HomeMy WebLinkAboutContract 55004-R1A1 CSC No. 55004-RlA1
RENEWAL 1 AND AMENDMENT 1 TO CITY OF FORT WORTH CONTRACT 55004
BETWEEN THE CITY OF FORT WORTH AND DIESEL LAPTOPS
This Contract Renewal Agreement (the "Agreement") is made and entered into by and between the City of Fort
Worth, a home-rule municipal corporation of the State of Texas, located within Tarrant, Denton, and Wise
Counties,(hereinafter referred to as the "City"), acting by and through its duly authorized Assistant City Manager,
and Diesel Laptops, a South Carolina corporation, (hereinafter referred to as the "Vendor"), acting by and
through Jennifer Royal,its SVP of Sales, to provide software packages. Each party shall be individual referred to
herein as Party and collectively as Parties.
RECITALS
WHEREAS, on or about December 8, 2020, the City entered into an Agreement with the Vendor to
provide software packages to the Property Management Department, City Secretary Office (CSO) Contract No.
55004 (the "Original Agreement"); and
WHEREAS, the initial term of the Original Agreement was from December 8, 2020 to September 30,
2021 and could be renewed by sole option of the City;
WHEREAS, City wishes to amend the Original Agreement to include the Vendors ability to offer training
to effectively utilize the software packages provided under the Original Agreement;
WHEREAS, Vendor have requested an increase to the total compensation to the Original Agreement in
in an amount not to exceed$50,000 because the City wishes to add training services to the Original Agreement;
WHEREAS,the Parties agree to renew the term of the Original Agreement for the first renewal term to
run from October 1, 2021 through September 30, 2022; and
WHEREAS,the Parties agree to amend the Original Agreement to increase the total compensation to an
amount not to exceed$50,000 and to add training services to the Original Agreement..
NOW THEREFORE City and Vendor do hereby agree to the following:
I.
RENEWAL OF AGREEMENT
I. The Original Agreement, as amended herein, is hereby renewed and extended for a renewal term
commencing on October 1, 2021, and ending on September 30, 2022.
II.
AMENDMENT TO AGREEMENT
The following terms are hereby amended to either replace any conflicting terms in the Original
Agreement or shall be added to the terms and shall be binding and enforceable as if they were originally
included therein and the amended agreement shall be referred to as the Agreement in all future documents.
OFFICIAL RECORD
Renewal 1 and Amendment 1 of CSC 55004, CITY SECRETARY
COFW and Diesel Laptops
FT.WORTH, TX
1. Paragraph 1 of the Original Agreement titled Scope of Services is hereby deleted and replaced with the
following language:
I. Scope of Services. Vendor hereby agrees,with good faith and due diligence,to provide
the City with four(4) Texa Truck& Off-Highway Standard (Level 2) and one (1) Texa Marine Level 1
Annual Renewal support packages which will provide software updates, in addition to, providing the
ability to call Texa for any technical support needs. Furthermore,Vendor will offer Diesel Training
Courses. Specifically,Vendor will perform all duties outline and described in the Statement of Work,
which is attached hereto as Exhibit"A" and incorporated herein for all purposes, and further referred to
herein as the "Services." Vendor shall perform the Services in accordance with standards in the
industry for the same or similar services. In addition, Vendor shall perform the Services in accordance
with all applicable federal, sate, and local laws, rules and regulations. If there is any conflict between
this Agreement and Exhibit A, the terms and conditions of this Agreement shall control.
2. Paragraph 3 of the Original Agreement title Compensation is hereby deleted and replaced with the
following language:
3. Compensation. City shall pay Vendor an amount not to exceed fifty thousand dollars
($50,000) in accordance with the provisions of this Agreement and Exhibit"B", Payment Schedule, which is
attached hereto and incorporated herein for all purposes. For each Renewal Term, the City shall pay the amount
on a quote provided by Vendor which shall then be attached to the City's respective renewal form. Vendor shall
not perform any additional services for City not specified by this Agreement unless City requests and approves
in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor
not specified by this Agreement unless City first approves such expenses in writing. City agrees to pay all
invoices of Vendor within thirty(30) days of receipt of such invoice.
3. Exhibit A of the Original Agreement is hereby deleted and replaced with the Exhibit A that is
attached to this Agreement.
