)
• 60 % of the Contract Price due upon shipment of equipment and receipt by Orange
County
• 10 % of the Contract Price due upon installation of equipment; and
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• 5 % of the Contract Price due upon final acceptance .
Unless tax exempt, customer shall also be liable for taxes associated for the agreement
amount.
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Docusign Envelope ID : A05892FB-MF4F91D -8892A 14F73CBF1 137
4 . Non Appropriation : Provider acknowledges that County is a governmental entity, and the validity
of this Agreement is based upon the availability of public funding under the authority of its
statutory mandate . In the event that public funds are unavailable and not appropriated for the
performance of County ' s obligations under this Agreement, the Customer shall immediately
notify Motorola of such occurrence and this Agreement shall terminate on the last day of the
fiscal year for which the appropriation was made without penalty or expense to the Customer of
any kind whatsoever, except to the extent Motorola has delivered Equipment or performed
Services prior to the last day of the fiscal year for which the appropriation was made, Customer
shall be liable for such Equipment or Services . Notwithstanding the above, the County will pay
the Provider for all conforming services rendered, and equipment or parts provided, up to the date
of termination .
5 . Si ng atures : This Agreement together with any amendments or modifications may be executed
electronically . All electronic signatures affixed hereto evidence the intent of the Parties to comply
with Article I IA and Article 40 of the North Carolina General Statutes Chapter 66 .
ORANGE COUNTY, NC MOTOROLA SOLUTIONS , INC
By By :
Name and Title : ( Name and Title :
Date Date
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Orange County, North Carolina July 19 , 2024
VHF Paging System Upgrades Use or disclosure of this proposal is subject