Ordinance No. 14,692ORDINANCE NO. 14,692
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE AGREEMENT FOR THE PURCHASE, INSTALLATION, AND
IMPLEMENTATION OF THE BRYX FIRE STATION ALERTING SYSTEM AT THE
FIRE TRAINING CENTER AND NINE (9) OTHER LOCATIONS, INCLUDING (7)
FIRE STATIONS, SOUTH COMMAND, AND THE FIRE DISPATCH CENTER;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT
TO EXCEED FOUR HUNDRED THOUSAND AND NOi 100 DOLLARS
($400,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to an agreement for the purchase,
installation, and implementation of the Bryx Fire Station Alerting System at the Fire Training Center and
nine (9) other locations, including (7) fire stations, South Command, and the Fire Dispatch Center. A
copy of said agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and
purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Bryx, Inc.,
in an amount not to exceed FOUR HUNDRED THOUSAND AND NO.'100 DOLLARS for the system
and scope of work specified in the agreement authorized in Section 1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by FIFTY THOUSAND AND NO:100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent
(25%).
Section 4: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the a vote o the City cil of the City of
Baytown this the 25" day of March, 2021.
it
BRANDON CAPETILLO, M or
ATTEST: .,
BRYSCH, City
APPROVED AS TO
OF
KAREN ORNER, City Attorney
RAKaren Homer.Documents\FileslCity Council Ordinances\2021\March 25 BryxFireStationAlertingSystem.doc
Exhibit "A"
PURCHASE, INSTALLATION, AND IMPLEMENTATION
AGREEMENT FOR THE FIRE STATION ALERTING SYSTEM
STATE OF TEXAS
KNOWN BY THESE PRESENTS:
COUNTY OF HARRIS
This Purchase, Installation, and Implementation Agreement for the Fire Station Alerting
System (the "Agreement") is made this _ day of , 2021 (the "Effective
Date"), by and between the City of Baytown, Texas, a home -rule municipality located in Harris
and Chambers Counties, Texas, (the "City") and Bryx, Inc., a Delaware corporation ("Bryx"). The
City and Bryx do hereby make and enter into the following agreement:
1. Bryx Responsibilities.
1.1 Bryx, as an independent contractor, covenants and agrees to perform install and
implement the fire station alerting system in accordance with the scope of work
described in Exhibit "A," which is attached hereto and incorporated herein for all
intents and purposes (the "Alerting System").
1.2 Bryx shall provide all services for the proper function of the Alerting System in
accordance with the terms of this Agreement and for the consideration herein stated.
Bryx covenants and agrees to perform the services in a professional manner.
1.3 Bryx shall complete the scope of work within the thirty-one (31) calendar days from
the Effective Date in accordance with the following timeline:
Days 1-3: Walkthroughs
Bryx's installers will walk through three (3) stations each day to
review current PA systems, speakers, network closets, and
positioning of monitors, turnout timers, and lights.
Days 3: Progress Meeting
Following the walkthrough, Bryx will review findings and notes on
floor plans and have a progress meeting to update the City's chiefs
and project managers on the installation plan.
Days 4-30: Installation and Testing
Bryx's installers will spend three (3) days at each station installing
the Bryx Station Alerting System without disrupting the City's
workflows or current systems in use. All hardware/software shall be
thoroughly tested at the end of installation.
F rchase. Installation, and Implementation Agreement. Page 1
Day 31: Progress Meeting
After installation and testing are complete, Bryx will confirm with
City's Chiefs and project managers that installation went as planned,
answer any questions, and ensure that Bryx can go live with the
system.
DU 31: Go Live
Baytown's current system will be stopped and all stations will go
live with the Bryx Station Alerting System simultaneously.
1.4 Throughout the installation and implementation of the Project, Bryx shall provide
its services under this Agreement with the same degree of care, skill and diligence
as is ordinarily provided under similar circumstances.
1.5 Bryx represents that it has or will secure, at its own expense, all personnel required
in performing the work and services under this Agreement. Such personnel shall
not be employees of or have any contractual relationship with the City.
1.6 Bryx may contract with subcontractors for portions of the work or services under
this Agreement only with the prior written approval of the City. All work or
services subcontracted hereunder shall be specified by a written agreement and
shall be subject to the provisions of this Agreement.
City Responsibilities.
2.1 To the extent authorized by law, the readily available existing data and
documentation that are relevant to the accomplishment of the Project shall be made
available by the City for use by Bryx upon request. However, in providing such
data and documentation, the City makes no warranty as to the accuracy or reliability
of the same. The format in which the existing data and documentation will be
provided shall be at the sole discretion of the City.
