8287 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: BE85D5C3-700E-4D9B-9883-D59957D59834
Radio System Hardware, Products and Services, and
Support Annual Maintenance Renewal Amendment
FILE 8287
Not Applicable
Cori Power
JANUARY 9, 2029
JANUARY 9, 2024
23-2444
1
RENEWAL AMENDMENT TO CONTRACT BETWEEN
CITY OF DENTON, TEXAS AND MOTOROLA SOLUTIONS, INC.
(Contract #8287)
This Renewal Amendment to Contract (Contract 6832) (this Amendment) is entered into between the City of Denton, Texas (City) and Motorola Solutions, Inc. (Supplier).
Background The City and Supplier have previously entered into Contract 6832, as amended (the Agreement).
Initially capitalized terms used but not otherwise defined in this Amendment will have the meanings set forth in the Agreement. The parties desire to amend the Agreement as follows:
1 Effective Date
The terms of this Amendment are effective as of the latest date in the signature block.
2 Contract Term
Section 6, Paragraph F - TERM of Exhibit A of the Agreement will be deleted and replaced in its entirety with the following:
The contract term will be five (5) years, effective from date of award.
The Amendment shall commence upon the issuance of a Notice of Award by the City of
Denton and shall automatically renew each year, from the date of award by City Council. The Supplier’s request to not renew the contract must be submitted in writing to the Purchasing Manager at least 60 days prior to the contract renewal date for each year. At the sole option of the City of Denton, the Contract may be further extended as needed, not to
exceed a total of six (6) months.
3 Fee Schedule
Attachment 1 to this Amendment includes the Annual Fee Schedule. This Attachment 1 shall supersede Pricing Detail within Section 5 of the Agreement.
4 Total Contract Amount
The contract total for the continued services shall not exceed the amount of $11,405,038.
5 Updated HGAC Cooperative Exhibit D of the Agreement will be deleted and replaced in its entirety with Motorola/H-GAC Radio Communications/Emergency Response Equipment Agreement #RA05-21 dated August 1, 2021, as shown in Attachment 2 to this Amendment.
6 Updated contract number
This Amendment constitutes a new agreement beginning on the Effective Date between the parties incorporating, except as amended herein, all the terms and conditions in the Agreement for all intents and purposes. Such Agreement will have contract number 8287.
Confirmation of Agreement
This Amendment (together with all exhibits attached hereto) constitutes the entire agreement
between the parties regarding the matters of this Amendment and supersedes all prior and contemporaneous agreements and understandings regarding the matters of this Amendment. In the event of a conflict between this Amendment and the Agreement as it relates to the
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2
matters of this Amendment, the terms of this Amendment will control. Otherwise, all terms and conditions of the Agreement will remain in full force and effect and likewise apply to this Amendment.
Authorized Signatures:
“CITY”
CITY OF DENTON, TEXAS
“SUPPLIER”
MOTOROLA SOLUTIONS, INC.
By: By:
Name: Name:
Title: Title:
Date: Date:
THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations
and business terms.
__________________________________ SIGNATURE PRINTED NAME
__________________________________
TITLE __________________________________
DEPARTMENT
ATTEST: JESUS SALAZAR, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY BY: _______________________________
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Director, Managed and Support Services
Jessica Pourciau
12/11/2023
Technology Services
Leisha Meine
Chief Technology Officer
01/09/2024
City Manager
Sara Hensley
CHANGE ORDER
Lifecycle Services 001
Change Order No. 001
Date: 07/28/2023
Project Name: City of Denton, Texas Simulcast Cell and Dispatch Upgrade
Customer Name: City of Denton, TX
Service Delivery Manager: TaNeal Jordan
The purpose of this Change Order is to:
Contract # Contract # 6832 Contract Date: 08/21/2018
In accordance with the terms and conditions of the contract identified above between
the City of Denton, TX and Motorola Solutions, Inc., the following changes are approved:
CONTRACT PRICE ADJUSTMENTS
Original Contract Value:
Previous Change Order amounts for Change Order
$7,698,901
$0.00 numbers through
This Change Order:
New Contract Value:
$2,539,227
$10,238,128
COMPLETION DATE ADJUSTMENTS
Original Completion Date:
Current Completion Date prior to this Change Order:
New Completion Date:
06/30/2026
06/30/2026
06/30/2029
Extend Services additional 3 years through 06/30/2029
Attachment 1
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CHANGE ORDER
Lifecycle Services 001
Unless amended above, all other terms and conditions of the Contract shall remain in full force. If there are any inconsistencies between the provisions of this Change Order and the provisions of the Contract, the provisions of this Change Order will prevail. IN WITNESS WHEREOF the parties have executed this Change Order as of the last date signed below.
