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R23-016 1 RESOLUTION NO. R23-016 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING 5 UTILIZING GSA CONTRACT GS-07F-173GA AND AUTHORIZE THE CITY 6 MANAGER TO SIGN AN AGREEMENT WITH BROADCAST SYSTEMS INC 7 OF POMPANO BEACH, FL; APPROVING THE PURCHASE OF IT SERVICES 8 FOR SUPPORT AND MAINTENANCE FOR CITYWIDE CAMERAS, ACCESS 9 CONTROL, REAL TIME CRIME CENTER TECHNOLOGY AND FIRE STATION 10 2, 3, 4, 5 - CAMERAS CIP PROJECT FROM BROADCAST SYSTEMS, IN THE 11 AMOUNT OF UP TO $211,635.00;AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the city has a number of technology systems that require ongoing technical 15 support to ensure continuous operation; and 16 WHEREAS, included in those systems is a citywide Avigilon access control system that 17 provides centralized and secure access to multiple city buildings, an Avigilon security camera 18 system with cameras installed across the city, call boxes at key locations, digital signage, and 19 technical systems in the real time crime center; and 20 WHEREAS, the GSA contract complies with the City of Boynton Beach's competitive bid 21 requirements; and 22 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in 23 the best interests of the citizens and residents of the City of Boynton to approve utilizing GSA 24 contract GS-07F-173GA and authorize the City Manager to sign an Agreement with Broadcast 25 Systems Inc of Pompano Beach, FL; Approve the purchase of IT services for support and 26 maintenance for Citywide cameras, access control, Real Time Crime Center technology and Fire 27 Station 2, 3, 4, 5 - Cameras CIP Project from Broadcast Systems, in the amount of up to 28 $211,635.00. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 30 BOYNTON BEACH, FLORIDA, THAT: 31 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 33 being true and correct and are hereby made a specific part of this Resolution upon adoption 34 hereof. S:\CA\RESO\Agreements\Piggy-Back Agmts With Broadcast Systems-Reso.Docx 35 Section 2. The City Commission hereby approves utilizing GSA contract GS-07F- 36 173GA and authorize the City Manager to sign an Agreement with Broadcast Systems Inc of 37 Pompano Beach, FL; Approves the purchase of IT services for support and maintenance for 38 Citywide cameras, access control, Real Time Crime Center technology and Fire Station 2, 3, 4, 5 39 - Cameras CIP Project from Broadcast Systems, in the amount of up to $211,635.00. A copy of 40 the Piggy-back Agreement is attached hereto and incorporated herein by reference as Exhibit 41 "A". 42 Section 3. This Resolution shall become effective immediately upon passage. 43 PASSED AND ADOPTED this 7th day of February, 2023. 44 CITY OF BOYNTON BEACH, FLORIDA 45 YES NO 46 47 Mayor—Ty Penserga 48 ✓ 49 Vice Mayor—Angela Cruz 50 51 Commissioner—Woodrow L. Hay ✓ 52 53 Commissioner—Thomas Turkin 54 55 Commissioner—Aimee Kelley 56 57 VOTE 5-t 58 ATTEST: 59 61 61 , .0_• s ta -10/P fAIrAdir 62 Mayle: D esus, MPA, C Ty Pen/'a 63 City Cler Mayor 64 'p`INTDN p 65 ;k��PORAjf•'•.��' APPROVED AS TO ORM' . 66 (Corporate Seal) S�; c_"00-tris. ~' F�P'( 67c. cylv 68 ' • 69 Itt`� ••..•FL�tk�1P (, CMD. Cir •, Jr. 70 ``�•••�— City • • ey S:\CAIRESO\Agreements\Piggy-Back Agents With Broadcast Systems-Reso.Docx AGREEMENT FOR INFORMATION TECHNOLOGY RELATED SERVICES This Agreement is made as of this day of ,2023 by and between Broadcast Systems, Inc. with a principal address 290 SW 12t Avenue, Suite 1, Pompano Beach, FL 33069 and THE CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, FL 33435, hereinafter referred to as "City". RECITALS WHEREAS, in order to purchase and maintain a number of technology systems throughout the City facilities, as well as provide technical support, new installations, and infrastructure upgrades, the City's Police Department is requesting the City enter into an Agreement with Broadcast Systems, Inc. to provide Information Technology(IT)related services; and WHEREAS, Broadcast Systems, Inc. has agreed to allow the City to piggyback the General Service Administration (GSA) Schedule pursuant to Contract No. GS-07F-173 GA to provide IT related services for the contract period: 9/1/2022—08/31/2027; and NOW,THEREFORE, in consideration of