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R23-176 1 RESOLUTION NO. R23-176 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 6 MAINTENANCE AGREEMENT NO. 00309 BASED ON THE GSA 7 CONTRACT NO.GS-07F-173GA WITH BROADCAST SYSTEMS (ER TECH 8 SYSTEMS GROUP, INC.) TO PURCHASE SERVICES, SUPPORT, AND 9 MAINTENANCE FOR CITYWIDE CAMERAS, ACCESS CONTROL, AND 10 REAL TIME CRIME CENTER TECHNOLOGY ON AN "AS NEEDED BASIS" 11 FROM BROADCAST SYSTEMS FOR AN ESTIMATED TOTAL NOT TO 12 EXCEED $148,000; AND PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, on February 7, 2023,the Commission approved the piggyback of the GSA 15 contract No. 07F-173GA by Resolution R23-016; and 16 WHEREAS, the City has a number of technology systems that require ongoing 17 technical support to ensure continuous operation which include a Citywide Avigilon access 18 control system that provides centralized and secure access to multiple City buildings, an 19 Avigilon Security Camera System with cameras installed across the City, call boxes at key 20 locations, digital signage, and technical systems in the real-time crime center; and 21 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 22 recommendation of staff, deems it to be in the best interests of the City residents to approve 23 and authorize the City Manager to sign a Maintenance Agreement No. 00309 based on the 24 GSA Contract No. GS-07F-173GA with Broadcast Systems (ER Tech Systems Group, Inc.) to 25 purchase services, support, and maintenance for Citywide Cameras, Access Control, and Real 26 Time Crime Center Technology on an "AS NEEDED BASIS" from Broadcast Systems for an 27 estimated total not to exceed $148,000. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 29 BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. 33 Section 2. The City Commission hereby approves and authorizes the City 34 Manager to sign a Maintenance Agreement No. 00309 based on the GSA Contract No. GS- S:\CA\RESO\Agreements\Agreement with Broadcast Systems-Reso.docx 35 07F-173GA with Broadcast Systems (ER Tech Systems Group, Inc.) to purchase services, 36 support, and maintenance for Citywide Cameras,Access Control, and Real Time Crime Center 37 Technology on an "AS NEEDED BASIS" from Broadcast Systems for an estimated total not to 38 exceed $148,000. A copy of the Agreement is attached hereto and incorporated herein by 39 reference as Exhibit "A." 40 Section 3. This Resolution shall become effective immediately upon passage. 41 PASSED AND ADOPTED this 5th day of December, 2023. 42 CITY OF BOYNTON BEACH, FLORIDA 43 44 YES NO 45 46 Mayor-Ty Penserga •� 47 48 Vice Mayor-Thomas Turkin ✓ 49 50 Commissioner-Angela Cruz ✓ 51 52 Commissioner-Woodrow L. Hay 53 54 Commissioner-Aimee Kelley 55 56 VOTE 6 -t 57 58 AT T: 59 •• �1 moi ' 60 1... `+ Tamm nzione, C T ga 62 Deput City Clerk Ma • 63 _ 64 oyN-TON•eF`�� PPROVED AS TO FORM: 65 (Corporate Seal) ',4,0ArE••'•q.5;11 67 �- . RP�� )L/l' /)& LA- Yoh 68 0 \ \NC0\( %O ' % Shawna G. Lamb 69 ..• City Attorney L0' S:\CA\RESO\Agreements\Agreement with Broadcast Systems-Reso.docx Th (/ 111111141 SYSTEMS ER Tech Systems Group Inc. Maintenance Agreement No. 00309 This is an Agreement, by and between Broadcast Systems and City of Boynton Beach herein referred to as "Client". Term: The term of the Agreement shall be Twelve Months from the date of this executed Agreement, with the option to renew for additional 36 month/Three periods at newly negotiated rates. Compensation: Client agrees to pay Broadcast Systems compensation in the total amount of$ 146,000.00 Monthly Maintenance Agreement *Annual Charge: $ 146,000.00 GSA Contract: GS-07F-173GA *All Prices quoted are exclusive of Local, State, or Federal taxes(if applicable) The information contained herein is the intellectual property of Broadcast Systems. All submitted design details and specifications represent Broadcast Systems confidential information, are proprietary in nature, and constitute trade secrets. The use of these materials without the express written permission of Broadcast Systems is strictly prohibited. Initial Broadcast Systems. 290 SW 12th Ave Suite 1, Pompano Beach, Florida 33069 Office(561) 578-4964 . Fax(561) 658-0360 11111N SYSTEMS Maintenance Agreement Details 1. Basic Service: Basic Service is the routine labor required to troubleshoot low voltage equipment/systems (cameras,cabling,etc.)during normal business hours,i.e.Monday through Friday between 9AM and 5PM.The service includes remote troubleshooting and programming as well as technical telephone support. The Client is responsible for allowing Broadcast Systems access to its systems via secure Virtual Private Network(VPN)or equivalent connection. 2. Technical Telephone Support:Broadcast Systems provides telephone support during normal business hours to address simple technical questions/issues. Telephone support is handled in a routine manner. The intent of this service is to provide timely answers to simple technical questions regarding system operations. 