HomeMy WebLinkAboutContract 57578 CSC No.57578
MOTO OLA SOLUTIONS SERVICE AGREEMENT
500 W Monroe Street Quote Number : FW05052022
Chicago, IL. 60661 Contract Number: FWRP05052022
(888) 325-9336
Service Terms and Conditions
Motorola Solutions Inc.("Motorola")and the customer named in this Agreement("Customer")hereby agree as follows:
Section 1.APPLICABILITY
These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either(1)maintenance,support,or
other services under a Motorola Service Agreement,or(2)installation services under a Motorola Installation Agreement.
Section 2.DEFINITIONS AND INTERPRETATION
2.1 "Agreement"means these Maintenance Service Terms and Conditions;the cover page for the Service Agreement or the Installation Agreement,as
applicable;and any other attachments,all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities,
these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments,
unless the cover page or attachment states otherwise.
2.2 "Equipment"means the equipment that is specified in the attachments or is subsequently added to this Agreement.
2.3 "Services"means those installation,maintenance,support,training,and other services described in this Agreement.
Section 3.ACCEPTANCE
Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement.This Agreement becomes
binding only when accepted in writing by Motorola. The term of this Agreement begins on the"Start Date"indicated in this Agreement.
Section 4.SCOPE OF SERVICES
4.1 Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement.
At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for the services.
4.2 If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used;the Equipment will be serviced at levels set forth
in the manufacturer's product manuals;and routine service procedures that are prescribed by Motorola will be followed
4.3 If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment,the additional equipment
may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires.
4.4 All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement.Upon reasonable request by
Motorola,Customer will provide a complete serial and model number list of the Equipment.Customer must promptly notify Motorola in writing when any
Equipment is lost,damaged,stolen or taken out of service.Customer's obligation to pay Service fees for this Equipment will terminate at the end of the
month in which Motorola receives the written notice.
4.5 Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments.
4.6 If Equipment cannot, in Motorola's reasonable opinion,be properly or economically serviced for any reason, Motorola may modify the scope of
Services related to that Equipment; remove that Equipment from the Agreement;or increase the price to Service that Equipment.
4.7 Customer must promptly notify Motorola of any Equipment failure.Motorola will respond to Customer's notification in a manner consistent with the
level of Service purchased as indicated in this.
Section 5.EXCLUDED SERVICES
5.1 Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal,customary,
intended,and authorized manner;use not in compliance with applicable industry standards;excessive wear and tear;or accident,liquids,power surges,
neglect,acts of God or other force majeure events.
5.2 Unless specifically included in this Agreement,Service excludes items that are consumed in the normal operation of the Equipment,such as batteries
or magnetic tapes.; upgrading or reprogramming Equipment;accessories, belt clips, battery chargers,custom or special products,modified units,or
software; and repair or maintenance of any transmission line,antenna, microwave equipment,tower or tower lighting,duplexer,combiner,or multicoupler.
Motorola has no obligations for any transmission medium,such as telephone lines,computer networks,the internet or the worldwide web, or for Equipment
malfunction caused by the transmission medium.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
0 MOTO OLA SOLUTIONS SERVICE AGREEMENT
500 W Monroe Street Quote Number : FW05052022
Chicago, IL. 60661 Contract Number: FWRP05052022
(888) 325-9336
Section 6.TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide
Motorola,at no charge, a non-hazardous work environment with adequate shelter, heat, light,and power and with full and free access to the Equipment.
Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement.Customer will provide all information pertaining to
the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services.Unless otherwise
stated in this Agreement,the hours of Service will be 8:30 a.m.to 4:30 p.m.,local time,excluding weekends and holidays.Unless otherwise stated in this
Agreement,the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or
expenses are reasonably incurred by Motorola in rendering the Services,Customer agrees to reimburse Motorola for those charges and expenses.
Section 7.CUSTOMER CONTACT
Customer will provide Motorola with designated points of contact(list of names and phone numbers)that will be available twenty-four(24)hours per day,
seven(7)days per week,and an escalation procedure to enable Customer's personnel to maintain contact, as needed,with Motorola.
