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Aug 20 2013 Min & Exhibit 116 AUGUST 20,2013-REGULAR MEETING&BUDGET WORKSHOP-PAGE 16 OF 24 AGENDA COUNCIL ACTION-DISCUSSION-VOTE X. NEW BUSINESS CONTINUED. E. Motion to ratify an amendment to the Combined Operational The original agreement was entered into on May 25,1995,the last amendment was approved April 22,2009.This Assistance and Voluntary Cooperation Mutual Aid Agreement between amendment modifies the wording in paragraph IV.g. as follows: During the course of, and in furtherance of the the Police Department and the Sheriff's Office continued. operations directly related to the Okeechobee Narcotics Task Force,the Sheriff's Office shall pay the salary and any overtime for the officer assigned to the Task Force by the Police Department and shall not make the assigned police officer an employee.The payment by the Sheriffs Office of the salary and overtime,however,shall be subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law due to limited funding : . - -- . ': : ::'-- . : : --. Then due to the language in paragraph X, "..effective date is upon execution and approval by this hereinafter named officials.."the 2009 version named the late Cliff Betts,Chairperson for the Board of County Commissioners.The document should reflect the current Chair,which is the Honorable Frank Irby.The Mayor and Council noted their appreciation to the Sheriffs Office for their cooperation on this endeavor,which creates the Drug Task Force,it has been a good program for both entities. VOTE KIRK-YEA MAXWELL-YEA O'CONNOR-YEA WATFORD-YEA WILLIAMS-YEA MOTION CARRIED F. Motion to approve implementation of The Compliance Engine web- Council Member Williams moved to approve implementation of The Compliance Engine web-based system as a based system as a management tool for Life Safety Inspections-Fire management tool for Life Safety Inspections;seconded by Council Member O'Connor.Following a brief discussion, Chief Smith(Exhibit 10). the motion and second were withdrawn as Council had approved that action at the July 16th meeting.Approving the contract is what is being requested.Chief Smith distributed a copy of the proposed agreement and a copy of Martin County's bid award.Council Member Williams moved to approve the agreement with Brycer,LLC of Warrenville, IL,for Fire Prevention Compliance Software and Services(this is a piggy-back of Martin County's Bid,RFP No.2578-0-2013/NC);seconded by Council Member O'Connor. As explained at the July 16t meeting,the Fire Department researched the ability to streamline and create consistency in the method of data aggregating,document management and information delivery vehicle for fire prevention bureaus and inspection companies to ensure compliance with adopted fire codes and administration of fire system testing reports as outlined in the National Fire Protection Agency and Code for Life Safety Mechanical Systems.Martin County recently advertised and awarded a bid for this same service,and as allowed,the City may opt to award the same.The vendor will receive compensation by collecting service fees directly from the third party inspectors.There is no cost to the City. - AUGUST 20,2013-REGULAR MEETING&BUDGET WORKSHOP-PAGE 17 OF 24 117 AGENDA COUNCIL ACTION•DISCUSSION-VOTE IX. NEW BUSINESS CONTINUED. F. Motion to approve implementation of The Compliance Engine web- VOTE based system as a management tool for Life Safety Inspections KIRK•YEA MAXWELL•YEA O'CONNOR•YEA continued. WATFORD•YEA WILLIAMS•YEA MOTION CARRIED. G. Motion to award a bid in the amount of$20,130.00 to Lifestyle Exterior Council Member O'Connor moved to award Bid No.PW-04-00-07-13,in the amount of twenty thousand,one Products for Chamber of Commerce Building Window Replacement- hundred thirty dollars($20,130.00)to Lifestyle Exterior Products of Ft.Myers,for the Chamber of Commerce City Administrator(Exhibit 11). Building Window Replacement Project;seconded by Council Member Williams. The bids were advertised on July 24,with a bid opening held at 10:00 a.m.on August 6,2013,receiving six responses,after review of bid requirements,credentials,and references verified,Staff is recommending award to the lowest bidder named above.The local vendor preference limits at 5 percent over,the next lowest bid from a local bidder was 13.4 percent over.Bids and amounts were also received from: R.Mossel Construction of Okeechobee,$22,825.00 Sinemark Construction of Wellington,$27,720.00 Mancil's Tractor Service of Stuart,$24,446.18 Neal Long Construction of Okeechobee,$65,670.00 Ted Starr Construction of Okeechobee,$24,640.00 Administrator Whitehall also explained that the Chamber is now requesting an extension to their time frame