3. All support tickets must be generated through the Broadcast Systems help desk. All tickets will be emailed to admin(a,broadcastsystemsinc.com . Broadcast Systems will generate a ticket number and all parties will be able to track the support ticket throughout the event until resolution of service request. An additional copy of the support ticket will be forwarded to Client. 4. Priority Handling of Service Requests: Broadcast Systems will respond rapidly to routine service calls on a priority basis. Calls received prior to 8:00AM EST/EDT on normal business days are responded to during the same day. The initial response may be via telephone or remote programming (if applicable). Calls received after 8:00AM EST/EDT are handled with priority status and responded to no later than close of business on the following business day. 5. Emergency Response Service: This service is provided in conjunction with the Basic Service and includes service requests that require immediate response to a mission critical system failure. Emergency Response Service (ERS) is provided twelve (12) hours a day, five (5) days per week, not including holidays. Upon receipt of an authorized Emergency Service request, a Broadcast Systems engineer or technician will respond within a maximum of (8) hours. He/she will initially perform remote diagnostics via telephone or other remote connection(if applicable)and will either resolve the problem or downgrade the emergency to a routine service call.If the emergency is downgraded to a routine service call,the service call will be completed during regular business hours. If the emergency persists and an on-site response is required, Broadcast Systems will have an engineer/technician or approved subcontractor on-site within the following (12) hours. The work effort will be continuous until the response requirement is satisfied,and/or as directed by the Client. 6. Battery Tracking Program: This option includes tracking the age of batteries used in the system. Broadcast Systems will advise the Client when certain batteries should be replaced.If a complete list of batteries is not currently available, or they were provided (i.e. installed) by others, an inventory of batteries will be completed during the first year of the Service Agreement.The cost of battery replacement is charged separately to Client. * Deludes"QuG-oi.\\' rrah€y"L r'CVs' iepiacet;i.:T.tlax dr.raares.iesutt4 frWit€Lat°e•IiartyOiuse, * Ilegrrires secure access to fire nat orl7.by Broadcast.S''€tc.rns 1.,,c.* 13rordes,s1 Systems riot lltaln far th i elrls_c.ertcl.t of my c"•l'..il))i9P:72i d011:'1 eyed by£C.v(rP.`(4,'.aibc CI t"111) Cd:•1}27"ty rhr,Y e. 1 Por,.d Jast Syr:tu TS iiAt liable for.ii..repl.P.oeirteat of Ay cc uiwaelrt destroyed by Srverc:wo.ztl, r Or Chi rd j: rtiy aLT.E':, a SYSTEMS 7. Parts and Equipment Coverage: Equipment and/or material that needs to be replaced that are not covered by manufacturer warranty will be purchased: All shop materials sold at cost + 10% (I.E. Home Depot, Lowes,Electrical Supply,Amazon). All Avigilon materials will be sold at 10%off retail price during the term of this agreement.Items contract will utilize contract pricing GS-07F-173GA 8. System Documentation Maintenance:Broadcast Systems will maintain all relevant system documentation to support the system,including changes.Documentation and system information will be available to Client. 9. Fieldwork:Actual fieldwork for emergency or routine repairs will be performed by field engineers or technicians. If the engineer/technician determines the reason for service needed is not due to the work performed by Broadcast Systems or its equipment, then we will invoice Client for hourly emergency service. EXCLUSIONS&CLARIFICATIONS 1. Broadcast Systems has a clear understanding of the systems in place. As a result, certain assumptions have been made. Should a change to the system functionality and/or hardware/software be required,Broadcast Systems will respond by issuing an addendum(or revision)to this proposal describing the impact on the schedule and to the cost for the system.Work related to any changes will not begin until respective changes are mutually agreed to in writing. 