Section 8.INVOICING AND PAYMENT
8.1 Customer affirms that a purchase order or notice to proceed is not required for the duration of this service contract and will appropriate funds each
year through the contract end date.Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each
payment period.All other charges will be billed monthly,and Customer must pay each invoice in U.S.dollars within twenty(20)days of the invoice date
8.2 Customer will reimburse Motorola for all property taxes,sales and use taxes,excise taxes,and other taxes or assessments that are levied as a result
of Services rendered under this Agreement(except income, profit,and franchise taxes of Motorola)by any governmental entity.The Customer will pay all
invoices as received from Motorola.At the time of execution of this Agreement,the Customer will provide all necessary reference information to include on
invoices for payment in accordance with this Agreement.
8.3 For multi-year service agreements,at the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall
be performed using the U.S.Department of Labor,Consumer Price Index,all Items, Unadjusted Urban Areas(CPI-U).Should the annual inflation rate
increase greater than 3%during the previous year,Motorola shall have the right to increase all future maintenance prices by the CPI increase amount
exceeding 3%.All items, not seasonally adjusted shall be used as the measure of CPI for this price adjustment.Measurement will take place once the
annual average for the new year has been posted by the Bureau of Labor Statistics.For purposes of illustration, if in year 5 the CPI reported an increase of
8%, Motorola may increase the Year 6 price by 5%(8%-3%base).
Section 9.WARRANTY
Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety(90)days from the date
the performance of the Services are completed. In the event of a breach of this warranty,Customer's sole remedy is to require Motorola to re-perform the
non-conforming Service or to refund,on a pro-rata basis,the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
Section 10.DEFAULT/TERMINATION
10.1 If either party defaults in the performance of this Agreement,the other party will give to the non-performing party a written and detailed notice of the
default.The non-performing party will have thirty(30)days thereafter to provide a written plan to cure the default that is acceptable to the other party and
begin implementing the cure plan immediately after plan approval.If the non-performing party fails to provide or implement the cure plan,then the injured
party,in addition to any other rights available to it under law,may immediately terminate this Agreement effective upon giving a written notice of termination
to the defaulting party.
10.2 Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement,including payments which
may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of
this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services.
10.3 If the Customer terminates this Agreement before the end of the Term,for any reason other than Motorola default,then the Customer will pay to
Motorola an early termination fee equal to the discount applied to the last three(3)years of Service payments for the original Term.
Section 11.LIMITATION OF LIABILITY
Except for personal injury or death,Motorola's total liability,whether for breach of contract,warranty,negligence,strict liability in tort,or otherwise,will be
limited to the direct damages recoverable under law, but not to exceed the price of twelve(12)months of Service provided under this Agreement.
0 MOTOROLA SOLUTIONS SERVICE AGREEMENT
500 W Monroe Street Quote Number : FW05052022
Chicago, IL. 60661 Contract Number: FWRP05052022
(888) 325-9336
ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES,THEY AGREE THAT MOTOROLA WILL NOT BE
LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE,TIME, DATA,GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR
OTHER SPECIAL,INCIDENTAL,INDIRECT,OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR
THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT.No action for contract breach or otherwise relating to the
transactions contemplated by this Agreement may be brought more than one(1)year after the accrual of the cause of action,except for money due upon an
open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision.
Section 12.EXCLUSIVE TERMS AND CONDITIONS
12.1 This Agreement supersedes all prior and concurrent agreements and understandings between the parties,whether written or oral, related to the
Services,and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein.The
Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties.
12.2 Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement,however, an omission of the reference
to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order,
acknowledgement, or other writings unless:the purchase order,acknowledgement,or other writing specifically refers to this Agreement;clearly indicate the
intention of both parties to override and modify this Agreement;and the purchase order, acknowledgement,or other writing is signed by authorized
representatives of both parties.
Section 13.PROPRIETARY INFORMATION;CONFIDENTIALITY;INTELLECTUAL PROPERTY RIGHTS
13.1 Any information or data in the form of specifications,drawings, reprints,technical information or otherwise furnished to Customer under this
Agreement will remain Motorola's property,will be deemed proprietary,will be kept confidential,and will be promptly returned at Motorola's request.
Customer may not disclose,without Motorola's written permission or as required by law, any confidential information or data to any person,or use
confidential information or data for any purpose other than performing its obligations under this Agreement.The obligations set forth in this Section survive
the expiration or termination of this Agreement.
13.2 Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be
deemed secret or confidential.Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost
and pricing data.
13.3 This Agreement does not grant directly or by implication,estoppel,or otherwise,any ownership right or license under any Motorola patent,copyright,
trade secret,or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed
under this Agreement.