the mutual covenants contained herein,and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and Broadcast Systems, Inc. agree that Broadcast Systems, Inc. shall provide IT related services based upon General Service Administration (GSA) Schedule Contract No.GS-07F-173 GA for contract period:9/1/2022—08/31/2027,a copy of which is attached hereto as Exhibit"A", except as hereinafter provided: A. All references to the General Service Administration(GSA) Schedule Contract No. GS-07F-173 GA shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: {00533394.1 306-9001821) Piggyback Contract—Broadcast Systems,Inc. 1 City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010/Facsimile: (561) 742-6090 Copy: Michael D. Cirullo,Jr., City Attorney Goren, Cherof, Doody& Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: TAX EXEMPT.Prices applicable to CITY do not include applicable state and local sales,use and related taxes.The CITY is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request CITY will provide VENDOR with proof of tax-exempt status. SOVEREIGN IMMUNITY. Nothing contained in Agreement nor contained herein shall be considered nor construed to waive CITY's rights and immunities under the common law or Section 768.28, Florida Statutes, as may be amended. BINDING AUTHORITY. Each person signing this Addendum on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing, and to bind and obligate such Party with respect to all provisions contained in this Addendum. ATTORNEY'S FEES.In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty(30)days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records,provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall {00533394.1 306-9001821} Piggyback Contract—Broadcast Systems,Inc. 2 destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor's possession All records stored electronically by Vendor must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us SCRUTINIZED COMPANIES - 287.135 AND 215.473. By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel.The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. E-VERIFY.VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. 1. Definitions for this Section: A. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other {00533394.1306-9001821} Piggyback Contract—Broadcast Systems,Inc. 3 remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E-Verify System" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E- Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty(20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. ;00533394.1306-9001821} Piggyback Contract—Broadcast Systems,Inc. 4 EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties.A facsimile signature shall constitute an original signature for all purposes. TERMINATION FOR CONVENIENCE. This Agreement may be terminated by the City for convenience, upon fourteen(14) days of written notice by the terminating party to the other party for such termination in which event the Vendor shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the Vendor abandons the Agreement or causes it to be terminated, the Vendor shall indemnify the City against loss pertaining to this termination. TERMINATION FOR CAUSE. In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Vendor of written notice of such neglect or failure. INDEMNIFICATION. Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub-subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs and expenses, including but not limited to attorneys' fees, including paralegal expenses, liabilities,damages, orders,judgements, or decrees, sustained by the City arising out of or resulting from (A) Vendor's performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor's, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor's failure to take out and maintain insurance as required under this Agreement. Vendor's shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable including appellate proceedings,and shall pay all costs,judgements,and attorneys' fees which may issue thereon.The obligations of this section shall survive indefinitely regardless of termination of Agreement. LIMITATION OF LIABILITY. Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement., regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. INDEPENDENT CONTRACTOR. The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Contractor is an independent contractor pursuant to the Agreement and shall not be considered the City's employee for any purpose. COUNTERPARTS AND EXECUTION. This Addendum may be executed by electronic signature or by hand,in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this 100533394.1 306-9001821 1 Piggyback Contract—Broadcast Systems,Inc. 5 Addendum by the Parties shall be legally binding,valid and effective upon delivery of the executed documents to the other Party through facsimile transmission, email, or other electronic delivery. COMPLIANCE WITH LAWS. Vendor hereby warrants and agrees,that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, local laws, rules and regulations, including Section 501.171, Florida Statutes. Non- compliance may constitute a material breach of the Agreement. ASSIGNMENT. In the event Agreement, and any interests granted herein shall be assigned, transferred,or otherwise encumbered,under any circumstances by Vendor,Vendor must gain prior written consent from City thirty (30) days before such transfer. For purposes of Agreement, any change of ownership of Company shall constitute an assignment which requires City's approval. Notwithstanding the foregoing, Vendor may, without City's consent, assign this Agreement in whole or in part as part of a corporate reorganization,consolidation,merger or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation, merger or sale of substantially all of its assets related to this Agreement within thirty(30) days of such event. AGREEMENT SUBJECT TO FUNDING. The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. Section 1. Entire Agreement. The Agreement and this Addendum, and any subsequent amendments or purchase orders signed by the Parties hereto shall constitute the entire understanding of the Parties. Section 2. Severability. If any provision of this Addendum or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Addendum, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Section 3. In the event that the Broadcast Systems,Inc.agreement with the General Service Administration (GSA) Schedule is amended, or terminated. Broadcast Systems, Inc. shall notify the City within ten(10) days. In the event Broadcast Systems, Inc. agreement with the General Service Administration (GSA) Schedule is amended or terminated prior to its expiration,this Contract shall remain in full force and effect, and not be deemed amended or terminated until specifically amended or terminated by the parties hereto. Section 4. Broadcast Systems, Inc. agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges, or costs, which the City determines to be more favorable than the terms in this Contract,the parties shall enter into an Addendum to provide those terms to the City. {00533394.1 306-9001821 1 Piggyback Contract—Broadcast Systems,Inc. 6 Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects,the terms and conditions of the Broadcast Systems, Inc. with the General Service Administration(GSA)schedule agreement are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. Signature Page to follow (00533394.1 306-9001821) Piggyback Contract—Broadcast Systems,Inc. 7 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA BROADCAST SYSTEMS, INC. Daniel Dugger, City 1)tlanager 11V (Signature), Company ,VI ht_IC_hb Ian Ehr Print Name of Authorized Official Title Approved as to Form: / .-: " ..._:_ — .... .1.,-1, -.*6•10 e/ L—ichael D. ' Ilo, ., ity Atto 1 .y (Corpnr.Yt(S•a1) } jr-. - ti` Attest/Authenticated: Attest-d/Authenticated: ct,r;:t5,.."-ye.-_ c.. .--' (Signature), Witn f) ,--- 4 dik ii t i a.- , _______ City Cl rk V. Print Name di ,,, o 4TO,,,,,./ye „, -, ....