Resolution 2023-32564RESOLUTION NO. 2023-32564
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER, PERTAINING TO REQUEST FOR PROPOSALS NO. 2022-
005-ND, FOR FIRE AND POLICE FALSE ALARM BILLING SYSTEM;
APPROVING THE TERMS OF THE AGREEMENT WITH PMAM-ATB
CORPORATION, AS SET FORTH IN EXHIBIT "A" TO THE CITY
COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION; AND
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE
AGREEMENT WITH PMAM-ATB CORPORATION.
WHEREAS, on October 13, 2021, the Mayor and City Commission approved the
issuance of the Request for Proposals (RFP) No. 2022-005-ND for Fire and Police False Alarm
Billing System; and
WHEREAS, on December 10, 2021, the City received a total of 3 proposals; and
WHEREAS, the proposal from CentralSquare Technologies, LLC was deemed non-
responsive.for failure to include a minimum monthly percentage of gross revenue, as required in
the RFP, and could not be further considered; and
WHEREAS, on November 18, 2021, the City Manager, via Letter to Commission No.
490-2021, appointed an Evaluation Committee; and
WHEREAS, the Evaluation Committee convened on January 4, 2022, to review and
score the. proposals; and
WHEREAS, the Evaluation Committee received an overview of the project, information
relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general
information on the scope of services, and a copy of each proposal; and
WHEREAS, the Evaluation Committee was instructed to score and rank each proposal .
pursuant to the evaluation criteria established in the RFQ; and
WHEREAS, the Evaluation Committee process resulted in PMAM- ATB Corporation as
the top -ranked proposer and Alarm Program Systems, LLC, as the second- ranked proposer;
and
WHEREAS, on April 6, 2022, via Resolution 2022-32108, the Mayor and City
Commission authorized the Administration. to enter into simultaneous negotiations with PMAM-
ATB Corporation, the top -ranked proposer, and Alarm Program Systems, LLC, the second -
ranked proposer, and further provided that the final negotiated agreement with the
recommended proposer shall be subject to the. prior approval of the Mayor and City
Commission; and
WHEREAS, staff proceeded with simultaneous negotiations and requested a best and
final offer (BAFO) from PMAM-ATB Corporation and Alarm Program Systems, LLC on June 2,
2022; and
WHEREAS, on June 9, 2022, the City received BAFO proposals from PMAM-ATB
Corporation and Alarm Program Systems, LLC.; and
WHEREAS, staff determined that proceeding with a new vendor would require the
purchase of a new alarm interface and that the cost for such an interface would be $32,000; and
WHEREAS, on February 13, 2023, Alarm Programs Systems, LLC was asked ' to
determine its willingnessto pay $32,000 for the development. and integration of a new, alarm
interface; and
WHEREAS, on February 16, 2023, Alarm Program Systems, LLC withdrew its bid; and-
WHEREAS, staff has drafted the terms of an agreement with PMAM-ATB Corporation. .
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI � BEACH, .FLORIDA, that the .Mayor and City
Commission hereby accept the. recommendation of. the city manager;: pursuant to Request for
Proposals ("RFP") No. 2022-005-ND,.for Fire and Police False Alarm Billing System; approve the
terms. of an agreement with PMAM-ATB Corporation, as set forth .in Exhibit "A" to the City
Commission Memorandum accompanying this resolution;- and authorize. the City Manager and
City Clerk to execute the agreement with PMAM-ATB Corporation.
PASSED AND ADOPTED this a8 day o 23.
Dan Gelber, Mayor
ATTEST:
MAY 0 2 2023
Raf el E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
3- 33
City Attomey . Date
M I AM I BEAC H
TO:
FROM:
DATE:
Competitive Bid Reports - C2 F
COMMISSION MEMORANDUM
Honorable Mayor and Members- of the City Commission
Alina T. Hudak, City Manager
April 28, 2023_
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE CITY MANAGER, PERTAINING TO REQUEST FOR PROPOSALS NO.
2022-005-ND, FOR FIRE AND POLICE FALSE ALARM BILLING SYSTEM;
APPROVING THE TERMS OF AN AGREEMENT WITH PMAM-ATB
CORPORATION, AS SET FORTH IN EXHIBIT "A" TO THE CITY
COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION;
AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE AGREEMENT WITH.PMAM-ATB CORPORATION.,
It is recommended that the Mayor and City Commission approve the terms of an agreement
with PMAM-ATB Corporation, pursuant to Request for Proposals (RFP) 2022-005-ND for fire
and police false alarm billing system; and authorize the City Manager and City Clerk to execute
the agreement with PMAM-ATB Corporation.
Pursuant to City Ordinance Section 42-81 — 42-92 and Section 50-15, the City's Police and
Fire Departments are required to maintain a false alarm billing system to track false alarms
received by the departments. A false alarm is the accidental or intentional activation of a burglar
or fire alarm system that results in the Police or Fire Department needing to unnecessarily
deploy resources.
The Police and Fire Departments report approximately 2,807 false intrusion alarms and 2,639
false fire alarms annually. For burglar alarms, a fee ranging from $50 (for the fourth false alarm)
up'to $ 200 (for the sixth and subsequent false alarms) is assessed for false alarms in an annual
period. For, fire alarms, a fee ranging from $250 (for the third false alarm) up to $1,000 (for the
thirteenth and subsequent false alarm) is assessed for each false alarm in an annual period.
For approximately five years, the City of Miami Beach (the "City") has had an agreement for the
management of the City's false alarm billing system with PMAM-ATB Corporation. The current
agreement expired on October 25, 2021. The Mayor and City Commission approved a month -
to -month extension at its October 13, 2021 meeting until a new agreement is executed. The
current agreement is based on a revenue -sharing split of 81 % to the City.