Section 14.FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal,
state,or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its
employees is an agent or representative of Customer in any governmental matters.
Section 15.COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two(2)years thereafter,Customer will not hire,engage on contract,solicit the employment
of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola.This
provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this
provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law.
Section 16.MATERIALS,TOOLS AND EQUIPMENT
All tools,equipment,dies,gauges,models,drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and
remain the sole property of Motorola.Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage
to this property, and return it to Motorola upon request.This property will be held by Customer for Motorola's use without charge and may be removed from
Customer's premises by Motorola at any time without restriction.
Section 17.GENERAL TERMS
17.1 If any court renders any portion of this Agreement unenforceable,the remaining terms will continue in full force and effect.
17.2 This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are
performed.
17.3 Failure to exercise any right will not operate as a waiver of that right,power,or privilege.
0 MOTO OLA SOLUTIONS SERVICE AGREEMENT
500 W Monroe Street Quote Number : FW05052022
Chicago, IL. 60661 Contract Number: FWRP05052022
(888) 325-9336
17.4 Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control,such as strikes,
material shortages,or acts of God.
17.5 Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement.
17.6 Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of
the other Party,which consent will not be unreasonably withheld.Any attempted assignment,delegation, or transfer without the necessary consent will be
void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of
Customer.In addition, in the event Motorola separates one or more of its businesses(each a"Separated Business"),whether by way of a sale,
establishment of a joint venture,spin-off or otherwise(each a"Separation Event"), Motorola may,without the prior written consent of the other Party and at
no additional cost to Motorola,assign this Agreement such that it will continue to benefit the Separated Business and its affiliates(and Motorola and its
affiliates,to the extent applicable)following the Separation Event.
17.7 THIS AGREEMENT WILL RENEW,FOR AN ADDITIONAL ONE(1)YEAR TERM,ON EVERY ANNIVERSARY OF THE START DATE UNLESS
EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION
TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY(30)DAYS OF THAT ANNIVERSARY DATE.At the anniversary date, Motorola may
adjust the price of the Services to reflect its current rates.
17.8 If Motorola provides Services after the termination or expiration of this Agreement,the terms and conditions in effect at the time of the termination or
expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates.
17.9 This Agreement may be executed in one or more counterparts,all of which shall be considered part of the Agreement.The parties may execute this
Agreement in writing, or by electronic signature,and any such electronic signature shall have the same legal effect as a handwritten signature for the
purposes of validity,enforceability and admissibility. In addition,an electronic signature,a true and correct facsimile copy or computer image of this
Agreement shall be treated as and shall have the same effect as an original signed copy of this document.
Revised June 16,2018
ADDENDUM TO MOTOROLA SOLUTIONS SERVICE AGREEMENT
BETWEEN
THE CITY OF FORT WORTH
AND
MOTOROLA SOLUTIONS, INC.
This Addendum to Motorola Solutions Service Agreement ("Addendum") is entered into
by and between Motorola Solutions, Inc. ("Vendor") and the City of Fort Worth ("City"),
collectively the "parties."
The Contract documents shall include the following:
1. Motorola Solutions Service Agreement; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached Motorola Solutions Service
Agreement (collectively referred to herein as the "Agreement"), the parties stipulate by evidence
of execution of this Addendum below by a representative of each party duly authorized to bind the
parties hereto, that the parties hereby agree that the provisions in this Addendum below shall be
applicable to the Agreement as follows:
1. Term. The Agreement shall commence upon the date signed by the Assistant City
Manager below ("Effective Date") and shall expire no later than twelve (12) months after the
"Effective Date" ("Expiration Date"), unless terminated earlier in accordance with the provisions
of this Agreement or otherwise extended by the parties. This Agreement may be renewed for five
(5) one-year renewal periods if agreed upon by the parties. The City shall provide Vendor with
written notice of its intent to renew at least thirty (30) days prior to the end of each term.
2. Termination.
a. Breach. If either party commits a material breach of the Agreement,the non-
breaching Party must give written notice to the breaching party that describes the breach
in reasonable detail. The breaching party must cure the breach thirty (30) calendar days
after receipt of notice from the non-breaching party, or other time frame as agreed to by
the parties. If the breaching party fails to cure the breach within the stated period of time,
the non-breaching party may, in its sole discretion, and without prejudice to any other right
under the Agreement, law, or equity, immediately terminate the Agreement by giving
written notice to the breaching party.
b. Fiscal Funding. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and the Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to the City of any kind whatsoever,except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
City may terminate any Purchase Order if funds sufficient to pay its obligations under the
Agreement are not appropriated by the applicable state legislature, federal government or other
Addendum Page 1 of 7
appropriate government entity or received from an intended third-party funding source. If the City
has accepted delivery of any products or services performed through the date of termination, the
City is obligated to pay for the products or services.
