7700112.pdf

STATE OF MICHIGAN PROCUREMENT

Department Technology, Management and Budget Central Procurement Services 320 S Walnut Street Lansing, MI 48933 P.O. Box 30026, Lansing, MI 48909

CONTRACT CHANGE NOTICE

CONTRACT SUMMARY

Security Intrusion Alarm and Card Access Equipment, Monitoring

INITIAL EFFECTIVE DATE INITIAL EXPIRATION DATE INITIAL AVAILABLE OPTIONS EXPIRATION DATE

BEFORE

January 1, 2017 December 31, 2020 5 - 1 Year December 31, 2025

PAYMENT TERMS DELIVERY TIMEFRAME

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

MINIMUM DELIVERY REQUIREMENTS

N/A

P-Card Direct Voucher (PRC) Other Yes No

750 Front Ave NW Suite 200

Grand Rapids MI 49504

Jeremy Pifer

616-826-0887 jpifer@epssecurity.com

CV0021651

ENGINEERED PROTECTION

SYSTEMS INC

C O

N

TR

A C

TO

R

Lisa Spitzley

(517) 249-0440

DTMB

Various Various

SpitzleyL4@michigan.gov

C ontract

A dm inistrator Program M anagerSTA

TE

N/ANet 45

Change Notice Number 8

Contract Number MA071B7700112C to

DESCRIPTION OF CHANGE NOTICE

OPTION EXTENSIONLENGTH OF OPTION LENGTH OF EXTENSION REVISED EXP. DATE

CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE

5, 1-Year 5 Years December 31, 2030

$852,312.00 $560,000.00 $1,412,312.00

DESCRIPTION

Effective September 25, 2025, this Contract is extended 5 years, with 5, 1-year options. The revised contract expiration date is December 31, 2030. Please note this is a Useful Life Extension to cover repairs and maintenance of existing equipment and monitoring services during the life of the contract.

All other terms, conditions, specifications, and pricing remain the same. Per Contractor and Agency agreement, DTMB Procurement approval, and State Administrative Board approval on September 25, 2025.

AGENCY NAME PHONE EMAIL

MSL Benjamin Vogel VogelB@michigan.gov

DNR Laura Gyorkos gyorkosl@michigan.gov

Program Managers for

Multi-Agency and Statewide Contracts

CHANGE NOTICE NO. 8 TO CONTRACT NO. MA071B7700112C

CHANGE NOTICE NO. 8 TO CONTRACT NO. MA071B7700112C

STATE OF MICHIGAN

CENTRAL PROCUREMENT SERVICES

Department of Technology, Management, and Budget

320 S. WALNUT ST., LANSING, MICHIGAN 4893

P.O. BOX 30026 LANSING, MICHIGAN 48909

CONTRACT CHANGE NOTICE

Change Notice Number 7 to

071B7700112Contract Number vogelb@Michigan.gov

Benjamin Vogel

Lisa Spitzley sharig@epssecurity.com

Scott Harig

Grand Rapids, MI 49504

ENGINEERED PROTECTION SYSTEMS INC

CV0021651

616-666-1029

750 Front Ave NW , Suite 200

(517) 249-0440 S

T A

T E

P ro g ra m

M a n a g e r

C o n tra ct

A d m in istra to r

C O

N T R A

C T O

R

517-241-2410

DTMB

spitzleyl4@michigan.gov

$602,312.00

January 1, 2017 December 31, 2023

INTRUSION ALARM AND CARD ACCESS EQUIPMENT, MONITORING SERVICES

December 31, 2020

INITIAL AVAILABLE OPTIONS EXPIRATION DATE

BEFORE

5 - 1 Year

PAYMENT TERMS DELIVERY TIMEFRAME

Net 45 Days

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

☐ P-Card ☐ PRC ☐ Other ☐ Yes ☒ No

MINIMUM DELIVERY REQUIREMENTS

DESCRIPTION OF CHANGE NOTICE

OPTION LENGTH OF OPTION EXTENSION LENGTH OF EXTENSION REVISED EXP. DATE

☒ Two, 1-Year ☐ N/A December 31, 2025

CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE

N/A

$250,000.00 $852,312.00

Effective March 28, 2023, this contract is amended as follows:

All other terms, conditions, specifications, and pricing remain the same. Per Contractor and Agency agreement, DTMB Procurement approval, and State Administrative Board approval on March 28, 2023.

INITIAL EXPIRATION DATEINITIAL EFFECTIVE DATE

N/A

DESCRIPTION

CONTRACT SUMMARY

MSL

Multi-Agency and Statewide Contracts

Program Managers for

CHANGE NOTICE NO. 7 TO CONTRACT NO. 071B7700112

Ben Vogel 517-241-2410 VogelB@michigan.govMSL

John Lucey 989-348-5449 LuceyJ@michigan.govMSP

Department of Technology, Management, and Budget

320 S. WALNUT ST., LANSING, MICHIGAN 48933

P.O. BOX 30026 LANSING, MICHIGAN 48909

CONTRACT CHANGE NOTICE

Change Notice Number 6 to

071B7700112Contract Number vogelb@Michigan.gov

Benjamin Vogel

Lisa Spitzley sharig@epssecurity.com

Scot A. Harig

Grand Rapids, MI 49504

ENGINEERED PROTECTION SYSTEMS INC

CV0021651

616-666-1029

750 Front Ave NW , Suite 200

(517) 249-0440 S

T A

T E

P ro g n a g e r

C o n tra ct

A d m in istra to r

C O

N T R A C T O

R

517-241-2410

DTMB

spitzleyl4@michigan.gov

$602,312.00

January 1, 2017 December 31, 2022

INTRUSION ALARM AND CARD ACCESS EQUIPMENT, MONITOR

December 31, 2020

INITIAL AVAILABLE OPTIONS EXPIRATION DATE

BEFORE

5 - 1 Year

PAYMENT TERMS DELIVERY TIMEFRAME

Net 45 Days

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

☐ P-Card ☐ PRC ☐ Other ☐ Yes ☒ No

MINIMUM DELIVERY REQUIREMENTS

DESCRIPTION OF CHANGE NOTICE

OPTION LENGTH OF OPTION EXTENSION LENGTH OF EXTENSION REVISED EXP. DATE

☒ One, 1-Year ☐ December 31, 2023

CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE

N/A

$0.00 $602,312.00

Effective December 5, 2022, the third of 5 option years available on this contract is hereby exercised and the revised expiration date is December 31, 2023. All other terms, conditions, specifications, and pricing remain the same. Per Vendor agreement and DTMB Central Procurement approval.

