HomeMy WebLinkAboutResolution No. 2026-20 First Due Agreement for Police Department Payroll Management and Scheduling Software Program - March 3, 2026CITY OF AVENTURA RESOLUTION NO. 2026-20
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE PROCUREMENT OF A
PAYROLL MANAGEMENT AND SCHEDULING SOFTWARE PROGRAM
FOR THE POLICE DEPARTMENT; APPROVING AN AGREEMENT WITH
LOCALITY MEDIA, LLC d/b/a FIRST DUE TO PROVIDE THESE
SERVICES; PROVIDING FOR IMPLEMENTATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura Police Department currently uses a software
program which has been laborious to maintain and does not adequately interface with the
City's payroll system, requiring staff to manually prepare payroll for the Police
Department; and
WHEREAS, Locality Media, LLC d/b/a First Due ("First Due") has a payroll
management and scheduling software program which will integrate seamlessly with the
City's new financial software programs, resulting in lower costs to the City; and
WHEREAS, the City Commission finds that it is in the best interest and welfare of
the residents to enter into an agreement with First Due to utilize the contractor's payroll
management and scheduling software program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That the City Commission hereby approves an agreement with First
Due, in substantially the form attached hereto, to provide the abovementioned software
program at a cost savings to the City.
Section 2. That the City Manager or his designee is hereby authorized to enter
into this agreement. Further, the City Manager is hereby authorized to do all other things
necessary to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Vice Mayor Bloom, who moved its
adoption. The motion was seconded by Commissioner Orlinsky, and upon being put to a
vote, the vote was as follows:
City of Aventura Resolution No. 2026-20
Commissioner Clifford B. Ain Yes
Commissioner Gustavo Blachman Yes
Commissioner Rachel S. Friedland Yes
Commissioner Paul A. Kruss Yes
Commissioner Cindy Orlinsky Yes
Vice Mayor Amit Bloom Yes
Mayor Howard S. Weinberg Yes
PASSED AND ADOPTED this V day of March, 2026.
vV '
HO ARD S. WEINBERG, ES
MAYOR
ATTEST:
t
ELLISA L. HORVAT MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
1;'11 A-
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
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r F-D first d u e
Agreement for Services
This Agreement for Services (this "Agreement") dated as of February 1, 2026 (the "Effective Date") is made
by and between Locality Media, LLC dbo First Due {"Firsi Due'), and the Aventurn Police Department
located at 19200 W Country Club Dr, Aventura, FL 33150 (the "Customer").
1. Service Access and Use Agreement. First Due maintains a website through which Customer members may
access First Due's First Due Size-UpTM Community ConnectTm, Mobile Respanderrm and/or other software -as -
a -service platforms and solutions identified in Exhibit A (collectively, the ".Service") in connection with the
performance of their Customer duties. First Due agrees to grant the Customer access to the Service pursuant
to the terms and conditions set forth below and in Exhibit A, and the Customer agrees to use the Service
only in strict conformity with and subject to such terms and conditions.
2. Credential Management, Data Submission, and License Rights. First Due may provide the Customer with one
or more user ID's, initial passwords, digital certificates and/or other devices (collectively, "Credentials")
and/or application programming interfaces f"APIs') to access the Service. The Customer shall access the
Service only by using such Credentials and AFIs. The Customer authorizes First Due to act on any instructions
First Due receives from users of the Service who present valid Credentials
and such individuals shall be deemed authorized to act on behalf of the Customer, including, without
limitation, to change such Credentials. It is the Customer's sole responsibility to keep all Credentials and
other means of access within the Customer's direct or indirect possession or control both confidential and
secure from unauthorized use. The Customer understands the utility of the First Due Size Up Service depends
on the availability of data and information relating to Locations and structures in the Customer's jurisdiction,
including but not limited to building system and structural information, building inspection codes and
incident report data (collectively, "Location Daia"). First Due also may process and furnish through the
Service, in addition to Location (Data, other data regarding residents and roadways within the Customer's
jurisdiction ("Community Data'). Location Data and Community Data are referred to collectively herein as
"Data". First Due may acquire Data from third party public and/or private sources in First Due's discretion. In
addition, the Customer will upload to the Service or otherwise provide to First Due in such form and using
such methods as First Due reasonably may require from time to time, any and all Data from the Customer's
records and systems which the parties mutually designate for inclusion in the Service database. The
Customer agrees not to filter or alter such records except to conform such Data to the formats reasonably
required by First Due. Subject to any third -party license restrictions identified expressly in writing by the
Customer, the Customer grants to First Due a non-exclusive, non -transferable, royalty -free license during the
Term of this Agreement and any applicable wind -down period to use Customer Dato solely as necessary to
provide, maintain, and support the Services under this Agreement. First Due shall not use Customer Data for
any other purpose without Customer's prior written consent.
3. Data Use, Disclaimers, and Limitations of Liability. As between the parties, the Customer and its employees,
contractors, members, users, agents, and representatives jcollectively, "Customer Users") are solely
responsible for determining whether and how to use Data accessed through the Service, The Customer
acknowledges that First Due, through the Service, provides an interface for viewing Data compiled from
the Customer and other sources over which First Due has no control and for which first Due assumes no
responsibility. First Due makes no representations orwarronties regarding any Location or structure (including
but not limited to a Location's safety- construction, occupancy, materials, hazards, water supply, contents,
location, surrounding structures, exposures, size, layout, compliance, condition or history), residents,
roadways, or any actual or expected outcome from use of the Data, nor does First Due make any
representation or warranty regarding the accuracy or reliability of the Data received by First Due. First Due
provides administrative and information technology services only and does not advise, recommend, or
render on opinion with respect to any information communicated through the Service and shall not be
responsible for the Customer's or any third Iparty's use of any information obtained through the Service.