from 18 to 24 months to reimburse the City their 50 percent.When the Council first approved the Chamber's request on May 4,2013,it was for them to administer the project and the City to pay for one-half of the costs to replace the 22 windows.The amount of the project was estimated to be$18,502.00 and was based on a quote from Batton Consulting Service,LLC.The quote noted there could be additional costs for interior/exterior repairs to the walls around the windows.Then on July 16,as requested by the Chamber,the Council approved for the City to administer the project,and allow the Chamber to take up to 18 months to reimburse the City for their half of the project costs. Council Member Watford moved to amend the motion(made at the July 16,2013 Regular Meeting),to allow the Chamber of Commerce up to 24 months to make their reimbursement;seconded by Council Member O'Connor. Administrator Whitehall asked for clarification whether this meant the Chamber was required to make payments on a specific schedule or just so the final amount is paid by the end of 24 months.The consensus of the Council was no specific schedule,as long is it is paid by the end of the time period. Exhibit 10 Mj n- rw f ? ': Oily ok C echo ee Aug 20, 2013 - 111 e ,,p6i. '�A.�1_1SL'e!'(;, 4 10 July 2013 The Compliance Engine is a management tool for Life Safety Inspections. It manages reports given by contractors on Life Safety Inspection issues such as fire extinguishers, fire sprinkler systems, fire alarms, commercial hood extinguishing systems, and fire pumps. The Compliance Engine (TCE) is a web-based system connecting Authorities Having Jurisdiction (AHJ), commercial entities, and third party inspection companies delivering fire and life safety inspection reports in a completely streamlined and efficient manner. El COMPLIANT. TCE affords AHJs a platform to realize 100% compliance with adopted fire and life safety codes. fl PRODUCTIVE. In a time of constrained budgets, TCE will afford AHJs the ability to focus on deficient buildings, reducing administrative work and improving utilization of fire department manpower. fl SIMPLE. All with a click you receive a profile of your jurisdiction's life safety apparatuses by premise, readable uniform reports sorted compliant or deficient, automated notification letters and deficiency tracking affording you time to achieve your goals of a safer community. The contractor's will be charged $10.00 annually for inspection reports per address. Example: Fire Alarm Report, Fire Sprinkler System Reports, Fire Pump Reports, and Commercial Hood Extinguishing Systems. The Compliance Engine has been in use for 2 1/2 years and is being used in 7 states. Martin County FL was the first county in FL to adopt the use of the Compliance Engine. Martin County has gone through legal and also requests for proposals for similar products before choosing the Compliance Engine. The contract between Martin County and Brycer was finalized on January 7th, 2013 and final implementation for all contractors to report to the new system was put in place May 1st, 2013. Many of the contractors serving Martin County also serve Okeechobee County. Okeechobee County and City of Okeechobee Jurisdictions have been in communication with Brycer for more than a year looking into the benefits of the system to our community. As inspections are completed by the certified fire protection contractors Okeechobee City Fire Department will be advised electronically of the businesses that are deficient and those who are in compliance with state and local fire safety regulations. When a local business is deficient, notification will make it faster and easier for us to have the deficiency addressed and corrected. Should the board approve entering into this agreement, we will need to prepare a resolution for adoption at a later meeting that will formally enact use of The Compliance Engine. Staff will have some preliminary work prior to approval of the resolution in order to formally engage The Compliance Engine. Staff would recommend approval of the contract agreement with Brycer LLC-The Compliance Engine using Martin County's bid process and agreement as our purchasing bases; subject to approval by the City Attorney. Respectively, Herb Smith Fire Chief City of Okeechobee Fire Dept. 55 S.E. Third Avenue o Okeechobee, Florida o 34974-2932 o 863-467-1586 o Fax: 863-763-4489 Ft.Statutes state the owner of any building with fire protection systems including fire extinguishers shall be maintained and certified by a fire _ protection contractor approved by the state. Fire protection contractor can be any company recognized by the state such as a Fire Alarm,Fire Sprinkler, Fire Extinguisher,etc. It is