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HomeMy WebLinkAboutExhibit SUBTHIS DOCUMENT IS A SUBSTITUTION. THE ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. AMENDMENT NO. 1 TO THE SHOTSPOTTER SERVICES AGREEMENT BY AND BETWEEM THE CITY OF MIAMI AND SHOTSPOTTER, INC. FOR SHOTSPOTTER FLEX GUNFIRE ALERT AND ANALYSIS SERVICE This Amendment No. 1 to the ShotSpotter Services Agreement dated May 02, 2014, (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and ShotSpotter, Inc., ("Contractor") a Foreign Profit Corporation authorized to do business in the State of Florida, for the provision of ShotSpotter Flex Gunfire Alert and Analysis Service ("Service") for the Department of Police ("Police") is entered into this day of , 2017. RECITALS WHEREAS, the Agreement was entered into in accordance with Sole Source No.13-14- 007, as authorized by Resolution No.14-0137, to procure the Service for three (3) square miles in Liberty City and Little Haiti, and one (1) square mile in Overtown, hereinafter referred to as Phase I, for a total amount not to exceed $275,000, allocating $200,000 from the Law Enforcement Trust Fund, and $75,000 from the Community Redevelopment Agency, and allocating funds for future annual subscription fees in the amount of $185,000 from the various sources of funds, subject to the availability of funds and budgetary approval at the time of need. Resolution 14-0137 further authorized the City Manager to execute the documents, in substantially the attached form and any necessary documents in a form acceptable to the City Attorney for said purpose; and WHEREAS, Police has indicated a need to expand the Services to include five (5) square miles in the North and Central areas of the City, hereinafter referred to as "Phase II", and an additional five (5) square miles in the Central and South areas of the City, and Coconut Grove, hereinafter referred to as "Phase III". The incorporation of Phases II and III will increase the Service coverage area to fourteen (14) square miles, and combined, will address a total of 3,667 "Shots Fired" calls (83% of city-wide total), 1,086 aggravated assaults (82.5% of city-wide total), and 137 murders (87.3% of city-wide total); and WHEREAS, it is requested to enter into Amendment No. 1 with the Contractor, to expand Services to incorporate (Phase II), at a cost of $325,000 annually, for a period of three (3) years and an additional five (5) square miles in (Phase III), at a cost of $325,000 annually, for a period of three (3) years; and WHEREAS, it is requested to allow for a five percent (5) cost of living adjustment ("COLA") to the annual service subscription renewal for Phase I, at a cost of $185,000 plus COLA, for three (3) additional years, authorizing the City Manager to execute the amendment, in substantially the attached form, with ShotSpotter, Inc. FILE NO. 3216 1 NOW THEREFORE, the recitals above are incorporated herein by reference, and in consideration of the foregoing, the parties hereby amend the agreement to add the following service areas to the Scope of Work hereinafter as set forth, the parties agree to as follows: Amendment No. 1 hereby authorizes the expansion of Services to incorporate an additional five (5) square miles in the North and Central areas of the City, (Phase II), effective immediately upon execution of Amendment No.1, at a cost of $325,000 annually for a period of three (3) years; and increases five (5) square miles in the Central, South, and Coconut Grove areas of the City, (Phase III), effective October 2018, at a cost of $325,000 annually for a period of three (3) years; and allow for a five percent (5) Cost of Living Adjustment ("COLA") to the annual service subscription renewal for Phase I, effective immediately upon execution of Amendment No. 1, for three (3) additional years. \ Shotspotter shall not treat the City of Miami ("City") worse than any other similarly -situated local government and, in this regard, grants the City a "most favored customer clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Shotspotter grants now or in the future to a similarly situated local government. All other terms, covenants and conditions of the original Agreement issued thereto shall remain in full force and effect, except to the extent herein expressly amended. IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 to Sole Source 13- 14-007. ATTEST: THE CITY OF MIAMI, FLORIDA CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of Florida By: By: Todd B. Hannon, City Clerk Daniel J. Alfonso, City Manager (Affix City Seal) APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: Victoria Mendez, City Attorney Ann -Marie Sharpe, Director Risk Management Department ATTEST: CONTRACTOR