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Agenda - 11-07-2024; 8-n - Service Agreement for Public Safety Communications Radio System and Approval of Budget Amendment #2-F
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Agenda - 11-07-2024; 8-n - Service Agreement for Public Safety Communications Radio System and Approval of Budget Amendment #2-F
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BOCC
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11/7/2024
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Business
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Agenda
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8-n
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111 <br /> ADDENDUM TO SERVICE AGREEMENT USC000003396 <br /> This Addendum between Motorola Solutions ("Motorola"or"Provider")and Orange County, a <br /> local political subdivision of the State of North Carolina("County"or"Customer") supplements <br /> the terms set out in the North Carolina State Contract 725G(22437)and the Service Agreement <br /> (USC USC000003396) dated 07012024. The Addendum takes precedence over all other conflicting <br /> terms and conditions of the Agreement. <br /> 1. Confidentiality:As per the terms set out in the North Carolina State Contract 725G(22437).All <br /> terms of this agreement and the North Carolina State Contract are subject to North Carolina <br /> public records law, as set out in Chapter 132 of the North Carolina General Statutes. <br /> 2. Revision to Section 15.1 Governing Law: This Agreement is governed by the laws of North <br /> Carolina without regard to the conflict of laws rules,provisions or statutes of any jurisdiction. <br /> Motorola and Customer each represent that each party shall comply with all applicable federal, <br /> state, and local laws.Provider shall at all times remain in compliance with all applicable local, <br /> state, and federal laws,rules, and regulations including but not limited to all state and federal <br /> anti-discrimination laws,policies,rules, and regulations and the Orange County <br /> NonDiscrimination Policy and Orange County Living Wage Policy(each policy is incorporated <br /> herein by reference and may be viewed at <br /> http://www.orangecountync.gov/departments/purchasing_division/contracts.php).Any violation <br /> of this requirement is a breach of the Agreement and County may terminate this Agreement <br /> without further obligation on the part of the County. This paragraph is not intended to limit, and <br /> does not limit,the definition of breach to discrimination.By executing this Agreement,Provider <br /> affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North <br /> Carolina General Statutes. By executing this Agreement,Provider certifies that Provider has not <br /> been identified, and has not utilized the services of any agent or subcontractor, on the list created <br /> by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies <br /> that Provider has not been identified, and has not utilized the services of any agent or <br /> subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. <br /> 3. Agreement Amount. The maximum amount payable under this Agreement for products and <br /> support and maintenance services is Seven hundred fifty-two thousand, four hundred sixty-five <br /> dollars and forty-five cents($752,465.45).This amount shall not be exceeded without duly <br /> executed written amendment to this Agreement. <br /> 4. Non Appropriation: Provider acknowledges that County is a governmental entity,and the validity <br /> of this Agreement is based upon the availability of public funding under the authority of its <br /> statutory mandate. In the event that public funds are unavailable and not appropriated for the <br /> performance of County's obligations under this Agreement,then this Agreement shall <br /> automatically expire without penalty to the County immediately upon written notice to Provider <br /> of the unavailability and non-appropriation of public funds.Notwithstanding the above,the <br /> County will pay the Provider for all conforming services rendered, and equipment or parts <br /> provided,up to the date of termination. <br /> 1 <br />
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