4. Custprner Equipment and Technical .Requirements. The Customer shall obtain and maintain, at its own
expense, computers, operating systems, Internet browsers, tablets, phones, telecommunications
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equipment, third -party application services and other equipment and software ("Equipment") required for
the Customer to access and use the Service (the Service being accessible to users through standard Internet
browsers subject to third party network availability and signoi strength). First Due shall not be responsible for
any problem, error or malfunction relating to the Service resulting from Customer error, data entry errors or
malfeasance by the Customer or any third party, or the performance or failure of Equipment or any
telecommunications service, cellular or Wi-Fi network, Internet connection, Internet service provider, or any
other third -party communications provider, or any other failure or problem not attributable to First Due
('Technical Problems').
5. Term and Termination, This Agreement will be effective for an initial term of 8 months (the "Initial Term')
commencing on the Effective Date. After the Initial Term, this Agreement will automatically renew for
successive terms of 12 months each (a "Renewal Term"), subject to the right of either party to cancel
renewal at any time upon at least 60 days' written notice. First Due reserves the right to increase Customer's
renewal Service fees by no more than 37. per onnum, applied to the Service fees set forth in the previous
term. Either party also may terminate this Agreement immediately upon written notice if the other party- (i)
becomes insolvent; (ii) becomes the subject of a petition in bankruptcy which is not withdrawn or dismissed
within 60 days thereafter, (iii) makes an assignment for the benefit of creditors; or (iv) materially
breaches its obligations under this Agreement and fails to cure such breach within 30 days after the non -
breaching party provides written notice thereof.
6. Effects of Termination and Reservation of Rights. Upon termination, the Customer shall cease use of the
Service and all Credentials then in the Customer's possession or controi. This Section 6 and Sections 8 through
15 and 19 through 23 hereof shall survive any termination or expiration of this Agreement.
7. Fees, Additional Services, and Taxes. The Customer agrees to pay the fees set forth in Exhibit A far use of
those Service features described in Exhibit A (as available as of the Effective Date). First Due may charge
separately for services offered from time to time that are not included in the scope of Exhibit A (such
as new Service features, systems integration services and applications of the Service for new purposes),
subject to the Customer's written acceptance of the terms of use and fees associated with such
services. The Customer shall be responsible for the payment of all taxes associated with provision and use
of the Service lather than taxes on First Due's income).
B. Intellectual Property and Data Rights.
First Due IF. First Due owns and shall retain all right, title, and interest in and to the Service, all
components thereof, including without limitation all related applications, APIs, user interface
designs, software and source code (which shall further include without limitation any and all source
code furnished by First Due to the Customer in connection with the delivery or performance of any
services hereunder) and any and all future enhancements or modifications thereto howsoever
made and all intellectual property rights therein but not Dato furnished by the Customer. Except
as .expressly provided in this Agreement or as otherwise authorized in advance in writing by First Due,
the Customer and Customer Users shall not copy, distribute, license, reproduce, decompile,
disassemble, reverse engineer, publish, modify, or create derivative works from, the Service;
provided, however, that nothing herein shall restrict the Customer's use of the Data that the
Customer has provided.
Customer Data. Customer shall own all Customer data and upon termination or written request,
First Due shall provide Customer data to Customer.
9. Confidentiality.
"Confidential Information" means any and all information disclosed by either party to the other
which is marked "confidential" or "proprietary," including oral information that is designated
confidential at the time of disclosure. Without limiting the foregoing, all information relating to the
Service and associated software and the terms of this Agreement shall be deemed First Due's
Confidential Information. Notwithstanding the foregoing, "Confidential Information" does not
include any information that the receiving party can demonstrate (i) was known to it prior to its
disclosure hereunder; (it) is or becomes publicly known through no wrongful act of the receiving
party; (iiij has been rightfully received from a third party authorized to make such disclosure without
restriction; (iv} is independently developed by the receiving party, without the use of any
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Confidential Information of the other party: jv) has been approved for release by the disclosing
party's prior written authorization; or (vij is required to be disclosed by court order or applicable
low, provided that the party required to disclose the information provides prompt advance notice
thereof to the other party (except to the extent such notice is prohibited by low),
b, Each party hereby agrees that it shall not use any Confidential Information belonging to the other
party other than as expressly permitted under the terms of this Agreement or as expressly authorized
in writing by the other party. Each party shall use the some degree of care to protect the other
party's Confidential Information as it uses to protect its own confidential information of like nature,
but in no circumstances with less than reasonable care. Neither party shall disclose the other party'&
Confidential Information to any person or entity other than its employees, agents or consultants who
need access thereto in order to effect the intent of this Agreement and in each case who have
been advised of the confidentiality provisions of this Agreement, have been instructed to abide by
such confidentiality provisions, entered into written confidentiality agreements consistent with this
Section 9 or otherwise are bound under substantially similar confidentiality restrictions.