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On October 13, 2021, the Mayor and City Commission authorized the issuance of. Request for
Proposals (RFP) 2022-005=ND for Fire and Police False Alarm Billing System. RFP
responses were due and received on December 10, 2021. The City received a total of three
(3) proposals from the following firms: Alarm Program Systems, LLC, CentralSquare
Technologies, LLC, and PMAM-ATB Corporation. The proposal from CentralSquare
Technologies, LLC was deemed non -responsive for failure to include a minimum monthly
percentage of gross revenue, as required in the RFP, and could not be further considered. On
January 4, 2022, an -evaluation committee appointed by the city manager convened to consider
proposals received.
The evaluation process resulted in the ranking of proposers in the following order.
1st — PMAM-ATB Corporation
2nd —Alarm Program Systems
ANALYSIS
On April 6, 2022, via Resolution 2022-32108, the Mayor and City Commission authorized the
Administration to enter into simultaneous negotiations'with PMAM-ATB Corporation, the top -
ranked proposer, and Alarm Program Systems, the second -ranked proposer. The Resolution
provided that the final negotiated agreement be subject to the prior approval of the Mayor and
City Commission.
As directed by the City Commission, staff proceeded with simultaneous negotiations with both
firms. Pursuant to staff's request, on June 9, 2022, the firms submitted their best and final offers
for revenue share. While Alarm Program Systems initially submitted the highest revenue share
to the City (81 %), negotiations with the firm` became protracted over the matter of the interface
required between the false alarm system and the New World computer -aided dispatch (CAD)
system utilized by the fire and police departments, particularly because the RFP required the
system provider to pay for the integration. The interface did not affect PMAM-ATB as its system.
had been previously integrated. After several meetings with Alarm Program Systems and New
World, in late January 2023, New World provided a quote of $32,000 to interface the City's
CAD system with Alarm Program Systems' false alarm system. On February 16, 2023, Alarm
Program Systems, LLC withdrew its bid.
As a result of the withdrawal by False Alarm System, staff finalized negotiations with PMAM-
ATB Corporation and drafted the terms of an agreement, attached as Exhibit A.
SUPPORTING SURVEY DATA
Not Applicable
FINANCIAL INFORMATION
Since 2016 PMAM has provided the. City an B 1 % of monthly gross revenue (approximately $
20,250 annually) as a revenue share. Due to certain cost escalations (e.g., office lease
increases, increased salaries, health and other employee benefits) experienced by PMAM-ATB
over the last two (2) years, as well as a lower number of false alarms than expected, PMAM is
now offering a revenue share of 76% of gross revenue, which will result (based on current false
alarm reports) approximately $19,000 annually.
Despite the slightly reduced revenue, the Administration is recommending awarding a contract
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to PMAM-ATB as there is a limited number of system providers in this market. Further, awarding
a contract to PMAM-ATB will not require Police and Fire Department staff to expend the
resources to implement a new system if one were to be selected.
Amount(s)/Acount(s):
The RFP is intended to be revenue -generating and should not create any operational costs for the
City.
CONCLUSION
After reviewing the negotiation process and the proposal from PMAM-ATB, it is recommended
that a contract be awarded to PMAM-ATB to continue the current false alarm billing system. The
current system has been implemented for approximately five years with minimal issues or
complaints from residents. Further, PMAM-ATB has been timely with the revenue payments due
to the City.
Therefore, it is recommended that the Mayor and City Commission adopt the Resolution
approving the material terms of an agreement, pursuant to Request for Proposals (RFP) 2022-
005-ND for fire and police false alarm billing system; and authorizing the City Manager and City
Clerk to execute an agreement with PMAM-ATB Corporation.
Applicable Area
Citywide
Is this a "Residents Right
to Know item. pursuant to
City Code Section 2-14?
No
Legislative Tracking
Police/Fire/Procurement
ATTACHMENTS:
Description
❑ Exhibit A
❑ Resolution
Does this item utilize G.O.
Bond Funds?
M
Page 90 of 991
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
PM AM CORPORATION
FOR
FIRE_ AND POLICE FALSE ALARM BILLING SYSTEM PURSUANT TO
'- RFP-2022-005-ND
This Professional Services Agreement ("Agreement") is entered into this
between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and
existing under the laws of the State of Florida, having its principal offices at 1700
Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and PM AM
CORPORATION, whose address is 5430 LBJ FREEWAY, SUITE 370, DALLAS TEXAS
75240 ("PM AM").
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and PM AM, including any exhibits
and amendments thereto.
City Manager: The chief administrative officer of the City.
PM AM: For the purposes of this Agreement, PM AM shall be deemed to be
an independent contractor, and not an agent or employee of the
City.
Services: All services, work and actions by the PM AM performed or
undertaken pursuant to the Agreement, as more fully set forth in
Exhibits A and B to this Agreement.
Fee: Amount paid to PM AM as compensation for Services.
Proposal Documents: Proposal Documents shall mean City of Miami Beach RFP No..
2022-005-ND for FIRE AND POLICE FALSE ALARM BILLING
SYSTEM, together with all amendments thereto, issued by the City
in contemplation of this Agreement, The Request For Proposal,
and the PM AM's proposal in response thereto (Proposal), all of
which are hereby incorporated and made a part hereof; provided,
however, that in the event of an express conflict between the
Proposal Documents and this Agreement, the following order of
precedent shall prevail: this Agreement; the RFP; and the Proposal.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention
Center Drive, Third Floor, Miami Beach, Florida 33139: telephone
number (305) 673-7000, Ext. 6435: and fax number (305) 673-7023.
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SECTION 2
SCOPE OF SERVICES (SERVICES)
2.1 In consideration of the Fee to be paid to PM AM by the City, PM AM shall provide
the work and services described in Exhibit "A" hereto (the Services).