2. Client will provide: a. Appropriate and sufficient power(electrical service)to all locations and devices including the head end control center b. Sufficient space for the head end and rack space for housing of all equipment. c. Space for command-and-control equipment d. Appropriate HVAC environmental controls for the MDF and IDF's e. DSL, TI, or other high-speed line to provide access to the internet, and for remote access by Broadcast Systems f. Base Blueprints as Broadcast will start documenting IP's and systems from an initial audit performed by Broadcast Staff. g. Appropriate Ethernet connectivity as specified by Broadcast Systems for interconnect into the Client LAN/WAN for remote viewing(via VPN or equivalent)of real time and archived video and troubleshooting or maintenance of the provided equipment. h. Clearing of trees,vegetation,or any other obstacle that may block camera views and inhibit video surveillance i. Utility poles J. Appropriate and sufficient lighting k. Sufficient space for mounting and installing all Broadcast Systems provided equipment 1. Lighting protection 3. Broadcast Systems is not responsible for electrical or mechanical adjustments, changes or replacements to any existing equipment except as noted in this agreement. All major equipment additions will be billed as a project and signed off on by the client before commencement. 3. The design of this project,and the type and quantity of equipment,are contingent on the completion of a final site survey/field audit. 4. We provide automation products and integration services to deliver a complete remote surveillance monitoring system.As a provider of control equipment and engineering services related to the equipment,Broadcast P SYSTEMS Systems' scope of responsibility as defined herein, is limited to the individual controls and system supplied by Broadcast Systems or BS subcontractors only. 5. Client will designate a representative with respect to this project. This representative should have a working knowledge of the project location and circumstances associated with this proposal. 6. Any information regarding client operations, business, personal, or Clients will be kept in strict confidence. The system price includes a perpetual,non-exclusive,non-transferable license, or licenses for use in this specific project only. 7. The pricing set forth in this agreement contains no monetary allowance for product liability or consequential damages, coverage, indemnification, or warranties, other than those set forth elsewhere in this agreement. Any additional assurances, indemnifications, or insurance coverage, if desired, will be subject to mutually agreeable terms,and pricing. 8. Neither party assumes any liability except as expressly provided in these terms and conditions. Subject to the extent allowable by law, in no event shall either party be liable, whether in contract, tort,or otherwise, for special, indirect,incidental,or consequential damages caused by the use of this project. Subject to the extent allowable by law, in no event shall Broadcast Systems' total 'iability to client hereunder exceed the sum paid to Broadcast Systems by Client,exclusive of any sums paid and/or owing directly to any subcontractor. 9. Performance and/or payment bonds are not included. 10. All prices are exclusive of U.S.federal,state,and local taxes. 11. All supplied documentation will be written in U.S. English;translation into other languages is available at an extra charge that will be provided upon request. 12. Operating manuals, documentation, and drawings will be provided in electronic format. Pricing for the production of hard copies of this documentation will be provided upon request. 13. In the event of additional work beyond the scope described herein, costs shall be assessed as follows: An estimate and written scope of work will be provided to the Client. No work will be performed until the scope of work and estimate is signed off on by the client and terms are agreed upon. 14. Covered services: City wide,access control systems,video systems,video and security software, security software, IT support software,mobile and fixed video systems,mobile video systems to include but not limited to LPR,camera,and signage trailers, fiber optical, and category cable systems,IT support hardware,switching support hardware,video wall software,video wall infrastructure,to include but not limited to displays and associated hardware, installation of critical infrastructure to support security and IT related systems. Labor for all covered services found on GSA contract GS-07F-173GA. (1141/ SYSTEMS A. Routine Service—Labor: Routine Labor Rate applies to service work and Technical Telephone Support provided during normal business hours(Monday through Friday between the hours of 8:00AM and 5:00PM EST/EDT). Routine Service Labor Rate per Hour is charged in accordance with standard rates ii. Minimum Time Billing per on-site event.If remote support exceeds.5 hour the 1 Hour minimum service charge time will apply. Time Billing Increment in Excess of Minimum Time 0.5 Hour B. Emergency Response Services—(ERS)—Labor: Emergency Response Service Labor Rate applies to work that client has specifically requested on an emergency basis.ERS is provided with a response time of 7 hours(exceptions may apply,subject to type and location of the emergency). i. Emergency Response work during normal business hours(Monday through Friday between