c. Each party acknowledges and agrees that it has been advised that the use or disclosure of the
other's Confidential Information inconsistent with this Agreement may cause special, unique,
unusual, extraordinary, and irreparable harm to The other party, the extent of which may be difficult
to ascertain, Accordingly, each party agrees that, in addition to any other remedies to which the
nonbreaching party may be legally entitled, the nonbreaching party shall have the right to seek to
obtain immediate iniunctive relief, without the necessity of posting a bond, in the event of a breach
of Section 9(a) or 9(b) by the other party, any of its employees, agents or consultants,
10. Limited Worrardy. FIRST DUE REPRESENTS AND WARRANTS THAT IT SHALL USE COMMERCIALLY REASONABLE
EFFORTS TO PROVIDE THE SERVICE WITHOUT INTRODUCING ERRORS OR OTHERWISE CORRUPTING DATA AS
SUBMITTED BY THE CUSTOMER. OTHER THAN THE FOREGOING, THE SERVICE, INCLUDING ALL DATA. IS
PROVIDED ON AN "AS 15' AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING
THE FOREGOING, FIRST DUE MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE
OR AVAILABLE AT ALL TIMES, NOR DOES FIRST DUE WARRANT THAT THE SERVICE WILL REMAIN COMPATIBLE
WITH, OR OPERATE WITHOUT INTERRUPTION ON, ANY EQUIPMENT OF THE CUSTOMER OR CUSTOMER USERS.
11. Service Levels and Support Obligations. First Due will provide the Service on a 24X7X365 basis with an uptime
guarantee of 99.5% avoilobility excluding scheduled maintenance. First Due will respond to Customer and
provide Initial Responses, Temporary Resolutions and Final Resolutions in accordance with the time
requirements set forth in the table below.
Severity Level:
1: Mission Critical -Software is down
/undiagnosed but feared critical;
situation may require a restore and
Software use is suspended until a
diagnosis is given
2: Critical Issue - Software is not
down, but operations are
negatively impacted
3: Non-Critfeal Issue
Vendor's Initial
Response will be
provided within:
60 minutes from
receipt of initial notice
from the Customer, or
discovery, of the error
Vendor's Temporary Vendor's Final
Resolution will be Resolution will be
provided wilhln: provided within:
24 hours from receipt
of initial notice from
the Customer, or
discovery, of the error
2 hours from receipt of 48 hours from receipt
initial notice from the of initial notice from
Customer, or the Customer, or
discovery, of the error discovery, of the error
2 doys from receipt of
initial notice from the
Customer, or error
discovery
2 days from receipt of
initial notice from the
Customer, or error
discovery
4 hours from receipt of 3 days from receipt of 15 days from receipt
initial notice from the initial notice from the of initial notice from
Customer, or Customer, or the Customer, or
discovery, of the error discovery, of the error error discovery
12, Warranty Limitations and Disclaimers. EXCEPT AS SET FORTH ABOVE IN SECTION 10, FIRST DUE
MAKES A'ND THE CUSTOMER RECEIVES NC WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY
REGARDING OR RELATING TO THE SUBJECT MATTER HEREOF. FIRST DUE SPECIFICALLY DISCLAIMS, TO THE
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FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE SUBJECT MATTER HEREOF, INCLUDING
WITHOUT LIMITATION THE SERVICE.
13. Customer Representations, Data Rights, and Use Restrictions. The Customer represents and warrants that the
Customer is authorized and has all rights necessary to enter into this Agreement, to provide the Data
furnished by the Customer to First Due, and to use the Service and Data, and Customer will only use the
Service and Data, as permitted under this Agreement and in accordance with the laws, regulations, and
any third -party agreements applicable to the Customer and Customer Users. Without limiting the generality
of the foregoing, Customer shall not cause or permit any Data to be uploaded to the Service or used in
connection with the Service in any manner that would violate any third -party intellectual property rights or
license between Customer and any third party. Customer agrees not to use or permit the use of the Service
and Data in connection with any public or private enterprise other than operation and performance of the
Customer's functions and services. In addition, the Customer and the Customer Users shall not copy,
distribute, license, reproduce, publish, modify, or otherwise use any Personally Identifiable Information (Pllj
contained within the Data accessed through the Service for any purpose other than to lawfully carry out
the services and duties of the Customer. The Customer shall remain responsible for the performance, acts
and omissions of each Customer User as if such activities had been performed by the Customer.
14. Indemnification.
a. First Due will indemnify, defend and hold harmless the Customer from and against any and an
damages, Nobilities, losses, costs and expenses {including, but not limited to, reasonable attorneys'
fees) (collectively, "Losses') resulting from any third -party claim, suit, action, investigation or
proceeding (each, an "Action") brought against the Customer based on the infringement by First
Due of any third -party issued patent, copyright or registered trademark, except to fhe extent such
Action is based on Data furnished from the Customer, the Customer's breach of any third party
agreement, or any combination or integration of the Service with any Customer- or third -party
property, method or system.
b. The Customer will indemnify, First Due only to the extent such claims arise directly from
Customer's material breach of this Agreement or violation of applicable law, and excluding claims
resulting from First Due'% negligence, system failure, or misuse of Customer Data.
c. Such indemnification under Sections 14(o) and 14{b) will be provided only on the conditions that:
(a) the indemnifying party is given written notice reasonably promptly after the indemnified party
receives notice of such Action; (b) the indemnifying party has sole control of the defense and all
related settlement negotiations, provided any settlement that would impose any monetary or
injunctive obligation upon the indemnified party shall be subject to such party's prior written
approval; and (c) the indemnified party provides assistance, information and authority as
reasonably required by the indemnifying party.