the responsibility of the bldg./business owner to contact the company for maintenance and certifications. BUSINESS OWNER 4 CITY OF OKEECHOBEE FIRE CONTRACTORS RESPONSIBILITY FIRE CONTRACTOR They are required to execute the essential maintenance/repairs on the fire systems or : devices with the consent of the business/bldg.owner. They are obligated to notify the i: local(AHJ)Fire Chief/Marshal to report systems status and identify any deficiencies with these life safety items. i Local A1-11 receives the notification. Presently,the A11.1 receives hard copies of the fire contractor's reports as well as on CD/DVD. The present process is not efficient and timely due to many reasons.There is no accountability that all systems and/or devices have been properly maintained/repaired/recertified due to the multiple fire contractors,no way to know who works on what without physically sending a City Fire Inspector to each business that can be multiple times annually based on their particular fire protection. OFD does not have the manpower to ensure and inspect all the businesses throughout the year. OFD targets the"high hazard"occupancies first based on the highest impact of danger to owners and citizens each year. ITHE COMPLIANCE ENGINE(ICE) 14 The proposed use of a third party entityJTCE)to retain records and send out deficiency letters will enhance our inspection process and allow more efficient use of manpower and cover more business inspections per year at no cost to City of Okeechobee Fire Department. Private(third party)web based company that has a contract established with the local AHJ which causes any fire protection contractor that enters the city limits and"touches"the fire protection system or devices shall be registered with TCE. This establishes a more proficient process to ensure required fire protection systems including fire extinguishers are being correctly maintained and certified per Florida Statues for the protection of the citizens. AGREEMENT BETWEEN CITY AND CONTRACTOR FOR GOODS AND SERVICES THIS AGREEMENT, effective this 20th day of August in the year, 2013,between: City of Okeechobee Florida, located at 55 S. E. Third Ave, Okeechobee, FL 34974 AND the CONTRACTOR: Brycer LLC (hereinafter CONTRACTOR) 4355 Weaver Parkway Waarrenville, IL 60555 Bid Name: Fire Prevention Compliance Software & Services (Martin County) Bid Number: RFP2013-2578 (Martin County) Term: Three (3) years plus two 1-year renewal options Not to Exceed Amount: No Cost to City Page 1 of 10 RFP2013-2578 Fire Prevention Software WHEREAS, CITY has previously determined that is has a need for goods and/or services more specifically outlined in the Request for Proposal(RFP)and the Scope of Services; and WHEREAS, MARTIN COUNTY solicited competitive bids for such services pursuant to the Martin COUNTY bid number referenced on Page 1 of this Agreement; and WHEREAS,MARTIN COUNTY awarded the RFP to CONTRACTOR;and WHEREAS, CONTRACTOR has represented that it is able to satisfactorily provide the services and or materials according to the terms and conditions of the RFP, which is incorporated herein by reference, and the terms and conditions contained herein;and NOW THEREFORE, in consideration of the above and mutual covenants contained herein, the parties agree as follows: 1. Services to be Performed. The CONTRACTOR hereby agrees to provide the CITY with goods and services, as requested and more specifically outlined in the Scope of Services attached hereto and made a part hereof as Exhibit A, this Agreement and all subsequent official documents that form the Contract Documents for this Agreement, including any additional contract terms contained herein. 2. Time of Service. Services shall be performed in a timely manner, as specified in the Request for Proposal or as set forth herein. 3. Term of Agreement/Option of Renewal. This Agreement shall be in effect from the date of execution and for the term indicated on Page 1 of this Agreement and any extensions thereof. This Agreement may be renewed subject to execution of a written agreement between the CITY and CONTRACTOR for up to 90 additional days. This option shall be exercised only if all prices, terms and conditions remain the same, or decrease. 4. Amendment of the Agreement. This Agreement may be amended only by mutual written agreement signed by the parties. No statement, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the parties or is binding upon any of them. The parties acknowledge that this agreement contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Agreement is executed. 