Motorola Solutions Inc Customer
By: By:
Printed Name: Jessica Pourciau Printed Name:
Title: Director, West Region Services
Title:
Date: Date:
Changes in Equipment: (additions, deletions or modifications) Include attachments if needed
Changes in Services: (additions, deletions or modifications) Include attachments if needed
n/a
Schedule Changes: (describe change or N/A)
Increase from $7,698,901 to $10,238,128
Pricing Changes: (describe change or N/A)
n/a
Customer Responsibilities: (describe change or N/A)
See table below
Payment Schedule for this Change Order:
(describe new payment terms applicable to this change order)
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12/11/2023 01/09/2024
Sara Hensley
City Manager
CHANGE ORDER
Lifecycle Services 001
Reviewed by: TaNeal Jordan Date: 08/08/2023
Motorola Solutions CSM
DocuSign Envelope ID: BE85D5C3-700E-4D9B-9883-D59957D59834
CHANGE ORDER
Lifecycle Services 001
PRICING DETAIL : Post Warranty - Maintenance and System Upgrades Proposed Extension
Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9
Network
Monitoring
$12,618
$13,249
$13,911
$14,607
$15,337
$16,104
$16,909
$17,754
Technical
Support
$9,687
$10,171
$10,679
$11,213
$11,774
$12,363
$12,981
$13,630
Dispatch
Service
$4,104
$4,309
$4,525
$4,751
$4,989
$5,238
$5,500
$5,775
Onsite -
Regular
$81,033
$85,084
$89,339
$93,806
$98,496
$103,421
$108,592
$114,021
Preventative
Maintenance
$13,715
$14,401
$15,121
$15,877
$16,670
$17,504
$18,379
$19,298
Infr Repair with
Advanced
Replacement
$67,896
$71,291
$74,856
$78,599
$82,528
$86,654
$90,987
$95,536
Security
Monitoring
$24,103
$25,308
$26,574
$27,902
$29,298
$30,763
$32,301
$33,916
Remote
Security
Updates
$39,270
$41,234
$43,295
$45,460
$47,733
$50,120
$52,626
$55,257
WAVE (ARUS) $12,489 $13,113 $13,769 $14,458 $15,180 $15,939 $16,736 $17,573
Radio
Management
$72,096
$72,096
$72,096
$72,096
$72,096
$75,701
$79,486
$83,460
Sustem
Upgrade
Agreement
$113,093
$113,262
$113,437
$113,619
$113,804
$119,494
$125,469
$131,742
DocuSign Envelope ID: BE85D5C3-700E-4D9B-9883-D59957D59834
CHANGE ORDER
Lifecycle Services 001
Service
Package
Discount
-$25,862
-$26,081
-$26,293
-$26,497
-$26,693
-$28,265
-$29,678
-$31,162
Total $424,242 $437,437 $451,309 $465,891 $481,212 $505,035 $530,287 $556,802
DocuSign Envelope ID: BE85D5C3-700E-4D9B-9883-D59957D59834
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777
Cooperative Agreement - Contract - Motorola Solutions, Inc. - Public Services - ID: 7290
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MOTOROLA GENERAL PROVISIONS This Master Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Motorola Solutions, Inc., hereinafter referred to as the Contractor, having its principal place of business at 500 West Monroe Street, Chicago, IL 60661. WITNESSETH: WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the
specifications of the Master Agreement; and WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the
Master Agreement; NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto.
ARTICLE 2: APPLICABLE LAWS The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance
therewith.
ARTICLE 3: PUBLIC INFORMATION Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner
by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H-GAC will request such a determination only if Contractor bears all costs for preparation of the submission. H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held
accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process.
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ARTICLE 4: INDEPENDENT CONTRACTOR The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Master Agreement or act of H-GAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant,
or employee of H-GAC, the State of Texas, or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.
ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade.
ARTICLE 6: SUSPENSION AND DEBARMENT Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Pursuant to the Federal Rule above, Respondent certifies that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of
the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous.
ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S
BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below: 1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; 2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; 5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or
unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/prime-subcontracting
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NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises
such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency.
Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as
may be required by any rules, processes, or programs they might have in place. Assistance may include
compliance with reporting requirements, provision of documentation, consideration of Certified/Listed
subcontractors, provision of documented evidence that an active participatory role for a DBE entity was
considered in a procurement transaction, etc.
ARTICLE 8: SCOPE OF SERVICES The services to be performed by the Contractor are outlined in an Attachment to this Agreement.
ARTICLE 9: PERFORMANCE PERIOD This Master Agreement shall be performed during the period which begins 08/01/21 and ends 07/31/23. All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement.
ARTICLE 10: PAYMENT OR FUNDING Payment provisions under this Master Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract.
ARTICLE 11: PAYMENT FOR WORK The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the
goods or completion of the services and submission of the subsequent invoice.
ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer.
ARTICLE 13: REPORTING REQUIREMENTS If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this
Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement.
ARTICLE 14: INSURANCE Contractor shall maintain insurance coverage for work performed or services rendered under this Master
Agreement as outlined and defined in the attached Special Provisions.
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ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of H-GAC, which will not be unreasonably withheld. The Contractor
acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Master Agreement as if the performance rendered was rendered by the Contractor. Contractor
shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations.
ARTICLE 16: AUDIT Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H-GAC.
In no circumstances will Contractor be required to create or maintain documents not kept in the ordinary course of its business operations, nor will Contractor be required to disclose any information, including but not limited to product cost data, which it considers confidential or proprietary.