15. Limitation of Liability. EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS IN SECTION 14, AND EXCEPT FOR
CLAIMS OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, FIRST DUE SHALL NOT BE LIABLE TO THE
CUSTOMER OR CUSTOMER USERS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES OR DATA, EVEN IF THE
CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR ITS INDEMNIFICATION
OBLIGATIONS IN SECTION 14, AND EXCEPT FOR CLAIMS OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR
FRAUD, FIRST DUE SHALL NOT BE LIABLE TO THE CUSTOMFR OR CUSTOMER USERS FOR ANY DAMAGES IN
CONNECTION WITH THIS AGREEMENT IN EXCESS OF THE AMOUNT OF FEES PAID OR PAYABLE BY THE CUSTOMER
TO FIRST DUE WITHIN THE TW ELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH
LIABILITY.
16. Notices. All notices, requests, demands, or consents under this Agreement must be in writing, and be
delivered personally, by email or facsimile followed by written confirmation, or by internationally recognized
courier service to the addresses of the parties set forth in this Agreement.
17. Assignment. Except as otherwise provided below, neither party may assign this Agreement or any rights or
obligations hereunder without the prior written consent of the other party. First Due may assign this
Agreement or any rights or obligations hereunder to any First Due affiliate or in connection with the merger
or acquisition of First Due or the sale of oil or substantially all of its assets related to this Agreement, without
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such consent. This Agreement shall be binding upon and inure to the benefit of the parties, their respective
successors and permitted assigns.
18, Governing Caw. This Agreement shall be governed by and construed In accordance with the laws of the
State of Florida.
19. Modifications. Any modification, amendment or waiver to this Agreement shall not be effective unless in
writing and signed by the party to be charged. No failure or delay by either party in exercising any right,
power, or remedy hereunder shall operate as a waiver of such right, power, or remedy.
20Third Patty Beneficiary, The parties are independent contractors with respect to each other, and neither
shall be deemed on employee, agent, partner, or legal representative of the other for any purpose or shall
have any authority to create any obligation on behalf of the other. Neither party intends to grant any third -
party beneficiary rights as a result of this Agreement.
21. Force Majeure. Any delay in or failure of performance by either party under this Agreement will not be
considered a breach and wilt be excused to the extent caused by any event beyond the reasonable
control of such party including, but not limited to, acts of God, acts of civil or military authorities, strikes or
other labor disputes, fires, interruptions in telecommunications or Internet or network provider services, power
outages, and governmental restrictions.
21 Training Content Disclaimer. As related to First Due's Basic Training Records, Advanced Training Records,
and Advanced Training Records with Content modules and associated Training Content, First Doe's
products are intended to be used by certified instructors and are designed to be integrated into a broader
curriculum that includes digital, online, or in person classroom instruction, hands-on practice and the use of
educational materials. Some practices or procedures shown may differ from Licensee's competency and
procedural requirements. First Due makes no warranty, expressed or implied that the information presented
will satisfy any particular situation or need or that any demonstrated procedure is safe. First Due disclaims
any liability, loss or risk resulting directly or indirectly from the Training Products.
23. Entire Agreement and Severability. This Agreement supersedes all prior agreements, understandings,
representations, warranties, requests for proposal and negotiations, if any. Each provision of this Agreement
is severable from each other provision for the purpose of determining the enforceability of any specific
provision.
24, Headings. The headings and titles in this Agreement are for convenience of reference only and shall not
affect the meaning, interpretation, or construction of any provision of this Agreement. They ore not intended
to be part of the substantive terms and shall not be used to interpret the intent of the parties.
25. Agreement Billing Information.
a. Accounts Payable Contract
Name:
Email:
Phone:
b. Tax Exempt [Yes/Ncj
If yes, please email a copy of the Exempt Certificate to accounlinaCfirsfdue.co_m..
c. Purchase Order Required gYes/Noj
If yes, return a copy of the Purchase Order with the signed agreement or email a copy to
accounting Wrsidue.com.
[Signature Page Follows[
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date set forth above. The
undersigned represent and warrant that they are duly authorized to enter into this Agreement on behalf of the
respective parties.
LOCAL17Y MEDIA, LLC DBA FIRST DUE Aventurd Police Department
(Signature) (Signcture)
Name: Sam Morton
Title: CSa
Date: Feb 23 2026
Name:
Title:
Date
Michael en o I a
Chief of Police
RECEIVED
FEB Z b 202C
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_F3 l l rst due
Exhibit A
Quote
Customer Name: Aventura Police Department Ovate Number: 1545132000621409207
Billing Address: 19200 W Country Club Dr Prepared By: Rachael Landman
Aveniura, FL 33180 V•alld Until: March 31, 2026
Subscription Start: February 1, 2026
Initial Term: 8 months
Annual Subscription. $6,500.00
Product Details
Personnel Management
Store, Manage and Access Employee Records including demographic data, certifications
and employment information.
Law Enforcement Scheduling
Manage staff schedules with an interactive shift board, configurable call shifts module,
messaging, time -off and shift trades.
Multiple API Endpoints
Access to First Due API including multiple end points.
Data Transfer to SFTP
Scheduled Export of Ad Hoc Report to SFTP in .csv format. For Tyler Munis Payroll Integration.
Essentials Online Training Package
Up to 4 Hours Online Training with certified First Due instructor
Implementation and Configuration Services
Services related to configuring and customizing the First Due Platform as described in the
Statement of Work.
One -Time Fees Subtotal $ 1,400.00
8-Month Subscription Fees Subtotal $ 4,290.00
Grand Total' $ 5,690.00
`Excluding Tax
Statement of Work. The attached Statement of Work Wll detail the lmplementotion, Training, Data Migration,
Integrations, Customer Success Manager, Customer Support, and Assumptions for this Quote.