2.2 PM AM's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in Exhibit "A" hereto.
SECTION 3
TERM
The term of this Agreement (Term) shall commence upon execution of this Agreement by
all parties hereto, and shall be for a period of two (2) years, commencing on the date of
execution of this Agreement, and ending on the day immediately preceding the second
anniversary of the date of execution of this Agreement (the 'Initial Term"), subject to
earlier termination as set forth in Section 5 hereof, with three (3) one (1) year renewal
options, on the same terms and conditions as set forth herein (each an "Renewal Term"),
with each such one year renewal exercised at the City Manager's sole option and
discretion prior to the expiration of the Initial Term or each Renewal Term.
Notwithstanding the Term provided herein, the PM AM shall adhere to any specific
timelines, schedules, dates, and/or performance milestones for completion and delivery of
the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit
B hereto.
SECTION 4
FEE
4.1 FEES STRUCTURE
The PM AM will collect all revenues generated in accordance to the City's False Alarm
Ordinance, pursuant to the RFP, Appendix D.
4.2 PERCENTAGE OF GROSS (PG)
During the initial term and any approved renewal term, the successful contractor shall pay
the City a percentage of its gross revenue collected from the enactment of false alarm
program. Percentage of gross revenue shall be paid on a monthly base, showing the fee
calculation and supporting payments reconciliation. In the event that the City chooses to
extend the term of the agreement for any renewal term(s), the renewal term(s) range of
collections may be increased in a manner to be negotiated between the City and
successful contractor.
The term "gross receipts" is understood to mean all revenue collected or accrued, derived
by PM AM under the privileges granted by this Agreement, excluding amounts of any
Federal, State, or City sales tax, or other tax, governmental imposition, assessment,
charge or expense of any kind, collected by the PM AM from customers and required by
law to be remitted to the taxing or other governmental authority.
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PM AM will pay all costs including USPS postage, all paper stock, educational materials,
equipment (including hardware, hosting charges, and software), tools, personnel, utilities,
etc. that are required for administering the false alarm billing and tracking program on
behalf of the City.
4.3 SPECIAL SERVICES
At any time during the term of this Agreement, City may request that PM AM perform
Special Services for additional compensation to be agreed upon by City and PM AM prior
to the performance of any Special Services by PM AM. As used herein, Special Services
means any work which is determined by City to be necessary for this Agreement, but
which the parties did not reasonably contemplate as part of the RFP or within PM AM's
RFP proposal submission. If City and PM AM reach an agreement on the performance of
Special Services, PM AM shall undertake such Special Services after receiving the
authorization from City.
4.4 SIMILAR SERVICES
City acknowledges and agrees that PM AM reserves the right to offer, and may offer,
similar services to other government agencies under similar terms and conditions as
stated herein except that the revenue share percentage allocated to PM AM and the other
government agency may be negotiated between PM AM and such other agency based on
the specific revenue expectations, agency reimbursed costs, the exact scope of services
to be provided by PM AM, and other agency requirements. PM AM acknowledges and
agrees that City shall have no responsibility or liability whatsoever hereunder with respect
to any agreement entered into between PM AM and such other government agency.
4.5 INVOICING
[INTENTIONALLY LEFT BLANK]
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If PM AM shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants,
agreements, or stipulations material to this Agreement, City, through its City Manager,
shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its
option to terminate for cause, City shall notify PM AM of its violation of the particular
term(s) of this Agreement, and shall grant PM AM sixty (60) days to cure such default. If
such default remains uncured after sixty (60) days, City may terminate this Agreement -
without further notice to PM AM. Upon termination, City shall be fully discharged from any
and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the PM AM shall not be relieved of liability to City for damages
sustained by City by any breach of the Agreement by the PM AM. City, at its sole option
and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to
be in its best interest in order to enforce City's right and remedies against PM AM. City
shall be entitled to recover all costs of such actions, including reasonable attorneys' fees.
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5.2 TERMINATION FOR CONVENIENCE OF CITY
CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE
AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE
TERM BY GIVING WRITTEN NOTICE TO PM AM OF SUCH TERMINATION; WHICH
-SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY
THE PM AM OF SUCH NOTICE. IF THE AGREEMENT IS TERMINATED FOR
CONVENIENCE BY CITY, PM AM SHALL BE PAID FOR ANY SERVICES
SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING
WHICH CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES,
AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT.
City acknowledges that PM AM is installing/providing the Program at no cost to City.
Consequently, in the event City terminates this Agreement within 12 months -from
the Effective Date for any reason other than the failure of PM AM to perforni Its
Services hereunder that has not been cured by PM AM within 30 days of receipt of
written notice of the problem, PM AM shall be entitled to receive, and City shall pay
to PM AM, the fees that PM AM would have received hereunder for a period of 12
months less the number of months, if any, that PM AM was paid its fees hereunder
prior to the termination of this Agreement (the "Guaranteed Period"). If this
Agreement is terminated, the amount of the fees to be paid to PM AM shall be the
average of the monthly fees retained by PM AM prior to termination of this
Agreement multiplied by the number of months remaining in the Guaranteed Period.
If the City terminates this Agreement for its convenience pursuant to this Section
5.2, the amount of fees to be paid to PM AM shall be the amount of the PM AM
Revenue Share projected by the parties to be retained by PM AM during the
Guaranteed Period at the time this Agreement was executed. The amount of any
fees payable to PM AM pursuant to the provisions of this paragraph shall be paid by
City upon termination this Agreement unless the parties agree to have such amount
paid in equal monthly installments over an agreed period of time. The provisions of
this paragraph shall survive the termination of this Agreement.