ARTICLE 17: TAX EXEMPT STATUS H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is
the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly. Exemption certificates will be provided upon request.
ARTICLE 18: EXAMINATION OF RECORDS The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's invoices and pertinent documentation of items which are chargeable to H-GAC under this Master
Agreement. H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those pertinent records on or off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The
right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement.
The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party agreements.
ARTICLE 19: RETENTION OF RECORDS The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, for a period of seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.
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ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor
is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service. H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities
after a contract is awarded.
ARTICLE 21: CHANGE ORDERS AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Master Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation. B. To ensure the legal and effective performance of this Master Agreement, both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Master Agreement and shall be binding upon the parties as if written herein.
C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the
purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC.
ARTICLE 22: CONTRACT ITEM CHANGES
A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from
the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.
B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole
discretion. If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers. C. If a manufacturer makes any change in a contracted item which does not affect the contract price,
Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers. D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide thirty (30) calendar days written
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notice and an explanation of the changes to products and pricing. H-GAC will respond with written
approval.
ARTICLE 23: CONTRACT PRICE ADJUSTMENTS
Price Decreases If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately
pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing
Price Increases Contractors may request a price increase for items priced as Base Bid items and Published Options after twelve (12) months from the bid opening date of the bid received by H-GAC. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost and will not exceed 10% of the previous bid price. Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges, or other economic factors.
Price Changes Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a
price change. Temporary increases in pricing by whatever name (e.g. ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes. For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new
published catalog or price sheet must be submitted whenever the manufacturer publishes a new document. The request must include the new catalog or price sheet. All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during the course of any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer.
Requesting Price Increase/Required Documentation Contractor must submit a written notification at least thirty (30) calendar days prior to the requested effective date of the change, setting the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by
line item. Price change requests must include H-GAC Forms D Offered Item Pricing and E Options Pricing, or the documentation used to submit pricing in the original Response and be supported with substantive documentation (e.g. manufacturer's price increase notices, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line-item bid. The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and
updating of the website. The letter and documentation must be sent to the Bids and Specifications manager, William Burton, at William.Burton@h-gac.com
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Review/Approval of Requests If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill
any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request.
ARTICLE 24: DELIVERIES AND SHIPPING TERMS The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order. Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor. The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage. Unless otherwise stated in the Master Agreement, deliveries must consist only of new and unused merchandise.
ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS) There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor
within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be
issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor.
ARTICLE 26: MANUALS Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered.
ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC.
Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor is not authorized to make substitutions without prior Customer approval.
ARTICLE 28: WARRANTIES, SALES, AND SERVICE Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty
and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty.
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Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims,
Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.
ARTICLE 29: TERMINATION PROCEDURES The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default. H-GAC will not pay for any expenses incurred after the termination date of the contract.
A. Convenience H-GAC may terminate this Master Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing thirty (30) days written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination. The Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC. B. Default H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Master
Agreement, in any one of the following circumstances: (1) If the Contractor fails to perform the services herein specified within the time specified herein or any
extension thereof; or (2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason whatsoever,
or so fails to make progress or otherwise violates the Agreements that completion of services herein specified within the Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period of fifteen (15) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC. (3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the
Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User.
ARTICLE 30: SEVERABILITY H-GAC and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Master Agreement, which shall continue
in full force and effect.
ARTICLE 31: FORCE MAJEURE To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably
beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. The party affected by the Force Majeure will notify the other within fifteen (15) days. Determination of force majeure shall rest solely with H-GAC.
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ARTICLE 32: CONFLICT OF INTEREST No officer, member or employee of the Contractor or Contractors subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision
relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement.
A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member. The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer’s close family member as defined in the law exists. B. Certificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.
Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC.
ARTICLE 33: FEDERAL COMPLIANCE Contractor agrees to comply with all applicable federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Master Agreement,” If the Federal award meets the definition of “funding Master Agreement” under 37 CFR § 401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding Master Agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Master Agreements,” and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II. Additionally, for work to be performed under the Master Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age
Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Master Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Master
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Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution
Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the
Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation
Act (P.L. 94-163).
ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (EFFECTIVE AUG. 13, 2020
AND AS AMENDED OCTOBER 26, 2020) Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4)
telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to,
the government of a covered foreign country. Respondent must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition
threshold and to acquisitions of commercial items, including commercially available off the-shelf items.
ARTICLE 35: DOMESTIC PREFERENCE In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, when using federal grant award funds H-GAC should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). H-GAC must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, then it shall work with H-GAC to provide all required certifications and other documentation needed to show compliance.
ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency.
The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any serious accident or incident requiring medical attention arising from its activities under this Master Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act.
The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.
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The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor’s ability to perform services under this Master Agreement.
ARTICLE 37: INDEMNIFICATION AND RECOVERY H-GAC’s liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Master Agreement. Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement.
ARTICLE 38: LIMITATION OF CONTRACTOR’S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace
product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special, or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to
repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement.
ARTICLE 39: TITLES NOT RESTRICTIVE The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement.