5. Assignment/Subcontracting. The CONTRACTOR shall perform all services and provide all goods and equipment required by this Agreement. No assignment or subcontracting shall be allowed without the prior written consent of the CITY. In the event of a corporate acquisition and/or merger, the CONTRACTOR shall provide written notice to the CITY within thirty(30)business days of CONTRACTOR'S notice of such action or upon the occurrence of said action,whichever occurs first. The right to terminate this Agreement,which shall not be unreasonably exercised by the CITY, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state or federal laws. Action by the CITY awarding a bid to a bidder, which has disclosed its intent to assign or subcontract in its response to the RFB, without exception shall constitute approval for purpose of this Agreement. Page 2 of 10 RFP2013-2578 Fire Prevention Software 6. Termination/Default. CITY shall notify CONTRACTOR of any failure to comply with any requirement in the Scope of Work and shall notify CONTRACTOR in writing of such failure/default. CONTRACTOR shall correct such failure/default within ten (10) working days. CITY shall have the right to terminate this Agreement if such correction is not made within the time specified above. CITY reserves the right to cancel this Agreement, without cause, by giving sixty (60) days prior written notice to the CONTRACTOR of the intention to terminate. Failure of the CONTRACTOR to comply with any of the provisions of this Agreement shall be considered a material breach of Agreement and shall be cause for immediate termination of the Agreement at the sole discretion of the CITY. 7. Compensation. CITY shall not pay any fees to the CONTRACTOR. 8. Permit/ Licenses. CONTRACTOR must secure and maintain any and all permits and licenses required to complete this Agreement. 9. Audit. The CONTRACTOR shall retain all records relating to this Agreement for a period of at least three (3) years after final payment is made. All records shall be kept in such a way as will permit their inspection pursuant to Chapter 119, Florida Statutes. In addition, CITY reserves the right to have access to such records as required in this section for the purpose of inspection or audit during normal business hours, at the CITY'S cost, upon five(5)days prior written notice. 10. Minimum Insurance Requirement. The CONTRACTOR must maintain insurance in at least the amounts required throughout the term of this Agreement or any renewals or extensions. The CONTRACTOR must provide a Certificate of Insurance in accordance with the Insurance Requirements and as set forth herein naming the CITY as an additional named insured evidencing such coverage prior to issuance of a purchase order or commencement of any work under this Agreement. a. Loss Deductible Clause: The CITY shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Contractor and/or subcontractor providing such insurance. b. Worker's Compensation Insurance: The Contractor shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project and, in case any work is sublet,the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Worker's Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the CITY for the protection of its employees not otherwise protected. Coverage to include Employers Liability $100,000 each accident, $100,000 each Disease/Employee and$500,000 each Disease/Maximum. c. Commercial Automobile Liability Insurance: The Contractor shall take out and maintain during the life of this agreement Comprehensive Automobile Liability Insurance for "Any Auto" (owned, hired and non owned)for a minimum of$1,000,000 Combined Single Limit. d. Commercial General Liability Insurance: The Contractor shall take out and maintain during the life of this agreement Commercial General Liability insurance Including coverage for bodily injury, property damage, personal/advertising injury and products/completed operations for negligent acts which may arise from operations under this Agreement whether such operations are alone or by anyone directly or indirectly employed by it. The policy should include Page 3 of 10 RFP2013-2578 Fire Prevention Software Contractual Liability to cover the hold harmless and indemnity provision as set forth in this agreement. The amounts of such insurance shall be the minimum limit as follows: Each Occurance- $1,000,000 Personal/Advertising Injury- $1,000,000 Products/Completed Operations Aggregate- $2,000,000 General Aggregate- $2,000,000 Fire Damage- $100,000 and 1 fire Medical Expense- $10,000 any 1 person e. Commercial Automobile and General Liability Insurance: The Contractor shall require each of its subcontractors to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subcontractors in its policy, as specified above. 