§ 66-74. Pilot programs.

(a)

In order to allow the city to evaluate new or innovative products, technologies and services, a vendor may offer a demonstration or pilot program for a product, technology or service without competitive selection, only under the terms and conditions set forth in this section.

(b)

Requirements. Any demonstration or pilot program shall meet each of the following requirements:

(1)

Term. The demonstration or pilot program shall be for the least amount of time necessary to adequately demonstrate the product or service or savings, and in no event shall exceed one year.

(2)

Cost. Any cost to the city for such demonstration or pilot program shall not exceed $25,000.00.

(3)

Contract. The vendor shall enter into a written contract with the city which shall provide the timeframe for the pilot program, the performance standards to be achieved or evaluated; the requirements for the vendor's insurance coverage with the city named as an additional insured, the removal of all equipment at the expiration of the demonstration period, and any other term deemed necessary by the office of the city attorney, with the contract form approved by the city attorney.

(4)

Compliance. The demonstration must comply with all applicable city code provisions, master plans, permitting and other requirements, and may require approval for improvements that change the face of the city.

(5)

Removal and restoration. Upon completion of the demonstration or pilot program period, vendor's equipment or other installation shall be removed, and the area restored to a conditions similar to that prior to the demonstration or pilot program.

(6)

No obligation. The demonstration will in no way, express or implied, obligate the city to purchase, rent, lease, contract for or otherwise acquire the goods, equipment, technology or service demonstrated, furnished or loaned for evaluation.

(7)

No transfer. During the demonstration or pilot period, the goods, equipment, technology and/or materials, including all data rights to proprietary commercial software or other protected intellectual property involved in the demonstration, are and shall remain the exclusive property of the Vendor.

(c)

Report. The applicable city department or division evaluating the demonstration or pilot program shall provide a written report of its evaluation to the procurement official.

(d)

Competitive selection. In the event the city intends to procure the goods or services demonstrated by the pilot program, a formal request for proposals or other form of competitive selection, as determined by the procurement official, shall be issued by the city to receive proposals for similar goods, technologies or services. All proposals shall comply with all applicable City Code provisions, master plans, insurance, permitting and other requirements. The fact that the vendor already installed equipment or technology as part of the demonstration or pilot program shall not be grounds to avoid competitive selection.

(e)

Prohibited lobbying. The lobbying provisions of section 66-8 apply to demonstration and pilot programs, with the exception that the vendor may be in contact with the staff of the procurement department, and the department or division hosting the demonstration or pilot program but only for the purposes of installation or set up of the demonstration, training on the use of the product, equipment or technology, to answer city staff's questions regarding the product, equipment or technology and to coordinate removal at the end of the demonstration. Contact with the mayor, any city commissioner, or other city staff during the demonstration period, except as provided in this subsection, is prohibited. Such prohibition shall be in effect from the date on which the pilot program contract is executed through the date on which the city determines that it does or does not intend to procure such goods, equipment, technology or services.

(f)

Public records. Documents submitted by the demonstration vendor, and all written data, information and reports are public records under F.S. ch. 119, subject to any exemption otherwise provided by law. If a proposer claims an exemption to the public records laws, the proposer must: (i) invoke the exemption when the proposal data or materials are submitted to the city or before such submission, (ii) identify the specific data and materials for which protection from disclosure is sought, and (iii) state why the exclusion from disclosure is necessary, citing the specific exemption to F.S. ch. 119, or the applicable statute providing confidentiality, that the proposer believes applies. The city's determination as to such exemption or confidentiality shall be final and binding upon the proposer. The proposer shall bear all attorneys' fees and costs associated with litigation for public access to claimed confidential or exempt documents.

(Ord. No. 4618-16, § 1, 3-14-2016)