ARTICLE 40: JOINT WORK PRODUCT This Master Agreement is the joint work product of H-GAC and the Contractor. This Master Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.
ARTICLE 41: PROCUREMENT OF RECOVERED MATERIAL H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent
certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements.
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ARTICLE 42: COPELAND “ANTI-KICKBACK” ACT Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a
clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment
as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
ARTICLE 43: DISCRIMINATION Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination. These include, but are not limited to: a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age;
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3),
as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and j) The requirements of any other nondiscrimination statute(s) that may apply to the application.
ARTICLE 44: DRUG FREE WORKPLACE Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable. For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy.
ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions.
ARTICLE 46: WARRANTY AND COPYRIGHT Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming.
ARTICLE 47: DATA HANDLING AND SECURITY Unless otherwise agreed upon between Contractor and the End User, it will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent
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unauthorized access to all data, products, and deliverables.
ARTICLE 48: DISPUTES All disputes concerning questions of fact or of law arising under this Master Agreement, which are not addressed
within the Whole Master Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within
thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with H-GAC's final decision.
ARTICLE 49: CHOICE OF LAW: VENUE This Master Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.
ARTICLE 50: ORDER OF PRIORITY In the case of any conflict between or within this Master Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and 4) Other Attachments.
ARTICLE 51: WHOLE MASTER AGREEMENT
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered
in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this
Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement
will be automatically voided. The Master General Provisions, Master Special Provisions, and Attachments, as provided herein, constitute the complete Master Agreement between the parties hereto, and supersede any and all oral and written Master Agreements between the parties relating to matters herein. Except as otherwise provided herein, this Master Agreement cannot be modified without written consent of the parties.
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SIGNATURES: H-GAC and the Contractor have read, agreed, and executed the whole Master Agreement as of the date first written above, as accepted by:
Motorola Solutions, Inc.
Signature $docusign:SignHere::Customer1 Name Neil Thomas Title Vice President, Western Region Date $docusign:DateSigned::Customer1
H-GAC
Signature $docusign:SignHere::InternalSigner Name Chuck Wemple Title Executive Director Date $docusign:DateSigned::InternalSi
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9/27/20219/28/2021
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H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777
Cooperative Agreement - Contract - Motorola Solutions, Inc. - Public Services - ID: 7290
MOTOROLA SPECIAL PROVISIONS
Please note, this is an H-GAC Master Agreement template and is used for all products and services
offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be
reviewed. Incorporated by attachment, as part of the whole Master Agreement, H-GAC and the
Contractor do, hereby agree to the Master Special Provisions as follows:
ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor’s
Response to the Bid/Proposal.
ARTICLE 2: END USER AGREEMENTS (“EUA”) H-GAC acknowledges that the END USER may choose to enter into an End User Master Agreement (EUA) with the Contractor through this Master Agreement, and that the term of the EUA may exceed the
term of the current H-GAC Master Agreement. H-GAC’s acknowledgement is not an endorsement or
approval of the End User Master Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or conditions that conflict with those in Contractor’s Master Agreement with H-GAC. Contractor affirms that termination of its Master Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance,
continue pursuant to the EUA’s stated terms and duration. Pursuant to the terms of this Master
Agreement, termination of this Master Agreement will disallow the Contractor from entering into any new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Master Agreement between H-GAC and Contractor.
ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure of entering into Master Agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices,
warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall
notify H-GAC within ten (10) business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past
Master Agreement. H-GAC shall have the right and option at any time to decline to accept any
such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed
reasons Contractor believes the aforesaid offer is not in fact most favored treatment. H-GAC, after
due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Master Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored Master Agreement, to
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provide the same prices, warranties, benefits, or terms to H-GAC and the END USER. This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer, or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies
EXCEPTION: This clause shall not be applicable to the sale of large communications systems
(one million dollars ($1,000,000.00) and above). The term “Communication Systems” shall refer
to a project that includes the sale of infrastructure hardware and/or software, user devices, and
Contractor engineering and installation service. The contract for a “Communication System” will
always have a Statement of Work and an Acceptance Test Plan. This clause shall also not be
applicable to pre-existing contracts Contractor has in the State of Texas. The term ”pre-existing”
shall refer to contracts in existence as of the effective date of this Agreement.
ARTICLE 4: PARTY LIABILITY Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty,
negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder. Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Master Agreement.
ARTICLE 5: GOVERNING LAW & VENUE Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.
ARTICLE 6: SALES AND ORDER PROCESSING CHARGE Contractor shall sell its products to END USERS based on the pricing and terms of this Master Agreement. H-GAC will invoice Contractor for the applicable order processing charge, which is listed and detailed in the attached “Addendum A” to this contract, when H-GAC receives notification of an
END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of an END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Master Agreement, including
sales to entities without Interlocal Master Agreements, Contractor shall pay the applicable order
processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Master Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall
H-GAC have any liability to Contractor for any goods or services an END USER procures from
Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Master Agreement actually performed, and for which compensation was received by Contractor.
ARTICLE 7: LIQUIDATED DAMAGES
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Any liquidated damage terms will be determined between Contractor and END USER at the time an END USER purchase order is placed.