11. Force Majeure.Neither party shall be responsible for any failure to perform due to unforeseen, non- commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, earthquakes, blackouts, accidents, or strikes. In the event of any such delay, any applicable period of time for action by said party may be deferred for a period of time equal to the time of such delay, except that a party's failure to make any payment when due hereunder shall not be so excused. 12. Warranty. CONTRACTOR represents and warrants to CITY that CONTRACTOR has all rights necessary in and to any patent, copyright, trademark, service mark or other intellectual property right used in, or associated with, the Solution, and that CONTRACTOR is duly authorized to enter into this Agreement and provide the Solution to Client pursuant to this Agreement. 13. Disclaimer. All information entered into CONTRACTOR'S database is produced by third party inspectors and their agents. Therefore, brycer specifically disclaims any representation or warranty as to the accuracy or completeness of any information entered into CONTRACTOR's database by either client or third party inspectors. Except as set forth in Section 12, CONTRACTOR makes no other warranty, express or implied, with respect to the solution or any other information and all other warranties, whether express or implied, are hereby disclaimed, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. CONTRACTOR'S sole liability for breach of the representation and warranty set forth in Section 12, and client's sole remedy, shall be that brycer shall indemnify and hold recipient harmless from and against any loss,suit, damage,claim or defense arising out of breach of the representation and warranty. 14. Limitation on damages. Except as otherwise provided in Section 12, in no event shall CONTRACTOR be liable for or obligated in any manner for special, consequential, or indirect damages, including, but not limited to, loss of use, loss of profits or system downtime. CITY acknowledges and agrees that in no case shall CONTRCTOR'S liability for any loss of data or data integrity exceed the replacement cost of the media on which the data was stored. 15. Risks Inherent to Internet. CITY acknowledges that: (a) the Internet is a worldwide network of computers, (b) communication on the Internet may not be secure, (c) the Internet is beyond the control of CONTRACTOR, and (d) CONTRACTOR does not own, operate or manage the Internet. CITY also acknowledges that there are inherent risks associated with using the Solution, including but not limited to the risk of breach of security, the risk of exposure to computer viruses and the risk of interception, distortion, or loss of communications. CITY assumes these risks knowingly and voluntarily and indemnifies and holds CONTRACTOR harmless from all liability from all such risks. Not in limitation of the foregoing, CITY hereby assumes the risk, and CONTRACTOR shall have no responsibility or liability of any kind hereunder, for: (1) errors in the Solution resulting from misuse, negligence, revision, modification, or improper use of all or any part of the Solution by any entity other than CONTRACTOR or its authorized representatives; (2) any version of the Solution other than the then-current unmodified version provided to CITY; (3) CITY 's failure to timely or Page 4 of 10 RFP2013-2578 Fire Prevention Software correctly install any updates to the Client Access Software; (4) problems caused by connecting or failure to connect to the Internet; (5) failure to provide and maintain the technical and connectivity configurations for the use and operation of the Solution that meet CONTRACTOR's recommended requirements; (6) nonconformities resulting from or problems to or caused by non-Brycer products or services; or (7) data or data input, output, accuracy,and suitability,which shall be deemed under CITY's exclusive control. 16. Restrictions on Use. CITY shall not copy, distribute, create derivative works of or modify the Solution in any way. Client agrees that: (a) it shall only permit its officers and employees (collectively, the "Authorized Users") to use the Solution for the benefit of CITY; (b) it shall use commercially reasonable efforts to prevent the unauthorized use or disclosure of the Solution; (c) it shall not sell, resell, rent or lease the Solution; (d) it shall not use the Solution to store or transmit infringing or otherwise unlawful or tortious material, or to store or transmit material in violation of third party rights; (e) it shall not interfere with or disrupt the integrity or performance of the Solution or third-party data contained therein; and (f) it shall not reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the Solution. CITY is responsible for all actions taken by the Authorized Users in connection with the Solution. 