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HomeMy WebLinkAbout04-17-2012 c6 request proposals police fire alarm tracking billing servicescounci lagenOa RepoIt C I T Y O F S A N L U I S O B I S P O FROM : Stephen Gesell, Chief of Polic e Prepared By : Sean Gillham, Administrative Sergean t SUBJECT : REQUEST FOR PROPOSALS FOR POLICE AND FIRE ALAR M TRACKING AND BILLING SERVICE S RECOMMENDATIO N 1.Authorize staff to submit a request for proposal for Police and Fire Alarm Tracking an d Billing Services (Specification No . 91155) for fiscal years 2012-15 . 2.Authorize the City Manager to execute an agreement for services . DISCUSSIO N Backgroun d In 2007, the City conducted a Request for Proposal (RFP) for Police alarm tracking and billing services . Through this competitive process the contract was awarded to Public Safet y Corporation CryWolf The contract with Public Safety Corporation CryWolf is due to expir e June 30, 2012 . Staff is requesting to conduct an RFP in order to select a vendor for a contrac t term starting July 1, 2012 to June 30, 2015 . In 2011, the Police Department received 1,470 alarm calls for service . 388 of these calls wer e cancelled by the alarm company before the Police Officers arrived . 1,063 of these calls wer e referred to Public Safety Corporation for tracking and billing . Addresses that had three or mor e false alarms were billed a service fee for the Police response . The purpose of the service fee is t o prompt the business to take corrective action and prevent excessive false alarms . The following table shows the current service fees for Police responses to False Alarms : Excessive Alarms Fee 3rd false alarm in 12-month period $7 5 4 `h $12 75th$20 8 6 th $37 6 7 th or more $574 While the bulk of false alarms are Police related, the Fire Department also responds to a significant number of false fire alarms . There are currently 1,826 premises in the City with a fire alarm permit . The current fee for two false fire alarms in 30 days, or th r ee false alarms in an y 360 day period, is $508 .00 . For nearly two years there has been no billing or tracking of fals e Meeeue Dam 4-17-1 2 Item Number C6 C6-1 Alarm Tracking and Billing Service - Specification No . 91155 Page 2 fire alarms . The duty of false fire alarm tracking had been performed by a Fire Inspecto r III/Investigator who retired in 2010 . As part of the budget reductions the Fire Inspector III an d one supporting administrative staff position were eliminated . At that time, the inclusion of th e false fire alarms was not transferred to Public Safety Corporation due to an administrativ e oversight ; however that is now being corrected . If false alarms would have been billed in 2011 , staff estimates that this would have resulted in collected revenue for approximately 48 fals e alarms . In House Optio n Based on the number of alarm permits and false alarm responses, the amount of staff tim e required to administer the alarm program would be significant and the workload too great to b e absorbed with either existing staff or volunteers . In addition, the City does not currently have th e appropriate software necessary for such a program . Therefore, staff recommends continuing th e administration of the police and fire alarm programs with a contractor selected through a competitive bid process . Furthermore, the alarm tracking industry continues to evolve and improve in response to th e needs of municipalities . Many companies utilize web-based solutions that allow alarm users to pay fees, maintain their account, and view their activity on-line . Staff believes it would b e prudent to continue using a contractor for alarm tracking/billing services to ensure the City i s providing the best service possible to our community . CONCURRENCE S The Fire Chief and Finance Director concur with the recommendation . FISCAL IMPAC T Funding currently exists in the Police Department budget for false alarm billing services . Typically, consultants require a percentage of revenue collected as their fee for service . Wit h Public Safety Corporation, this equated to 23%; the Police Department budgeted $32,70 0 annually for this recognizing that the amount of revenue may vary from year to year dependin g on compliance . The chart below depicts annual revenue received from false alarm fees an d permits collected over the past four fiscal years . Revenue generated from these fees offsets th e expenditure ; so as a result, the actual amount realized would equal revenues less any costs pai d for the services . Police Revenue – False Alarm/Permit Billin g Year Gross Revenue Collecte d 2007-08 $107,00 0 2008-09 $124,70 0 2009-10 $125,00 0 2010-11 $112,500 Alarm Tracking and Billing Service - Specification No . 91155 Page 3 Since these types of services have not been conducted for Fire Department for several years, staf f will need to create an expenditure account for false alarm billing services . The expenditure wil l be offset by any revenue generated by the false alarm fees collected for the Fire Department . ALTERNATIVE S Delay the RFP and further research in-house options .Staff does not recommend thi s alternative . If Council is interested in administering the alarm services using City staff rathe r than contract, staff would conduct additional research and evaluation to determine the staf f and technology resources needed for the program . Staff resources are not currently availabl e to administer the program so additional personnel would be needed . Additional analysis i s necessary to determine if the additional costs of administering the service would be off-set b y the amount of income generated . 