INITIAL EXPIRATION DATEINITIAL EFFECTIVE DATE

N/A

DESCRIPTION

Multi-Agency and Statewide Contracts

Program Managers for

CHANGE NOTICE NO. 6 TO CONTRACT NO. 071B7700112

Ben Vogel 517-241-2410 VogelB@michigan.govMSL

Department of Technology, Management, and Budget

525 W. ALLEGAN ST., LANSING, MICHIGAN 48913

P.O. BOX 30026 LANSING, MICHIGAN 48909

CONTRACT CHANGE NOTICE

Change Notice Number 5 to

071B7700112Contract Number vogelb@Michigan.gov

Benjamin Vogel

Lisa Spitzley sharig@epssecurity.com

Scot Harig

Grand Rapids, MI 49504

ENGINEERED PROTECTION SYSTEMS INC

CV0021651

(616) 808-2981

750 Front Ave NW , Suite 200

(517) 249-0440 S

T A

T E

P ro g n a g e r

C o n tra ct

A d m in istra to r

C O

N T R A C T O

R

517-241-2410

DTMB

spitzleyl4@michigan.gov

$602,312.00

January 1, 2017 December 31, 2021

INTRUSION ALARM AND CARD ACCESS EQUIPMENT, MONITOR

December 31, 2020

INITIAL AVAILABLE OPTIONS EXPIRATION DATE

BEFORE

5 - 1 Year

PAYMENT TERMS DELIVERY TIMEFRAME

Net 45 Days

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

☐ P-Card ☐ PRC ☐ Other ☐ Yes ☒ No

MINIMUM DELIVERY REQUIREMENTS

DESCRIPTION OF CHANGE NOTICE

OPTION LENGTH OF OPTION EXTENSION LENGTH OF EXTENSION REVISED EXP. DATE

☒ One, 1-Year ☐ December 31, 2022

CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE

N/A

$0.00 $602,312.00

Effective December 28, 2021, the second of 5 option years of this contract is hereby exercised and the revised expiration date is December 31, 2022. Please note, the Contract Administrator has been changed to Lisa Spitzley. All other terms, conditions, specifications, and pricing remain the same. Per Vendor agreement and DTMB Central Procurement approval.

INITIAL EXPIRATION DATEINITIAL EFFECTIVE DATE

N/A

DESCRIPTION

Department of Technology, Management, and Budget

525 W. ALLEGAN ST., LANSING, MICHIGAN 48913

P.O. BOX 30026 LANSING, MICHIGAN 48909

CONTRACT CHANGE NOTICE

Change Notice Number 4 to

071B7700112Contract Number vogelb@michigan.gov

Benjamin Vogel

Steven Motz dflemming@epssecurity.com

Drew Fleming

Grand Rapids, MI 49504

ENGINEERED PROTECTION SYSTEMS INC

CV0021651

616-459-0281

750 Front Ave NW , Suite 200

(517) 331-6086 S T A T E

P ro g n a g e r

C o n tra ct

A d m in istra to r

C O

N T R A C T O

R

MSL

517-241-2410

DTMB

motzs1@michigan.gov

$602,312.00

January 1, 2017 December 31, 2021

INTRUSION ALARM AND CARD ACCESS EQUIPMENT, MONITOR

December 31, 2020

INITIAL AVAILABLE OPTIONS EXPIRATION DATE

BEFORE

5 - 1 Year

PAYMENT TERMS DELIVERY TIMEFRAME

Net 45 Days

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

☐ P-Card ☐ PRC ☐ Other ☐ Yes ☒ No

MINIMUM DELIVERY REQUIREMENTS

DESCRIPTION OF CHANGE NOTICE

OPTION LENGTH OF OPTION EXTENSION LENGTH OF EXTENSION REVISED EXP. DATE

☐ ☐ N/A

CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE

N/A

$0.00 $602,312.00

Effective January 25, 2021, the Program Manager for the State of Michigan has been updated. All other terms, conditions, specifications, and pricing remain the same. Per Vendor agreement and DTMB Central Procurement approval.

INITIAL EXPIRATION DATEINITIAL EFFECTIVE DATE

N/A

DESCRIPTION

Department of Technology, Management, and Budget

525 W. ALLEGAN ST., LANSING, MICHIGAN 48913

P.O. BOX 30026 LANSING, MICHIGAN 48909

CONTRACT CHANGE NOTICE

Change Notice Number 3 to

071B7700112Contract Number

ContrerasM@Michigan.gov

Miguel Contreras

Steven Motz dflemming@epssecurity.com

Drew Fleming

Grand Rapids, MI 49504

ENGINEERED PROTECTION SYSTEMS INC

CV0021651

616-459-0281

750 Front Ave NW , Suite 200

(517) 331-6086 S T A T E

P ro g n a g e r

C o n tra ct

A d m in istra to r

C O

N T R A C T O

R

MSL

517-335-5777

DTMB

motzs1@michigan.gov

$602,312.00

January 1, 2017 December 31, 2020

INTRUSION ALARM AND CARD ACCESS EQUIPMENT, MONITORING AND SERVICES

December 31, 2020

INITIAL AVAILABLE OPTIONS EXPIRATION DATE

BEFORE

5 - 1 Year

PAYMENT TERMS DELIVERY TIMEFRAME

Net 45 Days

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

☐ P-Card ☐ PRC ☐ Other ☐ Yes ☒ No

MINIMUM DELIVERY REQUIREMENTS

DESCRIPTION OF CHANGE NOTICE

OPTION LENGTH OF OPTION EXTENSION LENGTH OF EXTENSION REVISED EXP. DATE

☒ 1-Year ☐ December 31, 2021

CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE

N/A

$0.00 $602,312.00

Effective January 1, 2021, option year 1 of this contract is hereby exercised and the revised expiration date is changed to December 31, 2021. Please note, the Contract Administrator has been changed to Steve Motz. All other terms, conditions, specifications, and pricing remain the same. Per Vendor agreement and DTMB Central Procurement approval.