2.2 The City shall consider and act on all documents and work items submitted by Bryx
that require review, comments or approval by the City within a reasonable period
of time so as to enable Bryx to complete the work on schedule as provided in
Section 1.3.
2.3
The City shall compensate Bryx for the work and services performed under this
Agreement. For the services performed pursuant to this Agreement, the City shall
pay Bryx an amount not to exceed FOUR HUNDRED TWENTY-TWO
THOUSAND FIVE HUNDRED AND NO1100 DOLLARS ($422,500.00) based
upon the following:
Purchase. Installation. and Implementation Agreement, Page 2
Description
Qty
Rate
Total
(Station Control Unit, UPS, Light Bridge, HDMI Ext. Kit, POE
Switch)
(Heart Smart Ramping Tones, Text -to -Speech, 36 lightlink lightstrips,
9 GPIOs to control bay doors, stoves, new amp and mixer for zoned
alerting)
_
BSMNT - Bryx Station Yearly Service and Maintenance
at the 9 locations Year 1
9
$2,500.00
$22,500.00
(includes all software, software upgrades, 24n support and a lifetime
1001% warranty on each station control unit
INSTALLATION of the Bryx Station Alerting System
I
$30,000.00
$30,000.00
for all 9 locations
Subtotal
$277 500.00
Description
Qty
Rate
Total
BSCP-01 - Bryx Station Control Package
(Station Control unit, UPS, Light Bridge, HDMI Ext, Kit, POE
Switch)
1
$25,000.00
$25,000.00
(Heart Smart Ramping Tones, Text -to -Speech, 4 lightlink lightstrips,
I GPIO to control bay doors, stoves, new amp and mixer for zoned
alertin
BSMNT - Bryx Station Yearly Service and Maintenance
1
$2,500.00
$2,500.00
Year I
INSTALLATION of the Bryx Station Alerting System
I
1 $5,000.00
$5,000.00
Subtotal
$32 00.00
I13Description t Rate
TotalSMNT
— Bryx Station Yearly Service and Maintenance9
$2,500.00
$22,500.00
Year I
BSMNT — Bryx Station Yearly Service and Maintenance
9
$2,500.00
$22,500.00
— Year 2 _
9
$2,500.00
$22,500.00
BSMNT — Bryx Station Yearly Service and Maintenance
— Year 3
BSMNT — Bryx Station Yearly Service and Maintenance
9
$2,500.00
$22,500.00
— Year 4
9
$2,500.00
$22,500.00
BSMNT - Bryx Station Yearly Service and Maintenance
Year 5
_
Subtotal
$1112 00.00
2.4 Bryx shall invoice the City for the work and services once the same are complete
and accepted by the City. Each invoice shall be certified as true and correct by an
officer of Bryx. Each invoice is due and payable by the City within thirty (30) days
following the date of its receipt by the City or within thirty (30) days of receipt of
the invoiced goods and services, whichever is later. However, the City shall not be
obligated to pay the full amount of an invoice if there is a dispute in the bill tendered
by Bryx to the City for payment. In such case, the City shall pay only the
undisputed amount. The cumulative amount of the invoices for the service
requested issued pursuant to this Agreement shall not exceed the maximum fee
specified in Section 2.3.
Purchase, Installation, and Implementation Agreement, Page 3
2.5 This Agreement is expressly contingent upon sufficient appropriations and
authorization being made by the City for the performance of this Agreement. If at
any time during the period of performance under this Agreement the City does not
make sufficient appropriations and authorizations, this Agreement shall terminate
upon written notice being given by the City to Bryx. The City's decision as to
whether sufficient appropriations are available shall be accepted by Bryx and shall
be final.
Product of Services/Copyright.
3.1 Bryx and the City mutually agree that tangible materials specifically prepared or
developed by Bryx for the City under the terms of this Agreement and identified as
a deliverable on an applicable statement of work or purchase order (each a
"Deliverable") shall be delivered to and become the property of the City.
3.2 Bryx shall retain all rights, title, and interest in and to all copyright, trademark and
other intellectual property rights therein; and all methodologies, processes,
techniques, ideas, concepts, trade secrets and know-how embodied in the
Deliverables or that Bryx may develop or supply in connection with this Agreement
(the "Bryx Knowledge"). To the extent that any Bryx Knowledge is incorporated
into the Deliverables, Bryx grants to the City a non-exclusive, paid up, perpetual
royalty -free worldwide license to use such Bryx Knowledge in connection with the
Deliverables, and for no other purpose without the prior written consent of Bryx.