ARTICLE 8: INSURANCE Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the
following insurance and coverage:
a. General liability insurance with a Single Occurrence limit of $1,000,000.00, and a General
Aggregate limit of two times the Single Occurrence limit, including: i. Product liability insurance with a Single Occurrence limit of $1,000,000.00, and a General Aggregate limit of two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications.
b. Property Damage or Destruction insurance is required for coverage of End User owned equipment
while in Contractor's possession, custody, or control. The Single Occurrence limit is $500,000.00 and the General Aggregate limit must be two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on
insurance certificate(s) submitted to H-GAC. c. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period.
d. PDF Insurance Certificates must be furnished to H-GAC after contract execution and at policy
renewal during term of contract, showing Contractor as the insured and showing coverage and limits for the insurances listed above. e. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the insurance coverages specified herein, and if requested by H-GAC, a separate
insurance certificate must be submitted for each such party.
f. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy.
ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore,
Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the END USER. Contractor shall quote a price to END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END USER's purchase order.
ARTICLE 10: ORDER PROCESSING CHARGE H-GAC will apply an Order Processing Charge, listed in Addendum A to this contract, for each sale done through the H-GAC contract, with the exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the Customer.
ARTICLE 11: CHANGE OF STATUS Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written
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guidance to advise H-GAC if this Master Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Master Agreement.
ARTICLE 12: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following:
a. Be new, unused, and not refurbished.
b. Not be a prototype as the general design, operation and performance. This requirement is NOT
meant to preclude the Contractor from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace.
c. Include all accessories which may or may not be specifically mentioned in the Master Agreement, but which are normally furnished or necessary to make the Product ready for its intended use upon
delivery. Such accessories shall be assembled, installed and adjusted to allow continuous operation of Product at time of delivery.
d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any Customer.
e. Be designed and constructed using current industry accepted engineering and safety practices, and
materials.
f. Be available for inspection at any time prior to or after procurement.
ARTICLE 13: TEXAS MOTOR VEHICLE BOARD LICENSING All Contractors that deal in motor vehicles shall maintain current licenses that are required by the Texas
Motor Vehicle Commission Code. If at any time during this Master Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Master Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request.
ARTICLE 14: INSPECTION/TESTING All Products sold pursuant to this Master Agreement will be subject to inspection/testing by or at the direction of H-GAC and/or the ordering Customer, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Master Agreement,
and unless otherwise agreed in advance, the cost of any inspection and/or testing, will be the
responsibility of the Contractor.
ARTICLE 15: ADDITIONAL REPORTING REQUIREMENTS Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the
previous three (3) month period. Reports must include, but are not limited, to the following information:
a. Customer Name b. Product/Service purchased, including Product Code if applicable c. Customer Purchase Order Number d. Purchase Order Date
e. Product/Service dollar amount
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f. HGACBuy Order Processing Charge amount
ARTICLE 16: BACKGROUND CHECKS Cooperative customers may request background checks on any awarded contractor’s employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to
pay the cost of obtaining any background information requested by the Customer.
ARTICLE 17: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL
CERTIFICATION As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1)
does not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code:
1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled
territory, but does not include an action made for ordinary business purposes; and 2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.
ARTICLE 18: NO EXCLUDED NATION OR TERRORIST ORGANIZATION
CERTIFICATION As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization –
specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.)
ARTICLE 19: BUY AMERICA ACT (National School Lunch Program and Breakfast Program) With respect to products purchased by Customers for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R.
Part 210.21(d), to the extent applicable. Contractor agrees to provide all certifications required by
Customer regarding such programs. In the event Contractor or Contractor’s supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H-GAC
Customers may decide not to purchase from Contractor. Additionally, H-GAC Customers may require
country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement.
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ARTICLE 20: BUY AMERICA REQUIREMENT (Applies only to Federally Funded Highway and
Transit Projects) With respect to products purchased by Customer for use in federally funded highway projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and
the Steel and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable. Contractor agrees to provide all certifications required by Customer regarding such programs. With respect to products purchased by Customer for use in federally funded transit projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 49 U.S.C. Section 5323(j)(1), 49 C.F.R. Sections 661.6 or 661.12, to
the extent applicable. Contractor agrees to provide all certifications required by Customer regarding such programs. Contractor agrees that the provisions in this Article may be applicable in an End User Agreement.
ARTICLE 21: TITLE VI REQUIREMENTS H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Master Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
ARTICLE 22: EQUAL EMPLOYMENT OPPORTUNITY Except as otherwise provided under 41 CFR Part 60, all Contracts and Customer Purchase Orders that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive
Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., pg.339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Contractor agrees that such provision applies to any contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and agrees that it will comply with such provision.
ARTICLE 23: CLEAN AIR AND WATER POLLUTION CONTROL ACT Customer Purchase Orders using federal funds must contain a provision that requires the Contractor to
agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will remain in compliance during the term of the Contract.
ARTICLE 24: PREVAILING WAGE
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Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the Davis-Bacon Act, 40 U.S.C. 276a – 276a-5, as amended, and the regulations adopted thereunder contained in 29 C.F.R. pt. 1 and 5.