C. Duties and Obligations of the Parties. In the event that the Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually
rendered up to the effective date of termination and Vendor shall continue to provide City
with services requested by City and in accordance with the Agreement up to the effective
date of termination. Upon termination of the Agreement for any reason, Vendor shall
provide City with copies of all completed or partially completed documents prepared under
the Agreement. In the event Vendor has received access to City information or data as a
requirement to perform services hereunder, Vendor shall return all City provided data to
City in a machine readable format or other format deemed acceptable to City.
3. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached
Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties
or liquidated damages in any amount, City objects to these terms and any such terms are hereby
deleted from the Agreement and shall have no force or effect.
4. Law and Venue. The Agreement and the rights and obligations of the parties hereto
shall be governed by, and construed in accordance with the laws of the United States and state of
Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement
shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement
is required to be governed by any state law other than Texas or venue in Tat-rant County, City
objects to such terms and any such terms are hereby deleted from the Agreement and shall have
no force or effect.
5. Linked Terms and Conditions. If the Agreement contains a website link to terms
and conditions,the linked terms and conditions located at that website link as of the effective date
of the Agreement shall be the linked terms and conditions referred to in the Agreement. To the
extent that the linked terms and conditions conflict with any provision of either this Addendum or
the Agreement, the provisions contained within this Addendum and the Agreement shall control.
If any changes are made to the linked terms and conditions after the date of the Agreement, such
changes are hereby deleted and void. Further, if Vendor cannot clearly and sufficiently
demonstrate the exact terms and conditions as of the effective date of the Agreement, all of the
linked terms and conditions are hereby deleted and void.
6. Insurance. The City is a governmental entity under the laws of the state of Texas
and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self-Insurance by
Governmental Units," is self-insured and therefore is not required to purchase insurance. To the
extent the Agreement requires City to purchase insurance, City objects to any such provision, the
parties agree that any such requirement shall be null and void and is hereby deleted from the
Agreement and shall have no force or effect. City will provide a letter of self-insured status as
requested by Vendor.
Addendum Page 2 of 7
7. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign
immunity. To the extent the Agreement requires City to waive its rights or immunities as a
government entity; such provisions are hereby deleted and shall have no force or effect.
8. Limitation of Liability and Indemnity.
To the extent the Agreement, in any way, limits the liability of Vendor or requires
City to indemnify or hold Vendor or any third party harmless from damages of any kind or
character, City objects to these terms and any such terms are hereby deleted from the Agreement
and shall have no force or effect.
9. No Mandatory Arbitration. To the extent the Agreement requires mandatory
arbitration to resolve conflicts, City objects to these terms and any such terms are hereby deleted
from the Agreement and shall have no force or effect.
10. Insurance. Vendor agrees that insurance coverage provided to City by Vendor is
sufficient for purposes of the Agreement only.
11. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is
understood and agreed that all obligations of City hereunder are subject to the availability of funds.
If such funds are not appropriated or become unavailable, City shall have the right to terminate the
Agreement except for those portions of funds which have been appropriated prior to termination.
12. Public Information. City is a government entity under the laws of the State of Texas
and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. To the extent the Agreement requires that City maintain records in violation of
the Act, City hereby objects to such provisions and such provisions are hereby deleted from the
Agreement and shall have no force or effect. In the event there is a request for information marked
Confidential or Proprietary, City shall promptly notify Vendor. It will be the responsibility of
Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are
sufficient will not be decided by City, but by the Office of the Attorney General of the State of
Texas or by a court of competent jurisdiction.
13. Addendum Controlling. If any provisions of the attached Agreement, conflict with
the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or
ordinance of City, the terms in this Addendum shall control.
14. No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is
for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with
Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with
a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Vendor
certifies that Vendor's signature provides written verification to City that Vendor: (1) does not
boycott Israel; and(2) will not boycott Israel during the term of the Agreement.