ShotSpotter, Inc., a foreign profit corporation authorized to do business in the State of Florida 2 By: Corporate Secretary By: (Affix Corporate Seal) President or Authorized Manager or Managing Member 3 SUBSTITUTED. INCRRP 11R,TE6 18 9R t AMENDMENT NO. 1 TO THE SHOTSPOTTER SERVICES AGREEMENT BY AND BETWEEM THE CITY OF MIAMI AND SHOTSPOTT- - INC. FOR SHOTSPOTTER FLEX GUNFIRE ALERT AND ANALYS SERVICE This Amendment No. 1 to the ShotSpotter Services Agreemen dated May 02, 2014, (the "Agreement") between the City of Miami, a municipal corporation •f the State of Florida ("City"), and ShotSpotter, Inc., ("Contractor") a Foreign Profit Corporatio uthorized to do business in the State of Florida, for the provision of ShotSpotter Flex G fire Alert and Analysis Service ("Service") for the Department of Police ("Police") is -ntered into this day of , 2017. RECITALS WHEREAS, the Agreement was entered int 007, as authorized by Resolution No.14-0137, to p Liberty City and Little Haiti, and one (1) square m I, for a total amount not to exceed $275,000, all Fund, and $75,000 from the Community Red annual subscription fees in the amount of $ the availability of funds and budgetary ap authorized the City Manager to execut any necessary documents in a form a in accordance with Sole Source No.13-14- cure the Service for three (3) square miles in e in Overtown, hereinafter referred to as Phase cating $200,000 from the Law Enforcement Trust velopment Agency, and allocating funds for future 5,000 from the various sources of funds, subject to royal at the time of need. Resolution 14-0137 further the documents, in substantially the attached form and eptable to the City Attorney for said purpose; and WHEREAS, Police has indi►_ted a need to expand the Services to include five (5) square miles in the North and Central - eas of the City, hereinafter referred to as "Phase II", and an additional five (5) square miles the Central and South areas of the City, and Coconut Grove, hereinafter referred to as "P se III". The incorporation of Phases II and III will increase the Service coverage area to fo drteen (14) square miles, and combined, will address a total of 3,667 "Shots Fired" calls (83% o city-wide total), 1,086 aggravated assaults (82.5% of city-wide total), and 137 murders (87.3% .f city-wide total); and WHEREAS, it requested to enter into Amendment No. 1 with the Contractor, to expand Services to incorporote (Phase II), at a cost of $325,000 annually, for a period of three (3) years and an additional ve (5) square miles in (Phase III), at a cost of $325,000 annually, for a period of three (3) year and WHE r EAS, it is requested to allow for a five percent (5) cost of living adjustment ("COLA") to the annu . service subscription renewal for Phase I, at a cost of $185,000 plus COLA, for three (3) additial years, authorizing the City Manager to execute the amendment, in substantially the attache• form, with ShotSpotter, Inc. 1 SUBSTITUTED. NOW THEREFORE, the recitals above are incorporated herein by reference, and in consideration of the foregoing, the parties hereby amend the agreement to add the following service areas t the Scope of Work hereinafter as set forth, the parties agree to as follows: Amendment No. 1 hereby authorizes the expansion of Services to incorporate an additio :I five (5) square miles in the North and Central areas of the City, (Phase II), effective immediat y upon execution of Amendment No.1, at a cost of $325,000 annually for a period of three (3) -ars; and increases five (5) square miles in the Central, South, and Coconut Grove areas of the ity, (Phase III), effective October 2018, at a cost of $325,000 annually for a period of three years; and allow for a five percent (5) Cost of Living Adjustment ("COLA") to the annual sery e subscription renewal for Phase I, effective immediately upon execution of Amendment N•. 1, for three (3) additional years. All other terms, covenants and conditions of the original Agreemen issued thereto shall remain in full force and effect, except to the extent herein express) amended. IN WITNESS WHEREOF, the parties have executed this Amendm- t No. 1 to Sole Source 13- 14-007. THE CITY O ` MIAMI FLORIDA ATTEST: CITY OF MI I, FLORIDA, a municipal Corporatio of the State of Florida By: By: Todd B. Hannon, City Clerk Daniel J. Alfonso, City Manager (Affix City Seal) APPROVED AS TO LEGAL FO' 1 APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: Victoria Mendez, City orney Ann -Marie Sharpe, Director Risk Management Department CONTRACTOR ShotSpotter, Inc., a foreign profit corporation authorized to do business in the State of Florida ATTEST: By: By: rporate Secretary President or Authorized Manager or ix Corporate Seal) Managing Member 2