hours of 8:00AM and 6:00PM EST/EDT) Labor rate per hour is charged in accordance with standard rates in the class per technician. ii. Emergency Response work after normal business hours and Saturday 1.5 x (Monday through Friday,6:00PM—11:00PM EST;Saturday,8:00AM—2:00PM) Hourly Rate Emergency Response work during all other hours including Weekends and Holidays Holidays:New Year's Day,Good Friday,Memorial Day,Independence Day,Labor Day, 2x Hourly Thanksgiving Day and day after,Christmas Day Rate iv. Minimum Time Billing for Emergency Calls 1.5 Hours v. Time Billing Increment in Excess of Minimum Time .5 hour C. Travel—Travel charges for BS personnel are as follows: i. Mileage Rate Per Mile $0 ii. Air Fare $0 Per Diem per Day per Person applies if service location is outside of a 100-mile radius from West Palm Beach,Florida $0 D. Materials i. All Shop Materials Sold at Cost+10%(I.E.Home Depot,Lowes,Electrical Supply, Amazon)All Avigilon Materials will be sold at 10%off retail price during the term of this agreement.+ fl4S SYSTEMS PRICING: Negotiated Labor Rates Master Tech:$ 121.91 per hour PM $121.91 System design:$121.91 per hour Client will engage Broadcast Systems in a block of 4 hours per month at the Master Tech rate.Technicians will be billed against the monetary monthly payment listed below per the class of technician preforming work: $ 121.91 USD per month The Client will be allowed to"bank"any leftover hours each month.These hours can be used towards a capital investment type project or equipment purchase within the term of this contract,at NO additional cost per month. This"block of time/value"can be realized in several ways: 1. We will allow you to bank your time over the term of the twelve-month contract. 2. The value of the contract will be billed at the appropriate rate for the class of tech that comes on site to preform work. 3. At the end of the month, months, or bi-annual term of this contract, if there are left over hours Client may choose to use the monetary value of the left-over hours to purchase either equipment or engage in a"project with credit from the maintenance contract" Optional System Health Tracking software Total: $ 0 USD per month Explanation: Broadcast Systems will install system health monitoring software on the site devices.If any of the abovementioned devices start to have an issue or go offline,the software will notify Broadcast Systems of the problem.This software allows us at times to catch the problems before they happen. rr SYSTEMS TERMS AND CONDITIONS 1. Payment Terms: Payment is due on the 1st of every month 2. No modification, alteration, or amendment to this order shall be effective unless in a written change order signed by Client representative and acknowledged by Broadcast Systems. 3. Standard Warranty: Unless otherwise stated in writing, Broadcast Systems standard warranty covers services provided by Broadcast Systems under this Agreement as follows: i. Duration:The Standard Warranty for services provided commences the day the project is completed and continues in effect for ninety(90)days.Warranty for hardware shall extend to the lesser of twelve (12) months from the date of delivery of project or for the duration of the manufacturers' warranty. Broadcast Systems shall forward and/or transfer any and all manufacturers' warranties to the Client. Client shall register the acquired products as appropriate to gain entitlement to the warranties provided by the manufacturers. ii. Exclusions:The following exclusions apply: a. Third Party Software:The Standard Warranty does not cover third party software. Client shall rely exclusively on the warranties provided by such third parties. b. Third Party Hardware: The Standard Warranty does not cover Third Party Hardware. Client shall rely exclusively on the warranties provided by such third parties. c. Modifications: Any changes or modifications to the code or software applications(as delivered by Broadcast Systems and as determined by the code version stored by Broadcast Systems as the latest version)by client will void all warranties. d. Any leftover hours expire at the end of this agreement if not used. 4. The terms and conditions of this order shall be construed and interpreted under the laws of the State of Florida. (PIS SYSTEMS CONTRACT EXECUTION: The parties have made and executed this Agreement on the respective date under each signature: Client Nicholas M. Ehr President PIO 51010013 12 ,s/eats Date: Date: By: Broadcast Systems 290 SW 12th Avenue, Suite 1 Pompano Beach, FL 33069 AP' OVED AS.10 M !Ji O City Attorney Initials 8 ( 111111N SYSTEMS CONTRACT EXECUTION: The parties have made and executed this Agreement on the respective date under each signature: Client � Nicholas M. Ehr President Sidoa3 Date: Date: By: Broadcast Systems 290 SW 12th Avenue, Suite 1 Pompano Beach, FL 33069 AP vOVED AS 0 M GJ/4 City Attorney