4. Exhibit B of the Original Agreement is hereby deleted and replaced with the Exhibit B that is
attached to this Agreement.
5. Exhibit F titled Sole Source Exemption Form is added to the Agreement.
[SIGNATURE PAGE FOLLOWS]
Renewal 1 and Amendment 1 of CSC 55004, Page 2 of 9
COFW and Diesel Laptops
IN WITNESS WHEREOF,the parties hereto have executed this agreement,to be effective the day the Assistant
City Manager signs this Agreement.
FOR CITY OF FORT WORTH: FOR VENDOR:
Z�Tlf 1�l9�GI�lG�O� Et an on Flvnf
DanaBu doff(o is ia:ascon Brandon Flynt(Oct 11,202109:00 EDT)
Dana Burghdoff Name:
Assistant City Manager Title:
Date: 10/12/2021 Date: 10/11/2021
APPROVAL RECOMMENDED
Stcv_CD,k,(Oct 11.202117709CDT)
Steve Cooke
Property Management Director
Date: ���°��R�°° 'p�
o
APPROVED AS TO FORM AND ATTEST: 00 °_
0 0
°LEGALITY °° o*�d
°O000000o q,
Christopher Austria,Asst. City Attorney Ronald P Gonzales,Acting City Secretary
Date: 10/12/2021 Date: 10/13/2021
Contract Compliance Manager: M&C No.: N/A 1295: N/A
By signing I acknowledge that I am the
person responsible for the monitoring
and administration of this contract,
including ensuring all performance and
reporting requirements.
Alan H.Shuror(Oct 11,202109:56 CDT)
Name: Alan Shuror
Title: Assistant Director, General Services
OFFICIAL RECORD
Renewal 1 and Amendment 1 of CSC 55004, CITY SECRETARY
COFW and Diesel Laptops
FT.WORTH, TX
EXHIBIT A
SCOPE OF WORK
PURPOSE
The City of Fort Worth (CFW) operates a fleet of over 4,000 vehicles and pieces of equipment in support of
various services including Police, Fire, Water, Traffic, Public Works and others. In efforts to maintain and
improve the timeliness of diagnosis and repairs of diesel heavy duty and gasoline light duty vehicles and
equipment,the Property Management Department(PMD), Fleet Division intends to renew the following
software packages to keep the Texa Diesel Laptop's software updated: 4 Texa Truck& Off-Highway Support
Level 2 (Standard).
PMD's Fleet Division,uses the Texa Diesel Laptops to diagnose mechanical issues on vehicles and equipment
owned by the City. The software updates are for the existing Texa Diesel Laptops that Fleet owns.
REQUIREMENTS
The Texa Truck& Off-Highway Standard(Level 2) support package will provide software updates, in addition
to,providing the City the ability to call Texa for any technical support needs.
The package shall include:
• 12 Months of Updates for TEXA Truck& Off-Highway Software
• 12 Months of Updates for DTC Solutions Truck& Off-Highway Edition
• Basic support for connect& software related issues
• Advanced diagnostic support for help with obtaining additional diagnostic troubleshooting, repair
information,wiring diagrams, whatever else is needed to troubleshoot a truck properly
• Advanced Live PC support for connection issues, diagnostics future enhancements
QUANTITIES
The Fleet Division anticipates that a minimum of(4)licenses that will give access to multiple users.
SOFTWARE SUBSCRIPTIONS PER SERVICE CENTER
SERVICE SITE NAME SERVICE SITE ADDRESS LICENSE DETAILS
QUANTITY
James Avenue Service ON/OFF HWY
Center 5021 James Ave, 76115 1
Southside Service Center 4100 Columbus Trail, 76133 1 ON/OFF HWY
Water Service Center 2222 W Daggett Ave, 76102 1 ON/OFF HWY
North Service Center 317 Hillshire Dr., 76131 1 ON/OFF
HWY/MARINE
The quantities listed are only estimates based on previous usage and do not indicate intent to purchase or a
guarantee of future business. The City is obligated to pay for only services actually ordered by an authorized
Renewal 1 and Amendment 1 of CSC 55004, Page 4 of 9
COFW and Diesel Laptops
City employee providing a purchase order number and a release number and then received as required and
accepted by the City.
TRAINING
Diesel Laptops Full Day In-person courses shall begin at 8:00 a.m.
Diesel Laptops Half Day In-person courses shall begin at 1:00 p.m.