17. Proprietary Rights. All right, title and interest in and to the Solution and any and all derivative works or modifications thereof (the "Derivative Works"), and any accompanying documentation, manuals or other materials used or supplied under this Agreement or with respect to the Solution or Derivative Works (the "Documentation"), and any reproductions works made thereof, remain with CONTRACTOR. CITY shall not remove any product identification or notices of such proprietary rights from the Solution. CITY acknowledges and agrees that, except for the limited use rights established hereunder, CITY has no right, title or interest in the Solution,the Derivative Works or the Documentation. 18. Indemnification. CONTRACTOR shall indemnify, pay the cost of defense, including attorneys' fees, and hold harmless the CITY from all suits, actions or claims of any character brought on account of any injuries or damages received or sustained by any person, person or property by or from the said CONTRACTOR; or by, or in consequence of any neglect in safeguarding the work; or by the use of unacceptable materials in the construction of improvements; or on account of any act or omission, neglect or misconduct of the said CONTRACTOR; or by, or on account of, any claim or amounts recovered under the "Workers Compensation Law" or of any other laws, by-laws, ordinance, order or decree, except only such injury or damage as shall have been occasioned by the sole negligence of the CITY. The first ten dollars ($10.00) of compensation received by the CONTRACTOR represents specific consideration for this indemnification obligation. 19. Governing Law. The laws of the State of Florida shall govern this Agreement. 20. Independent Contractor Status and Compliance with the Immigration Reform and Control Act of 1986. The CONTRACTOR is and shall remain an independent contractor and is neither agent, employee, partner nor joint venture of CITY. CONTRACTOR acknowledges that it is responsible for complying with the provisions of the Immigration Reform and Control act of 1986 located at 8 U.S.C. 1324, et. Seq., and regulations relating thereto, as either may be amended from time to time. Failure to comply with the above provisions shall be considered a material breach and shall be grounds for immediate termination of the Agreement, at the discretion of CITY. 21. Severability. The terms and conditions of this Agreement shall be deemed to be severable. Consequently, if any clause, term, or condition hereof shall be held to be illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and notwithstanding any such determination, this Agreement shall continue in full force and effect unless the particular clause, term, or condition held to be illegal or void renders the balance of the Agreement to be impossible or performance. 22. Conflict of Interest. CONTRACTOR represents that it has no interest and shall acquire no interest(s), which conflict in any manner with the performance of services required hereunder, as provided for in Chapter 112, Part 111, of the Florida Statutes, CONTRACTOR further represents that no person having any Page 5 of 10 RFP2013-2578 Fire Prevention Software interest shall be employed for said performance. CONTRACTOR shall notify CITY in writing by certified mail of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence CONTRACTOR'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that CONTRACTOR may undertake and request an opinion from CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by CONTRACTOR, CITY shall so state n the notification and CONTRACTOR shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict with respect to services provided to CITY by CONTRACTOR under the terms of this Agreement. 23. Documents Comprising Agreement. The Agreement documents shall include this Agreement as well as the following documents,which are incorporated herein by reference. a. Martin County's Request for Bid and all of its addenda and attachments which are part of the RFP set forth above. b. Contractor's Certificate of Insurance required in the Request for Bid; c. Contractor's response to the RFP or soliciting document. If there is a conflict between the terms of this Agreement and the above referenced documents, then the conflict shall resolved as follows: the terms of this Agreement shall prevail over the other documents,and the terms of the remaining documents shall be given preference in their above listed order. IN WITNESS WHEREOF, the CITY and the CONTRACTOR have executed this Agreement as of the date first above written. REVIEWED BY OKEECHOBEE,FLORIDA Herb Smith Bryan Whitehall Fire Chief CITY