5.3 TERMINATION FOR INSOLVENCY
City also reserves the right to terminate the Agreement in the event the PM AM is placed
either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of
creditors. In such event, the right and obligations for the parties shall be the same as
provided for in Section 5.2.
5.4 CHANGE IN CITY'S ALARM RELATED ORDINANCE/S
PM AM's Fee Schedule and pricing for any and all Services to be provided by PM AM to
City under this Agreement have been set, established and agreed to be based upon the
current provisions of applicable City ordinances relating to alarms. Should said ordinances
change at any time during the term of this Agreement to reduce the applicable fee, fines
and charges, then PM AM reserves the express right to enter into good faith negotiations
with City to modify the Fee Schedule and pricing accordingly. If, within thirty (30) days of
notice from PM AM to City of its desire to so renegotiate, the parties are unable to reach an
agreement mutually acceptable to both parties, then PM AM reserves the right to terminate
this Agreement. Said termination shall not be deemed to be a default by PM AM under this
Agreement, PM AM shall be paid all fees and costs due and owing PM AM as of the date
of said termination.
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5.5 MISUSE OF PROPRIETARY SOFTWARE
PM AM may terminate this Agreement upon written notice to City if City intentionally
attempts to appropriate the proprietary software of PM AM, by permitting copies of PM
AM's proprietary software to be made by others, without PM AM's authorization, or if City
intentionally misuses PM AM's software, without PM AM's authorization, for purposes not
contemplated by the RFP or this Agreement.
5.6 EFFECT OF TERMINATION
5.6.1 If this Agreement is terminated as provided herein, City may require PM AM
to provide all finished and/or unfinished data and other information of any
kind possessed by PM AM in connection with the performance of Services
under this Agreement. PM AM shall be required to provide such information
within a reasonable period of time of receipt of the request not to exceed
thirty (30) days. Specifically, in the event City shall terminate this
Agreement:
5.6.1a All data relating to alarm permits shall be owned by City. Upon
termination of this Agreement, PM AM shall promptly deliver to
City all data in MS -SQL format.
5.6.1 b PM AM retains all right and title to the Application Software (a web
based application platform / browser based with multi -browser
based builds with no FAT client installation requirement) including
but not limited to, all publication rights, all development rights, all
reproductions rights, and all rights that may follow from the
commercial development of the Application Software. City does
not acquire any ownership rights to the Application Software. The
Application Software is protected in favor of PM AM, as well as
any future registered trademarks, are trademarks of PM AM.
5.6.1c The Application Software is considered loaned and/or licensed to
City during the duration of this Agreement, and City will not have
any access to PM AM's proprietary software after the conclusion of
the Agreement.
5.6.1d As of the date of said termination, City shall pay PM AM all fees
and costs due and owing to PM AM pursuant to this Agreement.
5.6.1e The provisions of this Section shall survive the termination of this
Agreement.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION; MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES
The PM AM agrees to indemnify and hold harmless the City of Miami Beach and its
officers, employees, agents, and contractors, from and against any and all actions
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(whether at law or in equity), claims, liabilities, losses, and expenses, including, but not
limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful
death, loss of or damage to property, which may arise or be alleged to have arisen from
the negligent acts, errors, omissions or other wrongful conduct of the PM AM, its officers,
employees, agents, contractors, or any other person or entity acting under PM AM's
control or supervision, in connection with, related to, or as a result of the PM AM's
performance of;the Services pursuant to this Agreement. To -that extent, the PM AM shall
pay all such claims and losses and shall pay all such costs and judgments which may
issue from any lawsuit arising from such claims and losses, and shall pay all costs and
attorneys' fees expended by City in the defense of such claims and losses, including
appeals.
The provisions of this Section 6.1 and of this indemnification shall survive termination or
expiration of this Agreement.
Notwithstanding any other obligation of PM AM hereunder, in no event shall either PM AM
or City be liable to each other for any indirect, incidental, special, consequential or punitive
damages, including loss of fees, profits or income, arising directly or indirectly out of this
Agreement and/or the provision or non -provision of Services or Special Services
hereunder, whether or not PM AM or City had any knowledge that such damages might be
incurred.
If PM AM is required to indemnify City hereunder, PM AM may assume the defense of City
with counsel reasonably acceptable to City at the expense of PM AM. In addition, City may
engage its own counsel to participate in any defense in any such proceeding at City's
expense.
6.2 INSURANCE REQUIREMENTS:
At the current time, PM AM does not maintain any offices in the State of Florida, nor does
PM AM maintain any employees in such State. All Services required to be performed by
PM AM hereunder shall be performed by PM AM at its offices in the State of Texas or
elsewhere outside the State of Florida. The PM AM shall, at its own expense, maintain and
carry in full force during the Term, the following insurance:
Commercial General Liability Insurance on an occurrence basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with limits no less than
$1,000,000 per occurrence, and $2,000,000 general aggregate.
Additional Insured - City of Miami Beach must be included by endorsement as an additional insured
with respect to all liability policies (except Professional Liability and Workers' Compensation) arising
out of work or operations performed on behalf of the contractor including materials, parts, or
equipment furnished in connection with such work or operations and automobiles owned, leased,
hired or borrowed in the form of an endorsement to the contractor's insurance.
Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not
be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance
Services.
Waiver of Subrogation — Vendor agrees to obtain any endorsement that may be necessary to affect
the waiver of subrogation on the coverages required. However, this provision applies regardless of
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whether the City has received a waiver of subrogation endorsement from the insurer.
Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of
A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds
(i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do
insurance business in the State of Florida.
Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory
endorsements, or copies of the applicable insurance language, effecting coverage required by this
contract. All certificates and endorsements are to be received and approved by the City before work
commences. However, failure to obtain the required documents prior to the work beginning shall not
waive the Contractor's obligation to provide them. The City reserves the right to require complete,
certified copies of all required insurance policies, including endorsements, required by these
specifications, at any time.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 947
Murrieta, CA 92564
Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent,
EXIGIS, at:
Certificates-miamibeach()riskworks.com
Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or
other special circumstances.