INITIAL EXPIRATION DATEINITIAL EFFECTIVE DATE

N/A

DESCRIPTION

ENTERPRISE PROCUREMENT

Department of Technology, Management, and Budget

525 W. ALLEGAN ST., LANSING, MICHIGAN 48913

P.O. BOX 30026 LANSING, MICHIGAN 48909

CONTRACT CHANGE NOTICE

Change Notice Number 1 to

071B7700112Contract Number

$102,312.00

January 1, 2017 December 31, 2020

INTRUSION ALARM AND CARD ACCESS EQUIPMENT, MONITORING AND SERVICES

December 31, 2020

INITIAL AVAILABLE OPTIONS EXPIRATION DATE BEFORE

CHANGE(S) NOTED BELOW

5 - 1 Year

PAYMENT TERMS DELIVERY TIMEFRAME

Net 45

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

☐ P-Card ☐ Direct Voucher (DV) ☐ Other ☐ Yes ☒ No

MINIMUM DELIVERY REQUIREMENTS

DESCRIPTION OF CHANGE NOTICE

OPTION LENGTH OF OPTION EXTENSION LENGTH OF EXTENSION REVISED EXP. DATE

☐ ☐ December 31, 2020

CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE

N/A

$25,000.00 $127,312.00

Effective September 14, 2017, the Department of Natural Resources (DNR) is hereby added to this contract as an authorized user of Engineered Protection Systems (EPS) equipment and services. The following attached Purchase Orders and Service Agreements are binding between EPS and the DNR location at 2122 S M-37 Buldings A and B, Traverse City MI, 49684 only. All other terms, conditions, specifications and pricing remain the same. Per Agency and Vendor agreement, and DTMB Central Prcurement approval.

ContrerasM@Michigan.gov

Miguel Contreras

Steve Rigg dflemming@epssecurity.com

Drew Fleming

Grand Rapids, MI 49504

Engineered Protection Systems (EPS)

*******4884

616-459-0281

750 Front Ave NW

(517) 284-7043

S T

A T

E

P ro g ram an ag er C o n tract A d m in istrato r

C O

N T

R A

C T

O R

LOTT

517-335-5777

INITIAL EXPIRATION DATEINITIAL EFFECTIVE DATE

DTMB

N/A

DESCRIPTION

riggs@michigan.gov

Purchase Order and Service Agreement

MEMORANDUM OF AGREEMENT made this 14th day of September , 2017 by and between ENGINEERED PROTECTION SYSTEMS, INC., 750 Front N.W., Suite 300, Grand Rapids, MI 49504 hereinafter referred to as EPS and

DEPARTMENT OF NATURAL RESOURCES (Legal Name)

2122 S M-37, Bldg A, Traverse City, MI 49685 (Address) hereinafter referred to as “Subscriber.”

A. SERVICES:

That for the consideration hereinafter mentioned, EPS agrees to furnish Subscriber with a System (“System”) as specified in the Schedule of Protection (attached form

SP-2) in the premises of the Subscriber at:

Department of Natural Resources, 2122 S M-37, Bldg A, Traverse City, MI 49685 and will, subject to the terms and conditions hereof, during the term of this agreement provide the following services.

1. Monitoring 2. Internet Monitoring (if checked, see Internet Monitoring Addendum) 3. Cellular Protection Plan

4. Service Agreement 5. Cellular Back-Up 6. Alarm Response 7. Quarterly Fire Testing

8. Activity Reports 9. Opening & Closing Supervision 10. Total Connect 11. Access Control Administration

B. PAYMENTS:

1. The subscriber agrees to pay EPS, its agents or assigns, the sum of Three Thousand Three Hundred Eight and 00/100 Dollars ($3,308.00) plus tax. One half to be paid upon signing of this agreement and one half to be paid upon completion of installation of the equipment to be invoiced as stated below. The Subscriber agrees to pay EPS, its agents or assigns, in addition, for the services provided if checked above, the sum of Nine Hundred Ninety-Six and 00/100 ($996.00) Dollars per annum, plus One Hundred Eighty and 00/100 ($180.00) Dollars per annum for Communication charges, and is payable in quarterly installments of Two Hundred Ninety-Four and 00/100 ($294.00) Dollars in advance. All undisputed invoices will be due and payable by subscriber, in accordance with subscriber’s statutory payment procedure as specified in 1984 PA 279, MCL 17.51 et seq., within forty-five (45) days after receipt of EPS invoice. As required by MCL 18.1283a, EPS will electronically register with subscriber, to receive electronic fund transfer (EFT) payments.

2. In the event EPS’s representative is sent to the Subscriber’s premise in response to a service call or signal caused by the Subscriber improperly following operating instructions or failing to close or properly secure a window, door or other protected point, there shall be a service charge to the Subscriber, which subscriber agrees to pay upon billing by EPS.

C. TERM:

1. Except as otherwise herein provided, this agreement shall remain in full force and effect for a period of three (3) years from the date System becomes operative, or the date of this contract, whichever is later.

2. Title to the equipment is to remain with EPS until the full purchase price is paid. Failure to pay the purchase price of the installed equipment when due shall give EPS the right, without obligation to redecorate or repair the premises or any other liability, to repossess that equipment with or without notice, and to avail itself of any legal remedy.

D. LIMIT OF LIABILITY

IT IS UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT EPS IS NOT AN INSURER AND THAT INSURANCE, IF ANY, COVERING PERSONAL INJURY AND PROPERTY LOSS OR DAMAGE ON SUBSCRIBER’S PREMISES SHALL BE OBTAINED BY THE SUBSCRIBER: THAT EPS IS BEING PAID FOR THE INSTALLATION, MONITORING AND SERVICE OF SYSTEM DESIGNED TO REDUCE CERTAIN RISKS OF LOSS AND THAT THE AMOUNTS BEING CHARGED BY EPS ARE NOT SUFFICIENT TO GUARANTEE THAT NO LOSS WILL OCCUR; THAT EPS IS NOT ASSUMING RESPONSIBILTY FOR ANY PERSONAL INJURY OR PROPERTY LOSS OR DAMAGE WHICH MAY OCCUR EVEN IF DUE TO NEGLIGENT PERFORMANCE BY EPS OR BY ANY SUBCONTRACTORS USED BY EPS OR FAILURE TO PERFORM ANY OF ITS OBLIGATIONS, SINCE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY ARISE DUE TO THE FAULTY OPERATION OF THE SYSTEM OR FAILURE OF SERVICES PROVIDED, IF, NOT WITHSTANDING THE ABOVE PROVISIONS, THERE SHOULD ARISE ANY LIABILITY ON THE PART OF EPS, SUCH LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUAL TO ONE-HALF (1/2) THE ANNUAL SERVICE CHARGE PROVIDED HEREIN OR $250.00, WHICHEVER IS THE LESSER, AND THIS LIABILITY SHALL BE EXCLUSIVE. IN THE EVENT THE SUBSCRIBER WISHES THE COMPANY TO ASSUME A GREATER OR HIGHER LIMITATION OF LIABILITY, THE SUBSCRIBER MAY, AS A MATTER OF RIGHT, OBTAIN FROM THE COMPANY A HIGHER LIMIT BY PAYING AN ADDITIONAL AMOUNT PROPORTIONED TO THE INCREASE IN DAMAGES, BUT SUCH ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED TO HOLD THE COMPANY AS AN INSURER. IF THE SYSTEM INCLUDES COMPONENTS MANUFACTURED BY HONEYWELL INTERNATIONAL INC (“HONEYWELL”) THE SAME LIMITATION OF LIABILITY SHALL EXIST FOR ANY CLAIM MADE BY SUBSCRIBER AGAINST HONEYWELL.

