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Agreement with PMAM- ATB Corporation
DocuSign Envelope ID: 4CMED49-418A-4101-8622-79C961D498CB DocuSign Envelope ID: E1DC4BDF-0878-456C-887B-4300A037475A 2_oZ�-- 3 2s (o L, c-zP e-jIze)/2.3 Contract no. 22-005-01 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PMAM-ATB CORPORATION FOR FIRE AND POLICE FALSE ALARM BILLING SYSTEM PURSUANT TO RFP-2022-005-ND This Professional Services Agreement ("Agreement") is entered into this 6/27/2023 1 }tfflkt%T) 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 PMAM- ATB CORPORATION, a Texas 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 Request For Proposals ("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 RFP, 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. 26724: and fax number (305) 673-7529. DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB DocuSign Envelope ID: E1DC4BDF-0878-456C-887B-4300A037475A 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-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 with the City's False Alarm Ordinance, pursuant to the RFP, Appendix D, attached hereto as Exhibit C. 4.2 PERCENTAGE OF GROSS (PG) During the initial term and any approved renewal term, Consultant shall pay the City a percentage of its gross revenue collected from the enactment of false alarm program, in accordance with Exhibit B attached hereto. Percentage of gross revenue shall be paid on a monthly basis, 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. 2 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB DocuSign Envelope ID: E1DC4BDF-0878456C-887B-4300A037475A PM AM will pay all costs including LISPS 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. DocuSign Envelope ID. 4C7DED49-418A-4101-8B22-79C9B1D498CB DocuSign Envelope ID: E1DC4BDF-0878-456C-887B-4300A037475A 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 perform 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. DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C981D498CB DocuSign Envelope ID: ElDC4BDF-0878-456C-887B-4300A037475A 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 61 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 (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB DocuSign Envelope ID: E1DC4BDF-0878-456C-887B-4300A037475A 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 whether the City has received a waiver of subrogation endorsement from the insurer. M. DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB DocuSign Envelope ID: E1DC4BDF-0878-456C-887B-4300A037475A Acceptability of Insurers —Insurance must be placed with insurers with a current A.M. Best rating of A+ 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 JURISDICTION/VENUE/JURY 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 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 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB DocuSign Envelope ID: E1DC4BDF-0878456C-887B-4300A037475A 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 5.6.1c. 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 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 — 5PM, 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 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9l31D498CB DocuSign Envelope ID: E1DC4BDF-0878456C-88784300A037475A 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. 10.6 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, religion, sex, intersexuality, gender identity, sexual orientation, disability, marital and familial status, or age. DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB DocuSign Envelope ID: E1DC4BDF-0878-456C-887B-4300A037475A 10.7 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. 10.8 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 shalt 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, 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. 10 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB DocuSign Envelope ID: E1DC4BDF-0878-456C-887B-4300A037475A (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 CONSULTANT: PM AM Corporation 5430 LBJ Fwy, Suite 370 Dallas, TX 75240 Attn: Dave Moss Ph: 972-831-7404 Email: davem(o)pmam.com TO CITY: City of Miami Beach City Manager's Office 1700 Convention Center Drive, 4"' Floor 11 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB DocuSign Envelope ID: E1DC4BDF-0878-456C-887B-4300A037475A Miami Beach, FL 33139 Attn: Alina T. Hudak, City Manager Email: AlinaHudak Qmiamibeachfl.gov WITH A COPY TO: City of Miami Beach Fire Prevention 1701 Meridian Ave., 2nd Floor Miami Beach, FL 33139 Attn: Jeremy Bloomfield, Fire Captain Email: JeremyBloomfield cr.miamibeachfi.gov AND: City of Miami Beach Police Department 1100 Washington Ave. Miami Beach, FL 33139 Attn: Andre Morales Email: AndreMorales()rniamibeachfi.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 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. F, DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9I31D498CB DocuSign Envelope ID: E1DC4BDF-0878-456C-887B-4300A037475A 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. 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: 13 DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C9B1D498CB DocuSign Envelope ID: E1DC4BDF-0878456C-887B-4300A037475A CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO(c'D-M IAM IBEACH FL. 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. (8) 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 evert 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, 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 14 DocuSign Envelope ID: 4CMED49-418A-4101-8622-79C961D498CB DocuSign Envelope ID: E1DC4BDF-0878-456C-887B-4300A037475A 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 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 (13)(1) or (13)(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 (13)(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 15 DocuSign Envelope ID: 4CMED49-418A-4101-8622-79C961D498CB DocuSign Envelope ID: E1DC4BDF-0878-456C-887B-4300A037475A Subsection (Bx1), 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. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] iN DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB DocuSign Envelope ID: E1DC48DF-0878-456C-887B-4300A037475A 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: CITY OF MIAMI BEACH, FLORIDA ATTEST: DOCUSigned by: ► �` �Ott 'E. Gvaana�e BY AMBAOaFa5EUCF - Rafael E. Granado, City Clerk lira T. Hudak, City Mallager Date 6/27/2023 112:40 EDT FOR CONSULTANT PMAM-ATB CORPORATION By: -- - fpc'O- Print Name/Title Date: D 5/ 2-7- 2.0 23 APPROVED AS TO FORM & LANGUAGE A-�FOR EXECUTION 11 ttd T-)City Attorney fR% - Date 17 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB DocuSign Envelope ID: E1DC4BDF-0878-456C-887B-4300A037475A EXHIBIT A SCOPE OF SERVICES 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 compiaints 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 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. 18 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB DocuSign Envelope ID: E1DC4BDF-0878-456C-887B-4300A037475A 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. • 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 19 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB DocuSign Envelope ID: E1DC4BDF-0878456C-887B-4300A037475A 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 notificationlbilling dateltime 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. [BALANCE OF PAGE INTENTIONALLY LEFT BLANK) 20 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB DocuSign Envelope ID: E1 DC4BDF-0878-456C-887B-4300A037475A EXHIBIT B REVENUE COST PROPOSAL FORM eslimaled amounts. (BALANCE OF PAGE INTENTIONALLY LEFT BLANK] 21 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB DocuSign Envelope ID: E1DC4BDF-0878-456C-887B-4300A037475A EXHIBIT C CITY'S FALSE ALARM ORDINANCE 22 DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C9B1D498CB RESOLUTION 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 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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 willingness to 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 ATTEST: MAY 0 2 202,1 Raf el E. Granado, City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 3-3—a3 City Attorney Date a8 day Dan Gelber, Mayor DocuSign Envelope ID: 4CMED49-418A-4101-8622-79C961D498CB Competitive Bid Resorts - C2 F MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: 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 Cleric to execute the agreement with PMAM-ATB Corporation. BACKGROUND/HISTORY Pursuant to City Ordinance Section 42-81 — 42-92 and Section 5b-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. Page B8 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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 81% 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 Page 89 of 991 DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C9B1 D498CB 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. Am ou nt(s)/Accou nt(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�2ursuant 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? No Page 90 of 991 DocuSign Envelope ID 4C7DED49-418A-4101-8B22-79C9B1D498CB 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. 1 Page 91 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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. 2 Page 92 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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. 3 Page 93 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1 D498CB 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 perform '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 ORDINANCEIS 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. 4 Page 94 of 991 DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C9B1D498CB 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. 5.6.1 c 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 5 Page 95 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB (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 6 Page 96 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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-miamibeach6a 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 JURISDICTION/VENUE/JURY 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 7 Page 97 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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 8 Page 98 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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 — 5PM, 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, 9 Page 99 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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, 10 Page 100 of 991 DocuSign Envelope ID. 4C7DED49-418A-4101-8B22-79C9B1D498CB 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, ail 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 11 Page 101 of 991 DocuSign Envelope ID. 4C7DED49-418A-4101-8B22-79C9B1D498CB Attn: Dave Moss Email: TO CITY: City of Miami Beach City Manager's Office 1700 Convention Center Drive, 41h Floor Miami Beach, FL 33139 Attn: Alina T. Hudak, City Manager Email: Alin aHudal0miamibeachfl.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: JeremvBloomfield(a)miamibeachfl.gov AND: City of Miami Beach Police Department 1100 Washington Ave. Miami Beach, FL 33139 Attn: Andre Morale Email: AndreMorales(d0iamibeachfl.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 12 Page 102 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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. 13 Page 103 of 991 DocuSign Envelope ID 4CMED49-418A-4101-8B22-79C961D498CB 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(d)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 parry 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, 14 Page 104 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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 parry'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 15 Page 105 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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 (13)(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 (13)(1) or (13)(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 (B)(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. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 16 Page 106 of 991 DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C9B1 D498CB 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: Rafael E. Granado, City Clerk Date: FOR PM AM: PM AM CORPORATION By: Print Name Date: CITY OF MIAMI BEACH, FLORIDA Alina T. Hudak, City Manager 17 Page 107 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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 18 Page 108 of 991 DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C961D498CB 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, pant 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. 19 Page 109 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB • 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. 20 Page 110 of 991 DocuSign Envelope ID: 4CMED49-418A-4101-8622-79C9B1D498CB 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. 21 Page 111 of 991 DocuSign Envelope ID: 4CMED49-418A-4101-8622-79C981D498CB ATTACHMENT B ADDENDUM AND RFP SOLICITATION DocuSign Envelope U 4C7DED49-418A-4101-8B22-79C9B1D498CB MIAMIBEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 2 REQUEST FOR PROPOSALS NO. 2022-005-ND FIRE AND POLICE FALSE ALARM BILLING SYSTEM (the "RFP") December 3, 2021 This Addendum to the above -referenced RFP is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFP is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). RESPONSES TO QUESTIONS RECEIVED. Q1: What is the total number of false alarms in the years 2019, 2020, and 2021 YTD? A1: The total number of false alarms is 3,011 in 2019, 2,812 in 2020, and 2,447 in 2021. Q2: What is the total amount billed for false alarms in the years 2019, 2020, and 2021 YTD? A2: The total amount billed for false alarms averages $340,725 for the three years. Q3. What is the total amount collected for false alarms in the years 2019, 2020, and 2021 YTD A3: The total amount collected for false alarms averages $133,248 for the three years. Q4: What is the total number of active alarm systems (separated by commercial and residential, if possible) at the of years 2019, 2020, and 2021 YTD? A4: The total number of active alarm systems is 1,558 in 2019, 579 in 2020, and 410 in 2021. Q5: What is the total amount billed for permits in the years 2019, 2020, and 2021 YTD? A5: The total amount billed for permits is $93,125 in 2019, $7,040 in 2020, and $3,870 in 2021. Q6: What is the total amount collected for permits in the years 2019, 2020, and 2021 YTD? A6: The total amount collected for permits is $15,965 in 2019, $6,660 in 2020, and $4,550 in 2021. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(a miamibeachfl.gov Contact: Natalia Delqado Telephone: Email: 305-673-7000 ext. 26263 nataliadelgado@miamibeachfl. Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. Si rely, Al x enis ro urement Director No. 2022-005-ND Addendum #2 12/3/2021 DocuSign Envelope ID: 4C7DED49-418A-4101-81322-79C9131D498CB MIAMIBEACH Procurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfi.gov ADDENDUM NO.1 REQUEST FOR PROPOSALS NO. 2022-005-ND FIRE AND POLICE FALSE ALARM BILLING SYSTEM (the "RFP") November 24, 2021 This Addendum to the above -referenced RFP is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFP is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). The deadline for questions has passed. No further questions will be considered. 1. RFP DUE DATE AND TIME. The deadline for receipt of electronic submittals through Periscope S2G is extended until 3:00 p.m., Friday, December 10, 2021. All proposals received and time stamped through PeriscopeS2G, prior to the proposal submittal deadline shall be accepted as timely submitted. Proposals cannot be submitted after the deadline established for receipt of proposals. Hard copy proposals or proposals received electronically, either through email or facsimile, submitted prior to or after the deadline for receipt of proposals are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. PUBLIC BID OPENING Dial -In Instructions: • Dial the Telephone Number: +1 786-636-1480 • Enter the Conference I D No: 427114 096# To join on your computer or mobile app Click here to join the meeting A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadoomiamibeachfl.gov Contact: Telephone: Email: Natalia Delgado 1 305-673-7000 ext. 26263 nataliadel ado@miamibeachfl. ov Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. Sincerely, Alex Denis Procurement Director RFP No. 2022-005-ND Addendum #1 11 /24/2021 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB MIAMI BEACH RFP 2022-005-ND FIRE AND POLICE FALSE ALARM BILLING SYSTEM TABLE OF CONTENTS SOLICITATION SECTIONS: 0100 INSTRUCTIONS TO PROPOSERS 0200 GENERAL CONDITIONS 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 0400 PROPOSAL EVALUATION APPENDICES: APPENDIX A MINIMUM REQUIREMENTS & SPECIFICATIONS APPENDIX B REVENUE PROPOSAL FORM APPENDIX C INSURANCE REQUIREMENTS APPENDIX D FALSE ALARM ORDINANCE DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB MIAMI BEACH SECTION 0100 INSTRUCTIONS TO PROPOSERS 1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and revenue proposals (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]") if this RFP results in an award. The City utilizes Periscope S2G (formally known as BidSync) (www.periscopeholdings.com or www.bid sync, com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective Proposer who has received this RFP by any means other than through Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City's Police and Fire Departments are required per City Ordinance to implement a false alarm billing system for the registering or tracking of false alarms received by the departments. For approximately five years, the City of Miami Beach (the "City") has had a revenue sharing agreement for the administration of the City's false alarm billing system. The current agreement expires on October 25, 2021. In order to consider a replacement agreement, this Request for Proposals (RFP) seeks responses from interested parties who wish to enter into a revenue sharing contract for the administration of the City of Miami Beach's (the "City") 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, and correspondence with citizens and businesses regarding false alarms. Contractor will pay the City a percentage of its gross revenue collected form the enactment of the false alarm program, provided that all bank charges incurred in connection with the services rendered under the agreement shall be paid by the Contractor. The percentage of gross revenue shall be paid monthly, showing the fee calculation and supporting payments reconciliation. 3. ANTICIPATED RFP TIMETABLE. The tentative schedule for this solicitation is as follows: RFP Issued I October 15, 2021 Pre -Proposal Meeting October 26, 2021 at 9:00 a.m. ET To join on your computer or mobile app Click here to join the meeting Deadline for Receipt of Questions November 10, 2021 at 5:00 p.m. ET Responses Due December 3, 2021 at 3:00 p.m. ET To join on your computer or mobile app Click here to On the meeting Or call in (audio only) (1) Dial the TELEPHONE NUMBER: 1 786-636-1480 (Toll -free North America) (2) Enter the MEETING NUMBER 427 114 096# Evaluation Committee Review TBD DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB MIAMI BEACH Proposer Presentations TBD Tentative Commission Approval Authorizing Negotiations TBD Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone Email, Natalia Delqado 305-673-7000 x26263 Natz The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 5 PRE -PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre -proposal meeting or site visit(s) may be scheduled. Attendance for the pre -proposal meeting shall be via telephone and recommended as a source of information but is not mandatory. Proposers interested in participating in the Pre -Proposal Meeting must follow these steps: (1) Dial the TELEPHONE NUMBER: 786-636-1480 (United States, Miami Toll -free) (2) Enter the MEETING NUMBER: 290 374 730# Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFP expressing their intent to participate via telephone. 6. PRE -PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre - submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through Periscope S2G. Any prospective proposer who has received this RFP by any means other than through Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated RFP Timetable section. 7. CONE OF SILENCE. This RFP is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov 8. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to require additional information from Proposers (or Proposer team members or sub -consultants) to determine qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1 D498CB MIAMI BEACH 9. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 10. DETERMINATION OF AWARD. The City Manager may appoint an evaluation committee to assist in the evaluation of proposals received. The evaluation committee is advisory only to the City Manager. The City Manager may consider the information provided by the evaluation committee process and/or may utilize other information deemed relevant. The City Manager's recommendation need not be consistent with the information provided by the evaluation committee process and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1) The ability, capacity and skill of the Proposer to perform the contract. (2) Whether the Proposer can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Manager may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 11. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. 