All participants shall wear closed toe shoes during entire training.
Webinars shall be led by on-line expert trainers for a duration of two (2)hour or four(4)hour sessions,
depending on the scheduled webinar.
Texa Diesel Laptops Field Training, IDFLDTRNG
Trainer shall provide an in-depth view of the TEXA IDC5 software to participants including how to navigate
the software, check codes,run commands, and change parameters. Trainer shall also instruct participants on
how to use the Diesel Laptops' exclusive software to find repair information and ways to best utilize the Diesel
Laptops technical support team.
Cojali Diesel Laptops Field Training„ 1DFLDTRNG
Trainer shall provide an in-depth view of the Cojali Jaltest software including how to navigate the software,
check codes, run commands, and change parameters to participants. Trainer shall also instruct participants on
how to use the Diesel Laptops' exclusive software to find repair information and ways to best utilize the Diesel
Laptops technical support team.
Electrical Diagnostics 1, DL-TRAIN-ELCDAL
Trainer shall provide an overview of the fundamentals of electrical flow to in-person participants. Trainer shall
teach the necessary skills used by technicians to diagnose the most common wiring and electrical issues.
Topics Covered by Trainer:
■ Trainer shall instruct participants on how electricity works and how to identify and use it to perform
functions
■ Trainer shall instruct participants on what voltage, amperage, and resistance are and how to quantize
and use them to correctly perform their diagnostic procedures
■ Trainer shall instruct participants on how to properly use a multimeter to test the most common
functions of electricity
■ Trainer shall instruct participants on how to perform amperage draws,voltage drops, and continuity
tests with a multimeter
■ Trainer shall instruct participants on the difference between parallel and series circuits and how that
affects troubleshooting sensors and wiring
■ Trainer shall instruct participants on Ohm's Law and the relationship between voltage,
amperage, and resistance
■ Trainer shall instruct participants on the difference between open circuits and short circuits and how
to diagnose them quickly and efficiently
Renewal 1 and Amendment 1 of CSC 55004, Page 5 of 9
COFW and Diesel Laptops
■ Trainer shall instruct participants on the limitations of multimeters and how to supplement by using
load testing techniques to give accurate information
Aftertreatment Operation and Diagnosis, DL-TRAINAFTDAL
Trainer shall provide in-person participants with the ability to learn the operation, components and diagnostic
procedures related to the regeneration and SCR systems.
Topics Covered by Trainer:
■ Trainer shall instruct participants on the Regeneration System Operation and Diagnostics:
■ Trainer shall instruct participants on Engine controls that regulate the DOC inlet temperature during
regeneration
■ Trainer shall instruct participants on how to spot low temperature issues during regeneration
■ Trainer shall instruct participants on how to clean DPFs and DOCs and inspect them for replacement
when removed
■ Trainer shall instruct participants on the SCR System Operation and Diagnostics:
■ Trainer shall instruct participants on what diesel exhaust fluid (DEF) is and the importance of
verifying concentration with a refractometer
■ Trainer shall instruct participants on the DEF system operations including pumps, tanks, lines, tank
and line heaters, decomp tube, and dosers
■ Trainer shall instruct participants on the particulate matter sensor function and operation
■ Trainer shall instruct participants on how to address aftertreatment and SCR derates, including what
they mean and how certain manufacturers require you to clear them.
■ Trainer shall instruct participants on the actuators Affecting Aftertreatment:
■ Trainer shall instruct participants on the turbocharger and related components (How low boost can
cause regeneration issues)
■ Trainer shall instruct participants on the EGR valve and related components (How EGR function can
cause regeneration issues)
■ Trainer shall instruct participants on the fuel systems and related components (How fuel-related
issues can cause regeneration issues)
■ Trainer shall instruct participants on how low power, oil consumption, smoke, and cylinder
performance affect aftertreatment
Hydraulic System Fundamentals and Repair Class, DL-TRAINHYDI
Trainer shall provide in-person participants with instruction on the fundamentals and repair of hydraulic
systems.
Cummins Aftertreatment Virtual Class, VT-AFT-CUM
Trainer shall provide brand-specific webinar training to on-line participants.
Webinars shall include four(4) hours of more in-depth OEM-specific trainings:
■ Webinar shall include training on Cummins Aft systems.
