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HomeMy WebLinkAboutExhibit SUBAMENDMENT NO. 1 THIS DOCUMENT IS A SUBSTITUTION. THE ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 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: In Todd B. Hannon, City Clerk (Affix City Seal) APPROVED AS TO LEGAL FORM CORRECTNESS: LE Victoria Mendez, City Attorney ATTEST: THE CITY OF MIAMI, FLORIDA CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of Florida 0 2 Daniel J. Alfonso, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: By: Ann -Marie Sharpe, Director Risk Management Department CONTRACTOR ShotSpotter, Inc., a foreign profit corporation authorized to do business in the State of Florida 0 Corporate Secretary By: (Affix Corporate Seal) President or Authorized Manager or Managing Member AMENDMENT NO. 1 SUBSTITUTED. THE SHOTSPOTTER SERVICES AGREEMENT MI AND SHOTSPOTTER. INC. Tejo 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 /ntered ire Alert and Analysis Service ("Service") for the Department of Police ("Police") is into this day of 2017. RECITALS WHEREAS, the Agreement was entered int/in accordance with Sole Source No.13-14- 007, as authorized by Resolution No. 14-0137, to py6cure the Service for three (3) square miles in Liberty City and Little Haiti, and one (1)square m' a in Overtown, hereinafter referred to as Phase I, for a total amount not to exceed $275,000, all Gating $200,000 from the Law Enforcement Trust Fund, and $75,000 from the Community Red velopment Agency, and allocating funds for future annual subscription fees in the amounZeptable 5,000 from the various sources of funds, subject to the availability of funds and budgetarval at the time of need. Resolution 14-0137 further authorized the City Manager to execdocuments, in substantially the attached form and any necessary documents in a forma to the City Attorney for said purpose; and WHEREAS, Police has incl! ted a need to expand the Services to include five (5) square miles in the North and Centra! eas of the City, hereinafter referred to as "Phase II", and an additional five (5) square miles i 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 rteen (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 incorpor to (Phase II), at a cost of $325,000 annually, for a period of three (3) years and an additionV,;and e (5) square miles in (Phase III) at a cost of $325,000 annually, for a period of three (3) year WHE EAS, it is requested to allow for a five percent (5) cost of living adjustment ("COLA") to the annu'A service subscription renewal for Phase I, at a cost of $185,000 plus COLA, for three (3) additi al years, authorizing the City Manager to execute the amendment, in substantially the attacheo form, with ShotSpotter, Inc. 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 areastq the Scope of Work hereinafter as set forth, the parties agree to as follows: / Amendment No. 1 hereby authorizes the expansion of Services to incorpora/esubscription iti0 i five (5) square miles in the North and Central areas of the City, (Phase II), effectivt y upon execution of Amendment No. 1, at a cost of $325,000 annually for a period of ars; and increases five (5) square miles in the Central, South, and Coconut Grove areaty, (Phase III), effective October 2018, at a cost of $325,000 annually for a period of tears; and allow for a five percent (5) Cost of Living Adjustment ("COLA") to the annual bscription renewal for Phase I, effective immediately upon execution of Amendment 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 0 Todd B. Hannon, City Clerk (Affix City Seal) APPROVED AS TO LEGAL FO CORRECTNESS: Victoria Mendez, City ATTEST: By: rporate Secretary ( fix Corporate Seal) 0 niel J. Alfonso, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: By: ey Ann -Marie Sharpe, Director Risk Management Department 2 CONTRACTOR ShotSpotter, Inc., a foreign profit corporation authorized to do business in the State of Florida President or Authorized Manager or Managing Member