3.3 Bryx hereby grants and conveys an ownership interest to the City in all Deliverables
created under this Agreement without additional compensation.
4. Changes and Termination.
4.1 This Agreement may not be altered, changed or amended except by instrument in
writing executed by the parties hereto.
4.2 The City may, from time to time, request changes in the scope of work and time of
performance for the services of Bryx to be performed hereunder. Such changes,
including any increase or decrease in the amount of Bryx's compensation, which
are mutually agreed upon by and between the City and Bryx, shall be incorporated
in written amendments to this Agreement.
4.3 This Agreement, with the exception of the indemnity, release and tail coverage
required in Section 5, and the service and maintenance required herein may be
terminated before the Go Live date specified in Section 1.3 by any of the following
conditions:
a. Right of either party to terminate for cause. This Agreement may be
terminated by either of the parties hereto for failure by the other party to
perform in a timely and proper manner its obligations under this Agreement.
Purchase. Installation. and Implementation Agreement Page 4
A signed written notice of such termination shall be delivered to the other
party by registered or certified mail, and such termination shall take effect
thirty (30) days after the notice is deposited in the mail; provided that the
failure to perform has not been remedied in full prior to the expiration of
the thirty (30) day period. By such termination, either party may nullify
obligations already incurred for the performances or failure to perform
before the termination date.
b. Right of the City to terminate for convenience. This Agreement may also
be terminated by the City for reasons other than failure by Bryx to perform
in a timely and proper manner its obligations under this Agreement. A
signed, written notice of such termination shall be delivered to Bryx by
registered or certified mail, and such termination shall take effect not less
than seven (7) days following the date that the notice is deposited in the
mail or at 5:00 p.m. on the date the notice is received by Bryx, whichever
is sooner.
4.4 Upon receipt of a notice of termination under any of the conditions under Section
4.3, Bryx shall, unless the notice otherwise directs, immediately discontinue all
services in connection with the performance of this Agreement. Within thirty (30)
days after the conditions specified in Section 4.3 being met or within thirty (30)
days after Bryx submits a statement of the actual services performed and payment
is requested, or within thirty (30) days after the City's receipt of all data, study
products and all other work products required to be tendered to the City, whichever
is later, the City shall pay Bryx allowable costs incurred, less previous payments.
The City will only be obligated to compensate Bryx in a just and equitable manner
for those services actually performed prior to the effective date of termination. All
completed data, study products and all other work product prepared by Bryx under
this Agreement shall be delivered to the City within thirty (30) days after the receipt
of the notice of termination if terminated by the City or within thirty (30) days after
tendering the notice of termination if terminated by Bryx.
4.5 Notwithstanding the provisions of Section 4.3 above, Bryx shall not be relieved of
liability to the City for damages sustained by the City by virtue of any negligent act
or omission or any breach of the Agreement by Bryx resulting in injury to or death
or any person, or damage to any tangible personal property.
5. Insurance and Indemnification.
5.1 Throughout the term of this Agreement, Bryx, at its own expense, shall purchase,
maintain and keep in full force and effect insurance against claims for injuries to or
death of persons or damages to property which may arise out of or resulting from
Bryx's services, whether such services be by Bryx, its agents, representatives,
volunteers, employees or subcontractors or by anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable.
Purchase. Installation. and Implemenution Agreement Page 5
5.2 Bryx's insurance coverage shall be primary insurance with respect to the City, its
officers, agents and employees. Any insurance or self-insurance maintained by the
City, its officials, agents and employees shall be considered in excess of Bryx's
insurance and shall not contribute to it. All coverage for subcontractors shall be
subject to all of the requirements stated herein.
5.3 The insurance coverage herein shall, at a minimum, meet the following
requirements:
a. Commercial General Liability
■ General Aggregate: $1,000,000
■ Per Occurrence: $500,000
■ Coverage shall be broad form CGL
■ No coverage shall be deleted from standard policy without
notification of individual exclusions being attached for
review and acceptance
■ Waiver of Subrogation required.
b. Business Automobile Policy
■ Combined Single Limits: $1,000,000
■ Coverage for "Any Auto"
■ Waiver of Subrogation required.
C. Workers' Compensation
■ Statutory Limits
■ Employer's Liability $1,000,000
■ Waiver of Subrogation required.