SUBSCRIBER AGREES THAT ANY LEGAL ACTION FOR A CLAIM WHICH IT MAY HAVE AGAINST EPS ARISING OUT OF EPS’ S PERFORMANCE OF THIS CONTRACT MUST BE FILED WITHIN ONE YEAR OF THE DATE THAT THE CLAIM AROSE (WHICH IN THE CASE OF A LOSS SUFFERED BY CUSTOMER SHALL BE THE DATE THE LOSS OCCURRED)

AND FURTHER AGREES THAT A CLAIM PERIOD OF ONE YEAR IS REASONABLE.

E. LIMITED WARRANTY:

EPS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE SYSTEM OR SERVICE SUPPLIED MAY NOT BE COMPROMISED OR THAT THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INTENDED. THERE ARE NO

IMPLIED WARRANTIES WHATSOEVER.

F. SUBSCRIBER’S INDEMNIFICATION

DUE TO CONSTITUTIONAL PROHIBITIONS, SUBSCRIBER WILL NOT INDEMNIFY EPS, OR ITS EMPLOYEES OR AFFILIATES, FOR ANY REASON WHATSOEVER. SHALL NOT APPLY TO CLAIMS FOR LOSS OR DAMAGE SOLELY AND DIRECTLY CAUSED BY AN EMPLOYEE OF EPS WHILE ON SUBSCRIBER’S PREMISES.

G. SUBCONTRACTORS:

SUBSCRIBER ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT, AND PARTICULARLY THOSE PARAGRAPHS RELATING TO DISCLAIMER OF WARRANTY, AND LIMIT OF LIABILITY INURE TO THE BENEFIT OF AND ARE APPLICABLE TO ANY SUBCONTRACTORS ENGAGED BY EPS TO PROVIDE MONITORING, INSTALLATION OR SERVICE OF THE SYSTEM PROVIDED HEREIN, AND BIND SUBSCRIBER TO SAID SUBCONTRACTOR WITH THE SAME FORCE AND EFFECT AS THEY BIND SUBSCRIBER TO EPS.

H. APPROVAL:

This Agreement shall not be effective until executed in writing by an authorized representative of EPS. Further, this Agreement supersedes all previous Agreements and any Riders thereto, between the parties as to the premises listed above.

I. ENTIRE AGREEMENT

The Agreement of the parties is expressed hereinabove and in the Terms and Conditions on the reverse side and no verbal understandings or agreement shall alter, change or modify the terms and provisions of this Agreement. It is understood and agreed by and between the parties hereto, that if there is any conflict between this Agreement and Subscriber’s purchase order, or any other document, this agreement will govern, whether such purchase order or other document is prior or subsequent to this Agreement.

SUBSCRIBER ACKNOWLEDGES THAT THE LIABILITY OF EPS IS LIMITED AS SET FORTH IN PARAGRAPHS D, E, F AND G, AND ACCEPTS THE LIMIT SET FORTH THEREIN.

SUBSCRIBER ACCEPTS ALL THE PROVISIONS OF THIS AGREEMENT AND AGREES THAT THERE HAS BEEN NO RELIANCE PLACED ON ANY PROVISION NOT APPEARING

HEREIN.

ENGINEERED PROTECTION SYSTEMS, INC. DT SUBSCRIBER

Michigan License # 3601202358

BY:__________________________________________________________ BY:____________________________________________Date______________ Director of Sales

Revision 2016.1

TERMS AND CONDITIONS

1. SUBSCRIBER’S AUTHORIZATION – Subscriber hereby authorizes and empowers EPS, its agents or assigns as follows:

A. To install said System as described in the Schedule of Protection at said location B. To enter the premises for the purpose of inspecting, testing and repairing said System C. To enter the premises in answer to a signal as representative and agent of Subscriber

2. SERVICE AGREEMENT:

A. Service for the equipment supplied under this Agreement will be provided by EPS if on the reverse side of this Agreement, Service Agreement is checked. All ordinary expenses of service and repairs shall be borne by EPS but if rendered necessary by alterations or repairs to the premises, such expenses shall be borne by Subscriber. If service agreement is not included, EPS will, if requested, provide the Subscriber with repair and parts replacement for the equipment at EPS’s prevailing prices and terms at the time.

B. Should any part of the system be damaged by fire, water or extraneous causes, repairs shall be paid for by Subscriber.

C. If Subscriber’s insurer, or any inspection bureau having jurisdiction, or by Subscriber’s own act, shall require or make necessary any changes to the System as originally installed, Subscriber agrees to pay for the cost of such changes.

D. It is understood and agreed that EPS’s obligations relates to the service of the specified System(s), and that EPS is in no way obligated to maintain, repair, service, operate or assure the operation of the property, system or any devices of the Subscriber or of others to which EPS’s Systems are attached.

E. The Subscriber agrees that any person or persons, unauthorized by EPS will not be permitted to alter, remove or tamper with Equipment mentioned herein, and will safeguard said equipment against loss and damage during the term of this agreement. The Subscriber shall not permit any device, contrivance or apparatus to be attached to the lines, wires, instruments or equipment of such System, except by the authorized agents of EPS without the written permission of EPS.

F. Service will be furnished by EPS during its normal working hours, Monday through Friday, except holidays. EPS shall have full and free access to the equipment to perform service thereon. EPS shall not be responsible for failure to render service due to causes beyond its control. Service rendered outside the normal working hours for EPS are not within the scope of the Service Agreement unless specifically agreed to between EPS and the Subscriber and so noted on this document.

G. Subscriber shall carefully and properly set the system at closing of the premises. Subscriber shall carefully and properly test the equipment designated on the schedule of protection, prior to each closed period and shall immediately report to EPS any claimed inadequacy in or failure of the System. EPS shall make such repairs as soon after receipt of notice as is reasonably possible.