ARTICLE 25: CONTRACT WORK HOURS AND SAFETY STANDARDS As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all Customer Purchase Orders in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
ARTICLE 26: PROFIT AS A SEPARATE ELEMENT OF PRICE For purchases using federal funds in excess of $150,000, a Customer may be required to negotiate profit
as a separate element of the price. See, 2 CFR 200.323(b). Contractor agrees to provide information and negotiate with the Customer regarding profit as a separate element of the price for the purchase. Contractor also agrees that the total price, including profit, charged by Contractor to Customer will not exceed the awarded pricing, including any applicable discount, under any awarded contract. Contractor agrees that the provisions in this Article may be applicable in an End User Agreement.
ARTICLE 27: BYRD ANTI-LOBBYING AMENDMENT Byrd Anti-Lobbying Amendment (31U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 must file the required anti-lobbying certification. Each tier must certify to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier, up to the Customer. As applicable, Contractor agrees to file all certifications
and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352).Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that:
1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal Grant, the
making of a Federal Loan, the entering into a cooperative Master Agreement, and the extension,
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continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative Master Agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing, or attempting to influence, an officer or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative Master Agreement, Contractor shall
complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. 3. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Master Agreements) and that all subcontractors shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
ARTICLE 28: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS,
SUBGRANTS, COOPERATIVE MASTER AGREEMENTS, AND CONTRACTS Contractor agrees to comply with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15.
ARTICLE 29: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT Contractor agrees to comply with applicable mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
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Addendum A- Applicable Order Processing Charge
Excerpt from page 6 of RFP #RA05-21:
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Line Item
Reference
Number
Product Code
Product Summary
(detailing the items, equipment and/or
services being offered for the specific
product code)
Manufacturer Vendor Item Description Bid Price
1 PA
Mobile and Portable radios and accessoriesBase Stations and accessoriesRadio Trunked Systems
Dispatch Consoles
Mobile Data SystemsMobile Data SubscribersMobile Computing Devices
Broadband Wireless Mesh Infrastructure
and SubscribersVideo and BiometricsRadio Infrastructure (Towers, Shelters,
UPSs and Generators)
Broadband and LTE Equipment/Services
Next Gen 911 Equipment/Services Intelligent Led Policing Real Time Crime Center/ Video Solutions
CAD and Records Management
Biometrics Applications
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners
Per the RFP Motorola has included an
Electronics Catalogue (PCAT file of .pdf's) file
in lieu of listing each individual product and its
options. In addition, a discount APC sheet is
attached in the pricing section and used to
calculate all individual prices within the PCAT
file.
APC Summary Provided
Below.
Motorola also offers an extensive on-line
program called My View Portal that allows
each H-GAC end user to check specific
contract pricing, place orders, and check
shipping estimates in addition to invoice
history. The on-line tool is the most advanced
of its kind in the Communications Industry.
2 PB Integrated Command Control Equipment
System Integration Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners
Per the RFP Motorola has included an
Electronics Catalogue (PCAT file of .pdf's) file
in lieu of listing each individual product and its
options. In addition, a discount APC sheet is
attached in the pricing section and used to
calculate all individual prices within the PCAT
file.
APC Summary Provided
Below.
Motorola also offers an extensive on-line
program called My View Portal that allows
each H-GAC end user to check specific
contract pricing, place orders, and check
shipping estimates in addition to invoice
history. The on-line tool is the most advanced
of its kind in the Communications Industry.
Attachment A
Motorola Solutions Inc.
Radio Communications/Emergency Response Equipment
Contract No.: RA05-21
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3 PC
Emergency TrailersSystem Integration Services
Command Vehicles
Integrated Emergency Operations Center Incident Command Systems
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners
Per the RFP Motorola has included an
Electronics Catalogue (PCAT file of .pdf's) file
in lieu of listing each individual product and its
options. In addition, a discount APC sheet is
attached in the pricing section and used to
calculate all individual prices within the PCAT
file.
APC Summary Provided Below.
Motorola also offers an extensive on-line
program called My View Portal that allows
each H-GAC end user to check specific
contract pricing, place orders, and check
shipping estimates in addition to invoice
history. The on-line tool is the most advanced
of its kind in the Communications Industry.
4 PD
Project Management
System Technologist
Training
Advanced ServicesVideo and Network ManagementTesting
Civil Work (Soil grading, fencing, grub
work, etc...)Tower Services (concrete/foundation work, documentation, civil work, etc..)
Network Services for all category
technologiesCloud Services and Associated Integration
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners
Motorola offers wide range of services
including Integration, Installation and
Training. The cost of these services is regional
in nature. Samples below are listed for
reference only.
APC Summary Provided Below.
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Project Management Daily Rate*$2,072
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners System Technologist Daily Rate*$2,072
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Standard Shop Installation: Hourly Rate*$150
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Standard Shop Installation: Daily Rate*$1,200
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Mobile Radio Installation*$180-$600
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Radio Programming*$55-$125
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Data Installation*$180-$600
*Prices may vary by Region and Stated Scope.