Invoicing and Payment Terms, The above -listed Grand Total will be invoiced on or around the Subscription Start
date and due within thirty {30j days from the date of the invoice. For subsequent annual periods, the Service
flees are due and payable annually in advance on October 1st.
Electronic ACH payment Information. Wells Fargo Bank I ACH Routing Number: 121000248 I Account #:
4192384907
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first dIue
Statement of Work
For
Aventura Police Department
Quote Number: 1545132000621409207
1. Introduction
1.1 Purpose
The purpose of this Statement of Work ("SOW") is to clearly define the Implementation, Training, Data
Migration, Integrations, Customer Success Manager, Customer Support. and Assumptions for Customer
from First Due for the purchased products( set forth in this Exhibit A ("Purchased Products" j.
1,2 Scope
This SOW includes the configuration, optimization, and deployment of the Purchased Products with the
goal of meeting the organizational needs of the Customer.
2. Implementution
2.1 Overview
First Due utilizes a combination waterfall and iterative approach to implementation. This includes
Discovery, Configuration, Optimization, Data Migration, Training, and Go -Live.
03 04 Oar
CONFIGURATION DATA GAD -LIME
MIGRATION rr77 rim
•.� ' !1R I1T 1
O� 03 07
DISCOVERY OPTIMIZATION TRAINING SUPPORT
& IPI.AINNING
2.2 Implementation Resources
Implementation Manager: Project lead and go -to person, acting as the primary liaison between the
Customer and the First Due project team. The Implementation Manager will develop and execute the
project plan, manage communication, and ensure adherence to predefined fimelines and quality
standards. This individual is also responsible for helping to configure the core system and some of the
more straightforward modules.
Implementation ProductSpectalist(a): While the Implementation Manager will lead the overall project,
Product Specialists will be brought in to help configure and optimize specialty modules such as Fire
Prevention, ePCR, Assets & Inventory. Training, Scheduling, and Reporting. They are product experts in
First Due and are versed in industry best practices for their specific product specialties. Depending on
the modules purchased and complexu.ty, your project may be assigned 1-3 Product Spedolists.
Technical Implementation Specialist: Responsible for managing data migration from your current
vendor to First Due and the integration between First Due and CAD. The Technical Implementation
Specialist team comes from a diverse background, ranging from database management to public
safety software integration.
• Customer Success Manager: As the point person after project completion, the Customer Success
Manager (CSM) will be part of the implementation as an advocate and to ensure a seamless transition
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to support post go -live. During the Implementation they will regularly check -in to ensure progress is
being made and help with the addition of new modules or scope from a commercial perspective.
Post go -five, they will provide regular check -ins to ensure the Customer is adopting the Purchased
Products and deriving value from them.
• Training Manager: Responsible for developing and executing the training plan, with the goal of
effective adoption of the Purchased Products by Customer. The Training Manager will be involved
throughout the project to ensure they have the Customer specific knowledge to design the most
effective training plan possible.
2.3 ImplemenfaHon Phases
2.3.1 Discovery & Pianntng: Once the Project has been assigned, Customer will receive a set of tailored
discovery questionnaires. Once filled out, the Implementation Manager will schedule a Project Kick -
Off. During this meeting the Customer will receive access to the First Due platform, meet the project
team and receive an initial product tour. The Implementation Manager will also provide an
overview of the project plan, decide the meeting cadence, and formalize the next steps. CAD
Integration and Data Migration planning meetings are also held during this phase, if required. These
meetings will be led by the Technical Implementation Specialist.
• Key Meeting(s): Project Kirk -Off, CAD Kick -Off, Dofc Migration Planning
• Milestone(s): Project Kick -Off, System Access
• Customer Task(s): Fill Discovery Questionnaires
• Deliveroble(s): Welcome email, Initial Account Set -Up, System Logins Provided
2.3.2 Configuration: After planning is complete, the Implementation Manager will begin scheduling the
Configuration sessions. Before each configuration session there will be some light prep work for the
Customer to complete. Generally, there will generally be one (1) configuration session per module,
but in cases where there is more complexity, there may be multiple. These sessions will either be run
by the Implementation Manager or the Implementation Product Specialist, depending on the
module.
• Key Meefing(Cy. Module Configuration Sessions (1-2 per module)
• Milestone(s): N/A
• Customer Task(s): Configuration Prep Work (per module)
• Delfverahle(s): Initial Module Configuration
• Scope: All Purchased Products
2.3.3 Optimisation: After the configuration is complete, the Customer will be provided with test work
(module User Acceptance Testing [UAT)) to complete. Following the completion of the UAT work,
Optimization Sessions will be held to review Customer feedback, correct any issues, and finalize the
configuration of the module. There will generally be one (1) Optimization session per module, bot in
cases where there is more complexity, there may be multiple. Once a module is configured and
optimized, the Customer will be provided a module sign -off document to review and sign. Note
Configuration and Optimization sessions may run interchangeably to ensure the project stays on -
track.
• Key Meeting(s): Module Optimization Sessions (1-2 per module)
• Milestone(s): Module Acceptance and Sign -Off (1 per module)
• Customer Task(s): Optimization Prep Work (UAT per module)
• Deliverable(s): Module Optimization resulting in Customer Acceptance
• Scope: All Purchased Products
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2.3.4 Data Migration: Data Migration will occur throughout the project and can be summori7ed in three
steps: (T ) initial data migration at the beginning of the project required for configuration, (2) import
of historical records, usually occurring throughout the project, and (3) final data migration
immediately before go -live. First Due's Data Migration team will review your legacy data
environment and provide guidance on the best path to extract, map, and import the data into First
Due.