12. E-VERIFY. As a contractor you are obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." Therefore, you shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract 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 subcontractor during the Contract term. Balance of Paqe IntentionallV Left Blank DocuSign Envelope ID4C7DED49-418A-4101-8B22-79C9B1D498CB MIAMI BEACH SECTION 0200 GENERAL CONDITIONS TERMS & CONDITIONS —SERVICES. By virtue of submitting a proposal in response to this solicitation, proposer agrees to be bound by and in compliance with the Terms and Conditions for Services (dated April 13, 2020), incorporated herein, which may be found at the following link: https://www miamibcachtl oovvlcit} halllprocurementlstandard-terms-and-conditions/ DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB MIAMI BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. ELECTRONIC RESPONSES (ONLY). Proposals must be submitted electronically through Periscope S2G (formerly BidSync) on or before the date and time indicated. Hard copy proposals or proposals received through email or facsimile are not acceptable and will be rejected. A proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal until the deadline for proposal submittals. The City will only consider the latest version of the proposal. Electronic proposal submissions may require the uploading of attachments. All documents should be attached as separate files in accordance with the instructions included in Section 4, below. Attachments containing embedded documents or proprietary file extensions are prohibited. It is the Proposer's responsibility to assure that its proposal, including all attachments is uploaded successfully. Only proposal submittals received, and time stamped by Periscope S2G (formerly BidSync) prior to the proposal submittal deadline shall be accepted as timely submitted. Late proposals cannot be submitted and will not be accepted. Proposers are cautioned to allow sufficient time for the submittal of proposals and uploading of attachments. Any technical issues must be submitted to Periscope S2G (formerly BidSync) by contacting (800) 990- 9339 (toll free) or S2G(cDperiscopeholdings.com. The City cannot assist with technical issues regarding submittals and will in no way be responsible for delays caused by any technical or other issue. It is the sole responsibility of each Proposer to ensure its proposal is successfully submitted in Periscope S2G prior to the deadline for proposal submittals. 2. NON -RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non - responsiveness. Non -responsive proposals will not be considered. 1. Bid Submittal Questionnaire (submitted electronically). 2. Failure to comply with Minimum Eligibility Requirement (See Appendix A, Section Al). 3. Revenue Proposal (Tab 5). 3. OMITTED OR ADDITIONAL INFORMATION. Failure to include the Bid Submittal Questionnaire (completed and submitted electronically) and the Revenue Proposal with the bid and by the deadline for submittals shall render a proposal non -responsive. Non -Responsive proposals will not be considered. With exception of the Bid Submittal Questionnaire (completed and submitted electronically) and the Revenue Proposal, the City reserves the right to seek any omitted information/documentation or any additional information from Proposer or other source(s), including but not limited to. any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. Failure to submit any omitted or additional information in accordance with the City's request shall result in proposal being deemed non -responsive. 4. ELECTRONIC PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the tabs, and sections as specified below. The electronic submittal should be tabbed as enumerated below and contain a table of contents with page references. The electronic proposal shall be submitted through the "Line Items" attachment tab in Periscope S2G. Cover Letter & Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum qualifications requirements established in Appendix A, Minimum Requirements and Specifications. DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB MIAMI BEACH Experience & Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the relevant experience and proven track record of the firm and/or its principals in providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies. For each project that the Proposer submits as evidence of similar experience for the firm and/or any principal, the following is required: project description, agency name, agency contact, contact telephone & email, and year(s) and term of engagement. For each project, identify whether the experience is for the firm or for a principal (include name of principal). 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each Proposal team member to be assigned to this contract. Sco a of Services Proposed 3.1 Submit detailed information addressing how Proposer will achieve each portion of the scope of services and technical requirements outlined in Appendix A, Minimum Requirements and Specifications including but not limited to the following: 3.1.1. Software Application Product 3.1.1 Provide a detailed description of the system/services being proposed and its functionality. 3.1.2 Include information regarding enhancements or additional modules expected to be available within the next year, including a software refresh schedule. 3.1.3 Provide information on the firm's level of commitment to continuous system improvements (upgrades), security patches for all applications, expansion of system capabilities and providing client support? 3.1.4 Describe user interface capabilities with Computer Aided Dispatch (CAD) and Records Management System (RMS), including remote and mobile access. 3.1.2. Technical Information of the Software Application 3.2.1 Provide a complete description of any client -side technical specifications and/or hosting requirements for the platform proposed. 3.2.1.1 If a non -hosted solution, provide detailed infrastructure requirements and architectural design. 3.2.2 Indicate, in detail, the level of integration of your product with existing systems and applications. 3.2.3 Identify any third -party software required to provide the functionality required by the City. 3.2.4 Describe user rights and administrative controls. 3.2.5 Describe, in detail, the methods of risk mediation during installation, testing, deployment, and operation of the platform proposed including, but not limited to, data encryption for data at rest/in motion, authentication through active directory with multi -factor authentication, authorization by least privilege, secure APIs, and micro services. Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the Evaluation Committee to complete a fully review and score the proposed scope of services. Approach and Methodology 4.1 Submit detailed information addressing how proposed solution will achieve each portion of the scope of services and technical requirements outlined in Appendix A, Minimum Requirements and Specifications including but not limited to the following: DocuSign Envelope U 4C7DED49418A4101-8B22-79C9B1D498CB MIAMI BEACH 4.1.1 Project Planning and Implementation Information 4.1.1.1 Provide a complete sample project plan for this project. Include your firm's approach to project management, implementation, migration, and training issues. Describe the implementation strategy that would be employed to successfully complete the project as well as meet the requirements of the City within the required timeline. 4.1.1.2 Include a sample project schedule based on the above project plan. Indicate the significant "milestones" in a project of this nature and magnitude. 4.1.1.3 Include a sample project acceptance criteria list. 4.1.2 Training Information 4.1.2.1 Describe the training program approach for the City. Include in-house training ("Live") and training for new updates/advancements in the proposed platform. 4.1.2.2 Describe all training manuals and formats available. Describe other methods or training available to City users. 4.1.3 Maintenance/SupportlWarranty Information 4.1.3.1 Describe the levels and types of ongoing system support and maintenance provided by your firm. Specify the current version of your system, next major upgrade, how often the system is upgraded, and how the upgrades are accomplished. 4.1.3.2 Indicate how support would be provided (hotline telephone support, email, on -site, helpdesk, etc.). Describe the support escalation process should initial methods of support not adequately address the issue(s). 4.1.3.3 Describe software and services warranty coverage. Provide any available Service Level Agreement(s) ("SLA") for the City's consideration. 4.1.4 Additional/Optional Services 4.1.4.1 Provide detailed information regardingany additional or optional services offered. -.1 6MRevenue Proposal Submit a completed Revenue Proposal Form (Appendix B). Balance of Pape Intentionally Left Blank DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB SECTION 0400 PROPOSAL EVALUATION 1. EVALUATION OF PROPOSALS. All responsive proposals will be evaluated in accordance with this section. If more than one proposal is received, the City Manager may appoint an Evaluation Committee to consider and provide feedback on the qualitative factors of each proposal. In the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFP, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. In the evaluation of proposals, Proposers may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. Failure to provide the requested information within the time prescribed may result in the disqualification of proposal. 2. EVALUATION CRITERIA. Responsive, responsible proposals will be evaluated in accordance with the following criteria. 3. QUALITATIVE CRITERIA. The Evaluation Committee shall review responsive, responsible proposals and assign points for the qualitative factors only. The Evaluation Committee shall not consider quantitative factors (e.g. revenue) in its review of proposals. The Evaluation Committee shall act solely in an advisory capacity to the City Manager. The results of the Evaluation Committee process do not constitute an award recommendation. The City Manager may utilize, but is not bound by, the results of the Evaluation Committee process, as well as consider any feedback or information provided by staff, consultants or any other third -party in developing an award recommendation in accordance with Section 0100, Sub -section 10. In its review of proposals received, the Evaluation Committee may review and score all proposals, with or without conducting interview sessions, in accordance with the following criteria. 4. QUANTITATIVE CRITERIA. Procurement Department staff will assign points for the quantitative criteria. Veterans' Preference points will be assigned in accordance with Section 2-374 of the City Code. Revenue proposal points in accordance with the following formula: Sam le Objective Formula for Revenue Points Formula for Calculating Points Vendor Example Maximum (revenue proposal being evaluated 1 Allowable Points highest revenue proposal X Total Points Vendor Revenue (Points noted are for illustrative maximum allowable points = awarded Awarded Proposal purposes only. Actual points are points) noted above.) Round to Vendor A $200 20 $2001$200 X 20 = 20 20 Vendor B $150 20 $1501$200 X 20 =15 15 Vendor C $100 20 $100 I $200 X 20 =10 10 5. DETERMINATION OF FINAL RANKING. The sum of the evaluation criteria points will be converted to rankings in accordance with the example below: DocuSign Envelope ID: 4C7DED49418A4101-8B22-79C9B1D498CB Qualitative Points A 82 ProposerProposer . 74 Proposer 80 Committee Quantitative Points 15 10 0 Member 1 Total 97 84 80 Rank 1 2 3 Qualitative Points 82 85 72 Committee Quantitative Points 15 10 0 Member 2 Total 97 95 72 Rank 1 2 1 3 _ Qualitative Points 90 74 66 Committee Quantitative Points 15 10 0 Member 2 Total 105 84 66 AggregateLow Rank 1 2 3 It is important to note that the results of the proposal evaluation process in accordance with Section 0400 does not represent an award recommendation. The City Manager will utilize the results of the proposal evaluation process, and any other information he deems appropriate, to develop an award recommendation to the City Commission, which may differ from the results of the proposal evaluation process and final rankings. Balance of Page Intentionally Left Blank DocuSign Envelope ID. 4C7DED49-418A-4101-8B22-79C9B1D498CB APPENDIX A /OIAMIBEACH Minimum Requirements & Specifications 2022-005-N D FIRE AND POLICE FALSE ALARM BILLING SYSTEM PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB Al. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Bidder shall submit the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements shall be deemed non -responsive and shall not have its bid considered. 1. Bidder (defined as the Proposing Firm) and/or its principal must have successfully installed a minimum of three (3) internet based false alarm billing systems for municipalities in size of no less than 50,000 residents within the last three (3) years. Required Submittals: Submit proof, including name of municipality, municipality representative, representative contact information (phone and email), start and completion dates of service, and number of residents in municipality. Identify whether the experience is for the firm or for a principal (include name of principal). A2. Statement of Work Required. The City is seeking to enter into a revenue sharing contract with a contractor that will 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. DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB • 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 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. 1. 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 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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. • 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. 4. Fee Structure. The contractor will collect all revenues generated in accordance to the City's False Alarm Ordinance. 5. 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. DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB A4. Special Conditions 1. TERM OF CONTRACT. The term of the agreement resulting from this RFP shall be for an initial term of two (2) years. 2. OPTION TO RENEW. The City, through its City Manager, will have the option to extend for three (3) additional one-year periods at the City's sole discretion Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative, and not a right of the concessionaire. In the event that the contract is held over beyond the term herein provided it shall only be from a month -to -month basis only and shall not constitute an implied renewal of the contract. Said month to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein and shall not exceed six (6) months. 3. WARRANTY/GUARANTEE REQUIREMENTS. The contractor warrants the materials supplied and the work performed under this contract conform to warranty materials provided and work performed for one (1) year from date of completion. In addition to all other warranties that may be supplied by the contractor, the contractor shall warrant its products and/or service against faulty labor and/or defective material for a minimum period of one (1) year after the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain in force for the full one (1) year period; regardless of whether the contractor is under contract with the City at the time of any defect. Any payment by the City on behalf of the goods or services received from the contractor does not constitute a waiver of these warranty provisions. The contractor shall be responsible for promptly correcting any deficiency, at no cost to the City, within five (5) calendar days after the City notifies the contractor of such deficiency in writing. If the contractor fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the contractor, in writing, that the contractor may be debarred as a City bidder/proposer, subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City, and/or procure the products or services from another contractor and charge the contractor for any additional costs that are incurred by the City for this work or items; either through a credit memorandum or through invoicing. 4. FAILURE TO PERFORM. Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in default of the contract or make appropriate reductions in the contract payment. 5. ADDITIONAL SERVICES. Services not specifically identified in this request may be added to any resultant contract upon successful negotiations and mutual consent of the contracting parties. DocuSign Envelope ID4C7DED49-418A-4101-8B22-79C9B1D498CB APPENDIX B MIAMI BEACH Revenue Proposal Form 2022-005-N D FIRE AND POLICE FALSE ALARM BILLING SYSTEM PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID: 4C70ED49-418A-4101-8B22-79C9B1D498CB APPENDIX B REVENUE PROPOSAL FORM Proposer affirms that the prices stated on the revenue proposal form below represent the entire cost of the items in full accordance with the requirements of this RFP, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Revenue Proposal Form (Appendix B) shall be completed mechanically or, if manually, in ink. Revenue Proposal Forms (Appendix B) completed in pencil shall be deemed non -responsive. All corrections on the Revenue Proposal Form (Appendix B) shall be initialed. The successful proposer will collect all revenues generated in accordance with the City's False Alarm Ordinance. Proposer shall propose a minimum monthly percentage of Gross Revenue, to be paid monthly, showing the fee calculation and supporting payments reconciliation. t The estimated amounts stated herein are for calculation purposes only. Actual amounts may be greater or less than the estimated amounts. Balance of Page Intentionally Left Blank DocuSign Envelope U 4C7DED49-418A-4101-8B22-79C981 D498CB APPENDIX C 101AMI BEACH Insurance Requirements 2022-005-ND FIRE AND POLICE FALSE ALARM BILLING SYSTEM PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope U 4C7DED49-418A-4101-81322-79C981D498CB MIAMI BEACH INSURANCE REQUIREMENTS The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of a material element of the contract failure to the contract. The maintenance of proper sreated as a material breach the contract which could result in withholding maintain or renew coverage may be of payments or termination of the contract. A. 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 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 4668 — ECM #35050 New York, NY 10163-4668 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach6d�riskworks.com Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C9B1D498CB 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. Balance of Page Intentionally Left Blank DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB APPENDIX D MIAMI BEACH False Alarm Ordinance 2022-005-N D FIRE AND POLICE FALSE ALARM BILLING SYSTEM PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3,d Floor Miami Beach, Florida 33139 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB Subpart A - GENERAL ORDINANCES Chapter 42 EMERGENCY SERVICES Chapter 42 EMERGENCY SERVICES' ARTICLE II. ALARM SYSTEMS2 DIVISION 3. BURGLAR ALARMS Sec. 42-81. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alarm user means the person who owns, possesses, controls, occupies or manages any premises as defined in this section. False intrusion alarm system means a signal from an intrusion alarm system that elicits a response by the police when no emergency or actual or threatened criminal activity requiring immediate response exists. This definition includes signals activated by negligence, accident, mechanical failure and electrical failure; signals activated intentionally in nonemergency situations; and signals for which the actual cause of activation is unknown. It is a rebuttable presumption that an intrusion alarm is false if the responding police officer does not discover any evidence of unauthorized entry, criminal activity or other emergency after following normal police procedures in investigating the incident. An alarm is not false if the alarm user proves that: (1) An individual activated the alarm based upon a reasonable belief that an emergency or actual or threatened criminal activity requiring immediate response existed; or (2) The alarm system was activated by lightning, thunderstorms, severe weather conditions or an electrical surge that caused physical damage to the system, as evidenced by testimony of a licensed alarm system contractor who conducted an on -site inspection and personally observed the damage to the system. Intrusion alarm system means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an illegal entry or other activity requiring urgent attention and to which the police department may reasonably be expected to respond, but does not include fire alarms or alarms installed in motor vehicles. If a fire alarm system is connected to an intrusion alarm system, this section shall not apply to false alarms that the alarm user proves were generated by the fire alarm portion of the system. Premises means the building or structure or portion thereof upon which an intrusion alarm system is installed or maintained. (Ord. No. 97-3078, § 2(25-39.1(2)), 4-2-97) Cross reference(s)—Definitions generally, § 1-2. 'Cross reference(s)—Administration, ch. 2; businesses, ch. 18; civil emergencies, ch. 26; fire prevention and protection, ch. 50. 