H. If the System includes a sprinkler system, EPS shall be responsible only for the service of EPS’s equipment, and only for making the appropriate response to an alarm signal, if received by EPS. Subscriber is solely responsible for maintenance of the sprinkler system, including adequate heat, so it will at all times be in good working order. If pressure pumps are needed for proper operation of sprinkler supervisory and water flow alarms, due to fluctuation in the water pressure, such pressure pumps shall be provided by the Subscriber at Subscriber’s expense.

3. MONITORING:

A. Signal receiving and notification service shall be provided by EPS if on the reverse side of this Agreement the Monitoring option is checked. The Subscriber agrees to furnish EPS a list of the names of all persons with whom EPS is authorized by Subscriber to communicate regarding the System and any signals received if EPS provides monitoring services.

B. Subscriber also understands EPS does not receive signals when the transmission mode is or becomes non-operational and that signals from the digital communicator cannot be received if the transmission mode is cut, interfered with or otherwise damaged. Subscriber acknowledges that a cellular communication back-up device is available at an extra expense.

C. In the event BURGLARY PROTECTION SERVICE is furnished under this Agreement, upon receipt of a burglar alarm signal from Subscriber’s premises, EPS, at its sole discretion, shall attempt to first contact a designated representative at the premise. If EPS has not contacted a designated representative, then EPS may attempt to contact the first designated representative on the contact list provided by Subscriber to EPS. If EPS is unable to reach a designated representative of Subscriber, then EPS shall make every reasonable effort to transmit the alarm promptly to the headquarters of the municipal police department, unless there is just cause to assume that an emergency condition does not exist.

D. In the event FIRE ALARM SERVICE is furnished under this Agreement, EPS shall make every reasonable effort to transmit to the municipal fire department all fire alarm signals received at this Central Station from the Fire Alarm System.

E. In the event MEDICAL ALERT OR HOLD-UP/PANIC ALARM SERVICE is furnished under this Agreement, EPS shall, on receipt of medical alert or hold-up/panic alarm signal from the Subscriber’s premises, make every reasonable effort to transmit the alarm promptly to the headquarters of the municipal police department or designated emergency service.

F. In the event a SUPERVISORY OR TROUBLE SIGNAL registers at EPS’s Central Station, EPS shall make every reasonable effort to notify the designated representative of Subscriber.

G. OPENING & CLOSING SUPERVISION shall be provided by EPS if, on the reverse side of this Agreement, opening and closing supervision is checked.

H. If ALARM RESPONSE SERVICE is available and is checked in this Agreement, on receipt of an alarm signal from Subscriber’s premises, EPS will make a reasonable effort to send its representative, who will, only if Subscriber has provided a key in an EPS approved knox box located on premises, enter and make search of Subscriber’s premises and is hereby authorized, as the agent of Subscriber, to cause the arrest of any person or persons found on the premises without authority to enter, and to hold or cause to be held, him or them, until released by Subscriber or Subscriber’s authorized representative. In the event of interruption to the burglar alarm service, the services of EPS shall cease upon visual inspection of the protected premises from the inside and making of necessary emergency repairs to the burglar alarm system, where keys have been furnished in an EPS approved knox box. Where a knox box has not been furnished, services of EPS shall cease upon visual inspection of the protected premises from the outside.

4. CANCELLATION:

A. This Agreement may be terminated at the option of EPS at any time in the event that EPS’s Central Station is destroyed or so substantially damaged by fire or other catastrophe that it is impractical to continue service, or in the event that EPS is unable either to secure or retain the connections or privileges necessary for the transmission of signals by means of communication between the Subscriber’s premises and EPS’s Central Station or agency and EPS shall not be liable for any damages or subject to any penalty as a result of such termination. In the event of such termination, EPS will refund to the Subscriber any advance payments made for service to be supplied subsequent to the date of such termination.

B. It is understood and agreed that this Agreement may be terminated by EPS for non-payment of any undisputed amounts and in the event that the Subscriber fails to follow any recommendations EPS may make for the repair or the replacement of defective parts of their system not covered under the Service Agreement or in the event that the Subscriber’s failure to follow the operating instructions provided results in an undue number of false alarms or if the premises in which the system is installed are so modified or altered after installation as to render continuation of service impractical.

C. Subscriber may immediately terminate this Agreement in whole or in part without penalty and for any reason, including but not limited to, appropriation or budget shortfalls.

5. INSTALLATION:

A. EPS assumes no liability for delay in installation of the System, or interruption of service due to strikes, riots, floods, fires, acts of God or any cause beyond the control of EPS including interruption in telephone services. EPS will not be required to supply service to the Subscriber while interruption of service due to any such cause shall continue.

B. Any installation charge quoted in this agreement is based on EPS performing the installation with its own personnel, or EPS’s subcontractors. If for any reason this installation must be performed by outside Contractors, said installation charge shall be subject to revision.

C. Subscriber hereby authorizes EPS to make installations during regular working hours. Any variation from or alteration of the installation herein specified must be requested in writing by Subscriber and shall be paid for by Subscriber.

D. Subscriber shall supply or provide the necessary energy and power required to operate said System(s) at no expense to EPS. In the event of a power failure or other interruption at Subscribers premises, Subscriber shall notify EPS immediately.

E. Telephone Service. Subscriber shall supply, at no charge to EPS, telephone hook-ups, internet access, and IP addresses as deemed necessary by EPS, in its sole discretion, AND TO NOTIFY EPS OF ANY CHANGE IN SUCH SERVICE.

F. Wire mold or conduit for any wiring, plenum wire, trenching for buried conduit or wiring located outside the building is not included in the agreement, unless specifically included in our proposal. If any of the preceding is required, Subscriber will agree to provide such at Subscriber’s expense.

G. Subscriber acknowledges that EPS has no way of knowing of the existence of hidden pipes, wires or other obstructions within walls, and it is Subscriber’s obligation to make EPS aware of such conditions, failing which EPS shall have no responsibility whatsoever for damage that may be caused.

6. Any dispute arising from this Agreement must be resolved in the Michigan Court of Claims.

7. ASSIGNABILITY - This Agreement is not assignable by the Subscriber without the prior written approval of EPS which shall not be unreasonably withheld. EPS may assign its interest in this Agreement to any entity which is licensed to provide the services required to be performed by EPS.

8. PARTIAL INVALIDITY - In the event that any of the provisions of this Agreement shall be held to be invalid or unenforceable or to violate the provisions of any law, such finding shall not affect the validity or enforceability of the remaining provisions of this Agreement. In such case, the unenforceable or invalid provisions shall be deemed stricken, shall be deemed as non-material to the Agreement as a whole, and the balance of the Agreement shall be construed and enforced as if the stricken provisions were never part of the Agreement.