+ Key Meeffng(s): Data Migration Planning
• .Mkestone(s): Data Migration Sign -Off
• Customer T•ask(s); Extract or provide access to legacy data based on guidance from First
Due Data Migration team. Data Mapping Assistance, review and approve data load.
Deliveral le(s): Data Migration Plan, Data Mapping Assistance, Data Import
2.3.5 Training: As the project is in the final stages, the Training Manager will work with the Customer to
arrange a training plan that will result in the successful adoption of the Purchased Products. Note
that while Webinar Administrator training will occu.r during configuration and optimization sessions,
the Training Manager will arrange formal Wei and/or Onsite Train -the -Trainer and/or End User
Training Session(sj. Additive to the provided training, Customer will also have access to live weekly
training academy sessions as well as on demand online training videos and Training guides via the
First Due Knowledgebase.
+ Key Meeting(s): Training iPllonning, Training Sessions
+ Milestone(s): Training Completed
+ Customer Task(s), Coordinate staff to be trained
• DeViverabte(s): Training Plan and Training Session(sj
2.3.6 Go -Live: Once all modules have been signed off and training has .been arranged or completed.
First Due will work with the Customer to kick-off the Go -live process. This includes: (1) Final System
Acceptance, (2) Go -live planning meeting, (3) Final Data Migration, (4) Go -live, and (5) Post go -
live implementation support.
+ Key Meeting(s): Go -hive planning, Post Go -live Check -Ins
+ Milestone(3): System Acceptance, Go -live
• Customer Tas.k(s):Final Testing
• Deliveral le(a): Post Go live Implementation Support (2-4 weeks)
2.3.7 'Transition to Customer Success: Fallowing the completion of the post go -live support period and
assuming all critical implementation tasks are complete, Customer will be transitioned to their
Customer Success Manager (CSM) and to the First Due Support team.
• Key Meeting(s). Customer Success Transition Meeting
• Milesione(s): Transition to Customer Success and Support
• Customer Tosiill NIA
• Deliverable(s): N,.A
3. Training
Training is an integral part of cny successful implementation. First Due is focused on providing your agency
adequate training to ensure effective user adoption of the platform. As part of this SOW, The Customer
shall receive:
• Formal training as outlined in Exhibit A
• Administrator Training as part of the Configuration / Optimization
• Access to live First Due Academy Webinars
+ Access to online recorded training videos and guides via an interactive knowledgebase
Any additional scope or detail related to Training will be listed below.
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Data Migration
First Due understands the importance of data migration to our customers and has extensive experience
working to migrate historical records into the platform. First Due will use best efforts to migrate applicable
data from Customer's existing systems utilizing data migration best practices. This includes:
• Data Migration Planning Session
• Assistance/Guidance in extracting data from existing systems
Mapping extracted data to First Due import workbooks
• Importing of Data into First Due
The .Data Migration scope of this SOW will be to import legacy data from Customer existing systems in
order for the Purchased Products to be operational This includes operational data and historic records.
Note that there are times when certain data is not seen as valuable to migrate to First Due. First Due and
Customer will agree during the planning phase on what data needs to be migrated and priorities around
dato migration.
5. Integrations
As part of this SOW, First Due will implement all integrations and relevant scope outlined in Exhibit A.
Integrations will be implemented during the configuration and optimization phases outlined above. In
most cases, these integrations will be aligned with the module they are related. The only exception to this
is the CAD Integration which, if par] of scope, will have its own dedicated session at the beginning of on
implementation. Customer or complex integrations may follow this same exception and have their own
sessions to implement.
First Due will support these integrations post go -live. Note First Due is not responsible for outages, issues,
and failures of 3rd Party Vendors. First Due will, however, always endeavor to work with Customer to resolve
issues, regardless of responsibility.
Any additional scope or detail related to Integrations will be listed below.
Customer Success Manager
First Due understands the value of ongoing Customer Success activities post go -live. As part of this SOW,
Customer will receive a Customer Success Manager who will be the point person for Customer post go -
live. Customerwill receive regular check -ins to ensure the adoption of the Purchased Products. As part of
the regular check -ins, the Customer Success Marogercon help Customerwith any major enhancements
or issues, new feature updates, interest in other modules and additional troining needs.
7. Customer Support
A customer's success is important to First Due and we understand having a reliable, knowledgeable
Customer Support (or Support( team there to help is vital. Customer Support provides a central point of
contact to ensure that all customer support requests are responded to and resolved. Below is a summary
of the support components,
7.1 Contacting Customer Support
Customer Support is a service provided to our customers when they have questions, requests, or issues
with the Services. When Customer submits a support request, a Support Ticket (or Ticket] is created within
First Due's Support CRM and a unique ID (or ticket number) is assigned to track and document Customer's
support request.
We offer a variety of channels to communicate with our Support team:
• Online: httpsa/supoort,firstduesizeuo.com/aortal/en/kb/first-due-community-connect-suor)ort
• Email: support@firstdue.com
• Phone: (516(674-5818
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7.2 SeH-Servlce Resources
First Due strives to provide useful, empowering self-service resources that are available 24/7 on our online
Suogort Center. Our Knowledgebase contains step-by-step/how-to articles, FAQs, videos, best practices.
etc.