„0„,„......cv 'i iJ • U: ktiC�R gED: i 1920 (o033)44.1)06-1101)11:)1 Piggyback Contract.. Hrwdcaxt Systems.Inc. 14 EXHIBIT A AGREEMENT BETWEEN THE GENERAL SERVICE ADMINISTRATION(GSA) AND BROADCAST SYSTEMS INC. 100533394.1 306-9001821 I Piggyback Contract—Broadcast Systems,Inc. 9 EXHIBIT A SCOPE OF Service SERVICES: Service provided to City of Boynton Beach to include on site and on-line troubleshooting, break fix services, remote system administration services, and related software updates within the version of software. During the maintenance period, a 12/5/365 Help Desk/Troubleshooting service will be provided. Maintenance of security related systems to include security camera systems, access control systems, visitor management systems, biometric systems, call boxes,. digital signage systems, Real Time Crime Center (RTCC) systems (Hiperwall, video displays, and audio systems in the RTCC), code blue boxes, and related software associated to the operation and management of the systems covered under this contract. Proactive monthly preventative maintenance to include update of software versions, operating systems, and firmware as well as other routine activities as recommended by system manufacturers. 1. Routine Service Hours: Routine service hours are defined in the table below. 2. Remote access: The customer responsible for allowing Broadcast Systems access to its systems via secure Virtual Private Network (VPN) or equivalent connection. 3. 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. 4. Support tickets: All support tickets must be generated through the Broadcast Systems help desk. All tickets will be entailed to adminna,broadcastsystemsinc.com . Broadcast Systems will generate a ticket number and all parties will be able to track the support ticket throughout the event till resolution of service request. An additional copy of the support ticket will be forwarded to City of Boynton Beach with the support desk email address. 5. Priority Handling of Service Requests: Broadcast Systems will respond rapidly to routine service calls on a priority basis. Calls and tickets received prior to 8:OOAM EST/EDT on normal business days arc 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 arc handled with priority status and responded to no later than close of business on the following business day. 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 8 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 iii. Holidays: New Year's Day,Good Friday,Memorial Day,Independence Day,Labor Day, 3x Hourly Thanksgiving Day and day after,Christmas Day Rate iv. ) Minimum Time Billing for EmergencyCalls 2x Hours v. Time Billing Increment in Excess of Minimum Time .5 hour EXHIBIT B AGREEMENT BETWEEN GENERAL SERVICE ADMINISTRATION(GSA) SCHEDULE AND BROADCAST SYSTEMS 6. Emergency Response Service: This 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, 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 twelve (12) hours. The work effort will be continuous until the response requirement is satisfied, and/or as directed by the customer. 7. Battery Tracking Program: This includes tracking the age of batteries used in the system. Broadcast Systems will advise the Customer 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 customer. 8. Parts and Equipment Coverage: Equipment and/or material that needs to be replaced that are not covered by manufacture warranty will be purchased: All Shop Materials Sold at Cost + 10% (I.E. Home Depot, Lowes, Electrical Supply, Amazon). items such as a man lifts or bucket trucks are not included and, if required, will he charged separately at cost. 9. 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 customer. 10. Communications: The contractor or his/her representative will meet with the City's contract administrator at least every other week to discuss schedules, problems, needs, and mutual areas of concern. Service Hours 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 9:00AM and 5:00PM EST/EDT). i. 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. iii. Time Billing Increment in Excess of Minimum Time 0.5 Hour AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1.CONTRACT ID CODE PAGE OF PAGES 1 12 AMENDMENT/MODIFICATION NUMBER 3.EFFECTIVE DATE 4.REQUISITION/PURCHASE 5.PROJECT NUMBER(If applicable) P(?