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HomeMy WebLinkAboutOTHER-2024-104-Procurement of Public Safety Communications Console Backup Radio Equipment � e Docusign Envelope ID : 5E8BDF61 -7622-4D69 -B99C-8AA458CF606B SECTION 6 CONTRACT INFORMATION i i i i i i ADDENDUM TO MOTOROLA ' S PROPOSAL DATED 10/25/2024 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 Assumptions and Customer Responsibilities set out in Motorola ' s Proposal dated 10/25 /2024 . The Addendum takes precedence over all other conflicting terms and conditions of the Agreement. 1 . Confidentiality : Asper the terms set out in the North Carolina State Contract 725G. All terms 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, state, and federal laws , rules, and regulations including but not limited to all state and federal anti-discrimination laws , policies , rules , j and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage f Policy (each policy is incorporated herein by reference and may be viewed at http6 //www, orangecountync . gov/departments/purchasing_division/contracts .plip) . 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 affunls 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 I. 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 . 3 . Agreement Amount. The maximum amount payable under this Agreement for products and support and maintenance services is Three Hundred Eighty-Eight Dollars and Forty-Nine Cents ($ 345 , 088 . 49) . This amount shall not be exceeded without duly executed written amendment to this Agreement. The contract value of $ 345 , 088 . 49 will be billed with the following payment terms : • 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 • 5 % of the Contract Price due upon final acceptance . Unless tax exempt, customer shall also be liable for taxes associated for the agreement amount . i 25 October 2024 MCC7500 Console System Use or disclosure of this proposal is subject to the restrictions on the cover page. © Motorola Solutions Contract Information 64 Docusign Envelope ID : 5E8BDF61 -7622-4D69-B99C-8AA458CF606B 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 bind 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 . Signatures : 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 11 A and Article 40 of the North Carolina General Statutes Chapter 66 . ORANGE COUNTY, NC MOTOROLA SOLUTIONS , INC BY * B Yo �I i Name and Title : OJW6 I & & no Name and Title : co Date Date I I' i i 25 October 2024 MCC7500 Console System Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Contract Information 6-2