Travel Not Included.
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners NG9-1-1 Consulting Services-Daily Rate*$1,900
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Security Project/Program Management-Daily Rate*$1,900
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Wireless Security Technician-Daily Rate*$1,900
MOTOROLA INTEGRATION SERVICES - LMR
Motorola offers wide range of services including Integration, Installation and Training. The cost of these services is regional in nature. Samples below are listed for reference only.
MOTOROLA INTEGRATION SERVICES - ADVANCED SERVICES
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Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Security Penetration Tester (Wired Network)-Daily Rate*$1,900
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Security Trainer-Daily Rate*$1,650
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Application Security Code Reviewer-Daily Rate*$2,100
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners IT Incident Response and E-Discovery Assistance-
Daily Rate*$1,900
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners IT Disaster Recovery Planner-Daily Rate*$1,900
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners IT Disaster Recovery Plan Tester-Daily Rate*$1,900
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Business Continuity/Continuity of Government
Planner-Daily Rate*$1,900
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Business Continuity/Continuity of Government
Plan Tester-Daily Rate*$1,900
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Mobile Application Services Project Management-
Daily Rate*$750
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Mobile Application Services Solution Achitech-
Daily Rate*$2,100
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Mobile Application Services Application and Solution Design-Daily Rate*$2,100
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Mobile Application Services Application and Solution Implementation-Daily Rate*$2,100
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Application Integration and Customization Services Project Management-Daily Rate*$1,694
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Application Integration and Customization Services Solution Achitech-Daily Rate*$2,100
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Application Integration and Customization Services Application and Solution Design-Daily
Rate*
$2,100
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners
Application Integration and Customization
Services Application and Solution Implementation-Daily Rate*$1,694
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Unified Communications Services Project Management-Daily Rate*$1,900
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Unified Communications Services Application and Solution Design-Daily Rate*$2,100
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Unified Communications Services Application and Solution Implementation-Daily Rate*$1,900
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Consulting Services Project Management-Daily
Rate*$1,900
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Consulting Services Internet Protocol Network
Assessment-Daily Rate*$2,100
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Consulting Services IP Network Design and
Integration-Daily Rate*$2,033
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Consulting Services IP Wide Area Network Backhaul Design and Integration-Daily Rate*$2,100
Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Consulting Services Customer Network Interface Design and Integration-Daily Rate*$2,100
6 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners ASTRO Dispatch Support
42 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners ASTRO SUA Upgrade Operations Support
43 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners ASTRO SUA Field Service Support
APC SUMMARY
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127 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Motorola Shop Services
135 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Drop Ship Freight
185 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Motorola Subscriber Services
208 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Motorola Project Management Services
231 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Motorola Partner Maintenance Support
290 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Motorola Warranty Services
298 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners ASTRO System Essential Support
306 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Site Development Services
348 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners ASTRO System Premier Support
373 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners ASTRO System Advanced Support
390 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners ASTRO System Manager Support
427 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners 3rd Party Services
431 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Motorola Device Management Support - Essential
519 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners ASTRO Security Monitoring Support
560 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners ASTRO System Update Service Remote Patching Support
561 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners ASTRO Network Monitoring Support
670 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Asset Management Service
700 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Motorola Device Management Support -
Advanced
701 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Motorola Device Management Support - Premier
724 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Motorola APX Next Management Support -
Advanced
769 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners ASTRO Preventative Maintenance Support
772 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners ASTRO Technical Support
814 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners ASTRO Cyber Security Assessment Support
823 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners ASTRO SUA Hardware & Software Support
847 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Lunarline Cyber Security Services
848 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Lunarline Cyber Security Monitoring
859 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Delta Risk Cyber Security Services
882 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners ASTRO On-Site Support
929 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners ASTRO Infrastructure Repair Support
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943 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners ASTRO SUA Training Service Support
948 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners 3rd Party Maintenance Support
969 System Integration & Support Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners ASTRO System Update Service Local Patching Support
901 Lifecycle Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Migration Assurance Program
902 Lifecycle Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners SMA