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation
under this section or under any other section of this agreement.
SECTION 7
LITIGATION JURISDICTIONNENUEOURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami -Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Miami -Dade
County, Florida. By entering into this Agreement, PM AM and City expressly waive any
rights either party may have to a trial by jury of any civil litigation related to or arising out of
this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in doing so the City can place a limit
on the City's liability for any cause of action, for money damages due to an alleged
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breach by the City of this Agreement, so that its liability for any such breach never
exceeds the sum of $10,000, except for and excluding any claims for fees or other
compensation due to PM AM pursuant to Section 4, or any claim arising out of or relating
to Section 9 of this Agreement. PM AM hereby expresses its willingness to enter into this
Agreement with Consultant's recovery from the City for any damage action for breach of
contract to be limited to a maximum amount of $10,000. Any claim arising out of or
relating to Section 9 of the Agreement shall be subject to the limits of liability as set forth
in Section 768.28 of the Florida Statutes.
Accordingly, and notwithstanding any other term or condition of this Agreement, PM AM
hereby agrees that the City shall not be liable to the Consultant for damages in an
amount in excess of $10,000 for any action or claim for breach of contract arising out of
the performance or non-performance of any obligations imposed upon the City by this
Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended
to be a waiver of the limitation placed upon the City's liability, as set forth in Section
768.28, Florida Statutes.
SECTION 9
CONIFDENTIALITY OF INFORMATION
At all times, PM AM shall recognize City's sole and exclusive ownership of all information
provided by City, and the sole and exclusive right and jurisdiction of City to control the use
of this information. Similarly, City recognizes that the proprietary software described in
Section 5.6.1 c. above is owned by PM AM and City has no rights or claim thereto.
Solely to the extent permitted by Florida law, including, without limitation, Chapter 119 of
the Florida Statutes, each party agrees that neither it, nor its employees, subsidiaries,
subcontractors, or agents shall disclose confidential information of the other party, to any
person or to anyone except as necessary to perform its obligations under this Agreement
or as required by law, without the expressed written permission of the other party or unless
required to do so by law.
Each party further agrees that in the event that any documents containing confidential
information of the other party and clearly marked as confidential, should be improperly
distributed to a third -party, or removed in any way from the possession or control of the
other party by a party for any purpose that is not contemplated by the RFP or this
Agreement, the breaching party shall promptly notify the other party orally and in writing, to
provide the owner of the confidential information with the opportunity to take such
reasonable steps as it may deem advisable to enjoin the misuse and regain possession of
such confidential information, or steps otherwise necessary for the protection of the
owner's rights and the confidentiality of the information.
PM AM agrees to return any and all data furnished and information derived hereunder
promptly upon a request by City and its authorized designee.
SECTION 10
GENERAL PROVISIONS
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10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to PM AM, and at any time during normal
business hours (i.e. 9AM — 513M, Monday through Fridays, excluding nationally
recognized holidays), and as often as City Manager may, in his/her reasonable discretion
and judgment, deem necessary, there shall be made available to City Manager, and/or
such representatives as City Manager may deem to act on City's behalf, to audit,
examine, and/ or inspect, any and all other documents and/or records relating to all
matters covered by this Agreement. PM AM shall maintain any and all such records at its
place of business at the address set forth in the "Notices" section of this Agreement.
10.2 CITY'S RESPONSIBILITY
City shall cooperate with and assist PM AM.by, among other things, making available, as
reasonably requested by PM AM, management decisions, information, approvals,
reasonable IT assistance and acceptance that are directly necessary for PM AM to carry
out its obligations under this agreement.
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
PM AM shall not subcontract, assign, or transfer all or any portion of any work and/or
service under this Agreement without the prior written consent of City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither
this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable
unless as approved pursuant to this Section, and any attempt to make such assignment
(unless approved) shall be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the PM AM shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity
Crimes with City's Procurement Division.
10.5 NO DISCRIMINATION
In connection with the performance of the Services, the Consultant shall not exclude from
participation in, deny the benefits of, or subject to discrimination anyone on the grounds
of race, color, national origin, sex, age, disability, religion, income or family status.
Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to
time, prohibiting discrimination in employment, housing, public accommodations, and
public services on account of actual or perceived race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, age,
disability, ancestry, height, weight, domestic partner status, labor organization
membership, familial situation, or political affiliation.
10.5 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of the Services, the PM AM shall not discriminate
against any employee or applicant for employment because of race, color, national origin,
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religion, sex, intersexuality, gender identity, sexual orientation, disability, marital and
familial status, or age.
10.6 CONFLICT OF INTEREST
The PM AM herein agrees to adhere to and be governed by all applicable Miami -Dade
County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami -
Dade County Code, and as may be amended from time to time; and by the City of Miami
Beach Charter and Code (as some may be amended from time to time); both of which
are incorporated by reference herein as if fully set forth herein.
The PM AM covenants that it presently has no interest and shall not acquire any interest,
directly or indirectly, which could conflict in any manner or degree with the performance
of the Services. The PM AM further covenants that in the performance of this
Agreement, PM AM shall not knowingly employ any person having such interest. No
member of or delegate to'the Congress of the United States shall be admitted to any
share or part of this Agreement or to any benefits arising there from.
10.7 INSPECTOR GENERAL AUDIT RIGHTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis,
perform reviews, audits, inspections and investigations on all City contracts,
throughout the duration of said contracts. This random audit is separate and
distinct from any other audit performed by or on behalf of the City.