■ Webinar shall include training on Cummins Common Rail Fuel Systems.
■ Software Training Webinars shall provide participants with two (2)hours of OEM software specific
training.
Renewal 1 and Amendment 1 of CSC 55004, Page 6 of 9
COFW and Diesel Laptops
Aftertreatment Webinar Re eg n Diagnostics, DL-AFTI-WEB
Trainer shall provide on-line participants with instruction on Aftertreatment regen diagnostics.
TRAINING LOCATIONS
The City and Diesel Laptops staff shall mutually agree, in writing, as to the location of scheduled in person
training. The following locations shall be utilized for training purposes,including but not limited to:
Location Name Address City, State Zip
James Avenue Service Center, 5021 James Ave. Fort Worth, TX 76115
Training Room
Diesel Laptops Training Center 2001 E. Randol Mill Rd, Arlington, TX 76011
Suite 133
PRICES
Unit prices shall include all associated costs,not limited to delivery, fuel and handling charges. No additional
charges will be accepted or paid by the City.
Renewal 1 and Amendment 1 of CSC 55004, Page 7 of 9
COFW and Diesel Laptops
]KDIE5ELDiesel Laptops LLC
7440 broad river rd Preliminary Invoice
irmo, SC 29063 Quote Number: 015797
(888)983-1975
sales@diesellaptops.com
CUSTOMER I II IIII IIII IIIIII I I I
City of Fort Worth
BILL TO CONTACT SHIP TO CONTACT
Brad Hunter Brad Hunter
BILL TO ADDRESS SHIP TO ADDRESS
200 Texas St 200 Texas St
Fort Worth, TX 76102-6314 USA Fort Worth, TX 76102-6314 USA
Memo:
Qty(4)$100 Level 3 renewal discount for current customer
Customer PO# Payment Terms Shipping Terms Shipment Sales Rep FOB Point
UPS Ground Brandon Flynt
Line Part Number Part Name Ordered Unit Price Total Price
1 1DFLDTRNG Diesel Laptops Field Training Package For 1 ea $3,495.00 $3,495.00
TEXA/Cojali
2 DL-TRAIN-ELC- Electrical 1 In Person Class Dallas TX 2 ea $499.00 $998.00
DAL
3 DL-TRAIN- Aftertreatment In Person Class Dallas TX 3 ea $499.00 $1,497.00
AFTDAL
4 VT-AFT-CUM Cummins Aftertreatment Virtual Class 4 ea $449.00 $1,796.00
5 DL-AFT1-WEB Aftertreatment Webinar Regen Diagnostics 4 ea $150.00 $600.00
6 DL-TRAINHYD1 In-Person Hydraulic System Fundamentals and 3 ea $499.00 $1,497.00
Repair Class
7 TEXA-TRUCK- TEXA Truck&OHW Annual Support-Level 3 4 ea $1,790.00 $7,160.00
OHW-LEV3 (Premium)
Subtotal: $17,043.00
Discounts: ($400.00)
Tax:
Total: $16,643.00
October 08,2021
wr w auu Liesei r.apwps
EXHIBIT F
PAGES TO FOLLOW
Renewal 1 and Amendment 1 of CSC 55004, Page 9 of 9
COM and Diesel Laptops
FORT WORTH
CITY OF FORT WORTH
CHAPTER 252 EXEMPTION FORM
Instructions: Fill out the entire form with detailed information. Once you have completed this form,
provide it to the Purchasing attorney for review. The attorney will review the information you have
provided to determine whether an exemption to Chapter 252's biding requirements is defensible.
If you are printing this form to provide to Legal,please do not provide the Primer portion. Failure
to provide sufficient information may result in follow up questions and cause a delay in the
attorney's determination.
Section 1: General Information
Requesting Department: Property Management Department—Fleet Division
Name of Contract Manager: Chris Means
Department's Attorney: Chris Austria
Item or Service sought:
Goods: ❑
Service: ❑
Anticipated Amount: $9,883.00 Employee Training
Vendor: Diesel Laptops LLC
Current/Prior Agreement for item/service: Yes ® No ❑
CSC or Purchase Order 9: CSCO 55004 Software & Services
Amount: $15,000.00
Projected M&C Date: N/A
How will this item or service be used? The TEXA Diesel Laptops Diagnostic System,
which fleet has procured, is utilized for diagnosis all ll aspects on Medium and Heavy—D
vehicles, equipment, and components. The necessary purchase of Staff Training will benefit each
employee by allowing the instructor to demonstrate how to best utilize the system in order to
optimize the output of all included features of the system, in turn, resulting in more timely,
efficient repairs.