5.4 Prior to any work being performed on the site, Bryx shall file with the City valid
certificates of insurance and endorsements acceptable to the City. Should coverage
afforded under the policies be canceled, suspended, voided, or reduced, Bryx shall
provide at least thirty (30) days' prior written notice (or ten (10) days' prior written
notice for cancellation due to non-payment of premiums) to the City via certified
mail, return receipt requested.
5.5 Bryx shall also file with the City valid certificates of insurance covering all
subcontractors.
5.6 The following are general requirements applicable to all policies:
a. All liability policies shall have an AM Best Rating of A-: VII or better.
b. Insurance carriers licensed and admitted to do business in the State of Texas
will be accepted.
C. The City, its officers, agents and employees are to be added as Additional
Insureds to all liability policies.
Purchase. Installation. and Implementation Agreement. Page 6
5.7
d. Upon request of and without cost to the City, certificates of insurance shall
be furnished to the City's representative. Certificates of insurance showing
evidence of insurance coverage shall be provided to the City's representative
prior to any work being performed at the site.
BRYX AGREES TO AND SHALL INDEMNIFY AND HOLD
HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED
TO AS THE "CITY") FROM AND AGAINST ANY AND ALL
CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS
AND LIABILITY OF EVERY KIND, INCLUDING ALL
EXPENSES OF LITIGATION, COURT COSTS, AND
ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY
PERSON, FOR DAMAGE TO ANY PROPERTY, OR FOR ANY
BREACH OF CONTRACT, ARISING OUT OF OR IN
CONNECTION WITH THE MATERIALS SUPPLIED AND
SERVICES PERFORMED BY BRYX CAUSED, IN WHOLE OR
IN PART, BY THE CONCURRENT NEGLIGENCE OF THE
CITY AND BRYX AND/OR CAUSED BY THE SOLE OR JOINT
NEGLIGENCE OF BRYX. IT IS THE EXPRESS INTENTION
OF THE PARTIES HERETO, BOTH BRYX AND THE CITY,
THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH IS INDEMNITY BY BRYX TO INDEMNIFY
AND PROTECT THE CITY FROM THE CONSEQUENCES OF
THE CITY'S OWN NEGLIGENCE, WHERE THAT
NEGLIGENCE IS A CONCURRING CAUSE WITH THAT OF
BRYX OF THE INJURY, DEATH OR DAMAGE AND FROM
THE CONSEQUENCES OF BRYX'S OWN NEGLIGENCE,
WHERE THAT NEGLIGENCE IS THE SOLE OR
CONCURRING CAUSE OF THE INJURY, DEATH, OR
DAMAGE. SUCH INDEMNITY SHALL NOT APPLY,
HOWEVER, TO LIABILITY ARISING FROM THE INJURY,
DEATH, OR DAMAGE OF PERSONS THAT IS CAUSED BY
OR RESULTS FROM (I) THE SOLE NEGLIGENCE OF THE
CITY OR (II) THE CONCURRENT NEGLIGENCE OF THE
CITY IF BRYX IS NOT JOINTLY NEGLIGENT. IN THE
EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT
AGAINST THE CITY FROM WHICH THE CITY IS
INDEMNIFIED, BRYX FURTHER AGREES AND
Purchase, Installation, and Implementation AgLeement. Page 1
COVENANTS TO DEFEND THE ACTION OR PROCEEDING
BY LEGAL COUNSEL ACCEPTABLE TO THE CITY.
The indemnity provided hereinabove shall survive the termination and/or
expiration of this Agreement.
5.8 By this Agreement, the City does not consent to litigation or suit, and the City
hereby expressly revokes any consent to litigation that it may have granted by the
terms of this Agreement or any other contract or agreement, any charter, or
applicable state law. Nothing herein shall be construed so as to limit or waive the
City's sovereign immunity. Bryx assumes full responsibility for its work and
services performed hereunder and hereby releases, relinquishes and discharges the
City, its officers, agents, and employees from all claims, demands, and causes of
action of every kind and character, including the cost of defense thereof, for any
injury to or death of any person (whether they be either of the parties hereto, their
employees, or other third parties) and any loss of or damage to tangible personal
property (whether the property be that of either of the parties hereto, their
employees, or other third parties) that is caused by, arising out of, or in connection
with Bryx's work and/or services to be performed hereunder. This release shall
apply with respect to Bryx's work and/or services regardless of whether said claims,
demands, and causes of action are covered in whole or in part by insurance.
