Res 2022-190R/approving an award of a contract to Electric Cab North America for Microtransit Solution services in an amount not to exceed $500,000.00

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DocuSign Envelope ID:75FE39C7-BC6A-40EE-BF86-44BCFC63729F The parties may designate alternative persons or addresses for receipt of notices by written notice. 36. Dispute Resolution. If a dispute arises out of or relates to the Agreement or these Terms and Conditions, or a breach thereof,the parties agree to negotiate prior to prosecuting a suit for damages.However,this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief.Either party may make a written request for a meeting within fourteen(14)calendar days after receipt of the request or such later period as agreed by the parties.Each party shall include,at a minimum,one(1)senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting,the parties have not succeeded in negotiating a resolution of the dispute,they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select,within thirty(30)calendar days,a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option, the Owner and the Contractor agree to act in good faith in the selection of the mediator and give consideration to qualified individuals nominated to act as mediator.Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. The parties agree to participate in mediation in good faith for up to thirty(30)calendar days from the date of the first mediation session.The Owner and Contractor will share the mediator's fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 37. Prohibition on Contracts with Companies that Discriminate Against Firearm and Ammunition Industries. Section 2274 of the Texas Govermnent Code (SB 19) restricts the City from contracting with companies that discriminate against firearm and ammunition industries. By signing below as an authorized signer, the Bidder certifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association;and will not discriminate against the same during the term of this contract. (Only applies to companies with 10 or more full-time employees and for a contract value greater than$100,000.)Failure to maintain the requirements under this provision will be considered a material breach. 38. Prohibition on Contracts with Companies Boycotting Certain Energy Companies. Section 2274 of the Texas Government Code (SB13) restricts the City from contracting with companies that boycott energy companies. By signing below as an authorized signer, the Bidder certifies that it does not have a practice, policy,guidance,or directive boycotting energy companies,and will not discriminate against the same during the term of this contract. (Only applies to companies with 10 or more full-time employees and for a contract value greater than $100,000.) Failure to maintain the requirements under this provision will be considered a material breach. Rev 06.13.2022 Page 6 of 12