2Cross reference(s)—Building regulations, ch. 14. Miami Beach, Florida, Code of Ordinances (Supp. No. 83) Page 1 of 6 Created: 2021-09-24 08:50:12 [EST] DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB Sec. 42-82. Purpose of division. The purpose of this division is to place the responsibility on the alarm user to prevent, by use of appropriate mechanical, electrical or other means, false burglary and robbery alarms. (Ord. No. 97-3078, § 2(25-39.1(1)), 4-2-97) Sec. 42-83. Enforcement of division. This division shall be enforced by the police department of the city. (Ord. No. 97-3078, § 2(25-39.1(12)), 4-2-97) Sec. 42-84. Alarm registration and permit renewal. (a) Permits shall be renewed annually during the month of January. The fee for renewal will be as set forth in appendix A of this Code. Failure to pay the permit renewal fee shall result in the termination of police response to intrusion alarms. The renewal fee will be waived for all alarm users who have had no false intrusion alarms during the past 12 months. (b) Before police response to any alarm is terminated under this section, the police department will notify the alarm user and the alarm monitoring company by certified mail, return receipt requested. The notification will inform the alarm user and the alarm monitoring company that the alarm is being operated in violation of this section and that police response to alarms will be terminated in 30 days unless the alarm is registered and the renewal fee is paid. The alarm company that installs an alarm system, or the user of an alarm system not installed by a company, shall file the following information with the city police department false alarm section within 48 hours of such installation, excluding weekends and holidays. For alarms existing before October 8, 1997, alarm users must, within 60 days of October 8, 1997, file a completed alarm registration/permit form with the police department, providing the following information: (1) The names of individuals able and authorized to enter the premises and deactivate the alarm. (2) Emergency telephone numbers by which those individuals can be reached at all times. (3) The name and telephone number of the alarm company that is monitoring the alarm system, if applicable. (4) The name and telephone number of the alarm company that installed the system, if different from the monitoring entity. (5) The name and address of the alarm user. The alarm company or, where there is no alarm company, the user must make certain that the information filed with the police department is current. Failure to update this information within five working days of any change, excluding weekends and holidays, constitutes a violation of this section. (6) Whether the alarm is equipped with a backup power supply that will automatically be activated in the event of a power failure. (7) Whether the alarm is equipped with a device that automatically silences the alarm within 15 minutes after activation. (Ord. No. 97-3078, § 2(25-39.1(3)), 4-2-97; Ord. No. 97-3098, § 1, 10-8-97) (Supp. No. 83) Page 2 of 6 Created: 2021-09-24 08:50:12 [EST] DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C9B1D498CB Sec. 42-85. Required equipment in an intrusion alarm. An intrusion alarm user shall not use an intrusion alarm system unless that intrusion alarm system is equipped with: (1) A backup power supply that will automatically be activated in the event of power failure or outage; and (2) A device that automatically silences the alarm within 15 minutes after activation. Within 18 months from April 12, 1997, alarm users shall be responsible to ensure that all existing intrusion alarm systems are brought into compliance with subsections (1) and (2) of this section. Intrusion alarms installed after April 2, 1997, shall comply with the requirements of subsections (1) and (2) of this section before they can be activated in the city. (Ord. No. 97-3078, § 2(25-39.1(4)), 4-2-97) Sec. 42-86. False alarms. No alarm user shall cause, allow or permit the intrusion alarm system to give four or more false intrusion alarms in any registered period. (Ord. No. 97-3078, § 2(25-39.1(6)), 4-2-97; Ord. No. 2014-3830, § 1, 1-15-14) Sec. 42-87. Cancelling false intrusion alarm calls. Alarm monitoring companies shall in all cases attempt to verify that any activated alarm is not false. They shall, within ten minutes of the alarm activation, notify the city police department to cancel a police response to alarm calls that they have determined false as defined in section 42-81. The police department will cancel the police response only under the following conditions: (1) The police department received notification prior to the officer's arrival at the alarm location. (2) The alarm is not a panic alarm. (Ord. No. 97-3078, § 2(25-39.1(5)), 4-2-97) Sec. 42-88. Limitation to police response. (a) Police are not required to respond to: (1) Intrusion alarms at locations where seven or more substantial false alarms occurred in a dynamic 12- month period unless the provisions of section 42-91 are complied with. (2) Intrusion alarms at locations where an intrusion alarm fine was not paid within 60 days of a notice of violation unless the provisions of section 42-91 are complied with. (3) Locations where required alarm registration information was not filed within 60 days of a notice of violation for failure to file alarm information. (b) Nothing in this section shall: (1) Preclude the police department from responding to panic or ambush alarm signals, calls describing emergencies or crimes in progress or routine calls for service. (2) Limit the police department from issuing a notice of violation for alarms in violation of this division. (Supp. No. 83) Page 3 of 6 Created: 2021-89-24 08:50:12 [EST] DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB (3) Be construed to create a duty to respond in any circumstances where such a duty does not exist pursuant to the statutory or common law of the state. (c) A notice that police response will be discontinued, for any of the reasons set forth in this section, will accompany a notice of violation and will be posted at the affected location, or be sent to the user by certified mail, return receipt requested, at least 30 days prior to discontinuing service. (d) Police response will continue while an appeal is pending under section 42-91. (e) In order to restore police response to burglar alarms at terminated locations, the alarm user: (1) When police response had been discontinued pursuant to subsection (a)(1) of this section, must submit a letter or written report from a licensed alarm company certifying that the alarm system is working properly, and pay all outstanding fines pursuant to this division. (2) When police response had been discontinued pursuant to subsection (a)(2) of this section, must pay all outstanding fines pursuant to this division. (3) When police response has been discontinued pursuant to subsection (a)(3) of this section, must submit completed alarm registration information to the police department and pay all outstanding fines pursuant to this division. (Ord. No. 97-3078, § 2(25-39.1(11)), 4-2-97) Sec. 42-89. Enforcement. The Miami Beach Police Department shall enforce the provisions of this section. This shall not preclude other law enforcement agencies or regulatory bodies from any action to assure compliance with this section, and all applicable laws. If an enforcing officer finds a violation of this section, the officer may issue a notice of violation to the violator. The notice of violation must inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paying the fine, notice that the violation may be appealed by requesting an administrative hearing within ten days after service of the notice of violation, and that failure to appeal the violation within the ten days, shall constitute an admission of the violation and a waiver of the right to a hearing. (Ord. No. 97-3078, § 2(25-39.1(10)), 4-2-97; Ord. No. 2014-3830, § 1, 1-15-14) Sec. 42-90. Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal. (1) A violator who has been served with a notice of violation must elect to either: a. Pay the civil fine in the manner indicated on the notice of violation; or b. Request an administrative hearing before a special master to appeal the notice of violation, which must be requested within ten days of the issuance of the notice of violation. (2) The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 30-72 and 30-73. (3) If the named violator, after issuance of the notice of violation, fails to pay the civil fine, or fails to timely request an administrative hearing before a special master, the special master may be informed of such failure by report from the officer. Failure of the named violator to appeal the decision of the officer within the prescribed time period must constitute a waiver of the violator's right to an administrative hearing (Supp. No. 83) Page 4 of 6 Created: 2021-09-24 08:50:12 [EST] DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB before the special master, and must be treated as an admission of the violation, which fines and penalties to be assessed accordingly. (4) A certified copy of an order imposing a fine may be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the violator, which may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two months from the recording of any such lien that remains unpaid, the city may foreclose or otherwise execute upon the lien. (5) Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. (6) The special master shall be prohibited from hearing the merits of the notice of violation or the consideration of the timeliness of a request for an administrative hearing, if the violator has failed to request the administrative hearing within ten days of the issuance of the notice of violation. (7) The special master shall not have discretion to alter the penalties prescribed in sections 42-91 and 42-92. (Ord. No. 2014-3830, § 1, 1-15-14) Editor's note(s)—Ord. No. 2014-3830, adopted Jan. 15, 2014, amended § 42-90 in its entirety to read as herein set out. Former § 42-90 pertained to the initial review upon notification, and derived from Ord. No. 97-3078, adopted Apr. 2, 1997. Sec. 42-91. Penalties. (a) Civil fine for violators. The following civil fines must be imposed for a violation of section 42-86 for those violations incurred for a false intrusion alarm: (1) For the fourth false burglar alarm in the user's registration period, by a fine of $50.00. (2) For the fifth false burglar alarm in the user's registration period, by a fine of $100.00. (3) For the sixth and each additional false burglar alarm in the user's registration period, by a fine of $200.00. (4) For each violation of section 42-87, the alarm monitoring company shall be fined $100.00. (b) An alarm user shall not be fined more than $200.00 for false alarms that occur at the same premises in any 24-hour period. (c) No penalty specified hereunder shall be imposed or assessed against any entity that qualifies as tax exempt under the provisions of Section 501(c)(3) of the Internal Revenue Code provided that the premises are used exclusively by said entity for such tax exempt purposes. (Ord. No. 2014-3830, § 1, 1-15-14) Editor's note(s)—Ord. No. 2014-3830, adopted Jan. 15, 2014, amended § 42-91 in its entirety to read as herein set out. Former § 42-91 pertained to the appeal of false alarm designation, and derived from Ord. No. 97-3078, adopted Apr. 2, 1997; and Ord. No. 2010-3696, adopted Sept. 20, 2010. Sec. 42-92. Security camera voluntary registration program. (a) Registry. The city is hereby establishing a voluntary security or surveillance camera registry, and encourages private property owners (commercial and residential) to point at least one security or surveillance camera, (Supp. No. 83) Page 5 of 6 Created: 2021-09-24 08:50:12 [EST] DocuSign Envelope ID: 4CMED49-418A-4101-8622-79C9B1D498CB which is directly located upon their property, toward the city's right-of-way and register the location of that security or surveillance camera with the city. (b) Incentives. Private property owners that voluntarily register their private security or surveillance cameras with the city, which are currently installed upon the property or that will be installed upon the property and registered with the city, will receive the following incentives: (1) Waiver of those permit fee(s) and expedited permit approval process for the installation of a new alarm system that includes security or surveillance cameras, or the upgrade of a current alarm system that will include the installation of new or additional cameras; and (2) Waiver of those permit fee(s) and expedited permit approval process for the installation of any new security or surveillance camera system (without an alarm system), or the upgrade of an existing security and surveillance system that will include the installation of new or additional security or surveillance cameras; and (3) Private property owners who register, or install and register their security or surveillance cameras, and who point at least one security or surveillance camera toward the city's right-of-way, will be permitted three false alarms waivers for every calendar year. (Ord. No. 2017-4099, § 1, 5-17-17) (Supp. No. 83) Page 6 of 6 Created: 2021-09-24 08:50:12 [EST] DocuSign Envelope ID: 4C7DED49-418A-4101-8622-79C961D498CB Subpart A - GENERAL ORDINANCES Chapter 50 FIRE PREVENTION AND PROTECTION Chapter 50 FIRE PREVENTION AND PROTECTION Sec. 50-15. Fire alarms, regulations, penalties, enforcement. (a) Purpose of regulation. The purpose of this section is to place responsibility on the alarm user to prevent, by use of appropriate mechanical, electrical, or other means, false fire alarms. (b) Scope of regulations. The provisions of this section shall apply throughout the geographical area serviced [by] the Miami Beach Fire Department. (c) Definitions. (1) Alarm user means the person or other entity that owns, possesses, controls, occupies or manages any premises as defined below. (2) False fire alarm means a signal from a fire alarm system that elicits a response by the Fire Department when no actual or threatened fire -related emergency exists. This definition includes signals activated by negligence, Accident, mechanical failure, and electrical failure signals activated intentionally in non - emergency situations; and signals for which the actual cause of activation is unknown. It is a rebuttable presumption that a fire alarm is false if personnel responding from the Fire Department do not discover any evidence of fire or other emergency after following normal Fire Department operating procedures in investigating the incident. An alarm is not false if the alarm user provides evidence that (1) an individual activated the alarm based upon a reasonable belief that a fire -related emergency existed; (2) the alarm system was activated by lightning or an electrical surge that caused physical damage to the system, as evidenced by the testimony of a licensed alarm system contractor who conducted an on -site inspection and personally observed the damage to the system; or (3) the alarm was activated by vandals. (3) Fire alarm system means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of fire -related emergency, requiring urgent attention and to which Fire Department personnel may reasonably be expected to respond, but does not include household fire alarm systems installed in one- or two-family dwellings. (4) Household fire alarm system means a system of devices that is listed for residential use and installed in a one- or two-family dwelling other than facilities that are required to be licensed. (5) Premises means the building or structure, or portion of a building or structure, upon which a fire alarm system is installed or maintained. (6) Vandals means a person or persons who willfully cause damage to the fire alarm system which results in the activation of a fire alarm. (d) Fire alarms; posting requirements. A fire alarm user shall conspicuously post at the main entrance to the alarm user's premises a notice stating (1) the name of an individual or alarm company able and authorized to enter the premises and deactivate the alarm; (2) emergency telephone numbers by which those individuals can be reached at all times; and (3) the name and address of the alarm user. The information must be kept current and failure to update this information within 48 hours of any change constitutes a violation of this section. (e) False fire alarms prohibited. No fire alarm user shall cause, allow, permit or suffer the fire alarm system to emit three or more false alarms in any calendar year. Miami Beach, Florida, Code of Ordinances (Supp. No. 82) Page 1 of 2 Created: 2021-09-01 12:58:00 [EST] DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB (f) Inspection requirements/post activation. After the second and each additional false fire alarm in one calendar year, the alarm user shall, within 30 days, after the second or subsequent fire alarm activation, file a written inspection and test report with the Fire Department from a licensed fire alarm contractor stating that the fire alarm system has been inspected and tested since the last false fire alarm. The report shall set forth the probable cause of the activation, description of any repairs, modifications made or actions taken to prevent additional false alarm activations. The inspection and test report shall also state that the system is currently fully functional without deficiencies. (g) Penalties. A violator of this section shall receive a fine(s) as follows: (1) For the first false alarm within a calendar year: A notice of violation with no fine. (2) For the second false alarm within a calendar year: A notice of violation with no fine. (3) For the third and fourth false alarm within a calendar year: A citation with a fine of $250.00. (4) For the fifth false alarm and subsequent false alarms including the twelfth false alarm within a calendar year: A citation with a fine of $500.00. (5) For the thirteenth and subsequent false alarms within a calendar year: A citation with a fine of $1,000.00. (h) Enforcement. The fire inspector shall issue a citation for each false alarm. A violator who has been issued a citation under this section shall elect either to: (1) Pay the civil fine in the manner indicated on the citation; or (2) Request an administrative hearing before a special master to appeal the decision of the fire inspector which resulted in the issuance of the citation. (i) Appeal of a citation. The violator may appeal the citation by requesting an administrative hearing within ten days from the date of issuance. The procedures for appeal of the citation shall be as set forth in Chapter 30, as may be amended from time to time. (j) Failure to appeal. Failure of the named violator to appeal the citation within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing before the special master. A waiver of the right to an administrative hearing shall be treated as an admission of the citation, and fines are owed to the City. Unpaid fines may result in the imposition of larger fines and/or further enforcement as set forth in this Chapter. (k) Appeal of special master's decision. Any party aggrieved by the decision of a special master may appeal that decision as provided by applicable Florida Statutes and Florida Rules of Appellate Procedure. (1) Imposition of civil fines. The City may institute proceedings in a court of competent jurisdiction to compel payment of civil fines. A certified copy of an order imposing a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any other real or personal property owned by the violator, and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two months from the filing of any such lien which remains unpaid, the City may institute proceedings to foreclose or otherwise execute on the lien. (Ord. No. 2015-3980, § 3, 12-9-15, eff. 4-1-16) (Supp. No. 82) Page 2 of 2 gyred-. n DIVISION OF CORPORATIONS DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB .DI'lmof rg �� , I to,�� Js t uu uffirini ;wIr of Florida mobiilr Department of State / Division of Corpgrations / Search Records I Search y FEI/EIN Number / Detail by FEI/EIN Number Foreign Profit Corporation PMAM-ATB CORPORATION Cross Reference Na-me PMAM CORPORATION Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed F14000002834 75-2804067 07/02/2014 TX ACTIVE REINSTATEMENT 12/03/2021 Principal Address 5430 LBJ FREEWAY STE 370 DALLAS, TX 75240 Changed: 12/03/2021 Mailing Address 5430 LBJ FREEWAY STE 370 DALLAS, TX 75240 Changed: 12/03/2021 Registered Agent Name & Address RFC-,I.TFRF-n Ar.FNIT Snl 1 ITinKjS, INC DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 155 OFFICE PLAZA RD SIE- A TALLAHASSEE, FL 32301 Name Changed: 12/03/2021 Officer/Director Detail Name & Address Title PD KUMAR, MAHIMA 5430 LBJ FREEWAY STE 370 DALLAS, TX 75240 Title S KUMAR, PANKAJ 5430 LBJ FREEWAY STE 370 DALLAS, TX 75240 Annual Reports Report Year Filed Date 2019 02/11 /2019 2020 01 /14/2020 2021 12/03/2021 Document Images 12/03/2021 -- REINSTATEMENT 01/14/2020 -- ANNUAL REPORT 02/11/2019 ANNUAL REPORT 01/16/2018 --ANNUAL REPORT 01/10/2017 -- ANNUAL REPORT 04/01/2016 -- ANNUAL REPORT 04/07/2015 -- ANNUAL REPORT 07/02/2014 -- Foreign Profit View image in PDF forma View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB Florida Department of State, Division of Corporations DocuSign Envelope ID: 4C7DED49418A-4101-8B22-79C9B1D498CB BID SUBMITTAL QUESTIONNAIRE StG 1 IUN 1 - blu VLRTIFICATION FORM This document is a REQUIRED FORM that must be submitted fully completed and submittE Solicitation No: Solicitation Title: 2022-005-ND I Fire and Police False Alarm Billing System BIDDER'S NAME. PM AM Corporation NO. OF YEARS IN BUSINESS 21 NO. OF YEARS IN BUSINESS LOCALLY. 17 OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS-. NIA BIDDER PRIMARY ADDRESS (HEADQUARTERS). 5430 LBJ Freeway Suite 370 CITY: Dallas STATE: Texas ZIP CODE: 75240 TELEPHONE NO 19728317404 TO[ L FREE NO. FAX NO BIDDER LOCAL ADDRESS. 5430 LBJ Freeway Suite 370 CITY- Dallas STATE: Texas ZIP CODE. 75240 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT. Dave Moss ACCOUNT REP TELEPHONE NO. 9728317404 ACCOUNT REP TOLL FREE NO. ACCOUNT REP EMAIL. davem@pmam.com FEDERAL TAX IDENTIFICATION NO, 75-2804067 By virtue of suhmittina a hid_ hidder anrees- a) to complete and unconditional acceptance of the terms and conditions of this dOCI DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C9B1D498CB SPt:: IIIGdIIUII,, dlldGIIIIIUIIIJ, CRIIIUIIJ d11U dF PWIU0..CJ GIIU LIM contents of any Addenda released hereto; b) to be bound, at a minimum, t conditions contained herein or Addenda; c) that the bidder has not divulged, discussed, or compared the proposal with other bidders and or party to any other bid; d) that bidder acknowledges that all information contained herein is part of the public domain as defined by thl Records Laws; e) the bidder agrees if this bid is accepted, to execute an appropriate City of Miami Beach document for the purpoE relationship between the bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the bid pertair information contained in the bid submittal are true and accurate. The individual named below affirms that s/he: is a principal of the applicant duly authorized to execute this questionnaire, and that complete, true, and correct to the best of his/her knowledge and belief. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Dave Moss Representative: Vice President DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB .)riri juov L - wLr.iVUVVL .uvL+VitNT OF ADDENDUM After issuance of solicitation, the City may release one or more addendum to the solicitation, which may provide or alter solicitation requirements. The City will strive to reach every bidder having received solicitation through 9 However, bidders are solely responsible for assuring they have received any and all addendum issued Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial to Confirm Receipt Enter Initial to Confirm Receipt Enter Initial to Confirm Receipt DM Addendum 1 DM Addendum 6 Addendum 1 DM Addendum 2 DM Addendum 7 Addendum 1 Addendum 3 Addendum 8 Addendum 1 Addendum 4 Addendum 9 Addendum 1 Addendum 5 Addendum 10 Addendum 1 If additional confirmation of addendum is required, submit under separate cover. SECTION 3 - CONFLICT OF INTEREST All bidders must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parer an employee of the City of Miami Beach. Further, all bidders must disclose the name of any City employee who c an interest of ten (10%) percent or more in the bidder entity or any of its affiliates. If yes, please disclose the nar YES NO -c'i7r-rir)N 4 - FINtkimriA! CAPACITY When requested by the City, each bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification R No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cos shall be the responsibility of the bidder. The bidder shall request the SQR report from D&B at: httpa.//supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Bidders are resnonsible for the accuracv of the information contained in its SQR. It is highly recommend( DocuSign Envelope ID' 4C7DED49-418A-4101-8B22-79C9B1D498CB irIIOJIIIICLIWII 4.VIILCIIIWU III IW %a%4F% IWI 0%-%.UI0%.y prior to submittal to the City and as early as possible it assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. At time of request, bidder shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the days of request. SECTION 5 - MORATORIUM ON TRAVEL TO AND THE PURCHASE OF GOODS OR SERVICES FR Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the stat( purchase of goods or services sourced in Mississippi. Bidder shall agree that no travel shall occur on behal- Mississippi, nor shall any product or services it provides to the City be sourced from this state. By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Resolution 2016-29375 https://www.miamibeachfl.gov/wp-content/uploads/2017/11/2016-29375-Resolution-Vendor-Moratorium-for-Servic( Carolina -Mississippi 1.pdf- DocuSign Envelope ID. 4CMED49-418A-4101-81322-79C961D498CB SECTION 6 - REFERENCES AND PAST PERFORMANCE Project No. 2022-005-ND Project Title Fire and Police False Alarm Billing System Bidder shall submit at least three (3) references for whom the bidder has completed work similar in size and n solicitation. Reference No.1 Firm Name: Houston, Texas Contact Individual Name and Title: Kathryn Bruning, Asst. Diretor Address: Houston Texas Telephone: 8323949414 Contact's Email: Kathryn.bruning@houstontx.gov Narrative on Scope of Services Provided: City's False Alarm Program Reference No.2 Firm Name: Jacksonville, Florida Contact Individual Name and Title: Chief William Clement Address: Jacksonville, Florida Telephone: 9046302105 Contact's Email: William.Clement@jaxsheriff.org Narrative on Scope of Services Provided: City's False Alarm Program Reference No.3 Contact Individual Name and Title: Kimberly Keene Address: Irvina. Texas DocuSign Envelope ID 4CMED49-418A-4101-81322-79C9B1D498CB Telephone: 9727212559 Contact's Email: Kkeene@cityofirving.org Narrative on Scope of Services Provided: City's False Alarm Program DocuSign Envelope ID. 4CMED49-418A-4101-8B22-79C981D498CB AY4M16011 U f%W1010114-c Firm Name: St. Petersburg, Florida Contact Individual Name and Title: David Dickerson Address: St. Petersburg, Florida Telephone: 7278937198 Contact's Email: David.dickerson@stpete.org Narrative on Scope of Services Provided: City's False Alarm Program SECTION 7 - STANDARD TERMS AND CONDITIONS The Standard Terms and Conditions are available at https://www.miamibeachfl.aov/city-hall/Drocurement/standard-t( submitting a bid, bidder attests that they have read and understand the applicable Standard Terms and Conditions Project No. 2022-005-ND Project Title Fire and Police False Alarm Billing System SECTION 8 - VENDOR CAMPAIGN CONTRIBUTIONS Bidders are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sec City Code https://Iibrary.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGEOR CH2AD F Bidders shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Refi shall be subject to any and all sanctions, as prescribed therein, including disqualification of their bid submi compliance. Are there any individuals or entities (including your sub -consultants) with a controlling financial interest which h� either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the 0 YES NO If yes, list name (first and last name) of inolvlouals, occupation, amount anu sate: _ NA any LdA Ndal, iu<<tr��u:Va ��. U�,��.vt, moun+ 1 2 3 4 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB btL 11UN to — buSPENSION, DEBARMENT, OR CONTRACT CANCELLATION Has bidder ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-perforn agency? YES p� NO If answer to above is "YES," bidder shall submit a statement detailing the reasons that led to action(s): SECTION 10 - EQUAL BENEFITS FUK LIrvIPLUYEES WITH SPOUSES AND EMPLOYEES WITH DOMESTIC PARTNERS When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time en or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractc Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the Ci Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly perforrr City of Miami Beach. Does bidder provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO Does bidder provide or offer access to any benefits to employees with (same or opposite sex) domestic partners or to domeE YES NO Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are domestic partner, such as medical insurance. BENEFIT Bidder Provides for Employees with Spouses Bidder Provides for Employees with Domestic Partners Bidder does not Provide Benefit Health X X Sick Leave X X Family Medical Leave X X Bereavement Leave X X If Bidders cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insuran offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you rr and submit a completed Reasonable Measures Application with all necessary documentation. Your Reasonable Measur( DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB SECTION 11- BYRD ANTI -LOBBYING AMENDMENT CERTIFICATION FORM APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned Contractor certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influe officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of ar extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreemer 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or ati employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congl contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclo accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subaward! subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclos This certification is a material representation of fact upon which reliance was placed when this transaction was made c certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not failure. The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, ii By virtue of submitting bid, bidder certifies or affirms its compliance with the Byrd Anti -Lobbying Amendment Certification Name of Bidder's Authorized Representative: Title of Bidder's Authorized Dave Moss Representative: Vice President DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB SECTION 12 -SUSPENSION AND DEBARMENT CERTIFICATION The Contractor acknowledges that: (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined (defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a r regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor c subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursu not limited to suspension and/or debarment. (4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C whi the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requirint covered transactions" By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Dave Moss Representative: Vice President SECTION 13 - SMALL AND DISADVANTAGED BUSINESS CERTIFICATION Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged Businesses, as certified by Miami -Dade Small or Disadvantaged Business by Miami -Dade County. Does bidder possess Small or Disadvantaged Business certification by Miami -Dade County? YES p� NO SECTION 14 - LGBT BUSINESS ENTERPRISE CERTIFICATION" Pursuant to Resolution 2020-31342, the City is tracking the utilization of LGBT owned firms that have been certified as a National Gay and Lesbian Chamber of Commerce (NGLCC). Does bidder possess LGBT Business Enterprise Certification by the NGLCC? YES p� NO DocuSign Envelope ID4CMED49-418A-4101-8622-79C9B1D498CB SECTION 15 — CONE OF SILENCE Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendat Commission by the City Manager are under the "Cone of Silence." The Cone of SHE at https://Iibrarv.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGEOR CH2AD ARTVIISTCO DIV4F Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited wit with the Procurement Director, or his/her administrative staff responsible for administering the procurement process communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov . Vendor attests that they have read, understand, and are in compliance with the Cone of Silence Ordinance, pursuant to Secti YES NO DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498C6 SECTION 16 - rODE OF all !S!R�Fcc cTUIrS Pursuant to City Resolution No.2000-37879, the Bidder shall adopt a Code of Business Ethics ("Code") and submit that Cod its response or within three (3) days upon receipt of request. The Code shall, at a minimum, require the Bidder, to compl rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Bea Bidder shall submit firm's Code of Business Ethics within three (3) of request by the City. In lieu of submitting Code of BusinE it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at hall procurement/procurement-related-ordinance-and-procedures/ Bidder adopts the City of Miami Beach Code of Business Ethics? YES � NO Bidder will submit firm's Code of Business Ethics within three (3) days of request by the City? L J YES 0 NO SECTION 17 — DRUG FREE WORKPLACE CERTIFICATION The Drug Free Workplace Certification is available at: https://www.miamibeachfl.gov/wp-content/uploads/2019/04/DRUG-FREE-WORKPLACE-CERTIFICATION.pdf By virtue of submitting bid, bidder certifies or affirms it has adopted policies, practices and standards consistent wilt Certification. SECTION 18 —LOBBYIST REr',TRATION REQUIREMENTS This solicitation is subject to, and all bidders are expected to be or become familiar with, all City lobbyist laws. Bidders shal that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, w their responses, in the event of such non-compliance. By virtue of submitting bid, bidder certifies or affirms that they have read and understand the above Lobbyist Registration Re SECTION 19 — NON-DISCRIMINATION The Non -Discrimination ordinance is available at: https://Iibrarv.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Bea SEC I1UN lU — IrAii{ LHANCE REQUIREMEN1 The Fair Chance Ordinance No. 2016-4012 is available at: https: librar..municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGEOR CH62HURE ARTVFACHOR DocuSign Envelope ID: 4CMED49-418A-4101-8622-79C961D498CB By vuLuc ui bUUMIuniy Uw, uiuuci ccIuiies L11dl IL iids dUUpted policies, practices and standards consistent with the City's Fail to provide the City with supporting documentation evidencing its compliance upon request. Bidder further agrees that any t herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of damages that may be available at law and in equity. SECTION 21— PUBLIC ENTITY CRiivitb Please refer to Section 287.133(2)(a), Florida Statutes, available at: https://www.flsenate.gov/Laws/Statutes/"2012/`287.133 By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has nc list. DocuSign Envelope ID. 4C7DED49-418A-4101-8B22-79C9B1D498CB L I IUN << — VFTERAN BUr-+NESS ENTERPRISES PREFERENCE Pursuant to City of Miami Beach Ordinance No. 2011-3748, https://Iibrarv.municode.com/fl/miami nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2-374PRPRPRVECOGOCOSE the City shall give a preference to a responsiv( small business concern owned and controlled by a veteran(s) or which is a service -disabled veteran business enterprise, and the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for 1 Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small busines a veteran(s) or a service -disabled veteran business enterprise constitute the lowest bid pursuant to an ITB, RFP, RFQ, quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the ai disabled veteran business enterprise. Is the bidder a service -disabled veteran business enterprise certified by the State of Florida? YES NO Is the bidder a service -disabled veteran business enterprise certified by the United States Federal Government? YES NO DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB CONFIDENTIALITY NOTICE Please be advised that the following proposal to provide the requested services on behalf of the Miami Beach contains certain proprietary and confidential information of PM AM Corporation that is being provided in confidence for the sole purpose of permitting the Miami Beach and its authorized employees, counsel, and representatives to consider and evaluate our proposal in order to determine whether such proposal is acceptable to the City. If the Miami Beach receives a request from a third party under the applicable open records act, freedom of information act, or comparable statute or ordinance requesting a copy of our proposal, we respectfully request that the City refrain from making such disclosure and promptly notify Pankaj Kumar, the Chief Executive Officer of PM AM Corporation, at pankajk@pmam.com of such request so that we may timely file an appropriate response to such disclosure with the appropriate authority so that such authority may decide whether our proposal or parts thereof, redacted or otherwise, should be disclosed to the requesting party. In this regard, please note that PM AM was able to recently obtain two opinions from a State's Attorney General that the disclosure of certain proprietary information of PM AM, similar to the proprietary information of PM AM set forth in the following Proposal, was exempt from disclosure, based on the facts of those cases, under Section 552.104(a) of the Florida Government Code because the disclosure of such information would give advantage to a competitor of PM AM. Thank you for your consideration of our proposal. © 2017. PM AM. All rights reserved. Pages 1 to 67 Trade Secret- Proprietary Information (Not for disclosure) DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB TAB 1 COVER LETTER & MINIMUM QUALIFICATIONS REQUIREMENTS 1.1 Cover Letter and Contents December 101h, 2021 City of Miami Beach, Florida Attn: Natalia Delgado RE: Bid 2022-005-ND For: Fire and Police False Alarm Billing System Ms. Delgado, With distinct pleasure, PM AM Corporation submits its response to the City of Miami Beach's Request for Proposal For False Alarm Billing and Tracking Services. We have been managing City alarm ordinances through our False Alarm Management Solution (FAMSTM) across the country since 2004 and have been the vendor of choice for the City of Miami Beach since 2017. PM AM is pleased to provide the City of Miami Beach detailed information about our current footprint, our technology and the "Best Practices" we capture from our customers to make your alarm program a success. PM AM offers the most comprehensive and unique solution for alarm administration and collection services. Being the established leader in this industry PM AM has helped Miami Beach achieve the following even though permit fees ere removed from the City's Ordinance in 2019: 1. False alarms were reduced from 3,011 in 2019 to 2,447 in 2021. 2. Total revenue realized by the City's alarm program from 2019 through 2021 was $426, 919. 3. The use of a robust and accessible service framework thru the citizen website and phone apps, for the City and its citizens DocuSign Envelope ID: 4C7DED49-418A-4101-61322-79C9B1D498CB 4. The ability to leverage new technology and processes made available to the City at no additional charge for the life of the program PM AM consistently accomplishes these 4 goals as we remain committed to continuous innovation; ours is a journey that started with a 100% cloud alarm management solution in 2004 leading to our latest launch of mobile apps (FAMS-ALARM) and Artificial Intelligence based algorithms. Our history and intent are to keep investing significant dollars on a continuous basis for the benefit of our existing clients and to also offer a unique solution that sets PM AM apart in the industry. In this proposal, we describe in detail PM AM's proprietary, 100% Cloud, solution, best practices, and carefully thought-out approach for enabling the Miami Beach to reach its alarm program goals. Also, as technology evolves, we will implement new solutions that PM AM is positioned to deliver like the texting engine integration into FAMST' which will continue to deliver better performance to the City's citizens and enhance the engagement of alarm violators. PM AM serves a current universe of over 500 municipal and City jurisdictions and has assisted cities and counties with more than 100 alarm ordinances, drafts, revisions, updates, and alarm policy changes. We are proud to represent that PM AM is the leading provider of managed alarm tracking and billing services in the nation. Our national client portfolio includes jurisdictions of all sizes including cities such as Houston TX, Pembroke Pines, FL, St. Johns County, FL and Jacksonville, FL. This proposal will remain valid for 90 calendar days from December 101h, 2021. We look forward to continuing to build a mutually rewarding partnership. Sincerely, David Moss Vice President — Sales PM AM Corporation 15430 LBJ Fwy, Suite 370, Dallas, TX, 75240 1 www.pmam-copsource.com Phone: 972-831-7404 1 Email: davem@pmam.com DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 1.2 MINIMUM QUALIFICATIONS REQUIREMENTS Al. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Bidder shall submit the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements shall be deemed non -responsive and shall not have its bid considered. 1. Bidder (defined as the Proposing Firm) and/or its principal must have successfully installed a minimum of three (3) internet based false alarm billing systems for municipalities in size of no less than 50,000 residents within the last three (3) years. Required Submittals: Submit proof, including name of municipality, municipality representative, representative contact information (phone and email), start and completion dates of service, and number of residents in municipality. Identify whether the experience is for the firm or for a principal (include name of principal). Minimum Qualif cat ons Requirements Municipality Irving, Texas Chandler, A izo B ytow T x s Municipality Re rese ve K mb ly K C Sp z A g J ck Phone 972-721-2559 408-782-4 4 281-420-669 Email Kkeene@cityof ry g. Ca Ie.Spe anza@ handle az. An ela.Ja ks n@ba wn. St rt D Au u , 2019 O 20 0 Au us 2020 C mp D e Au us 2020 M 2021 F 2021 Nu b of Res d 23 3 25 6 76 635 F /P c PM A P A P A DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB TABLE OF CONTENTS Confidentiality Notice............................................................................................. 1 Tab 1 Cover Letter & minimum Qualifications Requirements .............................................. 2 1.1 Cover Letter and Contents.......................................................................................................................... 2 1.2 MINIMUM QUALIFICATIONS REQUIREMENTS......................................................................................4 TAB 2 Experience & Qualifications ................................. Error! Bookmark not defined. 2.1 Qualifications of Proposing Firm .................................................. Error! Bookmark not defined. 2.2 Qualifications of Proposer Team .................................................. Error! Bookmark not defined. Tab 3 Scope of Services Proposed .................................. Error! Bookmark not defined. Tab 4 Project Methodology ......................................... Error! Bookmark not defined. Tab 5 Revenue Proposal .............................................. Error! Bookmark not defined. APPENDIX B REVENUE PROPOSAL FORM.................................................................. Error! Bookmark not defined. Contract Statements.............................................................................. Error! Bookmark not defined. PM AM Response to: Miami Beach, FL - Confidential I Vendor Sensitive (Not for Public Disclosure) DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C981D498CB TAB 2 EXPERIENCE & QUALIFICATIONS 2.1 Qualifications of Proposing Firm PM AM Corporation (C-Corp) is a privately -owned minority and woman -owned enterprise incorporated in 1999 in the State of Florida. Company headquarters are located in Dallas, TX with additional offices in Houston, TX. All FAMS services are provided from these two centers located in United States. PM AM has been providing alarm management services since 2004 and the AICPA DSS SOC CMMI M A, Microsoft Partner IMq—dM Soft—,V.Mo OSV; PM AM'S TECHNOLOGICAL ADVANCEMENTS 2004 100% Web -based 2 2008 Integrated Document Printing N 2013 Business/Franchise Chain Engagement 2015 Scan To Pay R 2005 Alarm Company Engagement 2009 Multimedia Videos 2014 USPS Mail 2016 Smartphone App DocuSign Envelope ID: 4MED49-418A-4101-8B22-79C9B1D498CB Awards and Certifications PM AM has earned several IT Awards and certifications. • CAS Ready • SSAE-16 SOC 1 - Type II • PCI I DSS Compliant • SEI CMMI Level 3 Certified Company • Microsoft "Sequel 2005 Front Runner Status" - Only 185 companies worldwide • Microsoft "Sequel 2008 Front Runner Status" • Microsoft Gold Certified Partner • Microsoft ISV (Independent System Vendor) - Under 12 % of Microsoft partners have achieved this level • Microsoft Custom Development Solutions Competency Certification AICPn DSS CMMI ��201T/ soC COM�L1 Mr A* Mic nxwff : I Affbmso/t'Partner �o�� cEaTiFieo 4 M rowfr �' OdepmdeM Soft.