Administrator BRYCER LLC APPROVED AS TO FORM AND CORRECTNESS BY CITY ATTORNEY Bryan G. Shultz John Cook Managing Partner CITY Attorney Page 6 of 10 RFP2013-2578 Fire Prevention Software EXHIBIT"A" SCOPE OF SERVICES CONTRACTOR shall provide CITY a data aggregating, document management and information delivery vehicle for fire prevention bureaus and inspection companies to ensure compliance with adopted fire codes and administration of fire system testing reports as outlined in the NFPA and code for life safety mechanical systems (hereinafter"SOLUTION"). CONTRACTOR will interact directly with the individual inspection, testing, and maintenance company(ITM company), and will request, receive, record and maintain testing and compliance data. CONTRACTOR will receive compensation by collecting service fees directly from the third party inspectors. The software must be a web-based system that connects the Authority Having Jurisdiction(AHJs), commercial entities and fire protection contractors delivering fire and life safety inspection reports in a completely streamlined and efficient manner and a platform to realize 100% compliance with adopted fire safety codes relating to the inspection&testing of life safety systems. • Data migration service—Fully map CITY's premise data to ensure data integrity with current operating system(s) • Quarterly data updates • Payment Processing from businesses—charge, collect and process all fees • Track and maintain all life-safety inspection testing&maintenance reports completed for properties located within the CITY so that CITY can administer compliance with the adopted fire prevention codes at no-cost to the Fire Prevention Division. Life safety system types for which reports may be submitted include but are not limited to: • Fire Alarm Systems • Automatic Sprinkler Systems • Commercial Hood Cleaning • Commercial Hood Suppression System • Standpipe System • Active Smoke Control System • Special Suppression(Clean Agent) • Private Hydrant System • Fire Pump • Emergency Generator • Foam System Inspection,Testing& Maintenance Reporting services include: • Electronically receive inspection, testing and maintenance reports for all life-safety systems within jurisdiction; • Ensure only licensed contractors and inspectors are inspecting and servicing your constituents; • Manage all life-safety system testing reports from one simple dashboard; • Email fire and life safety system impairment notification — AHJ will receive an email for any reported system impairment within the CITY; • Continuous system premise profile update—tracked and updated by contractor of record; and, Page 7 of 10 RFP2013-2578 Fire Prevention Software • Complete record of all contractors working within your jurisdiction. Notifications shall include: • Renewal notification—Sent to the property for each life-safety system due for service by a licensed contractor. Notifications to be sent out 30 days prior to the due date of the inspection Contractor of record will also have a copy of this notification. • Overdue notification—Sent to property for each life-safety system overdue for service based on dates automatically tracked within the database. Notifications to be sent out 30 days past the last day of the month the system was due for service by a licensed contractor. Contractor of record will also have a copy of this notification. • Deficiency notification—With the click of the mouse by the AHJ, a notification will be mailed to the property with the deficiencies automatically embedded into the notification logged by the licensed contractor and approved by the fire prevention official. Deficiencies can be added or removed based on the review by the fire prevention bureau's team. Contractor of record will also have a copy of this notification. Sample analytical reports include: • Compliance analysis report—identify all buildings that have deficiency reports. • Past due premise report- life-safety apparatuses that are past due for inspection&testing. • Premise profile report analysis- entire landscape of installed life-safety systems within the jurisdiction • Contractor analysis report- tracks every business that each firm and inspector has serviced. • Inspector license tracking report-Track and analyze this licensing information. • Custom report creation • All reports shall be exportable and printable. Hosting and security services include: • Secure transmission and sessions (SSL encrypted) • Network protection (firewalls, 3rd party verification,hacker prevention, verification) • Password protected entry • Disaster recovery (multiple backups) • Internal and 3rd party testing and assessments • Security monitoring • Secure data centers • Unlimited mobile access