7.3 Hours of Operation
Customer Support hours of operation {Business Hours) are:
Monday to Friday, 9:00am — 6:00pm ET-
** 240 Support available for Sev I (Down/Urgent) issues.
8. Assumptions
8.1 Customer Participation
Every successful implementation requires adequate participation from the Customer. Although First Due
is ultimately responsible for deliverables in the SoW, Customer agrees to attend the necessary calls and
complete required preparatory work in order to help drive the project forward. At a minimum, Customer
resources will be required for one (1) hour per week for meetings, end half an hour to one j0.5-1) hour of
prep work per week by one or multiple individuals. Customer understands the importance of ensuring the
correct Customer resources ore available when required..
8.2 Statement of Work Expiration
Excluding significant delays caused by the First Due team, this SOW will expire within twelve (12) months
of the Subscription Start Date as detailed in Exhibit A. In situations where the project is delayed for no fault
of either party, First Due agrees to extend the term, only if there is an agreed plan to complete the project
within the extension period. Note the term expiration does not apply to Section 6 & 7 above and will not
Impact First Due's ability to support the Customer post go -live,
8.3 Best Practice and Standard Workflow
First Due intends to meet the organizational needs of the Customer and their respective software
requirements by configuring the Purchased Products to closely align with existing workflows. Although First
Due is incredibly flexible, there may be limes when First Due recommends using standard functionality or
best practice to ensure a timely implementation, and simplification of current process. These workflows
may differ from Customer existing workflows. Customer understands the imporlorice of collaboration to
achieve the ultimate goal of successfully adopting the Purchased Products and is aware there may be
changes to existing workflow to accomplish this.
8,4 Go -live Requirements & Gaps
Over the course of the Implementation, both parties may uncover functionality gaps in the Purchased
Products, Some of these gaps may have a material impact on the ability to implement or adopt the
product. Gaps of this nature, deemed Go -Live Requirements, will be prioritized to ensure a timely go -live
and project completion. However, in the case that certain features are not complete before go -live, they
will be added to module and system signoffs as exceptions and will be completed within an agreed upon
timeframe.
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ADDENDUM TO AGREEMENT BETWEEN
THE CITY OF AVENTURA AND LOCALITY MEDIA, LLC
INDEMNIFICATION.
Nothing in this Agreement shall be deemed or treated as a waiver by the City of any immunity to which it is
entitled by law, including but not limited to the City's sovereign immunity as set forth in Section 768,28,
;Florida Statutes.
ANTI -DISCRIMINATION.
LOCALITY MEDIA certifies that it does not discriminate in its membership or policies based on race, color,
national origin, religion, sex, sexual orientation, familial status or handicap. LOCALITY MEDIA further agrees
that neither LOCALITY MEDIA, nor any parent company, subsidiaries or affiliates of LOCALITY MEDIA are
currently engaged in, nor will engage in during the terms of this Agreement, the boycott of a person or
business based in or doing business with a member of the World Trade Organization or any country with which
the United States has free trade.
SCRUTINIZED COMPANIES
A. LOCALITY MEDIA certifies that it and its subcontractors are not on the Scrutinized Companies that
Boycott Israel List. Pursuant to Section 287.135, F.S., the may immediately terminate this Agreement at its
sole option if the LOCALITY MEDIA or its subcontractors are found to have submitted a false certification; or
if the LOCALITY MEDIA, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel
List or is engaged in the boycott of Israel during the term of the Agreement.
i If this Agreement is for more than one million dollars, LOCALITY MEDIA certifies that it and its
subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria
as identified in Section 287.135, F.S. Pursuant to Section 287A35, F.S., the CITY may immediately terminate
this Agreement at its sole option ifthe LOCALITY MEDIA, its affiliates, or its subcontractor are found to have
submitted a false certificationi or if LOCALITY MEDIA, its affiliates, or its subcontractors are placed on the
Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or engaged with business operations In Cuba or Syria during the term of the
Agreement.
C. LOCALITY MEDJA agrees to observe the above requirements for applicable subcontracts entered
intoforthe performance ofwork under this Agreement. As provided in Subsection 287.135(8), F.S., if federal
law ceases to authorize the above -stated contracting prohibitions then they shall become inoperative.
SURVIVAL OIF TIERlMIS.
Termination or expiration of this Agreement for any reason shall not release either Party from any liabilities
or obligations set forth in this Agreement which (a) the Parties have expressly agreed shall survive any such
termination, or (b) remain to be performed and by their nature would be intended to be applica ble following
any such termination or expiration. Any liabilities which have accrued prior to termination pursuant to the
insurance and/or indemnification obligations set forth below shall survive the termination ofthis Agreement.
NO CONTINGENT FIEFS.
LOCALITY MEDIA warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the LOCALITY MEDIA, to solicit or secure this Agreement, and that it has
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not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide
employee working solely for the LOCALITY MEDIA any fee, commission, percentage, gift, or any other
consideration, contingent upon or resulting from the award or making ofthis Agreement.
VII. LOCALITY MEiDIA'S COMPLIANCE WIITH FLORIDA PUBLIC RECORDS LAW.
Pursuant to Section 1-19.o701 of the Florida Statutes, LOCALITY MEDIA agrees to:
A. Keep and maintain public records in LOCALITY MEDIA's possession or control in connection with
LOCALITY MEDIA's performance under this agreement. LOCALITY MEDIA shall ensure that public
records that are exempt or confidential and exempt from public records disclosure requirements are
not disclosed, except as authorized by law, forthe duration of the Agreement, and following completion
ofthe Agreement until the records are transferred to the CITY.