Page 1 of 7
Has your department started a requisition or otherwise contacted the Purchasing Division related
to obtaining this good/service? Yes ❑ No FI
If yes,please provide requisition number or brief explanation of contact with
Purchasing Division:
Section 2: Claimed Exemption and Justification (Other than sole source)
NOTE- For a claimed sole-source exemption, complete Section 3.
Please indicate the non-sole-source exemption you believe applies to the purchase and provide
information to support its applicability. Please refer to the Exemption Primer for detailed
information about common exemptions:
n A procurement necessary to preserve or protect the public health or safety of the City
of Fort Worth's residents;
❑ A procurement necessary because of unforeseen damage to public machinery,
equipment, or other property;
n A procurement for personal, professional, or planning services;
n A procurement for work that is performed and paid for by the day as the work
progresses;
n A purchase of land or a right-of-way;
n Paving drainage, street widening, and other public improvements, or related matters, if
at least one-third of the cost is to be paid by or through special assessments levied on
property that will benefit from the improvements;
n A public improvement project, already in progress, authorized by the voters of the
municipality, for which there is a deficiency of funds for completing the project in
accordance with the plans and purposes authorized by the voters;
n A payment under a contract by which a developer participates in the construction of a
public improvement as provided by Subchapter C, Chapter 212;
n Personal property sold:
• at an auction by a state licensed auctioneer;
• at a going out of business sale held in compliance with Subchapter F,
Chapter 17, Business & Commerce Code;
• by a political subdivision of this state, a state agency of this state, or an
entity of the federal government; or
Page 2 of 7
• under an interlocal contract for cooperative purchasing administered by a
regional planning commission established under Chapter 391;
n Services performed by blind or severely disabled persons;
n Goods purchased by a municipality for subsequent retail sale by the municipality;
n Electricity; or
n Advertising, other than legal notices.
Please provide details and facts to explain why you believe the exemption applies to the
purchase. You may also attach documentation to this form.[INSERT DETAILED
EXPLANATION AS TO HOW/WHY CLAIMED EXCEPTION APPLIES TO THIS
PURCHASE]
Section 3: Claimed Sole-Source Exemption and Justification
NOTE - For any non-sole-source exemption, complete Section 2.
Please indicate the sole-source exemption you believe applies to the purchase and provide
information to support its applicability. Please refer to the Exemption Primer for detailed
information about common exemptions
*A procurement of items that are available from only one source, including:
• items that are available from only one source because of patents,copyrights,
secret processes, or natural monopolies;
• films,manuscripts, or books;
• gas, water, and other utility services;
• captive replacement parts or components for equipment;
• books, papers, and other library materials for a public library that are
available only from the persons holding exclusive distribution rights to the
materials; and
• management services provided by a nonprofit organization to a municipal
museum,park, zoo, or other facility to which the organization has provided
significant financial or other benefits;
How did you determine that the item or service is only available from one source?
Staff trainingis s unique to the TEXA software and only an authorized representative of Diesel
Laptops can demonstrate or train on the proper use of the system. Our current Diesel laptops are
specifically designed for TEXA software, which takes place of multiple systems and collaborates
Page 3 of 7
into one. TEXA is a proprietary_platform diagnostic software for multiple vehicles, it involves
electronic diagnostics, diagrams, repair procedures, functionali . and preventive maintenance
emission required procedures and is a standalone system that does not utilize any internal I.T.
acquired infrastructure.
Attach screenshots and provide an explanation of any independent research you conducted,
through internet searches, searching cooperatives, or discussions with others knowledgeable on
the subject matter that corroborate that the item is available only from a single source.
In researching the diagnostic kit, the TEXA IDC5 kit for The Diesel Laptops All Makes Dealer
Level Diagnostic Kit was developed and is exclusively for Diesel Laptops. Although there are
other distributors, none can provide all of the following needs of Fleet:
OTC Solutions Truck Edition - Fault Code Troubleshooting Software
OTC Solutions Off-Highway Edition - Fault Code Troubleshooting Software for OHW
equipment. Diesel Laptops Knowledge Base - OEM SeNice Manual Troubleshooting and Repair
Information
Repair.diesellaptops.com - Troubleshooting and Repair Information That Can Be Utilized on
Any Device Connected to The Internet
Labor Time Guide
HD VIN Decoder
Parts.diesellaptops.com - Find quality parts in a fraction of the time.