6. Miscellaneous.
6.1 Neither the City nor Bryx shall be required to perform any term, condition or
covenant of this Agreement while such performance is delayed or interrupted by
acts of God, material or labor restrictions by any governmental authority, civil riot,
flood, hurricanes or other natural disasters, any other cause not within the control
of the City or Bryx that by the exercise of due diligence the City or Bryx is unable
to wholly or in part, prevent or overcome and supersedes all prior agreements and
understandings between City and Bryx concerning the subject matter of this
Agreement. Any such delay in performance shall be excused only for the same
amount of time as the occurrence giving rise to the delay shall have lasted or such
period of time as is reasonably necessary after such occurrence abates for the effects
thereof to have dissipated as determined in the sole discretion of the City.
6.2 This Agreement constitutes the entire agreement between the City and Bryx and
supersedes all offers, negotiations, and other agreements of any kind. There are no
representations or understandings of any kind not set forth herein. No agreements,
amendments, modifications, implied or otherwise, shall be binding on any of the
parties unless set forth in writing and signed by both parties.
6.3 If one or more of the provisions of this Agreement or the application of any
provision to any party or circumstance is held invalid, unenforceable or illegal in
any respect, the remainder of this Agreement and the application of the provision
to other parties or circumstances shall remain valid and in full force and effect.
Purchase. Installation. and Implementation Agoeement. Page 8
6.4 Any notice required to be given pursuant to the terms and provisions of this
Agreement shall be in writing and shall be mailed by certified or registered mail
addressed as set forth below or at such other address as may be specified by written
notice:
BRYX:
CITY:
Bryx, Inc.
Attn: David Thomas, President and CEO
120 East Avenue, Suite 300
Rochester, NY 14604
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
6.5 The waiver by either party of a breach of any provision of this Agreement shall not
constitute a waiver of any subsequent breach of this Agreement.
6.6 Bryx shall not assign any interest in this Agreement and shall not transfer any
interest in the same without the prior written consent of the City thereto.
6.7 This Agreement shall not bestow any rights upon any third party, but rather, shall
bind and benefit Bryx and the City only.
6.8 The parties agree that this Agreement shall not be construed in favor of or against
any party on the basis that the party did or did not author this Agreement.
6.9 The City and Bryx each bind itself and its successors, executors and administrators
and assigns of such other parties, in respect to all covenants of this Agreement.
Nothing herein shall be construed as creating any personal liability on the part of
any officer, board member, commissioner, employee or agent of the City.
6.10 Bryx, at such times and in such forms as the City may require, shall furnish the City
such periodic reports as it may request pertaining to the work or services undertaken
pursuant to this Agreement.
6.11 Each provision and clause required by law to be inserted into the Agreement shall
be deemed to be included herein, and this Agreement shall be read and enforced as
though each were included herein. If, through mistake or otherwise, any such
provision is not inserted or is not correctly inserted, the Agreement shall be
amended to make such insertion on application by either party.
Purchase. Installation. and Implementation Aeement. Page 9
6.12 The failure on the part of any party herein at any time to require the performance
by the other party of any portion of this Agreement shall not be deemed a waiver
of or in any way affect that parry's rights to enforce such provision or another
provision in the future. Any waiver by any party herein of any provision hereof
shall not be taken or held to be a waiver of any other provision hereof or any other
breach hereof.
6.13 Any and all representations and conditions made by Bryx under this Agreement are
of the essence of this Agreement and shall survive the execution, delivery and
termination of it, and all statements contained in any documents required by the
City, whether delivered at the time of execution or at a later date, shall constitute
representations hereunder.
6.14 This Agreement is performed in Harris County, Texas, and is subject to all
applicable Federal and State laws, statutes, codes, and any applicable permits,
ordinances, rules, orders and regulations of any local, state or federal government
authority having or asserting jurisdiction.
6.15 In the performance of this Agreement, Bryx will not discriminate against any
employee or applicant for employment because of race, color, religion, age, sex or
national origin. Bryx will, in all solicitations or advertisements for employees
placed by or on behalf of it, state that it is an equal opportunity employer.
6.16 Notwithstanding anything to the contrary contained in this Agreement, the City and
Bryx hereby agree that no claim or dispute between the City and Bryx arising out
of or relating to this Agreement shall be decided by any arbitration proceeding,
including, without limitation, any proceeding under the Federal Arbitration Act (9
U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not
limited to, the Texas General Arbitration Act, provided that in the event that the
City is subjected to an arbitration proceeding notwithstanding this provision, Bryx
consents to be joined in the arbitration proceeding if Bryx's presence is required or
requested by the City for complete relief to be recorded in the arbitration
proceeding.