903 Lifecycle Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners SUA, SUA II
904 Lifecycle Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners SUS
905 Lifecycle Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners SA
390 Professional Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Performance Management Reports
659 Professional Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners NG-911
659 Professional Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Security, IP Networking
670 Professional Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners SI
842 Professional Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners 311 Software
561 Service/Maintenance Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Network Monitoring
769 Service/Maintenance Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Network Preventive Maintenance & Onsite Infrastructure Response
769 Service/Maintenance Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners SUAII
772 Service/Maintenance Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Technical Support
929 Service/Maintenance Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Services
206 Service/Maintenance Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Subscriber Repair
293 Service/Maintenance Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Services/Training
17 Software SI Delivery Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners PremierOne CAD Delivery Services
30 Software SI Delivery Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Flex CAD Delivery Services
79 Software SI Delivery Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Situational Awareness Delivery Services
86 Software SI Delivery Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Emergency Notification Delivery Services
90 Software SI Delivery Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners PremierOne Records Delivery Services
97 Software SI Delivery Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Flex Records Delivery Services
99 Software SI Delivery Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Flex Jail Delivery Services
141 Software SI Delivery Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Digital Evidence Delivery Services
168 Software SI Delivery Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Kodiak Delivery Services
DocuSign Envelope ID: B37FC13E-031F-495B-9226-EE37DAAD442BDocuSign Envelope ID: BE85D5C3-700E-4D9B-9883-D59957D59834
327 Software SI Delivery Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners CAD Mobile Delivery Services
331 Software SI Delivery Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners CAD Suite Deployment
473 Software SI Delivery Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Spillman Delivery Services
586 Software SI Delivery Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners CallWorks Delivery Services
639 Software SI Delivery Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Critical Connect Delivery Services
634 Software SI Delivery Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Situational Awareness 3rd Party HW and SW or
just HW
572 Software SI Delivery Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Situational Awareness 3rd Party HW and SW or
just HW
141 Software SI Delivery Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Interface SA
144 Software SI Delivery Services Motorola Solutions, Inc.Motorola Solutions, Inc. and Partners Professional Services, Training Analytics Plus
Only
DocuSign Envelope ID: B37FC13E-031F-495B-9226-EE37DAAD442B
Motorola Solutions' Offered Items Pricing (Catalog/ Price Book) is available on-line at: https://www.hgacbuy.org/media/hgacbuy/catalogs/RA05-21/Motorola-Solutions.zip
DocuSign Envelope ID: BE85D5C3-700E-4D9B-9883-D59957D59834
Certificate Of Completion
Envelope Id: BE85D5C3700E4D9B9883D59957D59834 Status: Completed
Subject: Please DocuSign: City Council Contract 8287 Motorola Renewal Amendment
Source Envelope:
Document Pages: 37 Signatures: 7 Envelope Originator:
Certificate Pages: 6 Initials: 1 Cori Power
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
12/8/2023 2:24:17 PM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Cori Power
cori.power@cityofdenton.com
Purchasing Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 12/8/2023 4:04:59 PM
Viewed: 12/8/2023 4:05:08 PM
Signed: 12/8/2023 4:05:23 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 12/8/2023 4:05:25 PM
Viewed: 12/11/2023 10:42:55 AM
Signed: 12/11/2023 10:43:49 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Mack Reinwand City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 12/11/2023 10:43:53 AM
Viewed: 12/11/2023 3:48:12 PM
Signed: 12/11/2023 3:56:49 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jessica Pourciau
jessicapourciau@motorolasolutions.com
Director, Managed and Support Services
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 173.174.209.137
Signed using mobile
Sent: 12/11/2023 3:56:53 PM
Viewed: 12/11/2023 4:25:23 PM
Signed: 12/11/2023 4:26:23 PM
Electronic Record and Signature Disclosure:
Accepted: 12/11/2023 4:25:23 PM
ID: 1066c9fc-0598-4176-a280-3a75ff31f406
Signer Events Signature Timestamp
Leisha Meine
Leisha.Meine@cityofdenton.com
Chief Technology Officer
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 12/11/2023 4:26:25 PM
Viewed: 12/11/2023 4:26:52 PM
Signed: 12/11/2023 4:27:12 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 12/11/2023 4:27:16 PM
Viewed: 1/10/2024 2:06:48 PM
Signed: 1/10/2024 2:07:11 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 1/10/2024 2:07:14 PM
Viewed: 1/10/2024 2:39:05 PM
Signed: 1/10/2024 2:39:16 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jesus Salazar
jesus.salazar@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 1/10/2024 2:39:19 PM
Viewed: 1/10/2024 3:19:30 PM
Signed: 1/10/2024 3:20:56 PM
Electronic Record and Signature Disclosure:
Accepted: 1/10/2024 3:19:30 PM
ID: 6dda8e59-074b-473b-9fb5-b19216a9fc17
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 12/8/2023 4:05:26 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Paul Newman
paulnewman@motorolasolutions.com
Regional Services Manager
Security Level: Email, Account Authentication
(None)
Sent: 12/11/2023 3:56:51 PM
Viewed: 12/19/2023 4:12:12 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 12/11/2023 4:27:15 PM
Viewed: 12/13/2023 9:34:48 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 1/10/2024 3:21:00 PM
Viewed: 1/11/2024 8:34:54 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Matthew Marolla
matthew.marolla@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 1/10/2024 3:21:00 PM
Viewed: 1/10/2024 3:28:42 PM
Electronic Record and Signature Disclosure:
Accepted: 11/27/2023 12:11:55 PM
ID: 568e7eb5-a57f-49be-8562-bd29e6704213
Stephanie Padgett
Stephanie.Padgett@cityofdenton.com
TS Administration Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 1/10/2024 3:21:01 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/8/2023 4:04:59 PM
Certified Delivered Security Checked 1/10/2024 3:19:30 PM
Signing Complete Security Checked 1/10/2024 3:20:56 PM
Completed Security Checked 1/10/2024 3:21:01 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Jessica Pourciau, Jesus Salazar, Matthew Marolla
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.