Purchase Order and Service Agreement

MEMORANDUM OF AGREEMENT made this 14th day of September , 2017 by and between ENGINEERED PROTECTION SYSTEMS, INC., 750 Front N.W., Suite 300, Grand Rapids, MI 49504 hereinafter referred to as EPS and

DEPARTMENT OF NATURAL RESOURCES (Legal Name)

2122 S M-37, Bldg B, Traverse City, MI 49685 (Address) hereinafter referred to as “Subscriber.”

A. SERVICES:

That for the consideration hereinafter mentioned, EPS agrees to furnish Subscriber with a System (“System”) as specified in the Schedule of Protection (attached form

SP-2) in the premises of the Subscriber at:

Department of Natural Resources, 2122 S M-37, Bldg B, Traverse City, MI 49685 and will, subject to the terms and conditions hereof, during the term of this agreement provide the following services.

1. Monitoring 2. Internet Monitoring (if checked, see Internet Monitoring Addendum) 3. Cellular Protection Plan

4. Service Agreement 5. Cellular Back-Up 6. Alarm Response 7. Quarterly Fire Testing

8. Activity Reports 9. Opening & Closing Supervision 10. Total Connect 11. Access Control Administration

B. PAYMENTS:

1. The subscriber agrees to pay EPS, its agents or assigns, the sum of Two Thousand Eight Hundred Eighty and 00/100 Dollars ($2,880.00) plus tax. One half to be paid upon signing of this agreement and one half to be paid upon completion of installation of the equipment to be invoiced as stated below. The Subscriber agrees to pay EPS, its agents or assigns, in addition, for the services provided if checked above, the sum of Nine Hundred Eighty-Four and 00/100 ($984.00) Dollars per annum, plus One Hundred Eighty and 00/100 ($180.00) Dollars per annum for Communication charges, and is payable in quarterly installments of Two Hundred Ninety-One and 00/100 ($291.00) Dollars in advance. All undisputed invoices will be due and payable by subscriber, in accordance with subscriber’s statutory payment procedure as specified in 1984 PA 279, MCL 17.51 et seq., within forty-five (45) days after receipt of EPS invoice. As required by MCL 18.1283a, EPS will electronically register with subscriber, to receive electronic fund transfer (EFT) payments.

2. In the event EPS’s representative is sent to the Subscriber’s premise in response to a service call or signal caused by the Subscriber improperly following operating instructions or failing to close or properly secure a window, door or other protected point, there shall be a service charge to the Subscriber, which subscriber agrees to pay upon billing by EPS.

C. TERM:

1. Except as otherwise herein provided, this agreement shall remain in full force and effect for a period of three (3) years from the date System becomes operative, or the date of this contract, whichever is later.

2. Title to the equipment is to remain with EPS until the full purchase price is paid. Failure to pay the purchase price of the installed equipment when due shall give EPS the right, without obligation to redecorate or repair the premises or any other liability, to repossess that equipment with or without notice, and to avail itself of any legal remedy.

D. LIMIT OF LIABILITY

IT IS UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT EPS IS NOT AN INSURER AND THAT INSURANCE, IF ANY, COVERING PERSONAL INJURY AND PROPERTY LOSS OR DAMAGE ON SUBSCRIBER’S PREMISES SHALL BE OBTAINED BY THE SUBSCRIBER: THAT EPS IS BEING PAID FOR THE INSTALLATION, MONITORING AND SERVICE OF SYSTEM DESIGNED TO REDUCE CERTAIN RISKS OF LOSS AND THAT THE AMOUNTS BEING CHARGED BY EPS ARE NOT SUFFICIENT TO GUARANTEE THAT NO LOSS WILL OCCUR; THAT EPS IS NOT ASSUMING RESPONSIBILTY FOR ANY PERSONAL INJURY OR PROPERTY LOSS OR DAMAGE WHICH MAY OCCUR EVEN IF DUE TO NEGLIGENT PERFORMANCE BY EPS OR BY ANY SUBCONTRACTORS USED BY EPS OR FAILURE TO PERFORM ANY OF ITS OBLIGATIONS, SINCE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY ARISE DUE TO THE FAULTY OPERATION OF THE SYSTEM OR FAILURE OF SERVICES PROVIDED, IF, NOT WITHSTANDING THE ABOVE PROVISIONS, THERE SHOULD ARISE ANY LIABILITY ON THE PART OF EPS, SUCH LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUAL TO ONE-HALF (1/2) THE ANNUAL SERVICE CHARGE PROVIDED HEREIN OR $250.00, WHICHEVER IS THE LESSER, AND THIS LIABILITY SHALL BE EXCLUSIVE. IN THE EVENT THE SUBSCRIBER WISHES THE COMPANY TO ASSUME A GREATER OR HIGHER LIMITATION OF LIABILITY, THE SUBSCRIBER MAY, AS A MATTER OF RIGHT, OBTAIN FROM THE COMPANY A HIGHER LIMIT BY PAYING AN ADDITIONAL AMOUNT PROPORTIONED TO THE INCREASE IN DAMAGES, BUT SUCH ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED TO HOLD THE COMPANY AS AN INSURER. IF THE SYSTEM INCLUDES COMPONENTS MANUFACTURED BY HONEYWELL INTERNATIONAL INC (“HONEYWELL”) THE SAME LIMITATION OF LIABILITY SHALL EXIST FOR ANY CLAIM MADE BY SUBSCRIBER AGAINST HONEYWELL.

SUBSCRIBER AGREES THAT ANY LEGAL ACTION FOR A CLAIM WHICH IT MAY HAVE AGAINST EPS ARISING OUT OF EPS’ S PERFORMANCE OF THIS CONTRACT MUST BE FILED WITHIN ONE YEAR OF THE DATE THAT THE CLAIM AROSE (WHICH IN THE CASE OF A LOSS SUFFERED BY CUSTOMER SHALL BE THE DATE THE LOSS OCCURRED)

AND FURTHER AGREES THAT A CLAIM PERIOD OF ONE YEAR IS REASONABLE.

E. LIMITED WARRANTY:

EPS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE SYSTEM OR SERVICE SUPPLIED MAY NOT BE COMPROMISED OR THAT THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INTENDED. THERE ARE NO

IMPLIED WARRANTIES WHATSOEVER.