6.17 It is understood and agreed that this Agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all purposes.
6.18 The parties acknowledge that they have read, understand and intend to be bound by
the terms and conditions of this Agreement.
6.19 The section headings are used in this Agreement for convenience and reference
purposes only and are not intended to define, limit or describe the scope or intent
of any provision of this Agreement and shall have no meaning or effect upon its
interpretation.
Purchase. Installation. and Implementation Agreement. Page 10
6.20 Words of any gender used in this Agreement shall be held and construed to include
any other gender, and words in the singular number shall be held to include the
plural, and vice versa, unless context requires otherwise.
6.21 The officers executing this Agreement on behalf of the parties hereby confirm that
such officers have full authority to execute this Agreement and to bind the party
he/she represents.
IN WITNESS WHEREOF, the undersigned have executed this Agreement effective the
date first referenced hereinabove.
CITY OF BAYTOWN
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
KAREN L. HORNER, City Attorney
Bryx, Inc.
DAVID4f1OMAS, President and CEO
STATE OF Iv0\)jql)(k- §
COUNTY OFAd 0 t §
Before me, f IU, the undersigned notary public, on this day personally
appeared David Thomas, as Pres5dent and CEO of Bryx, Inc.,
r/ known to me;
proved to me on the oath of ; or
Purchase, Installation and Implementation Agreement, Page 1 I
proved to me through his/her current '50 -r 6 6 m o
(description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person)
(check one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she, for and on behalf of such corporation, executed this instrument for the purposes and
consideration herein expressed.
Given under my hand and seal of office this M day of Ma rr h , 2021.
Notky Public in and for4the fate f k
My commission expires: Z7�
KAREN M.8PINELLO
Nol> Y PUNG, Stm of New Y**
Na 018POO74NO
Que MW 1n Monroe COU*
My Co MIWon expires on May 2% 2OZ,Z
P—Waren Homer\Documents\Files\.Contmcts\Bryx\Porchase and Installation Agmement dom
Purchase. Installation, and Implementation Agreement. Page 12
EXHIBIT A
Scope of Work
General
Bryx shall provide a complete fire alerting system, including all components and service at the
following locations within the City of Baytown:
Fire Station 1:...................................................................................4723 Garth Rd.
Fire Station 2:..................................................................................2323
Market St.
Fire Station 3:...............................................................3311 Massey Tompkins Rd.
Fire Station 4:...............................................................................910 E. Fayle Ave.
FireStation 5:...............................................................................7722
Bayway Dr.
Fire Station 6:...........................................................................10166 Pinehurst Dr.
Fire Station 7:..........................................................................7215
Eastpoint Blvd.
South Command: ............................................................................. 109 S. Main St.
Fire Dispatch Center: ....................................................................
7800 N. Main St.
Fire Training Center: ....................................................................
7022 Bayway Dr.
Bryx shall provide all necessary supplies for a complete, professional installation, including, but
not limited to, wiring, cables, connections, LED configurable light strips, LED bulbs, monitors,
displays, speakers, power supplies, racks and fasteners. All equipment and supplies shall be new
and include a system, parts and material warranty. Additionally, Bryx shall provide maintenance
on the system, parts and materials for (5) years after installation.
Specifications
Bryx shall meet or exceed each of the specifications listed below as indicated in its commitment
to the City:
1. System must be compatible with Versaterm Dispatch Software.
Bryx Commitment: The Bryx Station Alerting System is compatible with Versaterm
Dispatch Software.
2. Redundant Encrypted data transfer.
Bryx Commitment: Data sent between devices is encrypted using TLS 1.2, and is
encrypted at rest using AES 256. All data is stored in geographically
dispersed databases. Each database is encrypted at rest and accessed
only with Salted Challenge Response Authentication Mechanism
(SCRAM).
3. Must include digital/automated voice dispatching.
➢ Dispatch text -to -speech voicing must be sent over both 800 and VHF radio systems.
➢ Stations must be alerted by text -to -speech voicing through the Fire Station Control
Unit Computer through the station's PA system.
➢ Calls must be dispatched as follows (omitting business name and/or unit number if
left blank):
■ Apparatus - Nature - Business Name (if applicable) -Unit Number (if
applicable) - Address with closest cross street - Assigned TAC Channel
• EXAMPLE: Engine 3, a mobile home fire, Bramor Mobile Home
Park, Trailer 4,2720 Massey Tompkins near Hardin, respond on
Fire 2.