—V-da05V7 Partner SQL Serverr2008 • We are very proud of our most recent certification, becoming a "CJIS Ready" (Criminal Justice Information Services) solution. This certification was awarded to PM AM after a thorough review of PM AM's systems, procedures, protocols, and personnel who support the FAMS platform. • The PM AM I FAMS payment processing system is regularly audited, allowing it to earn its SOC1 — SSAE 16 Type 2 certification. • PM AM remains compliant with PCI I DSS compliance standards. • PM AM has maintained CMMI Level 3 certification since 2008. This certification helps our Technology team in delivering a quality product in FAMS. This certification is granted by Software Engineering Institute at Carnegie Mellon University. This is the most prestigious certification worldwide for software development processes. DocuSign Envelope ID: 4CMED49-418A-4101-022-79C9131D498CB • PM AM is also a Microsoft Gold Certified Partner. This certification from Microsoft provides PM AM 40 hours of advice from Microsoft Technology experts on creating state-of-the-art solutions. • PM AM is a recipient of Microsoft's "Sequel 2005 and 2008 Front Runner Status," recognition granted to only 185 companies worldwide. This certification made available best practices from Microsoft technology experts for FAMS database, which in -turn helped PM AM technology team deliver FAMS at an incredible web response time to its partner cities. • PM AM is a Microsoft 15V (Independent System Vendor) Partner. Microsoft provides an opportunity to its partners to submit their solutions and then Microsoft experts look at various components of the solution. If, in their judgment they are satisfied, that the solution is built using the best practices prescribed by Microsoft, they then grant those solutions the ISV status. PM AM is proud to have submitted FAMS to Microsoft and achieved the ISV accreditation. Less than 12% of Microsoft Certified Partners have earned ISV status. DocuSign Envelope ID 4CMED49-418A-4101-8822-79C9B1D498CB FAMS CUSTOMER SUCCESS Oakland Police Department, CA Since 2008, PM AM has had the pleasure of working with four different Project Mangers. We have made on - site visits with each person and worked to create a relationship with each individual. PM AM assisted Oakland in implementing their new „i�nnr,i,n „'& sr rr ; n_ alarm ordinance in 2009. Oakland's goal for the new ordinance was to reduce the number of false alarms, increase the number of paid alarm permit holders and N u 1 11, reduce the amount of administrative time spent operating their alarm program. The numbers speak for themselves. Permit holders have more than doubled, from under 13,000 in 2009- 2010 to more than 26,000 today. The number of alarms has continued to fall from a high of 24,000 in 2009 — 2010 to under 15,000 today. The total collection rate for the program is at 92%. Additional assistance provided to the City of Oakland by PM AM includes: • Onsite training provided to Alarm Program Manager on alarm equipment and its operation. • Consultations on alarm response issues or ordinance questions are immediately provided when requested by the Alarm Program Manager. • Continually updating the Alarm Program Manager on major changes in the alarm industry and technological advancements. • In 2015, PM AM transitioned the Oakland Alarm Program over to PM AM's False Alarm Management Solution (FAMS). • Under the new FAMS, the PM AM Corporate Website Portal is available to government jurisdictions and businesses with multiple alarm sites allowing the alarm user only one sign -in to access all their permitted sites with Oakland. • The Oakland School District has taken advantage of this technology. • The Oakland Alarm Program Manager has requested our expertise on drafting new revisions to the present alarm ordinance. PM AM will leverage our vast knowledge of alarm ordinance best practices and administrative experience to assist the City in the development of the alarm ordinance. DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C961D498CB City of Houston, TX ARA Department In 2009, City of Houston awarded the False Alarm Billing and Tracking Services contract to PM AM, previously administered by EDS. The City experienced an immediate reduction in administrative staffing requirements of both City personnel and contracted personnel. The City has realized extraordinary results from the j program, consistently realizing month -to -month and year -over -year revenue growth as a result of PM AM continually introducing creative and innovative techniques to increase alarm ordinance compliance. As a result, the City has increased the number of permits issued and renewed, as well as increasing collections of false alarm fines. The revenue realized by the City at the onset of PM AM's contract award in 2009 was $6.4M, as reported by the then ARA director. Today, PM AM is happy to report that revenues collected and realized in 2016 were $11.9M, representing an increase of 84%. Currently, revenue results for Fiscal 2017 are on track to either meet or exceed previous record results of the program. As is all too common with many Cities and Counties throughout the United States, excessive false alarm occurrences rob the City of valuable law enforcement resources along with taxpayer dollars if not addressed. PM AM lauds the thought leadership of Miami Beach to reach out and partner with subject matter experts to manage the Alarm Program in order to achieve the intended results of the alarm ordinance. PM AM initially launched a web -based solution in 2004 and has advanced to now rolling out digital initiatives in 2020/2021 that makes PM AM FAMS both device and platform - independent. Now, citizens, businesses, and City officials can access City Alarm ordinance services from any device; whether it is a smartphone, laptop or Wad. Citizens can now apply for a permit, make payments, update contact information etc. through the City's website maintained by PM AM or through their personal social media (e.g. Facebook) where they are not required to remember any URLs/website addresses. DocuSign Envelope ID: 4C7DED49-41114 4101-8B22-79C9131D498CB This is how PM AM defines its 13-year journey of FAMS, where we constantly invest to remain in sync with user behavior and associated technological solutions to serve cities and its citizens in order to engage, reduce false alarms and increase ordinance compliance. This is a major differentiator that PM AM offers in the marketplace. PM AM continues to be committed to achieving industry certifications to ensure that its procedures, protocols, and personnel who support the FAMS platform are the latest, as well as in sync with the industry -wide "Best Practices". We have numerous Awards and Certifications, furthermore we are very proud of our recent certification becoming a "CJIS Ready" (Criminal Justice Information Services) solution. PM AM has established more than 100 different real-time, live data -based report functions, based upon requests from our partner cities and counties, aimed at providing transparency and management insight. PM AM listens to this strong user community's voice and meets their needs in order to make FAMS program impactful. The relationship between PM AM and the user community is strong and impactful because as soon as an innovation is added to FAMS, it is available to the entire community at no extra charge to its customers. In this section, we wish to state and demonstrate with examples of how PM AM's dollars are invested in continuous improvements/ innovations that result in achieving four key result areas that our partner community places a significant importance to: FALSE ALARM REDUCTION - through education and awareness REVENUE GROWTH - through state-of-the-art collection compliance techniques t.t.I HIGHER COLLECTION RATES - through ultra -modern skip tracking techniques 7N] CITY PERSONNEL - personnel involvement False Alarm Reduction: PM AM is committed to reducing false alarms and will continue to play an important role in false alarm reduction. We leverage best practices taken from DocuSign Envelope ID: 4C7DED49418A4101-8B22-79C9B1D498CB our 100+ customers across the nation as well as new technology offerings to drive lower rate of false alarms. FAMSTM I False Alarm Reduction Below are a few examples of similar size cities and counties as Miami Beach that through our consistent outreach engagement model have resulted in false alarm reduction that usually is the first priority for our partner cities. FALSE ALARMS FALSE ALARMS CITY NAMES DURING FIRST COUNT FIVE % FALSE ALARMS YEAR OF YEARS INTO REDUCTION IMPLEMENTATION PROGRAM Miami Shores, FL 991 443 55% Hialeah, FL 8,861 4,110 54% Rowlett, TX 2,140 1,075 50% Miami Beach, GA 16,124 8,043 51% Palatka, FL 1,103 671 39% Beverly Hills, CA 3,583 2,693 25% DocuSign Envelope ID: 4C7DED49-418A-4101-8822-79C981D49&CB Higher Collection Rates: PMAM typically targets higher collections, and in most cases, it is successful in collecting. We attribute this collection rate to a proprietary workflow. These sophisticated collection methods analyze payment trends and preferred payment platforms to help PM AM's CSR's in citizen outreach and collection on unpaid invoices. Revenue Growth: In almost 100% of cases, PM AM is able to increase baseline revenue when it takes charge of a cities' alarm program. While it grows baseline revenue, PM AM always faces the hurdle of reduced false alarms, which results in reduced collections for the false alarms, which were eliminated. PM AM deploys multiple time -proven internal processes to identify non -compliant businesses/residents and an engagement strategy that almost always results in higher compliance (permitting), driving baseline revenue to grow substantially for our partner cities. These strategies are discussed in detail in later parts of this RFP response. FAMS"m I Revenue Below examples illustrate where unique FAMS techniques resulted in higher revenue growth. In some cases, PM AM's initial share is "paid for" by this increase in revenue, making PM AM services free from second year onward. REVENUE DURING FIRST REVENUE FOR % REVENUE CITY NAMES YEAR OF YEAR 2016 INCREASE IMPLEMENTATION Montgomery City, NJ $ 30,995 $ 54,800 77% Rialto, CA $ 56,906.56 $ 159,941.72 181 % San Marcos, TX $ 30,290 $ 85,208 181 % Long Beach, NY $ 42,100 $ 91,297.86 117% Richardson, TX $ 191,175 $ 389,931.37 103% Houston, TX $ 6,400,000 $ 11,800,000 84% Little Elm, TX $ 37,729 $ 65,171.02 73% Beverly Hills, CA $ 281,626.25 $ 452,313.81 61 % Lincoln, CA $ 30,765 $ 49,229.33 60% City - Personnel involvement: The FAMS portal engages and provides all stakeholders easy access because it is always available, with CSR's available to help every step of the DocuSign Envelope ID: 4C7DED49-418A-4101-8822-79M1D498CB way. The combination of technology, processes, and human interaction results in higher customer satisfaction and takes only a fraction of City time to support alarm management activities. Additionally, we have had 17 opportunities to present the FAMS solution to the following municipalities using our competitor's product: 1 PEMBROKE PINES, FL 2 PINELLAS CITY, FL 3 MIAMI BEACHCITY, GA 4 DURHAM, NC 5 SAN LUIS OBISPO, CA 6 NORTH MIAMI BEACH, FL 7 MORGAN HILL, CA 8 DOUGLAS CITY, CO 9 HIGHLAND VILLAGE, TX 10 PITTSBURGH, PA 11 DAVIE, FL 12 VALLEJO, CA 13 COLUMBUS, OH 14 Irving, TX* 15 11 ROSEVILLE, CA* 16 11 ARCADIA, CA* 17 TOMS RIVER, NJ* These agencies were using Cry Wolf (AOT Public Safety), now CentralSquare, our competitor, and they wanted to explore other alarm management offerings available in the market. This provided PM AM an opportunity to present our solution. While most of these accounts were satisfied with their current vendor, they were impressed by PM AM's unique approach to customer service, as well as our innovative technology solutions. These agencies compared both solutions and could clearly see the advantages they could expect from PM AM's processes to drive key goals. This resulted in all 17switching their alarm program management to PM AM Corporation. *On July 1, 2079, Irving, TX an existing client of Crywolf/CentralSquare, also currently using Tritech CAD selected PM AM FAMS to be its vendor of choice and manage its alarm program. DocuSign Envelope ID: 4C7DED49-41&A-4101-6B22-79C9B1D49SC8 *On June 131h, 2079, Roseville, CA, an existing client of CryWolf/CentralSquare, selected PM AM FAMS to be its vendor of choice and manage its alarm program. *On May 30, 2019, Arcadia, CA, an existing client of CryWolf/CentralSquare, selected PM AM FAMS to be its vendor of choice and manage its alarm program. *On April 15, 2019, Toms River, NJ, an existing client of CryWolf/CentralSquare, selected PM AM FAMS to be its vendor of choice and manage its alarm program. The last four months have seen nearly an account every month of CentralSquare's switching to PM AM. Several of these accounts have been PM AM customers now for multiple years and PM AM would be happy to share program statistics when compared to time prior to PM AM acquiring them as customers. All of these clients are strong references for PM AM and we encourage you to reach out to them. All work, including call center, back office, and data entry for Miami Beach is performed from PM AM's corporate office in Dallas, TX. All of our staff goes through a rigorous hiring process that includes drug & background screenings and 1-9 verification. Each team member also goes through an extensive training process. The quality of our well -trained staff is a primary factor in the many accolades our client municipalities have bestowed on PM AM since 2004. PM AM's employees have extensive experience with the company, and some have been with us since we began providing alarm management services in 2004. PM AM Corporation is an equal opportunity employer. As such, it is our policy not to discriminate on any basis prohibited by law including race, sex, age, religion, national origin, disability, marital status or veteran status. It is our intent and desire that equal employment practices apply to all terms and conditions of employment at PM AM Corporation. The CEO of PM AM Corporation and all managerial personnel are committed to this policy and its enforcement. STATE OF THE ART CALL CENTERS I PROTECTION AGAINST DISASTERS PM AM performs the alarm administration services for the Miami Beach from our Dallas, TX office location. PM AM does not engage in subcontracting with any third parties for the services offered to the City. DocuSign Envelops ID: 4C7DED49.418A-4101-8B22-79C9B1D498CB PM AM provides two distinct processing and call center services sites. While the chances of a physical disaster (weather, fire, etc.) are remote, PM AM maintains a complete mirror - image and backup of the processes, equipment, and necessary personnel to support our partner cities in three locations (Dallas, TX, Houston, TX, and Colorado Springs, CO). Should one site be incapacitated, PM AM can restore service to the City within hours at the alternate site. DALLAS, TX HOUSTON, TX PM AM has put a lot of thought and investment in establishing its state of the art customer care center locations in Dallas, TX and Houston, TX. The PM AM call support center network is designed so that calls can be diverted to any of the two call support centers in a seamless and efficient manner so as to prevent any disruption of service to our clients. Recent example: Hurricane Harvey, Aug 28th to Sept 1 It, 2017, the City of Houston was impacted by torrential rains and flooding due to Hurricane Harvey. The mayor's office declared that the City's administrative offices would remain closed and PM AM Houston support office was closed due to flooding in the office building. PM AM's cloud -based phone system was configured, within 30 minutes, to re-route all calls intended for the Houston support center to PM AM's Dallas support center. Even though the City's offices were closed, Houston citizens were able to still call into and speak with PM AM CSRs regarding all of their alarm questions. PM AM is unique in the industry because it provides an option for inbound callers to leave a voicemail message for those calling after normal business support hours. PM AM's DocuSign Envelope ID'. 4C7DED49-418A-4101-8B22-79C9B1D498CB standard Service Level Agreement (SLA) is to return these voice mail messages the next business day. Other cities that have chosen other industry players to manage their alarm program have discovered that no capability exists to leave a voice mail message after office hours. Callers are requested to call back during normal business hours. PM AM Advantages PM AM derives its advantages from its commitment to "incremental innovation" on an on -going basis. PM AM identifies two/three key areas every year for innovation/modernization and given the scope of the goals, sets aside a budget every year to undertake R&D so our partner cities can benefit from a solution that always remains current to the time, challenges, platforms and emerging trends among millennials, baby boomers, and aging population of their municipalities. 100% WEB -BASED PM AM'S TECHNOLOGICAL ADVANCEMENTS INTEGRATED DOCUMENT PRINTING t 2005 2004 P008 • • ALARM COMPANY MULTIMEDIA VIDEOS ENGAGEMENT The following are a few examples: BUSINESS/FRANCHISE INNOVATIVE COMPLIANCE CHAIN ENGAGEMENT SCAN TO PAY ALGORITHM & CHATBOTS ,(1 2015 USPS MAIL SMARTPHONE APP 2017 DocuSign Envelope ID: 4C7DED49-418A-4101-0822-79C9B1D498CB • Innovative Compliance Algorithm- 2017: This represents PM AM's incremental innovation focused on further increasing ordinance compliance based on location (socio-economic demographic analysis) of the residence. This solution is in beta and is expected to be released within the calendar year 2017. Once released, this solution will allow our partner cities to grow their permitting compliance many folds. We look forward to an opportunity to demonstrate the solution during the vendor selection interview process. • FAMS iOS and Android Smartphone App- In 2016, PM AM started offering an ultra- modern iOS and Android smartphone app with 8 functions along with push notifications through touch ID function. Now, the citizens of our partner cities can carry out many functions like; reviewing the City's False Alarm Ordinance, making payments, viewing and updating their key holder information, historical information on false alarms, invoices etc.. They can also access a variety of education materials to help prevent future false alarms. We look forward to an opportunity to demonstrate the solution during the vendor selection interview process. • Scan to Pay- In 2015, PM AM started offering a unique state-of-the-art payment solution to citizens. Your citizens can now scan invoices through smartphones to pay invoices on the go. This solution is extremely handy for the millennials and others that conduct a majority of their business through their phones. We look forward to an opportunity to demonstrate the solution during the vendor selection interview process. • USPS Mail Delivered I Guaranteed- In 2014, PM AM developed innovative processes which allow us to track the delivery of invoices and notices sent to citizens. This information is extremely helpful for our partner municipalities when dealing with walk- in customer inquiries, appeals etc. as it provides date and time of when invoices were delivered to the citizen doorstep. This information is integrated into FAMS directly from the United States Postal Services (USPS) solution. PM AM has reasons to believe that it is the only company to offer this service. We look forward to an opportunity to demonstrate the solution during the vendor selection interview process. • Business/Franchise Chain Engagement- In 2013, PM AM and its strong user base were busy brainstorming and looking at ways to further enhance the collection of unpaid invoices by businesses/franchise chains. A unique service offering was added to FAMS portfolio that was once again 100% web -based and made available to business/franchise chains at no cost. Our user community has since seen an upsurge in payments from this group of customers. We look forward to an opportunity to demonstrate the solution during the vendor selection interview process. DocuSign Envelope ID: 4C7DE04941&4r4101-8822-79C9B1D49SCS • Citizen experience through videos- In 2009, PM AM was the first service provider to introduce instructional videos, which assist citizens in learning permit and payment processes before actually undertaking these functions on FAMS citizen website. This function is no longer unique as it has been copied. The reason PM AM has included this is to assure the City that PM AM's yearly goals and the R&D were invested in ensuring that our partner cities are always current for its citizens' outreach. We look forward to an opportunity to demonstrate the solution during the vendor selection interview process. • Integrated Document Printing- In 2008, PM AM partnered with Pitney Bowes (Listed at NYSE with $2.45 Billion market cap), an industry leader to integrate with FAMS invoices. This time proven solution assured our customers that invoices being mailed will have zero chance of an error during the stuffing process. This was an expensive and ahead -of -its time solution for a company of PM AM's size; however, it ensured the extraordinary growth that PM AM was experiencing at the time would have no bearing on its ability to continue to perform. These innovations and investments have saved PM AM and our partners from negative media. We look forward to an opportunity to demonstrate the solution and to showcase how other municipalities faced bad PR for their alarm program. • Alarm Company Engagement- In 2005, a year after initial launch, PM AM realized that an important stakeholder to alarm management was not included in the ecosystem of the solution that is used by cities. PM AM collaborated with municipalities and alarm companies to identify functions, features, pain points, and reports that will help municipalities and involve alarm companies through a self- service intuitive platform that is secure through password securities. Since then, alarm companies have routinely used this secure website to verify their customer base as well as upload helpful new information required and in certain municipalities, mandated by alarm ordinances. This practice has eliminated all paperwork that existed prior to FAMS implementation, as well as, unnecessary phone communication and follow-up that used to take place between municipalities and alarm companies. We look forward to an opportunity to demonstrate the solution during the vendor selection interview process. . 