Addendum Page 3 of 7
15. Right to Audit. Vendor agrees that City shall,until the expiration of three(3)years
after final payment under the Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Vendor involving transactions relating to the
Agreement. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable
advance notice of intended audits. Notwithstanding the foregoing, Motorola Solutions
acknowledges that the City of Fort Worth has the right to inspect certain Motorola Solutions books
and records for the purpose of verifying performance in accordance with the terms of the contract.
Customer's inspection is limited to the verification of shipment to invoice quantities and shipment
receipts. After Customer provides thirty days' written notice, Customer may send a representative
to a Motorola Solutions facility during normal business hours to conduct such limited review, or
at Customer's request Motorola Solutions will provide copies of the specific documents to
Customer's location for its review. Motorola Solutions books and records provided to Customer
pursuant to this provision shall not be used,duplicated or disclosed to any other third party without
the express written permission of Motorola Solutions. In no circumstances will Motorola Solutions
be required to create or maintain documents not kept in the ordinary course of Motorola Solutions'
business operations,nor will Motorola Solutions be required to disclose any information,including
but not limited to product cost data, which it considers confidential or proprietary to Motorola
Solutions.
16. Prohibition on Boycotting Energy Companies. Vendor acknowledges that in
accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,
R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that
has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City
with a company with 10 or more full-time employees unless the contract contains a written
verification from the company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms "boycott energy company"
and "'company" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2. To the extent that Chapter
2274 of the Government Code is applicable to this Agreement,by signing this Agreement, Vendor
certifies that Contractor's signature provides written verification to the City that Contractor: (1)
does not boycott energy companies; and (2)will not boycott energy companies during the term of
this Agreement.
17. Prohibition on Discrimination Against Firearm and Ammunition Industries.
Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited
from entering into a contract for goods or services that has a value of$100,000 or more that is to
be paid wholly or partly from public funds of the City with a company with 10 or more full-time
employees unless the contract contains a written verification from the company that it: (1) does
not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate during the term of the contract against a
firearm entity or firearm trade association. The terms"discriminate,""firearm entity"and"firearm
trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Addendum Page 4 of 7
Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter
2274 of the Government Code is applicable to this Agreement,by signing this Agreement, Vendor
certifies that Contractor's signature provides written verification to the City that Contractor: (1)
does not have a practice, policy, guidance, or directive that discriminates against a firearm entity
or firearm trade association; and(2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
[signature page follows]
Addendum Page 5 of 7
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
City: Motorola Solutions, Inc.:
YACer�e-YVa� tr
By: Valerie Washington(May 18,2tr22 18:43 CDT) By:
Name: Valerie Washington Name: Casey C. Moore
Title: Assistant City Manager Title: Sr. Account Manager
Date: May 18,2022 Date: May 17, 2022
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
By: ensuring all performance and reporting
Name: Kevin Gunn requirements.
Title: Director, IT Solutions Department
Approved as to Form and Legality: By: -4F��
Name: Alan Girton
Title: Sr. IT Solutions Manager Gaq FORT a
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By: �o g�.�d
Name: Taylor Paris City Secretary: 00 =d 0
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Title: Assistant City Attorney ��'�000 op 4�
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Contract Authorization: By. ette S.Goodall(May 19,202210' CDT)
M&C: N/A Name: Jannette S. Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Addendum Page 6 of 7
Motorola Repair Bank Quote FW05052022
f�! MOTOMOILA SOLUTIONS Ddie.Jan.27,2022
Sales Quotation wo wjMnroe s&w&ChIcago,u 606613181 C]uote#: FVM5052022
Prepared Sy: Casey Moore Phone 017360-0603 Customer#1012858843
PREPARED FOR:Lally Crockett Bill To shipto
COMPANY:City of Fort yahlth,TX Address: Address:
PHONE:017-392-24nl
EMAIL:Ia encacrnckett ortmrsltexasgw
Equipment❑flails and Pricing
abL Modd 6M Description Und Diacouni Price Total Rimer
3 SVCSRBAA 386 TIER4$25,000 REPAIRBANK $ 25,000.00 -$75,ODO.DO
1 SVC SRB 3A 386 TIER3$10,000 REPAIRBANK $ 10 00000 $10,000 00
1 SVCSRB-2A 386 TIER2$5,000 REPAIRBANK 3 5,00000 $5,00000
QUOTE PAGE TOTAL $90 000.00
Quote valid through Iu1705,2022
Addendum Page 7 of 7