Bryx Commitment: Bryx utilizes Neural Text -to -Speech (NTTS) technologies to read
job information aloud over the PA system, delivering lifelike speech
quality. The text -to -speech readouts will be sent over both 800 and
VHF radio systems. Stations will be alerted by text -to -speech
announcements through the Bryx Station control unit through the
station's PA system. Calls will be dispatched as follows: apparatus,
nature, business name (if applicable), unit number (if applicable),
address with closest cross streets, and assigned TAC channel.
4. Must have user defined "shortcuts" that the dispatcher can use to have system announce
certain terms.
o Examples:
■ LEO - Law Enforcement on scene
■ STG - Stage for Law Enforcement
■ APT - Apartment
Bryx Commitment: Bryx utilizes Neural Text -to -Speech (NTTS) technologies to read
job information aloud over the PA system, delivering lifelike speech
quality. Bryx software will perform natural language processing to
recognize dispatcher abbreviations, misspellings, and common
shorthand. Bryx will provide an interface for custom pronunciations
for the system's text -to -speech readouts.
Must have heart -smart ramped/soft tones (start low and increase in volume).
Bryx Commitment: The Bryx Station Alerting System features heart -smart ramping
tones. The system starts alarms at a minimum volume, then
gradually gets louder over a few seconds, gently waking and alerting
first responders. Ramping durations are configurable.
Configurable heart smart ramping LED lighting (dim to bright).
Bryx Commitment: The Bryx Station Alerting System features subdued/ramped up
color -changing LED lights. The color -changing lights ramp up to
full brightness and can be subdued to reduce optical strain with
configurable ramping durations.
7. Integration capabilities with existing station PA systems.
Bryx Commitment: Bryx Station connects to the City's existing PA system to provide
heart -smart ramping tones and text -to -speech readouts.
8. Integration capabilities with existing station Inputs/Outputs for garage door, lights, valves,
etc.
Bryx Commitment: Bryx can integrate with existing station inputs and outputs. Bryx's
system utilizes GPIO units with 8 inputs and 8 outputs. The GPIO
units automate functions such as turning off stoves, openinglclosing
bay doors, securing the building, etc.
9. Must have ability to have station monitors (countdown timers, maps, emergency data).
Bryx Commitment: The Bryx Station Alerting System pushes real-time information to a
robust station board display, including pinpointed job locations,
nearby hydrants, routing and navigation, member responses,
supplemental updates, messaging updates, and turnout timers.
10. 4G redundant capable backup.
Bryx Commitment: Bryx is capable of 4G redundant backup
11. 4G secure data transfer for use with iPads, MDTs, tablets, etc.
Bryx Commitment: All data is encrypted using TLS 1.2 or greater.
12. Able to integrate with GIS hydrant files.
Bryx Commitment: Bryx can integrate with GIS hydrant files if Bryx is provided with a
login to their database so Bryx can update hydrants in real time.
13. Cloud -based solution. Each station control unit shall have Ethernet, cellular, and RF
backup systems.
o Each station control unit shall have Ethernet, cellular, and RF backup systems
■ Primary source of alerting through Comcast (either coaxial or fiber)
• Automatic failover to air card on cellular provider of our choice
• If absolutely no network then tones sent from an encoder to a
decoder alerting the station through VHF two tone technology
• If all networks are unavailable, the station speakers should default
to open sending the VHF tones across all of the speakers.
Bryx Commitment: With the exception of the station control unit and GPIO unit that
reside in the City's station, the Bryx platform is a 100% cloud -based
solution. Cloud operations provide a level of high availability that
cannot be achieved with a single on -premises solution. Bryx's cloud -
based platform utilizes servers located in geographically dispersed
data centers across the United States, delivering an average alerting
time of 200ms. All call data is processed in the cloud and sent out to
the appropriate stations and mobile devices in parallel.
Bryx helps maintain NFPA 1221 compliance by providing triple -
redundant alerting pathways—ethemet, cellular, and dry contact
closure/radio frequency. The system will recognize if the primary
ethernet connection fails, and will automatically switch to using the
secondary cellular connection (provider of the City's choice). The
system will then recognize that the primary ethernet connection is
working again, and automatically switch back. The cellular is
constantly verified and Bryx can alert based on the dry contact
closure in the event of both network circuits failing.