The Kit is delivered as a "plug and play"product. All software is installed on a refurbished
Panasonic CF31 Military Grade Toughbook, licensed and configured, making the "Kit" ready to
go out of the box.
Diesel Laptops is the only provider to offer a 30-day 100% satisfaction moneyguarantee on
all "Kits", even where software has been licensed to the end user.
Did you attach a sole source justification letter? ® Yes ❑ No
Describe the uniqueness of the item or service (e.g. compatibility or patent issues, etc.). TEXA
system offers the most full level access to a wide variety of Manufacturers " all in one system"
for diagnosis, paramteter adjustments, special functioanlity tests, emission system montioring
and repair. Training provided by TEXA is focused on efficiency "One Stop" for all Engine,
Transmission,ABS, Traction control, Emission montioting data capturing and trouble fault trees.
Section 4: Attorney Determination
With the facts provided by the department, is the use of the claimed exemption defensible if the
City were to be challenged on this purchase? M Yes n No.
Was there anything attached to this form that was relied on in making this determination?
Page 4 of 7
Yes n No.
If yes,please explain:Vendor sole source letter concerning training and software package
exclusively offered by vendor.
Was there anything not included on this form or attached hereto that was relied on in making this
determination? n Yes M No.
If yes,please explain:[EXPLAIN OUTSIDE SOURCE OF INFORMATION]
Will the standard terms and conditions apply? M Yes n No.
Will the contract require special terms? n Yes M No.
Will the contract require review by the department attorney? M Yes n No.
Approved By:
Date: 9.28.21
T or Paris /Jessika Williams
Assistant City Attorney
Page 5 of 7
EXEMPTION FORM PRIMER
Below are explanations and examples of common exemptions that could apply to City purchases.
If you have questions about the information provided or need additional information, please
contact your department's assigned attorney or the appropriate purchasing attorney.
1. A procurement necessary to preserve or protect the public health or safety of the
municipality's residents;
Examples of activities that have been found to fall within this exception include ambulance
services; solid waste collection and disposal; and first-responder safety equipment such as
breathing apparatus for firefighters and bullet-proof vests for police officers.
2. A procurement necessary because of unforeseen damage to public machinery, equipment,
or other property;
Examples of this type of procurement would include repairing or replacing roofs and
windows damaged by hail or a tornado. But parts and services for routine maintenance or
replacement of old, worn out roofs or windows would not meet this exception.
3. A procurement for personal,professional, or planning services;
Personal services are ones that are unique to the individual providing them. Therefore
personal services contract cannot generally be subcontracted or assigned.
Professional services are not defined under Chapter 252, so there is no precise definition
to follow. There is no universal definition of this term, however, "several cases suggest
that it... is `predominately mental or intellectual, rather than physical or manual."' Tex.
Atty Gen Op. JM-940 (1988) (quoting Maryland Casualty Co. v. Cray Water Co., 160
S.W. 2d 102 (Tex. Civ. App.—Eastland 1942, no writ). The Texas Attorney General has
also opined that "professional services" no longer includes only the services of lawyers,
physicians, or theologians, but also those members of disciplines requiring special
knowledge or attainment and a high order of learning, skill, and intelligence. Id.
Facts needed to support a professional service exemption include the specialized
requirements of that profession and the mental and intellectual skill required by the person
while performing the service. Purchases of goods are not professional services.
4. A procurement of items that are available from only one source.
This exemption is commonly referred to as the sole source exemption. In determining
whether a purchase is of a good or service that is available from one source, you should
not consider price or time to receive the good or service.A sole source does not exist solely
on the basis of personal or departmental preference or a desire to keep all units the same
brand or make. The information needed to support this exemption is that no other provider
Page 6 of 7
can provide the service or category of good except for the vendor you are proposing. Some
examples of sole source purchases include service agreements when only one vendor is
authorized to work on the equipment by the manufacturer and allowing another vendor
would void the warranty; purchase of a good that is copyrighted or trademarked and only
provided by one vendor.
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