F. SUBSCRIBER’S INDEMNIFICATION

DUE TO CONSTITUTIONAL PROHIBITIONS, SUBSCRIBER WILL NOT INDEMNIFY EPS, OR ITS EMPLOYEES OR AFFILIATES, FOR ANY REASON WHATSOEVER. SHALL NOT APPLY TO CLAIMS FOR LOSS OR DAMAGE SOLELY AND DIRECTLY CAUSED BY AN EMPLOYEE OF EPS WHILE ON SUBSCRIBER’S PREMISES.

G. SUBCONTRACTORS:

SUBSCRIBER ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT, AND PARTICULARLY THOSE PARAGRAPHS RELATING TO DISCLAIMER OF WARRANTY, AND LIMIT OF LIABILITY INURE TO THE BENEFIT OF AND ARE APPLICABLE TO ANY SUBCONTRACTORS ENGAGED BY EPS TO PROVIDE MONITORING, INSTALLATION OR SERVICE OF THE SYSTEM PROVIDED HEREIN, AND BIND SUBSCRIBER TO SAID SUBCONTRACTOR WITH THE SAME FORCE AND EFFECT AS THEY BIND SUBSCRIBER TO EPS.

H. APPROVAL:

This Agreement shall not be effective until executed in writing by an authorized representative of EPS. Further, this Agreement supersedes all previous Agreements and any Riders thereto, between the parties as to the premises listed above.

I. ENTIRE AGREEMENT

The Agreement of the parties is expressed hereinabove and in the Terms and Conditions on the reverse side and no verbal understandings or agreement shall alter, change or modify the terms and provisions of this Agreement. It is understood and agreed by and between the parties hereto, that if there is any conflict between this Agreement and Subscriber’s purchase order, or any other document, this agreement will govern, whether such purchase order or other document is prior or subsequent to this Agreement.

SUBSCRIBER ACKNOWLEDGES THAT THE LIABILITY OF EPS IS LIMITED AS SET FORTH IN PARAGRAPHS D, E, F AND G, AND ACCEPTS THE LIMIT SET FORTH THEREIN.

SUBSCRIBER ACCEPTS ALL THE PROVISIONS OF THIS AGREEMENT AND AGREES THAT THERE HAS BEEN NO RELIANCE PLACED ON ANY PROVISION NOT APPEARING

HEREIN.

ENGINEERED PROTECTION SYSTEMS, INC. DT SUBSCRIBER

Michigan License # 3601202358

BY:__________________________________________________________ BY:____________________________________________Date______________ Director of Sales

Revision 2016.1

TERMS AND CONDITIONS

1. SUBSCRIBER’S AUTHORIZATION – Subscriber hereby authorizes and empowers EPS, its agents or assigns as follows:

A. To install said System as described in the Schedule of Protection at said location B. To enter the premises for the purpose of inspecting, testing and repairing said System C. To enter the premises in answer to a signal as representative and agent of Subscriber

2. SERVICE AGREEMENT:

A. Service for the equipment supplied under this Agreement will be provided by EPS if on the reverse side of this Agreement, Service Agreement is checked. All ordinary expenses of service and repairs shall be borne by EPS but if rendered necessary by alterations or repairs to the premises, such expenses shall be borne by Subscriber. If service agreement is not included, EPS will, if requested, provide the Subscriber with repair and parts replacement for the equipment at EPS’s prevailing prices and terms at the time.

B. Should any part of the system be damaged by fire, water or extraneous causes, repairs shall be paid for by Subscriber.

C. If Subscriber’s insurer, or any inspection bureau having jurisdiction, or by Subscriber’s own act, shall require or make necessary any changes to the System as originally installed, Subscriber agrees to pay for the cost of such changes.

D. It is understood and agreed that EPS’s obligations relates to the service of the specified System(s), and that EPS is in no way obligated to maintain, repair, service, operate or assure the operation of the property, system or any devices of the Subscriber or of others to which EPS’s Systems are attached.

E. The Subscriber agrees that any person or persons, unauthorized by EPS will not be permitted to alter, remove or tamper with Equipment mentioned herein, and will safeguard said equipment against loss and damage during the term of this agreement. The Subscriber shall not permit any device, contrivance or apparatus to be attached to the lines, wires, instruments or equipment of such System, except by the authorized agents of EPS without the written permission of EPS.

F. Service will be furnished by EPS during its normal working hours, Monday through Friday, except holidays. EPS shall have full and free access to the equipment to perform service thereon. EPS shall not be responsible for failure to render service due to causes beyond its control. Service rendered outside the normal working hours for EPS are not within the scope of the Service Agreement unless specifically agreed to between EPS and the Subscriber and so noted on this document.

G. Subscriber shall carefully and properly set the system at closing of the premises. Subscriber shall carefully and properly test the equipment designated on the schedule of protection, prior to each closed period and shall immediately report to EPS any claimed inadequacy in or failure of the System. EPS shall make such repairs as soon after receipt of notice as is reasonably possible.

H. If the System includes a sprinkler system, EPS shall be responsible only for the service of EPS’s equipment, and only for making the appropriate response to an alarm signal, if received by EPS. Subscriber is solely responsible for maintenance of the sprinkler system, including adequate heat, so it will at all times be in good working order. If pressure pumps are needed for proper operation of sprinkler supervisory and water flow alarms, due to fluctuation in the water pressure, such pressure pumps shall be provided by the Subscriber at Subscriber’s expense.

3. MONITORING:

A. Signal receiving and notification service shall be provided by EPS if on the reverse side of this Agreement the Monitoring option is checked. The Subscriber agrees to furnish EPS a list of the names of all persons with whom EPS is authorized by Subscriber to communicate regarding the System and any signals received if EPS provides monitoring services.

B. Subscriber also understands EPS does not receive signals when the transmission mode is or becomes non-operational and that signals from the digital communicator cannot be received if the transmission mode is cut, interfered with or otherwise damaged. Subscriber acknowledges that a cellular communication back-up device is available at an extra expense.

C. In the event BURGLARY PROTECTION SERVICE is furnished under this Agreement, upon receipt of a burglar alarm signal from Subscriber’s premises, EPS, at its sole discretion, shall attempt to first contact a designated representative at the premise. If EPS has not contacted a designated representative, then EPS may attempt to contact the first designated representative on the contact list provided by Subscriber to EPS. If EPS is unable to reach a designated representative of Subscriber, then EPS shall make every reasonable effort to transmit the alarm promptly to the headquarters of the municipal police department, unless there is just cause to assume that an emergency condition does not exist.