100% Cloud -Based FAMS solution- In 2004, PM AM was uniquely innovative in its approach to launch a 100% web -based citizen portal and administrative portal for alarm permit management and false alarm reduction. All components of FAMS were web -based and these functions and reports were accessible to our partner cities through a browser without introducing any foreign- devices. PM AM has maintained DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB this 100% web -based function to this date, with all its innovations available through a browser. PM AM has reasons to believe that it is the only company to have all its functions and reports available through a browser. We look forward to an opportunity to demonstrate the solution during the vendor selection interview process. THE CHANGE >, MASSIVE YEARLY INCREASE in alarm permit registration 6' EXPONENTIAL GROWTH in recurring revenue stream as the number of permits increase > YEARLY DOUBLE DIGIT reductions in False Alarm calls DIFFERENTIATORS Q 100 % Cloud -enabled Real-time & live reports d Smartphone apps Instructional videos City Branding in Documents KEY RESULTS > FALSE ALARM REDUCTION Education and awareness > HIGHER COLLECTION RATES Multiple ultra -modern outreach techniques REVENUE GROWTH Increase in alarm permitting and high collection rates CERTIFICATIONS �4SR� AICPA C I- SOC �zo`1z Microsoft CMMi GOLD CERTIFIED LEVEL Partner DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB REFERENCES Description of Services Population Contact Name Contact Phone Email False Alarm Management Services 2,200,000 Kathryn Bruning, Assistant Director 832-394-9414 Kathryn.bruning@houstontx.gov Floridacity Department Jacksonville, Description of Services False Alarm Management Services Population 890,467 Contact Name Contact Phone Email Chief William Clement 904-630-2105 William.Clement@jaxsheriff.org City Department Irving, Texas_ - Description of Services False Alarm Management Services I Population 242,242 Contact Name Kimberly Keene Contact Phone 972-721-2559 Email Kkeene@cityofirving.org DepartmentCity .. Description of Services False Alarm Management Services Population 261,338 Contact Name David Dickerson Contact Phone 727-893-7198 Email David.dickerson@stpete_o DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9131D498CB 2.2 Qualifications of Proposer Team Below is a list of key PM AM Managers that will be involved in managing the City's Program: Operations Team Pankaj Kumar Chief Executive Officer I Executive Project Sponsor PankajK@pmam.com As a Project Sponsor, Mr. Kumar ensures that all roles and responsibilities are aligned to the commitment PM AM made in terms of quality and speed of carrying out all alarm administration service processes. He is also available to you to resolve issues and constraints that are noticed by you or your citizens during the entire life of the project. Dave Moss Vice President of Sales I Public Safety Division DaveM@pmam.com With more than 37 years of experience in technology sales, Dave has served in domains like digital technology, telecommunications, e-commerce and technology consulting, to name a few. Prior to working with PM AM, Dave was VP of North American Sales for Harris Corporation, one of the leading public safety technology providers. Dave truly understands the needs of ensuring the safety of the first responder by minimizing false alarms and creating an environment where all alarms are handled methodically. Mark Hughes Customer Service Manager markh@pmam.com As Customer Service Manager, Mark oversees the day-to-day operations of the call center and the data entry teams. He is also the primary point of contact through the duration of the implementation process and over the lifetime of the program. Perraju Vegiraju Project Manager DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB PerrajuV@PMAM.com Perraju is an IT Guru with a demonstrated history of working in the software and network security industry. Skilled in databases, data warehousing, Hive, Java, and Apache Spark. He is a strong professional with an engineering degree, Computer Science focus. Perraju is responsible for the ground -up implementation, development and maintenance of solutions relating to enterprise e-commerce, user interfaces, systems interoperability, and production websites. Prerna Ratti Accountant I Executive Project Sponsor PrernaR@pmam.com Prerna is responsible for working with the City accounting and finance departments to provide details of all true -ups, reconciliation statements and transaction level details for any summary report that is proactively provided by PM AM to the City. Monica De La Rosa Supervisor — MonicaR@pmam.com Monica would be the Program Lead for Miami Beach and assist with requests and develop new campaigns and content to engage citizens to increase their awareness about the City's alarm ordinance. This role and her initiatives are key in customer engagement through mailings, email and voicemail communications and marketing campaign materials. Kathleen White Alarm Matching Specialist KathleenW@pmam.com Kathleen works diligently to process daily Lockbox files and carries out the manual research for the payments that didn't come with coupons. She is responsible for keeping Lockbox and FAMS(T) reconciled at all times. Lillian Spratt Incident Specialist TerryM@PMAM.com Incident Specialist Lillian is responsible for confirming that all false alarm incident data is captured. When data is not present when expected Lillian will reach out to City contacts and request assistance in getting missing data. DocuSign Envelope ID: 4C7DED49-41BA-4101-8B22-79C981D498CB Priscilla Ceballos New Installations, Cancellations and Payment Specialist PriscillaC@PMAM.com Priscilla is responsible updating permits when PM AM receives notification from the alarm companies of a change of status to their permit holders. She is also responsible for deposits for cities that are not on bank operated Lockbox. Dennis Pratt Billing and Payment Specialist DennisP@pmam.com As billing and payment specialist, Dennis is responsible to maintain a time -bound billing and payment effort into FAMS(T). He also certifies that the applied payments and bank deposits remain reconciled at all times. Antonia Rodriguez Mail Processing Specialist AntoniaR@PMAM.com Antonia is responsible for the scanning and batching all correspondence received through the lockboxes. This process is vital to PM AM to maintain time -bound standards for payment processing. She also ensures that any collateral sent to the permit holders on behalf of the City are printed and sent within the designated timeframes. Olga Salazar Training Specialist OlgaS@PMAM.com The training specialist supports the call center in the onboarding of new hire agents and facilitates the training of the policies and procedures for PM AM. As a senior agent, she also assists customer engagement through mailings, email, voicemail communications and escalations. DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB TAB 3 SCOPE OF SERVICES PROPOSED The main highlights of these services are provided here under, a more descriptive process is outlined immediately after this synopsis. This cloud -based software solution meats all the specifications of the ordinance and it has functions and features better geared to meet any future requirements that the ordinance may present should it undergo any changes to incorporate more stringent ordinance laws as practiced by some other cities. Since the solution is cloud based, City officials have full access to all the options that they need to carry out their functions effectively and efficiently. This is in sync with the related requirements of the RFP listed under Scope of Services Proposed, A2 Statement of Work, A3 Specifications, 1. Minimum Requirements of the System and 2. System Functionality Requirements. DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB Miami Beach Bid 2022-005-ND Scope of Work Compliance A2. Statement of Work The City is seeking to enter into a revenue Required sharing contract with a contractor that will 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 Comply 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- Comply 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 Comply 5:00 p.m. (Eastern Standard Time), and after- hours emergency support. -Provide customer support to residents and business owners during normal business Comply hours, Monday through Friday, 8:00 a.m. to 5:00 p.m. (Eastern Standard Time) DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB -Provide a dedicated account manager that will be responsible for providing support and Comply implementation assistance. • Provide initial training for the Fire and Police Department personnel on the proper use of Comply 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 Comply 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 Comply implementing resolutions or orders, as may be amended from time to time by the City. • Provide customers with the ability to make Comply payments online. • Identify and provide notice to alarm users Comply that are delinquent by 30 days. • Report to the City those alarm users that are Comply delinquent by 30 days. • Contractor will maintain a list of all City owned properties which will be excluded from Comply collection of payment for any false alarm incidents. • Respond to citizen complaints about lack of Comply services to an alarm address. -Respond to miscellaneous citizen complaints concerning the false alarm billing collection Comply and related services. • The contractor shall be the point of contact Comply for all alarm users. • The contractor shall send out notices when the City advises contractor that there is a new Comply user of the alarms stem. • All templates for correspondence must be preapproved by the City prior to the use by Comply the contractor. DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB • The contractor shall supply hardware, software, and all services necessary to Comply 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. Comply Police will use the Computer Aided Dispatch (CAD) data while Fire will utilize Records Management System (RMS) data. • Contractor shall make payments directly to Comply the CAD and RMS vendor(s). • Contractor shall work directly with the CAD and RMS vendor(s) as part of the build -out, Comply testing, and implementation process of the data interfaces. 1. Minimum Requirements • Single contractor for both Police and Fire of the System Departments with separate user management Comply and confi uration. • Daily resident assistance. Comply • Web based platform/browser based and no Comply "FAT" client installation • Independent and configurable triggers to be defined by Police CAD data and Fire Comply Department RMS data. • Back -end user management tool that is Comply permission based. • Multi browser -based builds (Chrome, Safari, Comply Mozilla, Firefox, Opera, IE, etc.). • Administration configuration utility. Comply • Ad -hoc reporting tool. Comply • Records retention shall meet the State of Florida Schedule, per Chapter 119 and 257, Comply Florida Statutes. • Contractor to provide public service announcements and initial mailers for Comply registration kick- off at no cost. DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB • Maintenance of databases: (a) Alarm permits. (b) Permit Holders. Comply (c) Permit Holders with outstanding charges. (d) Non -permitted location with outstanding charges. 2. System functionality Comply 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 Comply 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 Comply television public service announcements, billboards, print advertisements. • Public Access Portal. Comply • Self -registration of alarm via the web by Comply customer or administrator. • Mail Registration Acceptance. Comply • Call Center acceptance of registration to be Comply handled by vendor. • Ad -hoc reporting. Comply • Configurable accounting statistical and Comply re ortin tools. • Ability to audit user's access and actions within application (i.e. record changes or Comply billing changes). • Ability to exclude specific response locations and mass import the exclusion locations (i.e. Comply City buildings, hospitals, non -response locations). DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB • Ability to export to Excel, CSV, and or text Comply files. • Shall return the City's data in an agreed - upon format at the end of the contract term, Comply if the contract is not renewed, or upon any earlier termination, at no cost to the City. • Access to query system for Comply notification/billing date/time stamp. • Provide a monthly report of all fees Comply collected for permits and false alarms. • Violator must have the ability to dispute the Notice of Violation (NOV) within 30 days of Comply notification (should delay billing functionality once dispute is received). • Contractor customer service to flag disputes Comply and rovides notification to the City. • Contractor to provide a system or business process for handling disputes (correction of record info, request for hearing at Special Comply Master) within a certain number of days from NOV. • City to have the ability to add notes/follow- up information on individual alarm profiles Comply and incidents. • Contractor to provide an automated upload process of violations with no end- Comply user intervention. • Ability to run reports based on geographical location (homeowners Comply association, Fire Department Zone) by set ma la ers or polygon. DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C961D498CB Customer Service LU PM AM has a dedicated staff of customer support representatives, these trained staff respond to customers phone calls thru a dedicated toll -free number in real time and emails the same day, emails that are received late are responded to next day, 99%+ responses include comprehensive details based on the question and resolved with a single response. Monica Del Rosa and Richard Quiroz spearhead a committed team of Customer support specialist and data entry specialist that carry out the permit entry, payments and appeal process as required in a timely fashion, usually within 24 hours so all the information is available to Monica and CSRs to help City staff and citizens. We take pride in responding to Miami Beach's request, in most cases same day otherwise within 24 hours and we have dedicated Monica Del Rosa as a single point of contact for Miami Beach's Alarm Administrator. The efficiencies in all the department's result in 90% plus single called resolution for the City's citizens whereas the industry average is under 60% for first call resolution. This Customer care service is further boosted for citizens, FAMS offers a state-of- the-art citizen self-service portal accessible from the City's website 24/7 allowing your citizens to apply for permit, pay fees and fines, and update contact information in real-time. The portal provides an un-matched citizen experience by providing video demonstrations for the important functionalities to first-time visitors. More importantly, the self-service portal provides educational content focused on false alarm reduction coupled with the false alarm academy. More tools and access points like Mobile Apps, Live Chat, Chat bots and FAMS integrations with Facebook Messenger provides more platforms and avenues to citizens to carry out their alarm ordinance responsibilities effortlessly at their timetable. This is in sync with the related requirements of the RFP listed under Scope of Services Proposed, A2 Statement of Work, A3 Specifications, 1. Minimum Requirements of the System and 2. System Functionality Requirements. DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C9B1D498CB Permitting PM AM's False Alarm Management Solution (FAMS) supports the permitting process for the citizens choosing to register their permit, maintain the permit vc�vv�w status throughout the age of a permit along with any annual updates like Contacts etc. as well as built-in innovative processes to identify non -compliant locations: • Identify and engage locations with False alarm that are not registered • Engage with alarm companies to identify non -permitted locations based on the alarm company subscriber listings • Verify each permit holder's address in the City by utilizing a up to date GIS file Permit information is kept updated throughout the contract and can be searched by; • Permit Holder name • Key Holder information • Phone numbers • Billing address if different from permitted address • Email addresses of all contacts FAMS has implemented an inbuilt function to validate the permit address with City GIS in real time whether a permit is applied online, or it is received in a paper form at the lock box, or it is being entered by our data entry specialist. FAMS provides multiple ways to your citizens to apply for a permit: • Traditional mail -in application process • Interactive self-service web portal application • iPhone and Android app, chat bot and Facebook messenger to apply for a permit The processes are already implemented for the City and no assistance is required from the City in managing this process. This is in sync with the related requirements of the RFP listed under Scope of Services Proposed, A2 Statement of Work, A3 Specifications, 1. Minimum Requirements of the System and 2. System Functionality Requirements. DocuSign Envelope ID 4CMED49-418A-4101-8B22-79C9B1D498CB Alarm Tracking, Billing and Accounting FAMS can be set up to import Miami Beach alarm incidents from the City's CAD and generates notifications and invoices as required by the ordinance. FAMS is an integrated billing and accounting software. Unlike working with external accounting applications like Quick Books, all billing, collections, account receivables are part of FAMST"'. The invoices are generated and sent on City's letterhead with the proper identification of the lockbox details, this section of the invoice can be simply detached by the permit holder and sent along with the payment. The software solution deployed for the City has necessary checks and balances to reconcile all the permit and false alarm data that are invoiced, payments that are received, refunds that are issued and any adjustments there are carried out in FAMS. A detailed Month -end closing accounting statement is sent out to the City every month that self -reconciles to the previous months balances and provides a transaction level detail along with the summary for all the new accounting activities that took place in the current month. PM AM Maintains SOC-1 audit from repeated audit firms like BDO. The whole operation is fully transparent, and all the documentation needed by the City are available for any audit. Similarly, all online payments are routed through gateways and all online transactions remain PCI compliant at all times. This is in sync with the related requirements of the RFP listed under Scope of Services Proposed, A2 Statement of Work, A3 Specifications, 1. Minimum Requirements of the System and 2. System Functionality Requirements. Collections PM AM has established a good workflow for the collection services, however should the City desire to engage a third party collection agency then PM AM is willing to integrate the data exchange and cooperate to work with the third party collection agency at no extra cost. Please keep in mind any collections made by a third party agency will still need to pay PM AM's share of revenues collected. DocuSign Envelope ID'. 4C7DED49-418A-4101-8B22-79C9B1D498CB As such, City personnel are provided with online real-time access to view all account statuses at any time. This integrated approach saves time and money and improves data accuracy since all the information is integrated as part of one system. PM AM follows up with a process to make direct calls to citizens/companies late in making payments. Also PM AM has introduced a detailed return mail handling process: 1. We collect all return mails from PO Box daily. 2. Then we scan all collected return mails in OPEX System as "Return Mail" instead of as "Daily Mail". 3. After scanning is done, our internal automated process identifies associated City and Permit using scanned remittance slip. 4. Lastly, we tag all the identified permit as "Stop Correspondence", to avoid sending mails to these permit addresses again. This is in sync with the related requirements of the RFP listed under Scope of Services Proposed, A2 Statement of Work, A3 Specifications, 1. Minimum Requirements of the System and 2. System Functionality Requirements. REPORTING ® Miami Beach will have complete insight into all functions of False Alarm d�= Management Services on a real-time basis through various reports, ad -hoc queries and drillable dashboards. These reports also include unpaid aging 30, 60, 90 and 120 days and beyond. FAMS has more than 100 reports that can be generated based on variable parameters. Most of these reports can be exported in PDF or Microsoft Excel. Such reports are very helpful for the Miami Beach Police, Finance and other officials to review progress of the program. PM AM believes that these type of applications need to be supported by a cloud based solution with SSL Certificates, providing the best in encryption and security. We provide all information in a readily available form, this is in addition to any need City staff may have to engage PM AM's award -winning support staff like Monica DeRosa. All reports are available to City's staff as requested. DocuSign Envelope U 4C7DED49-418A-4101-8B22-79C9B1D498CB This is in sync with the related requirements of the RFP listed under Scope of Services Proposed, A2 Statement of Work, A3 Specifications, 1. Minimum Requirements of the System and 2. System Functionality Requirements. Citizen Education PM AM offers several features like a proprietary phone app with Push notifications, online academy, bill inserts, high violator's identification, etc. at no additional cost to Miami Beach which helps in engaging citizens and CD provides them important information to reduce false alarms and increase ordinance compliance. PM AM is currently working on building a texting engine to engage citizens to further reduce false alarms. PM AM deploys a set of processes that are responsible for bringing down false alarms, these processes have been responsible in reducing the false alarms in the 135 cities we serve today. PM AM feels confident that these processes can continue to substantially reduce the false alarms for Miami Beach over the term of this Program . The online alarm Academy Provided by PM AM has proven very useful for the citizens. As a result citizens are informed about the reasons of false alarms and take preventive measures that help reduce the future false alarms. Training materials are available in non-English languages. This is in sync with the related requirements of the RFP listed under Scope of Services Proposed, A2 Statement of Work, A3 Specifications, 1. Minimum Requirements of the System and 2. System Functionality Requirements. Hearing and Appeals Support FAMS stores, updates, and maintains the complete documentation required for appeal hearings. This allows cities to conduct appeal hearings using PM AM's unique portal or dedicated administrative staff that work under Monica Rosa and Richard VO Quiroz. The new FAMS intuitive appeals module provides the flexibility to the hearing officers to review the complete historical information in real-time along with the requested Appeal's information. This enables them to make informed decisions in a timely manner. Once the reviewer makes the decision in FAMS in reference to the appeal DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB should the reviewer approve the appeal FAMS automatically sends a notification to the permit holder that the appeal is approved. Should the reviewer deny the appeal, FAMS automatically generates a new invoice for the amount that was being appealed. This process is complaint with the City's False Alarm Program Appeals Policy. This is in sync with the related requirements of the RFP listed under Scope of Services Proposed, A2 Statement of Work, A3 Specifications, 1. Minimum Requirements of the System and 2. System Functionality Requirements. Banking PM AM currently partners with Bank of America to provide the lockbox for Alarm Program banking needs around the Miami Beach Alarm Program. The City receives a monthly reconciliation which includes and income statement and full ledger every month. This is in sync with the related requirements of the RFP listed under Scope of Services Proposed, A2 Statement of Work, A3 Specifications, 1. Minimum Requirements of the System and 2. System Functionality Requirements. Implementation PM AM will provide the City a detailed scope of services which the City will review, approve and submit back to PM AM to kickoff the implementation process. The normal implementation time is eight to nine weeks, however PM AM will move as quickly as the City is willing to support. This is in sync with the related requirements of the RFP listed under Scope of Services Proposed, A2 Statement of Work, A3 Specifications, 1. Minimum Requirements of the System and 2. System Functionality Requirements. DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB TAB 4 PROJECT METHODOLOGY After a thorough analysis of the City's specific false alarm billing and tracking services requirements and objectives, the PM AM FAMS 100% web -based turn -key solution will be comprised of 10 core processes to deliver upon the City's program expectations. 