-0064 Sep 01, 2022 REQUISITION NUMBER MAS 6.ISSUED BY CODE 7.ADMINISTERED BY(If other than Item 6) CODE General Services Administration 777AFORSYTHOSE FORSYTH ST SW FAS, Greater Southwest Acquisition Center (7FC) ATLANTA, GA 30303 819 Taylor Street, Rm 6A06 Fort Worth, TX 76102 8.NAME AND ADDRESS OF CONTRACTOR(Number,street,county,State and ZIP Code) (X) 9A AMENDMENT OF SOLICITATION NUMBER ER TECH SYSTEMS GROUP INC. 290 SW 12TH AVE 9B.DATED(SEE ITEM 11) STE 1 POMPANO BEACH, FL 330693214 10A.MODIFICATION OF CONTRACT/ORDER NUMBER GS-07F-173GA X 10B.DADTED(SEE TTEM 13) Sep I ronE A(:II ITY COIF 11.THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date is extended is not extended. specified for receipt of Offers Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended,by one of the following methods: (a)By completing items 8 and 15,and returning copies of the amendment;(b)By acknowledging receipt of this amendment on each copy of the offer submitted;or(c)By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers.FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER.If by virtue of this amendment you desire to change an offer already submitted,such change may be made by letter or electronic communication,provided each letter or electronic communication makes reference to the solicitation and this amendment.and is received prior to the opening hour and date specified. 12.ACCOUNTING AND APPROPRIATION DATA(If required) 13.THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14 CHECK ONE A.THIS CHANGE ORDER IS ISSUED PURSUANT TO:(Specify authority)THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NUMBER IN ITEM 10k X B.THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES(such as changes in paying office,appropriation data,etc.)SET FORTH IN ITFM 14 Pl1RSlIANT TO THF AUTHORITY OF FAR 43 103(b) Type of contract modifications Unilateral C.THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D.OTHER(Specify type of modification and authority) E. IMPORTANT: Contractor: x is not is required to sign this document and return_copies to the issuing office. 14.DESCRIPTION OF AMENDMENT/MODIFICATION(Organized by UCF section headings,including solicitation/contract subject matter where feasible.) a. The option is hereby exercised to extend the term of the contract. The period of performance is from 09/01/2022 to 08/31/2027. b. The pricing during this option period (unless modified IAW other contract terms) will be based on the following approved price list (s) : Attachment A - CPL Annotated, effective 06/21/2022, Mod P0070 Fxrept as provided herein all terms and conditions of the document referenced in Item 9A CQrataititut forg7$Kit3ltCrl Rgoijii,tochangerl and in hill force and effect 15A.NAME AND TITLE OF SIGNER(Type or print) 16A.NAME AND TITLE OF CONTRACTING OFFICER(Type or print) GSA Initiated Mod James Watkins 15B.CONTRACTOR/OFFEROR 15C.DATE SIGNED 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED Signature Not Required By Signed electronically See above Jun 23, 2022 (SinnaUue of nerson authorized to sinnl (Signature of Contraction Officer) STANDARD FORM 30(REV.11/2016) PREVIOUS EDITION UNUSABLE Prescribed by GSA FAR(48 CFR)53.243 Continuation of Description. . . c. The price discount relationship remain as follows: ER Tech Systems Group, Inc. s Most Favored Customers (MFC) are "The Experience Auto Group" however, the Basis of Award is "State and Local Governments". The price/discount relationship between the Government and the BOA will never be less favorable to the Government than at the time of award, that is: For the life of the contract, the Government and BOA s, which are "State and Local Governments", basic discount relationship by model will always be maintained as reflected on Attachment C-Price Proposal Spreadsheet. d. The Economic Price Adjustment (EPA) Clause 552.216-70 applies to all items on this contract. e. The current terms and conditions in effect for this option period are as follows: Basic Discount - Products: Range of 20%-32%; Services: 20% Quantity/Volume Discount - Contact Contract Administrator Payment Terms - Net 30 Normal Delivery Terms - 14-30 DARO for Avigilon Products, 60 DARO for Salto Products Expedited Delivery Terms - Contact Contractor FOB Terms - Destination Warranty - Standard Commercial Warranty Minimum Order - None for Avigilon, $100 for SALTO Foreign Items - Yes f. This modification incorporates the re representation of size status (FAR 52.212-3( c into this contract. g. The Industrial Funding Fee (IFF) is a separate collection mechanism and any increase or decrease in the fee does not change the price discount relationship stated above. The current IFF is .75% and should