(B) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts,
records, contracts and transactions. In addition, the Inspector General has the
power to subpoena witnesses, administer oaths, require the production of
witnesses and monitor City projects and programs. Monitoring of an existing City
project or program may include a report concerning whether the project is on time,
within budget and in conformance with the contract documents and applicable law.
The Inspector General shall have the power to audit, investigate, monitor, oversee,
inspect and review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, (bid/proposal)
submittals, activities of the Consultant, its officers, agents and employees,
lobbyists, City staff and elected officials to ensure compliance with the contract
documents and to detect fraud and corruption. Pursuant to Section 2-378 of the
City Code, the City is allocating a percentage of its overall annual contract
expenditures to fund the activities and operations of the Office of Inspector
General.
(C) Upon ten (10) days written notice to the Consultant, the Consultant shall make all
requested records and documents available to the. Inspector General for inspection
and copying. The Inspector General is empowered to retain the services of
independent private sector auditors to audit, investigate, monitor, oversee, inspect
and review operations activities, performance and procurement process including
but not limited to project design, bid specifications, (bid/proposal) submittals,
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activities of the Consultant its officers, agents and employees, lobbyists, City staff
and elected officials to ensure compliance with the contract documents and to
detect fraud and corruption.
(D) The Inspector General shall have the right to inspect and copy all documents and
records in the Consultant's possession, custody or control which in the Inspector
General's sole judgment, pertain to performance of the contract, including, but not
limited to original estimate files, change order estimate files, worksheets, proposals
and agreements from and with successful subcontractors and suppliers, all project -
related correspondence, memoranda, instructions, financial documents,
construction documents, (bid/proposal) and contract documents, back -change
documents, all documents and records which involve cash, trade or volume
discounts, insurance proceeds, rebates, or dividends received, payroll and
personnel records and supporting documentation for the aforesaid documents and
records.
(E) The Consultant shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and
performance of this Agreement, for examination, audit, or reproduction, until three
(3) years after final payment under this Agreement or for any longer period required
by statute or by other clauses of this Agreement. In addition:
If this Agreement is completely or partially terminated, the Consultant shall
make available records relating to the work terminated until three (3) years
after any resulting final termination settlement; and
ii. The Consultant shall make available records relating to appeals or to
litigation or the settlement of claims arising under or relating to this
Agreement until such appeals, litigation, or claims are finally resolved.
(F) The provisions in this section shall apply to the Consultant, its officers, agents,
employees, subcontractors and suppliers. The Consultant shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by
the Consultant in connection with the performance of this Agreement.
(G) Nothing in this section shall impair any independent right to the City to conduct
audits or investigative activities. The provisions of this section are neither intended
nor shall they be construed to impose any liability on the City by the Consultant or
third parties.
SECTION 11
NOTICES
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO PM AM: PM AM Corporation
5430 LBJ Fwy, Suite 370
Dallas, TX 75240
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Attn: Dave Moss
Email:
TO CITY: City of Miami Beach
City Manager's Office
1700-,Convention Center Drive, 4th Floor
Miami Beach, FL 33139
Attn: Alina T. Hudak, City Manager
Email: AlinaHudalamiamibeachfl.gov
WITH A COPY TO: City of Miami Beach
Fire Prevention
1701 Meridian Ave., 2"d Floor
Miami Beach, FL 33139
Attn Jeremy Bloomfield, Fire Captain
Email: JeremyBloomfeld(c�miamibeachfl.gov
AND: City of Miami Beach
Police Department
1100 Washington Ave.
Miami Beach, FL 33139
Attn: Andre Morale
Email: AndreMorales(@-miamibeachfl.gov
All notices mailed electronically to either party shall be deemed to be sufficiently
transmitted.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained
herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement shall not be affected and every other term and provision of this Agreement
shall be valid and be enforced to the fullest extent permitted by law.
12.3 WAIVER OF BREACH
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver
of such provision or modification of this Agreement. A party's waiver of any breach of a
provision of this Agreement shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Agreement.
12.4 JOINT PREPARATION
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The parties hereto acknowledge that they have sought and received whatever competent
advice and counsel as was necessary for them to form a full and complete understanding
of all .rights and obligations herein and that the preparation of this Agreement has been a
joint effort of the parties, the language has been agreed to by parties to express their
mutual intent and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the,other.
12.5 ENTIRETY OF AGREEMENT
City and PM AM agree that this is the entire Agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements
or understandings .applicable to .the matters contained herein, and there are no
commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained in this document. Title and paragraph headings are for
convenient reference and are not intended to confer any rights or obligations upon the
parties to this Agreement.
12.6 PM AWS COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
Pursuant to Section 119.0701 of the Florida Statutes, if the PM AM meets the definition of
"Contractor' as defined in Section 119.0701(1)(a), the PM AM shall:
a) Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service;
b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not
exceed the cost provided in this chapter or as otherwise provided by law;
c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law;
and
d) Meet all requirements for retaining public records and transfer to City, at no City
cost, all public records created, received, maintained and/or directly related to the
performance of this Agreement that are in possession of the PM AM upon
termination of this Agreement. Upon termination of this Agreement, the PM AM
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored
electronically must be provided to City in a format that is compatible with the
information technology systems of City.
For purposes of this Article, the term "public records" shall mean all documents, papers,
letters, maps, books, tapes, photographs, films, sound recordings, data processing
software, or other material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to law or ordinance or in connection with the
transaction of official business of the City.
PM AM's failure to comply with the public records disclosure requirement set forth in
Section 119.0701 of the Florida Statutes shall be a breach of this'Agreement.