D. In the event FIRE ALARM SERVICE is furnished under this Agreement, EPS shall make every reasonable effort to transmit to the municipal fire department all fire alarm signals received at this Central Station from the Fire Alarm System.

E. In the event MEDICAL ALERT OR HOLD-UP/PANIC ALARM SERVICE is furnished under this Agreement, EPS shall, on receipt of medical alert or hold-up/panic alarm signal from the Subscriber’s premises, make every reasonable effort to transmit the alarm promptly to the headquarters of the municipal police department or designated emergency service.

F. In the event a SUPERVISORY OR TROUBLE SIGNAL registers at EPS’s Central Station, EPS shall make every reasonable effort to notify the designated representative of Subscriber.

G. OPENING & CLOSING SUPERVISION shall be provided by EPS if, on the reverse side of this Agreement, opening and closing supervision is checked.

H. If ALARM RESPONSE SERVICE is available and is checked in this Agreement, on receipt of an alarm signal from Subscriber’s premises, EPS will make a reasonable effort to send its representative, who will, only if Subscriber has provided a key in an EPS approved knox box located on premises, enter and make search of Subscriber’s premises and is hereby authorized, as the agent of Subscriber, to cause the arrest of any person or persons found on the premises without authority to enter, and to hold or cause to be held, him or them, until released by Subscriber or Subscriber’s authorized representative. In the event of interruption to the burglar alarm service, the services of EPS shall cease upon visual inspection of the protected premises from the inside and making of necessary emergency repairs to the burglar alarm system, where keys have been furnished in an EPS approved knox box. Where a knox box has not been furnished, services of EPS shall cease upon visual inspection of the protected premises from the outside.

4. CANCELLATION:

A. This Agreement may be terminated at the option of EPS at any time in the event that EPS’s Central Station is destroyed or so substantially damaged by fire or other catastrophe that it is impractical to continue service, or in the event that EPS is unable either to secure or retain the connections or privileges necessary for the transmission of signals by means of communication between the Subscriber’s premises and EPS’s Central Station or agency and EPS shall not be liable for any damages or subject to any penalty as a result of such termination. In the event of such termination, EPS will refund to the Subscriber any advance payments made for service to be supplied subsequent to the date of such termination.

B. It is understood and agreed that this Agreement may be terminated by EPS for non-payment of any undisputed amounts and in the event that the Subscriber fails to follow any recommendations EPS may make for the repair or the replacement of defective parts of their system not covered under the Service Agreement or in the event that the Subscriber’s failure to follow the operating instructions provided results in an undue number of false alarms or if the premises in which the system is installed are so modified or altered after installation as to render continuation of service impractical.

C. Subscriber may immediately terminate this Agreement in whole or in part without penalty and for any reason, including but not limited to, appropriation or budget shortfalls.

5. INSTALLATION:

A. EPS assumes no liability for delay in installation of the System, or interruption of service due to strikes, riots, floods, fires, acts of God or any cause beyond the control of EPS including interruption in telephone services. EPS will not be required to supply service to the Subscriber while interruption of service due to any such cause shall continue.

B. Any installation charge quoted in this agreement is based on EPS performing the installation with its own personnel, or EPS’s subcontractors. If for any reason this installation must be performed by outside Contractors, said installation charge shall be subject to revision.

C. Subscriber hereby authorizes EPS to make installations during regular working hours. Any variation from or alteration of the installation herein specified must be requested in writing by Subscriber and shall be paid for by Subscriber.

D. Subscriber shall supply or provide the necessary energy and power required to operate said System(s) at no expense to EPS. In the event of a power failure or other interruption at Subscribers premises, Subscriber shall notify EPS immediately.

E. Telephone Service. Subscriber shall supply, at no charge to EPS, telephone hook-ups, internet access, and IP addresses as deemed necessary by EPS, in its sole discretion, AND TO NOTIFY EPS OF ANY CHANGE IN SUCH SERVICE.

F. Wire mold or conduit for any wiring, plenum wire, trenching for buried conduit or wiring located outside the building is not included in the agreement, unless specifically included in our proposal. If any of the preceding is required, Subscriber will agree to provide such at Subscriber’s expense.

G. Subscriber acknowledges that EPS has no way of knowing of the existence of hidden pipes, wires or other obstructions within walls, and it is Subscriber’s obligation to make EPS aware of such conditions, failing which EPS shall have no responsibility whatsoever for damage that may be caused.

6. Any dispute arising from this Agreement must be resolved in the Michigan Court of Claims.

7. ASSIGNABILITY - This Agreement is not assignable by the Subscriber without the prior written approval of EPS which shall not be unreasonably withheld. EPS may assign its interest in this Agreement to any entity which is licensed to provide the services required to be performed by EPS.

8. PARTIAL INVALIDITY - In the event that any of the provisions of this Agreement shall be held to be invalid or unenforceable or to violate the provisions of any law, such finding shall not affect the validity or enforceability of the remaining provisions of this Agreement. In such case, the unenforceable or invalid provisions shall be deemed stricken, shall be deemed as non-material to the Agreement as a whole, and the balance of the Agreement shall be construed and enforced as if the stricken provisions were never part of the Agreement.

NOTICE OF CONTRACT

NOTICE OF CONTRACT NO. 071B7700112 .

between

THE STATE OF MICHIGAN

and

C O

N T

R A

C T

O R

Engineered Protection Systems (EPS)

S T

A T

E P ro gr am an ag er Miguel Contreras MSL

Suite 200, 750 Front Ave NW 517 -335-5777

Grand Rapids, MI 49504 ContrerasM@michigan.gov

Drew Fleming

C o nt ct

A dm in is tr at or Steve Rigg DTMB-Procurement

616-459-0281 517-284-7043 dflemming@epssecurity.com RiggS@michigan.gov

DESCRIPTION: Intrusion Alarm and Card Access Equipment, Monitoring and Services

INITIAL EFFECTIVE DATE INITIAL EXPIRATION DATE

INITIAL AVAILABLE

OPTIONS

EXPIRATION DATE BEFORE

CHANGE(S) NOTED BELOW

January 1, 2017 December 31, 2020 5, 1 Year

PAYMENT TERMS DELIVERY TIMEFRAME

Net 45

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

☐ P-card ☐ Direct Voucher (DV) ☐ Other ☐ Yes ☒ No

MINIMUM DELIVERY REQUIREMENTS

NA

MISCELLANEOUS INFORMATION

Effective 1/1/2017 this Contract is established to secure the services of a qualified Contractor to maintain and monitor the existing security systems incorporated at the various MSL offices located throughout Michigan.