1 Alarm Permitting and Renewal 2 False Alarm Tracking and Billing 3' CAD 4 I Collections 5' Customer Service 6 Reporting I Analytics 7 I Hearing and Appeals Support 8 False Alarm Reduction Processes 9 1 Public Service Information 101 Data Security and Reliability DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB ALARM PERMITTING AND RENEWAL PM AM maintains the alarm permit information for the City in real time. Citizens and businesses can apply online for permit registration or can use traditional paper applications. FAMS customer service staff is always available and are trained to provide step-by-step guidance to callers for completing the permit application. This service is available in English, Spanish and 175+ other languages as required by the caller. Messages left after-hours are returned the next business day. PM AM was the first alarm service provider to launch its 100% ' web -based alarm company engagement web portal in 2005. PM AM has an established relationship with national level alarm companies to manage cities expectations with the alarm companies. PM AM's alarm portal plays an important role in managing customer data of alarm companies in a speedy and timely fashion. This seamless process ensures that alarm permits are acquired by existing, as well as new alarm -holders. The alarm company portal allows PM AM processes to identify non -permitted alarm company customers. Additionally, PM AM validates that all false alarms are matched to valid permit holders. All non -permit holders who have false alarms, along with non - permitted locations of Alarm Company customers, are engaged through notices, bills and phone calls. This list of non -permitted locations are made available to City officials. All the addresses are GIS verified before they are allowed to be stored in FAMS. This process certifies that the permitting and alarm management service is offered to only City residents. PM AM has followed this process since its inception. DocuSign EnvNop• ID: 4C7DED49418A-4101-8B22-79C981D49&CB PM AM's citizen self-service portal is custom -designed to match the City website appearance and is integrated with the City's existing website, striving to create a safe, transparent, and risk -free environment to the community. The portal makes the permit application process easy and accurate, and completed applications are presented to the citizen for review prior to submission. PM AM's custom -designed videos, available at the citizen portal empowers citizens in learning the permitting and payment processes. This innovation was introduced by PM AM in 2009. This process has since become an industry standard, followed by all other players. FAMS at the minimum maintains the following information for the permits. Additional information as requested by the City can also be captured. • Permit number • Permit issue date I Expiration/Renewal date. • Permit name, alarm site address with apt/suite #, phone number, and email address of the person responsible for proper maintenance. • Type of property (residential I commercial I exempt). • Permit Type: Permit holder I non -permit holder • Permit Status: Active I Inactive I Cancelled I Suspended etc. • Billing name, address and contact information (if different). • Holder name, address and contact information (if different). • Name, address and contact information for the alarm company responsible for installing I monitoring the alarm system. • Type of alarm system • Date of installation • Names and phone numbers of contact persons. • Date of 1st and subsequent suspensions • Date of reinstatement etc. Additionally, FAMS provides multiple portals to the City staff, dispatchers and officers, allowing them to search or cross reference permit information by permit holder name, address and multiple search criteria to view the account history and alarm enforcement actions. These portals also allow the City staff to review and audit all data associated with permits, collections, monthly statements, as well as run ad hoc reports as needed. Example: In 2012, the City of Houston underwent a financial audit conducted by external auditors. The City of Houston False Alarm Management program, which generates over $10M in revenue, was included in the scope of the audit, and the City of Houston requested that PM AM provide reports and transaction details for DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C961D498CB all citizen accounts for the auditors to review. PM AM provided all required reports and data within 7 days. There were zero exceptions found by the auditors. Permit Renewal Our rule -based billing process eliminates errors and sends accurate permit renewal notices to citizens. Several reports are reviewed by the Billing Specialist to verify all permit renewal notifications have been processed correctly. As mandated by the City's Alarm Ordinance, FAMS provides well-defined processes to generate City approved letters, invoices and electronic notifications to residences and businesses. Notices are sent 45 days prior to the permit expiration date, thus providing ample time to citizens to pay and remain compliant with the City's Ordinance. Continually Updated Permitting Renewal Payment Information PM AM provides citizens an opportunity to update the responsible party and key holder information in real time in the citizen portal or by informing PM AM through phone calls or written correspondence. Such best practices result in assisting police officers responding to alarm calls/emergencies. DocuSign Envelope ID: 4CMED49-418A-4101-8622-79C9B1D498CB FALSE ALARM TRACKING AND INVOICING False Alarm billing module is flexible, configurable and works on the rules engine that are incorporated from the City's Alarm Ordinance. False Alarm Incidents can be imported into FAMS daily without any operator intervention. Incidents are matched and billed on a frequency as approved by the City. The false alarm fines and the billing frequency can be modified at any time during the contract period. FAMS is a configurable solution with the flexibility to modify alarm ordinance attributes to reflect new changes in the alarm ordinance as needed. This allows our customers to make changes or adopt revisions to their ordinance from time to time without worrying about PM AM's ability to incorporate these changes. Based on this customizable rule -based solution, FAMS adopts the billing criterion and all associated fees including false alarms charges that are billable based on the location type (residential, commercial, exempt) false alarm count, and the total fine for each location. Invoices are sent to the citizens to inform them of any violations of the alarm ordinance on a frequency specified by the City. The invoices provide historic false alarm details and fines so the recipient is able to cross reference the invoice with the City's municipal code requirements. This provides your citizens the confidence in the alarm program and they pay their invoices in time. Invoices are sent with the following information: • Account number, Invoice number and Invoice date • New incidents for false alarm. All incidents are verified by FAMS business rules that are initially set and tested in accordance with the ordinance • Time, date, type, sequence number, and response fee for each new incident. DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB Amounts paid, adjustments • Amount of previously unpaid or delinquent response fees outstanding • Procedure to appeal a response fee History of incidents etc. FAMS provides multiple portals to the City staff, dispatchers and officers allowing them to search or cross reference permit information by permit holder name, address and multiple search criteria to view the account history and alarm enforcement actions. These portals also allow the City staff to review and audit all data associated with the permits, collections, monthly statements and run ad hoc reports as needed. All correspondence including invoices, delinquent notices, email notifications, permit applications etc. are City approved. Once citizens receives these notifications, they have several to pay the bills: 1. Go to secure citizen web site and pay 2. Pay through their phone using FAMS- ALARM app 3. Send payments through USPS mail 4. Walk-in to the City's cashier desk Citizens with questions call a toll -free number that is provided on the bills. Trained and tenured Customer Support Representatives handle their questions and provide them the right platform to pay their bills. Current best practices in alarm ordinances include a provision for the suspension and reinstatement of alarm response based on criteria defined by the agency, e.g. too many false alarms or non-payment of alarm fees or fines. Efficient enforcement of these types of provisions require dispatch operators to know which locations are changed to or from a "limited/no response" status, the interface with Motorola will be very useful in accomplishing this goal; In addition, we find that increasing numbers of Dispatch Operations seek actionable information gathered in the alarm permit process such as current alarm system contacts and site conditions to enhance officer and public safety. The interface between the alarm management system and the City's Motorola CAD system will facilitate such information to the dispatch. DocuSign Envelope ID:4C7DED49-418A-4101-8B22-79C9B1D498CB PM AM maintains a comprehensive IT Disaster Recovery and Business Continuity plan that ensures daily backup of our application's critical data to achieve recovery point objective of 24 hours. DocuSign Envelope ID: 4C7DED49-41M-4101-6822-79C9B1D498CB CAD PM AM currently has an integrated solution in place for both Miami Beach Police and Fire working with the Tyler Technologies CAD. ss TIBURAN �Engoute NOltTi/li0i' GItlMtMAN SP&M, EIFORSYS' echnologies, Inc. .:�i�uCl W[XRl StAIQAFW PUBLIC SECTOR ^A.RCHONIX OSSI ONE Sekatir CRIMES CAD system �� Laserf iche Run Smarter' FAMS" I CAD Communication Interfaces DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB COLLECTIONS PM AM routines realizes the highest collection rates in the Industry for our partner cities. The FAMS accounts receivable solution is a complete integrated solution which maintains all invoices, payment details, statements, and financial accounting details and is available to the City officials on a real time basis. Additionally, PM AM provides a monthly financial report with full details of invoices, payments, adjustments, refunds etc. PM AM takes the full responsibility of collecting all fees, fines and charges of delinquent accounts and depositing them through a lock box bank account. From time to time, PM AM comes across delinquent accounts where proper information is not available. PM AM uses additional steps as outlined below to recover the fines and charges on the delinquent accounts. Return Mail and Collections through Skip Tracing PM AM employs a proactive and reactive skip tracing processes to process return mail and track alarm users to clear outstanding balances in a timely fashion by tracking their contact information changes. Our most effective skip tracing process is a proprietary database that is number one in the nation and is routinely used by law enforcement agencies as well. This service comes at a high cost, but PM AM invests in such services and tools to ensure our leadership in the industry. We also use the following methods for skip tracing: DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C981 D498CB Forwarding Addresses PM AM has identified processes and software that is updated every 10 days by USPS and provides forwarding address information to PM AM. This enables PM AM to track and reach out to debtors and forward outstanding invoice information to the correct addresses. Integration With City's Water/Utilities Database PM AM has developed processes to integrate perform skip tracing through various cities water/utilities database and provides citizen's updated address and phone number. Such processes provide most up to date and accurate information. PM AM utilizes this information to engage with citizens who have moved to a new address in the City but have not paid the outstanding charges. Other Skip Tracing Methods PM AM has also developed processes to perform skip tracing utilizing several other informational databases. These databases include: • Online Criss -Cross Directories Contacting the alarm • Google companies • Yellow Pages FAMS provides multiple portals to the City staff, dispatchers and officers allowing them to search or cross reference permit information by permit holder name, address and multiple search criteria to view the account history and alarm enforcement actions. These portals also allow the City staff to review and audit all data associated with the permits, collections, monthly statements and run ad hoc reports as needed. PM AM at its own expense, regularly performs an audit of its financial controls, data security and alarm management services through an independently- certified firm and shall be delighted to share its latest SSAE- 76 SOC I report, as needed by the City. Collection Process The processing of all funds associated with the FAMS environment is thorough and complete. The FAMS collections system includes the ability to: • Input cash receipts indicating which charges/fees to apply payment; • Apply partial payments; DocuSign Envelop• ID: 4C7DED49-418A-4101-8B22-79C8B1D498CB • Process payments the same day • Process and record returned checks; • Accept credit card payments transactions via the Mobile app, online and phone; • Accept bank routing information for online e-payment transactions. Adjustments FAMS allows adjustments that the City officials may deem necessary on the invoices that were sent out. An example of this is an alarm that was disposed of as false and later it was determined to be true but the information of the alarm being true was not communicated to PM AM. In such events FAMS allows a functionality to enter the true alarm for a prior date. This aids in the documentation for any adjustments/cancellations that are requested by the City. Refunds Alarm Companies/citizens at times may send overpayments, PM AM has a transparent process through which all refund requests go through two levels of authorization and are submitted to the City for taking the appropriate action. Once payments are received from the City, PM AM will remit a refund check to the individual/business accounts and or alarm companies. Meeting Collection Goals PMAM's ability to meet up to 90%+ collections goal is based on utilizing FAMS collection processes as outlined in this section and supported by the other program process areas. FAMS uses scientific processes and payment trend analysis to identify which outstanding collections require attention. Additionally, PMAM's ability to deliver superior service from its Customer Care Center will create a great customer experience for the City's citizens. PMAM has utilized these processes to deliver the highest collection percentages possible with its current partners. Increased City Alarm Program Margins PM AM's relationship with industry leader, Pitney Bowes is almost a decade old. During this period, both sides have collaborated to create unique processes that fulfill the current demand of accuracy and speed with which large volumes of postal mail needs to be sent out every month. PM AM utilizes the current mailing technologies that.qualify its mail for bulk mail discounts, this will deliver additional costs savings to the City. DocuSign Envelope ID: 4C7DED49.41SA-4101-81322-79C961D498CB Undeliverable Mail USPS national studies suggest that 17 percent of consumers and almost 20 percent of businesses move every year and the cost of handling "Undeliverable as Addressed" (UAA) mail is estimated at $2 billion annually. Advanced technology solutions are now available that constantly update the most current address information into the United States Postal Service database. The Industry estimates that the 17% inaccurate mailings could cost the City a substantial amount of the false alarm revenue. This otherwise unrecoverable revenue is easily collected by PM AM as we use processes for eliminating mailing errors for our partner cities include using the forwarding information for alarm holders to reduce incorrect addresses, wasted mailings and utilizing latest industry leading solutions to obtain updated and current address information prior to mailing. DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB CUSTOMER SERVICE Citizen Self-service web portal FAMS is a safe and reliable self-service web portal that is custom built for each City. This portal allows the citizens to complete online payments, educate citizens about false alarm reduction methods, complete alarm awareness with optional online tests etc. It is critical to give citizens a self-service portal with 24 hours, 7 days a week availability. The Miami Beach citizen web portal at a minimum will accomplish the following objectives: -- Alarm & Billing History Citizens can log into FAMS secured area to check all historical =$ False Alarms history, unpaid bills, and contact information. Citizens can access such information at no additional cost or fee. Most importantly, citizens are able to update their contact information online. This will enable first responders to have the most accurate data for each alarm location. DocuSign Envelope ID: 4C7DED49-418A-4101-0B22-79C9131D498CS Bill Payment Citizens will routinely pay bills from the comfort of their home using FAMS easy -to -use, no -hassle, reliable, and proven citizen portal. FAMS citizen portal is secured through 256-bit encryption and is PCI compliant. Citizen Education & Awareness Citizens can review the educational content focused on r reduction of false alarms and also undergo the false alarm prevention class. Citizens with limited access to internet/knowledge to internet will be able to receive the educational material via USPS. They can also review information related to the City's alarm ordinance like fine schedule, police response, appeal process etc. Email Notifications Citizens receive email notifications for outstanding bills, i payment confirmations etc. Citizens can also opt -in to receive email notifications on false alarms educational material as well as tips to reduce false alarms. Permit holders are also provided an option of paying by USPS mail, FAMS has provisions so the City can process walk-in citizen payments at the City's cashier desk, additionally PM AM provides payment by phone apps, as well as through an automated IVR phone system. All payments are deposited to a designated City bank account. DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB Security Alarm Company Self -Service Portal PM AM engages Alarm security companies through a portal that is specifically built for the security companies, PM AM has invested significant research and money for creating this engagement strategy for the security companies. Some of the main functions are listed below: • Compliance — Alarm security companies check their customer list to determine if all of their customers are compliant with the City ordinance. This way, alarm companies can update the missing alarm customers that require alarm permits. • Identifying Non -Compliance — PM AM also requests alarm security companies to upload their customer lists to this portal, so FAMS can identify non-compliance. • Reduction of False Alarms — PM AM routinely provides security companies with a list of the City's high alarm violators and ask for assistance that their systems are operating correctly. Identifying systems operating outside of tolerances can significantly reduce false alarm calls. Self-service Capability — The self-service portal has several reports so the alarm security companies are more engaged with the City's alarm program. DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB The following email from a Police Chief goes a long way in establishing that this process of PM AM is of immense help to the cities. Reply Reply All Forward D ,jy Re: Alarm Company Self Service Portal for advance permit purchase jim.spivey@cor.gov I �. J'rrAJ l.u'ror rc.