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In the event the PM AM does not comply with the public records disclosure requirement set
forth in Section 119.0701 of the Florida Statutes, City may, at the City's sole discretion,
avail itself of the remedies set forth under this Agreement and available at law.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(ab-MIAMIBEACHFL. GOV
PHONE: 305-673-7411
12.7 FORCE MAJEURE
(A) A "Force Majeure" event is an event that (i) in fact causes a delay in the
performance of the Consultant or the City's obligations under the Agreement, and
(ii) is beyond the reasonable control of such party unable to perform the obligation,
and (iii) is not due to an intentional act, error, omission, or negligence of such party,
and (iv) could not have reasonably been foreseen and prepared for by such party at
any time prior to the occurrence of the event. Subject to the foregoing criteria,
Force Majeure may include events such as war, civil insurrection, riot, fires,
epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions,
quarantine restrictions, transportation accidents, strikes, strong hurricanes or
tornadoes, earthquakes, or other acts of God which prevent performance. Force
Majeure shall not include technological impossibility, inclement weather, or failure
to secure any of the required permits pursuant to the Agreement.
(B) If the City or Consultant's performance of its contractual obligations is prevented or
delayed by -an event believed by to be Force Majeure, such party shall immediately,
upon learning of the occurrence of the event or of the commencement of any such
delay, but in any case within fifteen (15) business days thereof, provide notice: (i) of
the occurrence of event of Force Majeure, (ii) of the nature of the event and the
cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the
anticipated period of the delay, and (v) of what course of action such party plans to
take in order to mitigate the detrimental effects of the event. The timely delivery of
the notice of the occurrence of a Force Majeure event is a condition precedent to
allowance of any relief pursuant to this section; however, receipt of such notice
shall not constitute acceptance that the event claimed to be a Force Majeure event
is in fact Force Majeure, and the burden of proof of the occurrence of a Force
Majeure event shall be on the requesting party.
(C) No party hereto shall be liable for its failure to carry out its obligations under the
Agreement during a period when such party is rendered unable, in whole or in part,
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by Force Majeure to carry out such obligations. The suspension of any of the
obligations under this Agreement due to a Force Majeure event shall be of no
greater scope and no longer duration than is required. The party shall use its
reasonable best efforts to continue to perform its obligations hereunder to the
extent such obligations are not affected or are only partially affected by the Force
Majeure event, and to correct or cure the event or condition excusing performance
and otherwise to remedy its inability -to perform to the extent its inability to perform
is the direct result of the Force Majeure event with all reasonable dispatch.
(D) Obligations pursuant to the Agreement that arose before the occurrence of a Force
Majeure event, causing the suspension of performance, shall not be excused as a
result of such occurrence unless such occurrence makes such performance not
reasonably possible. The obligation to pay money in a timely manner for
obligations and liabilities which matured prior to the occurrence of a Force Majeure
event shall not be subject to the Force Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein, in the event of a Force
Majeure occurrence, the City may, at the sole discretion of the City Manager,
suspend the City's payment obligations under the Agreement, and may take such
action without regard to the notice requirements herein. Additionally, in the event
that an event of Force Majeure delays a party's performance under the Agreement
for a time period greater than thirty (30) days, the City may, at the sole discretion of
the City Manager, terminate the Agreement on a given date, by giving written notice
to Consultant of such termination. if the Agreement is terminated pursuant to this
section, Consultant shall be paid for any Services satisfactorily performed up to the
date of termination; following which the City shall be discharged from any and all
liabilities, duties, and terms arising out of, or by virtue of, this Agreement. In no
event will any condition of Force Majeure extend this Agreement beyond its stated
term.
12.8 E-VERIFY
(A) Consultant shall comply with Section 448.095, Florida Statutes, "Employment
Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to
the E-Verify Statute, commencing on January 1, 2021, Consultant shall register
with and use the E-Verify system to verify the work authorization status of all newly
hired employees during the Term of the Agreement. Additionally, Consultant shall
expressly require any subconsultant performing work or providing services
pursuant to the Agreement to Likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees
hired by the subconsultant during the contract Term. If Consultant enters into a
contract with an approved subconsultant, the subconsultant must provide the
Consultant with an affidavit stating that the subconsultant does not employ, contract
with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of
such affidavit for the duration of the Agreement or such other extended period as
may be required under this Agreement.
(B) TERMINATION RIGHTS.
(1) If the City has a good faith belief that Consultant has knowingly violated
Section 448.09(1), Florida Statutes, the City shall terminate this Agreement
with Consultant for cause, and the City shall thereafter have or owe no
further obligation or liability to Consultant.
(2) If the City has a good faith belief that a subconsultant has knowingly
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violated the foregoing Subsection 10.9(A), but the Consultant otherwise
complied with such subsection, the City will promptly notify the Consultant
and order the Consultant to immediately terminate the Agreement with the
subconsultant. Consultant's failure to terminate a subconsultant shall be an
event of default under this Agreement, entitling City to terminate the
Consultant's contract for cause.
(3) A contract, terminated under the foregoing Subsection (B)(1) or (B)(2) is not
in breach of contract and may not be considered as such.
(4) The City or Consultant or a subconsultant may file an action with the Circuit
or County Court to challenge a termination under the foregoing Subsection
(B)(1) or (B)(2) no later than 20 calendar days after the date on which the
contract was terminated.
(5) If the City terminates the Agreement with Consultant under the foregoing
Subsection (13)(1), Consultant may not be awarded a public contract for at
least 1 year after the date of termination of. this Agreement.
(6) Consultant is liable for any additional costs incurred by the City as a result
of the termination of this Agreement under this Section 10.9.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR,CITY:
ATTEST:
By:
Date:
CITY OF MIAMI BEACH, FLORIDA
Rafael E. Granado, City Clerk Alina T. Hudak, City Manager
FOR PM AM:
PM AM CORPORATION
By:
Print Name
Date:
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EXHIBIT A
Scope of Services.