be calculated as follows: Negotiated price divided by (1 minus .0075) which equates to Negotiated price divided by 0.9925. Example: ($100,000 / 0.9925) = $100,755.67 This modification is issued at no cost to either party. All other terms and conditions remain in effect as originally accepted or subsequently changed by modification. H Y H T E M H ER Tech Systems Group Inc. On-line access to contract ordering information,terms and conditions,up-to-date pricing,and the option to create an electronic delivery order are available through GSA Advantage!,a menu-driven database system. The Internet address for GSA Advantage! is:http://www.gsaadvantage.gov SCHEDULE 84:Total Solutions for Law Enforcement, Security, Facilities Management, Fire, Rescue, Special Purpose Clothing, Marine Craft, and Emergency/Disaster Response CONTRACT: GS-07F-173GA VALID:09/01/2017—08/31/2022 Contractor: ER Tech Systems Group Inc. Dba: Broadcast Systems Address: 290 SW 12th Avenue, Suite 1 Pompano Beach, FL 33069 Office: (561) 578-4964 Fax: (561) 658-0360 Website: www.broadcastsystemsinc.com Email: GSA@broadcastsystemsinc.com Point of Contact: Nicholas Ehr nick@broadcastsystemsinc.com Contract Admin: Pascale Ozelie pascale@broadcastsystemsinc.com BROADCAST SYSTEMS 1 GS-07F-173GA GSA AWARDED TERMS AND CONDITIONS 1) AWARDED SINS: 334512—Total Solution Support Products for Facilities Management Systems/Subject to Cooperative Purchasing 541330L—Security System Integration, Design, Management, and Life Cycle Support/Subject to Cooperative Purchasing 334290L— Physical Access Control Systems (PACS)/Subject to Cooperative Purchasing 561210SB—Smart Buildings Systems Integrator/Subject to Cooperative Purchasing OLM—Order-Level Materials 2) MAX ORDER GUIDELINES: 334512 - $250,000 5413301 - $250,000 334290L - $250,000 561210SB - $1,000,000 3) MINIMUM ORDER LIMITS: No minimum order. 4) GEOGRAPHIC COVERAGE: 334512- Worldwide 5413301—48 States, DC 334290L-Worldwide 561210SB-48 States, DC 5) POINT OF PRODUCTION: Contact contract administrator for a complete list of production points. 6) BASIC DISCOUNT FROM LIST: Prices shown are net discount. 7) VOLUME DISCOUNT: Contact contract administrator for volume discount. 8) PROMPT PAYMENT DISCOUNT: None 9) GOVERNMENT PURCHASE CARDS: Government Purchase Cards are accepted at or below the micro-purchase threshold Government Purchase Cards are not accepted above the micro-purchase threshold 10) FOREIGN ITEMS: All products are in compliance with the Trade Agreements Act. 11) TIME OF DELIVERY: Standard Delivery: 7 to 14 DARO Expedited Delivery: Contact Administrator for Rates BROADCAST SYSTEMS 2 GS-07F-173GA 12) FOB POINT: FOB Destination, Shipping included in price 13) ORDERING: Ordering address—Same as contractor address Ordering Procedures - For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA's) are found in FAR 8.405-3 14) PAYMENT ADDRESS: 290 SW 12th Avenue, Suite 1, Pompano Beach, FL 33069 15) WARRANTY PROVISION: Contact contract administrator for warranty information. 16) EXPORT PACKING CHARGES: N/A 17) TERMS AND CONDITIONS OF GVT PURCHASE CARD ACCEPTANCE: Accepted at and below the micro-purchase threshold 18) TERMS AND CONDITIONS OF RENTAL, MAINTENANCE,AND REPAIR: N/A 19) TERMS AND CONDITIONS OF INSTALLATION: N/A 20) TERMS AND CONDITIONS OF REPAIR PARTS: N/A 21) TERMS AND CONDITIONS FOR ANY OTHER SERVICES: N/A 22) LIST OF SERVICES DISTRIBUTION POINTS: N/A 23) LIST OF PARTICIPATING DEALERS: N/A 24) PREVENTATIVE MAINTENANCE: N/A 25a) SPECIAL ATTRIBUTES: N/A b) SECTION 508: N/A 26) DUNS NUMBER: 079637089 27) NOTIFICATION REGARDING SAM: SAM Registration valid and current. 28) CAGE CODE: 7C6T7 BROADCAST SYSTEMS 3 GS-07F-173GA SERVICE PRICE LIST 561210SB Project Manager Per Hour $110.83 Labor rate for Project Manager Master Technician Per Hour $110.83 Labor rate for installation & services Access Control and Surveillance Systems System Design Engineer Per Hour $110.83 Labor rate for design & programming 541330L Project Manager Per Hour $110.83 Labor rate for Project Manager Master Technician Per Hour $110.83 Labor rate for installation & services Access Control and Surveillance Systems System Design Engineer Per Hour $110.83 Labor rate for design & programming BROADCAST SYSTEMS 4 GS-07F-173GA