& V•4 'icw forwwded tfvs rness ge an 215/2016"S DM. 171 t:, &do, -if" M 1,01E 3201 Mr Kumar.. I appreciate the opportunity to comment on this aspect of the service PM AM provides to the City of Richardson in regards to the permitting of alarm systems Its difficult to isolate this particular part of the service relative to its impact on the entire system so I will first say that the complete service PM AM provides has resulted in an extraordinary reduction in the incidence of false alarms that fully exceeded our expectations A big part of the management system was trying to ensure that alarm systems operating in the City of Richardson complied with our alarm ordinance in regards to obtaining a permit This was important so that we could better track alarm activations and intervene with those who were habitual trouble spots This was effectively accomplished by your soliciting the assistance of the alarm companies installing the alarm systems After your description of the problem and offering this solution (selling blocks of permits to the alarm company who in turn issue the permit to their customer) alarm companies were quick to cooperate Needless to say it is a rare event now that we run across an alarm location that isn't permitted As I have said though this is but a part of the system that has helped us reduce false alarm activations so significantty The complete and thorough records kept by PM AM the great customer service better educating the consumer in regards to operating their system without false activations and the above mentioned component to increase permitted sites all combine to deliver a service to the City of Richardson that has been overwhelmingly successful Regards Jimmy L. Spivey Chief of Police Richardson Police Department O - 972 744 4886 DocuSign Envelope ID: 4CMED49-418A-4101-11B22-79CMD498CB Mobile Strategy PM AM defined its mobile strategy in 2014 and launched its full -service Smartphone apps for iOS and Android devices. Using these apps, cities have an option to push notifications to the citizens through Smartphone apps that helps in reducing the false alarms at the same time, providing ease to the citizens to pay as well as perform all functions that they can perform through written correspondence or at the citizen website. In 2017, PM AM launched a full-fledged Smartphone app meant only for City employees in different departments, this app identifies the non-compliant/permitted locations that are operating alarm systems without a permit. City officials find this app very helpful in engaging the business community through multiple channels and departments. PM AM's recent innovation in the social network space is to create an app for the citizens where they can perform all alarm related functions from the comfort of Facebook and other social media platforms. These latest platforms that are intuitive and easy -to -use are best explained during in - person demonstration. Citizens hesitant to over -populate their phones with apps can also view the citizen website that automatically presents the Mobile version on Smartphones. Customer Service Center The City will have dedicated toll -free calling number for its citizens to contact the PM AM service centers. This allows them to easily apply for a permit, obtain account information, understand the City's ordinance and receive immediate assistance from multiple customer care representatives for questions related to permits, billing, payments and the alarm ordinance. DocuSign Envelope ID:4C7DED49.418A4101-022-79CWD498CB This is in addition to the citizen web -portal and Mobile apps that are available to the citizens. PM AM Customer Support Group provides services in English, Spanish and also offers translation services in 175+ different languages. All PM AM staff undergo a comprehensive background and drug test and as such, the company has zero tolerance for the use, possession of drugs or alcohol, or being under the influence of such controlled substances while on duty. Our Customer Care Representatives are well -trained in alarm —related questions. It has been our experience that the trained customer service representatives are able to resolve 90+ percent of issues in a single call, outside of appeals process where the decision comes from City Officials. PM AM has integrated email and fax platforms in FAMS, resulting in • Emails are sent to the citizens before the phone conversation is concluded. • Businesses preferring a fax message are sent requested information via fax before the phone conversation is concluded. PM AM has the Same Day Call Back Policy in place for any voice messages left after office hours, this results into high level of customer satisfaction. All calls are monitored by the customer support supervisors in real-time. They are able to listen to live service calls and coach the customer service team in providing superior customer service. Supervisors are mandated to undertake Call Quality Audits on a regular basis and document the findings. These audits are reviewed by the Director of Operations and becomes the basis to conduct training sessions to continually improve Customer Care team's performance. PM AM's Support Centers have a built-in redundancy so in an event of a natural disaster if support center is impacted, the customer support operations can be transferred to other support centers within 15 to 30 minutes. Currently, PM AM operates customer support centers in Dallas, TX, Houston, TX and Colorado Springs, CO. Customer Care Philosophy PM AM understands that the City has high customer service expectations. PM AM seeks the highest degree of professionalism and courtesy in our service representatives and provides extensive customer service training to each employee before they start taking live calls. Our Customer Care team are constantly reminded of courtesy and professional standards DocuSign Envebpe ID: 4C7DED4941844101-8=-79C9B1D498CB • Clearly identify yourself, the nature of the call and what action is required of the alarm user. Provide a call back telephone number. • When finding it difficult to get business alarm users, try to call early in the morning or later in the evening when more time may be available. • Remember the difference between customer service and citizen service. You are representing the City and the person you are calling expects their government to be very responsive. • Answer the phone pleasantly and maintain a pleasant demeanor while on the phone. • Know the ordinance and all information regarding its compliance. • Keep remarks of the contacts you make in the FAMS notes section. These notes are crucial for future contact of when City officials wish to check on an alarm user citizen account. Note dates for follow-up. • Know what you want to say before returning a call. • Do not do things such as open mail, do paperwork while on the phone. The person you are talking with will know you are distracted. • Before disconnecting the call, one should recap the reason for the call, the resolution provided and that the expectation has been met and caller is satisfied. Citizen Service Representative Team The alarm administration team includes specific roles and specialists: • Alarm Matching Specialist • Customer Care Specialist • Billing and Payment Specialist • Document Specialist DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB IQ DATA PROCESSOR Figure 1 Our Customer Care Team Roles FAMS PROCESS INBOUND MAIL PROCESS PERMITS PROCESS RETURN MAIL PROCESS ALARM COMPANY NEW INSTALLS LOCK BOX PROCESSING UPDATE CONTACTS PROCESS PAYMENTS FOR ALL CITIES REFUND PROCESS GENERATE PROCESS & PRINT INVOICES CHECKS ACCOUNT ADJUSTMENTS RECONCILE CREDIT CARDS MAIL PROCESSOR r I MAKES SCANS Im BILLING SPECIALLST PREDICTIVE DIALER 0 INBOUND PROCESS & OUTBOUND CALLS CANCELLATIONS VIEW BILLS CUSTOMER SERVICE REPRESENTATIVE VOICE MATCH MAILS INCIDENTS STUFFING PROCESS STAMPING MAILING OUTBOUND MAIL DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB REPORTING I ANALYTICS Reporting and Data Management PM AM has a large user community that constantly provides its inputs, PM AM places a special attention to these very important and valuable inputs. As a result, FAMS currently caters to more than 100 reports, all these reports are available to the City alarm administrator and other officials through the administrative web -portal. The ever active user -community of FAMS had expressed a need of having these reports in a format that can be integrated with other reports, for this purposes PM AM has made the majority of the reports available in Microsoft Excel and PDF formats. These as well as future reports are available to the City at no additional cost. We have listed a few reports that we believe are more relevant to the Miami Beach and provides insight on FAMS reporting capability to the City: • Monthly report of all revenue collected and deposited along with its details. Number of permits issued and renewed. • Number of alarm calls including the false alarms by count and site type. • Full alarm history including appeal, reviews and final disposition of the review; • Details of bills generated for permit issuance, renewal, false alarm fines etc.; • Details of fees and fines received for permit issuance, renewal, false alarm fines etc.; • Details of violations/citations issued and collected for failure to obtain a required permit. Listing of alarm users by number, name, address, alarm company or police districts • Outstanding bills with aging of past due balances 30 days, 60 days etc. • Top offenders list with ability to break down by hours, days, months, etc.; DocuSign Envelope ID: 4C7DED49-418A-4101-8622-79C9131D498CB Dashboards and Analytics Reports PM AM's innovative journey of building drillable dashboards started with its first client in 2004. This functionality has since been copied by almost all industry players however cities still enjoy the unique prospective that FAMS presents them through its dashboard and analytical reports. DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB HEARING AND APPEALS SUPPORT FAMS has an intuitive appeals function that has all the information required by the hearing officer. The City has following 2 options for conducting the appeals. In -Person Hearings When a citizen elects the option to have an in -person hearing, the invoice provides the needed information to call FAMS Customer Support, or fill out a form provided on the citizen website and submit it by email or USPS to request the hearing. Alternatively, in cases where the permit may have been revoked due to excessive false alarms, a revocation notice is mailed to the citizen along with the instructions to request an appeal hearing. The FAMS solution provides a function for scheduling appeal hearings that allows the City to schedule the requested hearing in the time slots that the hearing officer has notified FAMS that he or she is available. This is similar to the court docket system. DocuSign Envelope ID 4MED49-418A-4101-8B22-79C9B1D498CB Alternative Process for Appeals by Mail When a citizen elects to appeal, the CSR who takes the information by phone or by mail will submit the appeal request on citizen's behalf for the hearing officer to review at his or her convenience. In the case of both in -person hearings and appeals by phone, the hearing officer enters the appeal decision into the FAMS solution. Once this information has been provided, a FAMS CSR will generate a notice to the contestant providing the appeal's decision. APPEALS HEARING DOCUMENTATION PROCESS j Schedules appeal hearing with FAMS customer service Information for hearing via printed documents or web portals for cities Alarm user receives invoice FAMS sends alarm account data to city officials Decision making made easier at appeal hearing DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB FALSE ALARM REDUCTION PROCESSES PM AM has a 360-degree view of the false alarm problem and it has devised a comprehensive outreach and educational approach to engage citizens as well as business communities. It starts with: Repetitive False Alarm Violators Identification FAMS has specific reports that present repeat offenders who are responsible for high number of false alarms. Outreach by phone calls All false alarm locations receive a courtesy phone call from PM AM educating them about the problem and the steps they can take to avoid future false alarms and avoid financial liabilities. Educational CD In 2007, this approach was modern and innovative. Since its launch by PM AM, the industry has adopted this practice and this engagement strategy is offered by almost all industry -players. The CD educates alarm users about the impact of the false alarms on police resources and how such calls take otherwise limited police resources away from true emergencies. This educational CD is available in English and Spanish languages. The CD is provided by PM AM, at no cost to the City. DocuSign Envelope ID: 4C7DED49-418A4101-8B22-79C9B1D498CB Online False Alarm Academy The False Alarm Academy is an online school that allows your citizens to learn false alarm prevention strategies and complete a test for understanding how to prevent future incidents. The Academy can be established as part of an online process with a secure login/password. PM AM will assist the City so a detailed curriculum and test questions/answers are produced that are relevant to the City's False Alarm Ordinance. DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB PUBLIC SERVICE INFORMATION Citizen Outreach Plan The PMAM outreach team will create a comprehensive citizen outreach plan in coordination with the City staff to create public awareness about the alarm ordinance to the City residents and businesses through multiple channels. The plan will include the following elements: • Public announcements in community newspapers • Water bill inserts • Content of the False Alarm Reduction Academy • Newsletter updates and website content DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB FALSE ALARM CALLS ARE A SERIOUS PROBLEM ,o All alarm users in Miami Beach, TX are required to register their alarms with the City and operate their alarms in an efficient manner. MIAMI BEACH, FL MIAMI BEACHCITY, FL 10 eGovernment Center. https://www.hillsboroughCity.org/ Mailing Address: xxxxxxx, xxxxxxx, xxxxxxx, xxxxxxx Physical Address: xxxxxxx, xxxxxxx, xxxxxxx, xxxxxxx City Hall Annex Address: xxxxxxx, xxxxxxx, xxxxxxx, xxxxxxx City Switchboard: 000-000-000 City TDD: 000-000-000 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB Water Bill Insert All homeowners and business owners within Miami Beach, TX, are required by Resolution #XX-XXXX to register their home and / or business alarm systems. The annual registration fee for a Residential burglary alarm system without a panic alarm system is $XX and is $XX with a panic alarm system. The annual registration fee for a non-residential burglary alarm system without a panic alarm system is $XX and $XX for a hold-up or panic alarm system. Failure to register the alarm system can result in a misdemeanor with fine of up to $XX. To avoid penalty, register your alarm system with Miami Beach, TX, by using one of the following optio is: ONLINE MAIL I RFr;I�ND PAY �NF www.MontgomeryCity.org Miami Be ch, TX [Select Alarm Registration] Al r P og P.O B x XXXXX xxxx xxxx xxxxxxx xx. Miami B ach, TX 68102 DocuSign Envelope ID. 4CMED49-418A-4101-8622-79C981D498CB DATA SECURITY AND RELIABILITY Cyber Security and Service Level Agreements FAMS is a 100% web -based solution and does not require any hardware, peripherals or any foreign- devices to be introduced in the cities secure IT environment. PM AM's False Alarm Management Solution (FAMS) is designed, developed and deployed per the robust and time -proven 256-bit Secured Socket Layer (SSL). SSL ensures an encrypted link between the server and the client and transfers the data using 256-bit encryption. FAMS has an inbuilt mechanism to also support legacy browsers that have limitations and can only work with 128-bit SSL encryption. Access to key menus that are important and considered valuable like billing, payment processing at PM AM's end etc. is further restricted, and such options are only available to known and approved IP addresses. This way, intrusion from unknown IP addresses is restricted. The access to FAMS application is allowed through authenticated login credentials only and the access is available only to authorized users. The user authorization and authentication determines the menus that are available to the user who has logged in through a password verified process. All passwords are first encrypted using the Microsoft certified techniques before these data elements are stored in the database. This way, even the database visibility does not reveal a password. This scheme is applicable to all users with no exceptions. PM AM provides a hosted False Alarm Management solution to the City. The hosting is provided by Rackspace Hosting, a top tier dedicated hosting company located in the United States. The servers are dedicated servers of PM AM with security to provide limited access to approved IP addresses along with other standard security measures like firewall etc. FAMS system availability uptime and responsiveness is directly correlated to DocuSign Envelope ID: 4C7DED49-41S4-4101-0822-78C9B1D498CB Rackspace's leadership in providing optimal data center and application hosting services. Since 2004, FAMS has never experienced a downtime incident. All system updates and upgrades are performed by PM AM staff and are inclusive to the program at no additional fees or costs to the City. Data Security Practices Rackspace follows strict security practices Physical Security • Data center access limited to Rackspace data center technicians • Biometric scanning for controlled data center access • Security camera monitoring at all data center locations • 24x7 onsite staff provides additional protection against unauthorized entry • Unmarked facilities to help maintain low profile • Physical security audited by an independent firm System Security • System installation using hardened, patched OS • System patching configured by Rackspace to provide ongoing protection from exploits • Dedicated firewall and VPN services to help block unauthorized system access • Data protection with Rackspace managed backup solutions • Optional, dedicated intrusion detection devices to provide an additional layer of protection against unauthorized system access • Distributed Denial of Service (DDoS) mitigation services based on our proprietary Rackspace PrevenTierT"" system • Risk assessment and security consultation by Rackspace professional services teams Operational Security— the Rackspace Infrastructure • ISO 17799-based policies and procedures, Regularly reviewed as part of our SAS 70 Type II audit process • All employees trained on documented information security and privacy procedures • Access to confidential information restricted to authorized personnel only, according to documented processes • Systems access logged and tracked for auditing purposes • Secure document -destruction policies for all sensitive information Fully documented change -management procedures DocuSign Envelope ID: 4C7DED49.41844101-8822-79C9B1D498CB Independently audited disaster recovery and business continuity plans in place for Rackspace headquarters and support services Operational Security — Customer's Application Environment • Best practices used in the random generation of initial passwords • All passwords encrypted during transmission and while in storage at Rackspace • Secure media handling and destruction procedures for all customer data • Rackspace Security Services can provide guidance in developing security processes for compliance programs All these processes are responsible for providing a secure and fail-safe private cloud solution to the City. DocuSign Envelope ID: 4C7DED49-418A-4101-8822-79C9B1D498CB TAB 5 REVENUE PROPOSAL APPENDIX B REVENUE PROPOSAL FORM Proposer affirms that the prices stated on the revenue proposal form below represent the entire cost of the items in full accordance with the requirements of this RFP, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Revenue Proposal Form (Appendix B) shall be completed mechanically or, if manually, in ink. Revenue Proposal Forms (Appendix B) completed in pencil shall be deemed non -responsive. All corrections on the Revenue Proposal Form (Appendix B) shall be initialed. The successful proposer will collect all revenues generated in accordance with the City's False Alarm Ordinance. Proposer shall propose a minimum monthly percentage of Gross Revenue, to be paid monthly, showing the fee calculation and supporting payments reconciliation. 1 The estimated amounts stated herein are for calculation purposes only. Actual amounts may be greater or less than the estimated amounts. DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C9B1D498CB RESOLUTION 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 DocuSign Envelope U 4CMED49-418A-4101-8B22-79C961D498CB 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 willingness to 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 ATTEST: x�' MAY 0 2 2023 Rafifel E. Granado, City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 01-/� 3- -3 -a 3 City Attorney � Date a?8 day Dan Gelber, Mayor g INCop 0MTEO' "Ci 1 7g _ DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB Competitive Bid Reports - C2 F MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: 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. 16111 moil.•7 Pursuant to City Ordinance Section 42-81 — 42-92 and Section 50-15, the Citys 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 Citys 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. Page 88 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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 81% 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 Page 89 of 991 DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C9B1D498CB 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. Am ount(s)/Accou nt(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 Ri4ht 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? No Page 90 of 991 DocuSign Envelope ID: 4C71DED49-418A-4101-8B22-79C913ID498CB 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. 1 Page 91 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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 (PGJ 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. 2 Page 92 of 991 DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C9B1D498CB 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. 3 Page 93 of 991 DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C961D498CB 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 perform '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. 4 Page 94 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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. 5.6.1b 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 5 Page 95 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB (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 6 Page 96 of 991 DocuSign Envelope ID: 4CMED49-418A-4101-8622-79C9B1D498CB 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-mi amibeach(@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 JURISDICTIONNENUE/JURY 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 7 Page 97 of 991 DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C9B1 D498CB 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 COWDENTIALITY 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 parry 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 8 Page 98 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8822-79C9B1 D498CB 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 — SPM, 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, 9 Page 99 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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, 10 Page 100 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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 11 Page 101 of 991 DocuSign Envelope U 4C7DED49-418A-4101-8B22-79C9B1D498CB Attn: Dave Moss Email: TO CITY: City of Miami Beach City Manager's Office 1700.Convention Center Drive, 411 Floor Miami Beach, FL 33139 Attn: Alina T. Hudak, City Manager Email: Alin aHudal(c�miamibeachfl.gov WITH A COPY TO: City of Miami Beach Fire Prevention 1701 Meridian Ave., 2nd Floor Miami Beach, FL 33139 Attn: Jeremy Bloomfield, Fire Captain Email: JeremyBloomfield(a)miamibeachfl.gov AND: City of Miami Beach Police Department 1100 Washington Ave. Miami Beach, FL 33139 Attn: Andre Morale Email: AndreMorales6d�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 12 Page 102 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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. 13 Page 103 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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( )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 parry 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, 14 Page 104 of 991 DocuSign Envelope ID: 4MED49-418A-4101-8B22-79C9131 D498CB 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 parry'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 15 Page 105 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B 1 D498CB 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 (13)(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 (13)(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 (B)(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. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 16 Page 106 of 991 DocuSign Envelope ID: 4CMED49-418A-4101-8B22-79C981 D498CB 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: 17 Page 107 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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 18 Page 108 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB 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. 19 Page 109 of 991 DocuSign Envelope ID: 4C7DED49-418A-4101-8B22-79C9B1D498CB • 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. 20 Page 110 of 991 DocuSign Envelope ID: 4C7DED49418A-4101-8B22-79C9B1D498CB estimated amounts. EXHIBIT B REVENUE COST PROPOSAL FORM 21 Page 111 of 991