PM AM shall provide the City of Miami Beach Fire and Police Department with a real-time,
web -based "False Alarm Billing System" and shall be responsible for administrating the City's
real-time, web based, false alarm billing system which includes database development and
management, registration of alarm systems, alarm tracking, billing, collection and accounting services
for registration fees and false alarm fees, correspondence with citizens and businesses regarding
false alarms for the Fire and Police Departments. The contractor shall provide the City with the ability
to manage the back -office functions of the billing system which could include system configuration,
false alarm case review, account management, financial statistics quality assurance/insurance and
ad -hoc reporting. The application shall allow the residents, business owners, and alarm management
entities the capability to register and manage both burglar and fire alarm account information via the
internet. The contractor shall provide the customer with all aspects of customer service. Finally, the
contractor will provide all hardware, software, materials, supplies, space, and staff resources as
required, at no cost to the City.
A3. Specifications.
• Proposed solution must be hosted by third -party, and web enabled.
• Technical support shall be available via the telephone (toll free) during normal business
hours. Monday through Friday, 8:00 a.m. to 5:00 p.m. (Eastern Standard Time), and after-
hours emergency support.
• Provide customer support to residents and business owners during normal business hours,
Monday through Friday, 8:00 a.m. to 5:00 p.m. (Eastern Standard Time)
• Provide a dedicated account manager that will be responsible for providing support and
implementation assistance.
• Provide initial training for the Fire and Police Department personnel on the proper use of the
functions and applications, both at the individual and administrator level.
• Provide collection of payments in accordance with the rates established by the alarm
ordinance, and any implementing resolution or orders, as may be amended from time to time
by the City.
• Performance of all the billing in accordance with the City's alarm ordinance, and any
implementing resolutions or orders, as may be amended from time to time by the City.
• Provide customers with the ability to make payments online.
• Identify and provide notice to alarm users that are delinquent by 30 days.
• Report to the City those alarm users that are delinquent by 30 days.
• Contractor will maintain a list of all City owned properties which will be excluded from
collection of payment for any false alarm incidents.
• Respond to citizen complaints about lack of services to an alarm address.
• Respond to miscellaneous citizen complaints concerning the false alarm billing collection and
related services.
• The contractor shall be the point of contact for all alarm users.
• The contractor shall send out notices when the City advises contractor that there is a new
user of the alarm system.
• All templates for correspondence must be preapproved by the City prior to the use by the
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contractor.
• The contractor shall supply hardware, software, and all services necessary to establish and
provide the false alarm billing and collection service; to include postage.
• Contractor shall pay for the development and integration of two independent data interfaces:
one for Police and one for Fire. Police will use the Computer Aided Dispatch (CAD) data
while Fire will utilize Records Management System (RMS) data.
• Contractor shall make payments directly to the CAD and RMS vendor(s). '
• Contractor shall work directly with the CAD and RMS vendor(s) as part of the build -out,
testing, and implementation process of the data interfaces.
Minimum Requirements of the System.
• Single contractor for both Police and Fire Departments with separate user management and
configuration.
• " Daily resident assistance.
• Web based platform/browser based and no "FAT' client installation.
• Independent and configurable triggers to be defined by Police CAD data and Fire Department
RMS data.
• Back -end user management tool that is permission based.
• Multi browser -based builds (Chrome, Safari, Mozilla, Firefox, Opera, IE, etc.).
• Administration configuration utility.
• Ad -hoc reporting tool.
• Records retention shall meet the State of Florida Schedule, per Chapter 119 and 257, Florida
Statutes.
• Contractor to provide public service announcements and initial mailers for registration kick-off
at no cost.
• Maintenance of databases:
(a) Alarm permits.
(b) Permit Holders.
(c) Permit Holders with outstanding charges.
(d) Non -permitted location with outstanding charges.
2. System Functionality Requirements.
• Public education via web and mailers.
• Provide a toll -free citizen customer support telephone line. Such services shall not be
outsourced and shall be conducted by the selected vendor. Customer service personnel must
have experience in handling the administration aspects (including tracking and billing) of the
program and the service must be able to support any citizens' inquiries about the City's alarm
ordinance, registrations, fines, etc.
• Provide continuing education programs for alarm users and alarm companies. The
promotional campaign may include radio and television public service announcements,
billboards, print advertisements.
• Public Access Portal.
• Self -registration of alarm via the web by customer or administrator.
• Mail Registration Acceptance.
• Call Center acceptance of registration to be handled by vendor.
• Ad -hoc reporting.
• Configurable accounting statistical and reporting tools.
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• Ability to audit user's access and actions within application (i.e. record changes or billing
changes).
• Ability to exclude specific response locations and mass import the exclusion locations (i.e.
City buildings, hospitals, non -response locations).
• Ability to export to Excel, CSV, and or text files.
• Shall return the City's data in an agreed -upon format at the end of the contract term, if the
contract is not renewed, or upon any earlier termination, at no cost to the City.
• Access to query system for notification/billing date/time stamp.
• Provide a monthly report of all fees collected for permits and false alarms.
• Violator must have the ability to dispute the Notice of Violation (NOV) within 30 days of
notification (should delay billing functionality once dispute is received).
• Contractor customer service to flag disputes and provides notification to the City.
• Contractor to provide a system or business process for handling disputes (correction of
record info, request for hearing at Special Master) within a certain number of days from NOV.
• City to have the ability to add notes/follow-up information on individual alarm profiles and
incidents.
• Contractor to provide an automated upload process of violations with no end -user
intervention.
• Ability to run reports based on geographical location (homeowners association, Fire
Department Zone) by set map layers or polygon.
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EXHIBIT B
REVENUE COST PROPOSAL FORM
'The estimated amounts stated herein are for calculation purposes only. Actual amounts may be greater or less than the
estimated amounts.
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