B. Upon request from the CITY's Custodian of public records, LOCALITY M EDIA shall provide the CITY with a
copy of the requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided by Chapter 11g, Florida Statutes, or as otherwise provided by
law.
C. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and
other data and final documents provided orcreated in connection with this Agreement are and shall remain
the property of the CITY. Notwithstanding, it is understood that at all times LOCALITY MEDIA's
workpapers shall remain the sole property of LOCALITY MEDIA, and are not subject to the terms of this
Agreement.
D. Upon completion ofthis Agreement orintheevent oftermination byeither party, anyandall publicrecords
relating to the Agreement in the possession of LOCALITY MEDIA shall i delivered by LOCALITY MEDIA
tothe CITY, at no costtothe CITY, within seven W days. All such records stored electronically by LOCALITY
MEDIA shall be delivered tothe CITY in a format that is compatible with the CITY's information technology
systems. Once the public records have been delivered upon completion or termination ofthis Agreement,
LOCALITY MEDIA shall destroy any and all duplicate records that are exempt or confidential and exempt
from public records disclosure requirements. Notwithstanding the terms ofthis Section, the Parties agree
and it is understood that LOCALITY MEDIA will maintain a copy of any information, confidential or
otherwise, necessaryto supportits work product generated as a result of its engagement for services, solely
for reference and archival purposes in accordance with all applicable professional standards, which will
remain subject to the obligations of confidentiality herein.
E. Any compensation due to LOCALITY MEDIA shall be withheld until all records are received as provided
herein.
LOCALITY MEDIA's failure or refusal to comply with the provisions of this section shall result in the
immediate termination ofthis Agreement by the CITY.
IF LOCALITY MEDIA IHAS QUESTIONS REGARDING THE .APPLICATION OF CHAPTER s19, FLORIDA
STATUTES, TO LOCALITY MEDIA'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 30$-466-8ogo
ai)drecords(,laventurapolice.com 19200 West Country Club Drive, Aventura, FL 33180.
Vill. E-VERIFY.
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Effective January.1, 2021, public and private ernplcyers, contractors and subcontractors will begin the required
registration with, and use of, the E-verify system in order to verify the work authorization status of all newly
hired employees. LOCALITY MEDIA acknowledges and agrees to utilize the U.S. Department of Homeland
Security's E-Verify System to verify the employment eligibility of: a) All persons employed by LOCALITY
MEDIA to perform employment duties within Florida during the term of the contract; and b) All persons
(including sub-vendorslsubcontractors) assigned by LOCALITY MEDIA to perform work pursuant to the
contract with the CITY. LOCALITY MEDIA acknowledges and agrees that use of the U.S. Department of
Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the
CITY.
Should Vendor become the successful LOCALITY MEDIA awarded forthe above -named project, by entering
into this Agreement, the LOCALITY MEDIA becomes obligated to comply with the provisions of § 448.095,
FL. Statutes, as amended from time to time. This includes but is not limited to utilization of the E-Verify
System to verify the work authorization status of all newly hired employees; and requiring all subcontractors
to provide an affidavit attesting that the subcontractors does not employ, contract with, or subcontract with,
an unauthorized alien. LOCALITY MEDIA shall maintain a copy of such affidavit for the duration of the
contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates
the statute, the Subcontract must be terminated immediately. Any challenge to termination under this
provision must be filed in the Circuit Court no laterthan 20 calendar days afterthe date of termination, If this
contract is terminated for a violation of the statute by LOCALITY MEDIA, LOCALITY MEDIA may not be
awarded a public contract by the CITY for a period of 2 year after the date of termination.
xiv. NONCOERCIVE AFFIDAVIT_
In accordance with Section 787.06, Florida Statutes, the requires all vendors executing, renewing or
extending a contract with the CITY to execute the required CITY affidavit, attesting that vendor does
not use coercion for labor or services and attached hereto as "Exhibit "A."
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EXHIBIT A
AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES
Entity Name: Locality Media LLC dba First Due ("LOCALITY MEDIA")
Vendor FEIN:;g-2725802
Address::t90 NE :L9i" Street, Suite 17A28
City: Miami State: FL ZiP:3317g
Phone Number: i;a&874-5818 Email Address: contracts firstdue.com
As a nongovernmental entity executing, renewing, or extending a contract with the City of Aventura,
LOCALITY MEDIA is required to provide an affidavit under penalty of perjury attesting that Vendor does
not use coercion for labor or services, and fs in compliance with Section 787.o6, Florida Statutes.
As defined in Section 787.o6(2)(a), Florida Statutes, coercion means:
i. Using or threatening to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person
without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor or services
are pledged as a security for the debt, if the value of the labor or services as reasonably
assessed is not applied toward the liquidation ofthe debt, the length and nature ofthe labor or
service are not respectively limited and defined;
y. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or
purported passport, visa, or other immigration document, or any other actual or purported
government identification document, of any person;
5. Causing or threatening to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03,
Florida Statutes to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of LOCALITY MEDIA, I certify that LOCALITY MEDIA does not
use coercion for labor or services, and is in compliance with Section 787.o6, Florida Statutes.
Written Declaration
Under penalties of perjury, I declare that I have read the foregoing Affidavitand that the facts
stated in it are true.
Feb 23 2026
Signature Date
Sam Morton
Print Name
CS0
Title
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