If there is absolutely no network connection, tones can be sent from
a dry contact closure or tone detect. If all networks are unavailable,
the station speakers will default to open sending the VHF tones
across all of the speakers.
14. All stations should be alerted simultaneously when dispatching multi -company responses.
Bryx Commitment: All stations will be alerted simultaneously when dispatching multi -
company responses.
15. Internet access through alert system. IP and port requirements to be included.
Bryx Commitment: Network connectivity to Bryx's system is through TCP 443, UDP
443, and UDP 9993.
16. Internet remote access must be initiated through physical access from the units.
Bryx Commitment: Bryx's system will allow remote access through physical access to
the units.
17. Must have a comprehensive phone application.
o Mapping, turn -by -turn navigation through Google maps, incident information, live
status of all Baytown Fire apparatus, Live streaming of radio channels, etc.
o Must be adaptable so that each firefighter is only alerted when on duty and for the
apparatus the fire fighter is riding that day.
Bryx Commitment: The Bryx Station Alerting System works hand -in -hand with Bryx
911, Bryx's best -in -class, free/unlimited mobile alerting and
messaging application. Bryx 911 provides enhanced
communications and situational awareness to first responders.
Receiving data directly from the CAD, Bryx 911 sends alerts to
mobile devices, providing priority information about the scene,
along with mapping and turn-by-tum navigation through Google
and Apple maps. In addition to 911 call details, Bryx 911 provides
site survey data, mapped hydrant locations, call history, live status
of apparatus, supplemental updates, and live radio streaming.
18. As soon as a call is sent to "Queued Calls" in Versaterm a .wav file of Bryx's choice should
be sent to the primary station as a heads up that they are going to be dispatched to a call
when the call taker is finished with entering questions from ProQA.
Bryx Commitment: If Versaterm can send pre -alerts when a call is queued, then Bryx
can send pre -alerts when the call is queued.
19. Ability to modify the pronunciation of street and business names.
Bryx Commitment: Bryx software will perform natural language processing to
recognize dispatcher abbreviations, misspellings, and common
shorthand, with local pronunciation changes of streets and business
names available.
20. Smart Hub at each location that can utilize devices connected to it as part of station alerting.
Bryx Commitment: Bryx will have a Smart Hub at each location that utilizes Zigbee
Protocol.
Fire Station and Dispatch Center Specifications
Bryx shall meet or exceed each of the specifications listed below as indicated in its commitment
to the City:
Pyre Stations
1. Ramping audio alert tones system.
Bryx Commitment: The Bryx Station Alerting System features heart -smart
ramping tones. The system starts alarms at a minimum
volume, then gradually gets louder over a few seconds,
gently waking and alerting first responders. Ramping
durations are configurable.
2. Digital/automated voice dispatching for specific apparatus at each station.
Bryx Commitment: Bryx utilizes Neural Text -to -Speech (NTTS) technologies to
read job information aloud over the PA system, delivering
lifelike speech quality. The text -to -speech announcements
will be for specific apparatus at each station.
3. System shall be able to control inputs on fire station PA system.
Bryx Commitment: Bryx's system can control inputs on the PA system through
the mixer provided by Bryx.
4. Configurable Inputs/Outputs for garage doors, lights, valves, etc.
Bryx Commitment: Bryx's system utilizes GPIO units with 8 inputs and 8
outputs. The GPIO units automate functions such as turning
off stoves, opening/closing bay doors, securing the building,
etc.
5. Ramping lights. Blue for medical, red for fire, green for command.
Bryx Commitment: The Bryx Station Alerting System features subdued/ramped
up color -changing LED lights. The color -changing lights
ramp up to full brightness and can be subdued to reduce
optical strain with configurable ramping durations.
Departments can coordinate the colors with the type of call.
6. The ability for each member of a multi -company station to select which apparatus
they want to be alerted for in individual dorm rooms. This should control both audio
and light controls.
Bryx Commitment: Members of multi -company stations can select which
apparatus they want to be alerted for via audio and lighting
in individual dorm rooms.
7. Smart HUB at each location that can utilize devices connected to it as part of station
alerting.
Bryx Commitment: Bryx will have a Smart Hub at each location that utilizes
utilize Zigbee Protocol.
Dispatch Centers
1. Digital/automated voice dispatching for all calls in the City of Baytown over
800Mhz Radio System interface and VHF backup Alerting System.
Bryx Commitment: The text -to -speech readouts for all calls in the City of
Baytown will be sent over both 800Mhz radio system
interface and VHF backup Alerting System.