from any interne connected device • Continuous, real-time, automatic data backup CONTRACTOR Responsibilities During the Tenn, CONTRACTOR shall be responsible for the following in connection with CITY's use of the Solution: • Availability. CONTRACTOR shall make the Solution available to CITY as set forth on herein. The maintenance schedule and minimum service levels for the Solution are set forth on herein. Page 8 of 10 RFP2013-2578 Fire Prevention Software • Service Level. CONTRACTOR shall provide commercially reasonable levels of customer service with respect to the Solution to all third parties who transact business with CITY and access the Solution. • Backup. CONTRACTOR shall backup the database used in connection with the Solution to a separate server located within the same web hosting firm which the Solution is being hosted on a real time basis. Upon request by CITY(which can be no more than once a month) or made prior to or within 60 days after the effective date of termination of the Term, CONTRACTOR will make available to CITY a complete and secure (i.e. encrypted and appropriately authenticated) download file of CITY data in XML format including all schema and attachments in their native format. CONTRACTOR shall maintain appropriate administrative,physical and technical safeguards for protection of the security, confidentiality and integrity of CITY data. CONTRACTOR shall not(a)modify CITY data or(b) disclose CITY data except as required by law. • Retention of Information. CONTRACTOR will maintain all information entered into the database by third party inspectors for at least five (5) years from the time such information is entered into the database. • Notices. CONTRACTOR will be responsible for generating and delivering the following notices to third parties in connection with the Solution: (a)reminders of upcoming inspections that are due; (b)notices that an inspection is past due; and (c) notices of completed inspection reports which contain one or more deficiencies. • Updates and Enhancements. In the event CONTRACTOR releases any updates, corrections, or enhancements to the Solution during the Term, CONTRACTOR shall promptly provide such updates or corrections to CITY free of any charge or fee. CITY Responsibilities During the Term, CITY shall be responsible for the following in connection with CITY's use of the Solution: • Operating System. CITY shall be solely responsible for providing a proper operating environment, including computer hardware or other equipment and software, for any portion of the Solution installed on the CITY's equipment(the "Client Access Software") and for the installation of network connections to the Internet. In addition to any other CITY Access Software requirements, CITY must use version Internet Explorer 7.0, Firefox version 3, Chrome 2 or Safari 4 (or more recent versions), in addition to having a.pdf reader installed on machines to view attachments. • Training. CITY shall allow CONTRACTOR at CITY's facilities to train all applicable personnel of CITY on the use of the Solution. • Information. CITY shall promptly provide CONTRACTOR with all appropriate information necessary for CONTRACTOR to create the database for the Solution, including without limitation: (a) all commercial building addresses within [jurisdiction] for CONTRACTOR's initial upload; and (b) quarterly updates to in a format acceptable to CONTRACTOR in its discretion. • Requirement. CITY shall take all actions necessary to amend all ordinances, codes,regulations and other applicable laws to require the use of the Solution by third party inspectors. Page 9 of 10 RFP2013-2578 Fire Prevention Software • Use of CITY Logo. During the Term of the Contract,the CITY shall allow CONTRACTOR access to the official CITY Logo for use on written notifications to OKEECHOBEE CITY Property Owners. Maintenance Schedule and Minimum Service Levels • Uptime and Maintenance. The Solution shall be available between 24 hours per day on each business day during the term of this Agreement. The Solution shall be fully functional, timely and accessible by Recipient at least 99.5% of the time or better and Developer shall use reasonable efforts to provide Recipient with advance notice of any unscheduled downtime. • Response Time. Developer shall respond to telephone calls from Recipient within two hours of the call and/or message and all emails from Recipient within two hours of the receipt of the email. • Customer Support. Customer support hours are 24/7/365. The toll free number is 1-855-279- 2371 CONTRACTOR will assign client a dedicated customer representative with direct access to their email and work number. Page 10 of 10 RFP2013-2578 Fire Prevention Software