2 .Do not initiate the RFP process and negotiate a new contract with Public Safet y Corporation .This option is not recommended . The City has contracted with Public Safet y Corporation for nearly five years . Although the Police Department has been very satisfie d with their service, periodic surveying of the market is necessary to ensure that the Cit y continues to receive the best value in purchasing services . ATTACHMENT S 1.Alarm Tracking Service Request for Proposal Specification No . 9115 5 2.San Luis Obispo Municipal Code Chapter 15 .12 — Alarm System s T:\Council Agenda Reports\2012\2012-04-17\RFP Alarm Tracking (Gesell-Gillham)\CAR Alarm Tracking and Billing .docx A city o fgilmssan tuts oB1sp o 990 Palm Street ■San Luis Obispo,CA 9340 1 Notice Requesting Proposals fo r Alarm Tracking Service s The City of San Luis Obispo is requesting sealed proposals for contract services in connection with th e alarm ordinance, including tracking, billing, collection, notices, and standby updates pursuant t o Specification No . 91155 . All proposals must be received by the Finance Division by 3 :00pm on May 16 , 2012 when they will be opened publicly in the City Hall Council Chambers, 990 Palm Street, San Lui s Obispo, CA 93401 . Proposals received after said time will not be considered. To guard against premature opening, eac h proposal shall be submitted to the Finance Division in a sealed envelope plainly marked with the proposa l title, specification number, bidder name, and time and date of the proposal opening . Proposals shall b e submitted using the forms provided in the specification package . Specification packages may be obtained on the City of San Luis Obispo's website,www .slocity .org and clicking on "Bids & Proposals" on the left sidebar . Any questions pertaining to the Alarm Trackin g proposal can be directed to Sergeant Sean Gillham with the San Luis Obispo Police Department a t sgillham@slocity .org . The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities . Telecommunications Device for the Deaf (805) 781-7410 . C6-4 S • ecification No . 9115 5 TABLE OF CONTENTS 1 2 A.Description of Wor k B.General Terms and Condition s Proposal Requirement s Contract Award and Executio n Contract Performanc e C.Special Terms and Condition s Contract Term Contract Extensio n Estimated Quantitie s Supplemental Service s Contractor Invoice s Non-Exclusive Contrac t Start and Completion of Wor k Liquidated Damage s Change in Work Submittal of Reference s Statement of Contract Disqualification s Proposal Conten t Proposal Evaluation and Selection Proposal Review and Award Schedul e Ownership of Material s Release of Reports and Informatio n Copies of Reports and Information Required Deliverable Product s Attendance at Meetings and Hearing s Alternative Proposal s Accuracy of Specification s D.Agreement E.Insurance Requirement s Proposal Submittal Form Description of Work/Detail Proposal Submittal For m Reference s Statement of Past Contract Disqualification 7 1 1 1 3 1 5 1 6 1 7 18 Section A DESCRIPTION OF WOR K The City is requesting proposals for the service of an alarm tracking Management Company, whic h includes, but is not limited to, the following features : 1.Deploy a software package that maintains and tracks false alarm data and generate related report s 2.Send alarm permit applications for renewal s 3.Send alarm permit applications to residents and businesses who may have alarms but are no t registered with the San Luis Obispo Police or San Luis Obispo Fire Department s 4.Download call data within three days of receip t 5.Send letters and invoices to the residences/businesses for false alarms as per ordinanc e 6.Follow up with the default residents/businesses who have not paid their fees by the due dat e 7.Collect fees and engage collection agency for unpaid fee s 8.Reconcile accounts daily, weekly, or monthly, as specifie d 9.Identify the top 1%-5% of residents/businesses that have been responsible for the maximum fals e alarm calls and send them the required material to increase awareness of the false alarm reductio n program . 10.Respond timely to all queries from citizens and businesse s 11.Provide required infonnation and reports to the San Luis Obispo Police or San Luis Obispo Fir e Departments and other City officials on a regular basis . 12.Track new and existing permit s 13.Provide self-service login capability by the homeowners and businesses to maintain their accoun t and view alarm activity 14.Provide detailed invoice generation, which will have the history of all false alarms at the locatio n -1- C6-6 Section B GENERAL TERMS AND CONDITION S PROPOSAL REQUIREMENT S 1.Requirement to Meet All Provisions .Each individual or firm submitting a proposal (bidder ) shall meet all of the teens, and conditions of the Request for Proposals (RFP) specification s package . By virtue of its proposal submittal, the bidder acknowledges agreement with an d acceptance of all provisions of the RFP specifications . 2.Proposal Submittal . Each proposal must be submitted on the form(s) provided in th e specifications and accompanied by any other required submittals or supplemental materials . Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401 . In order to guard against premature opening, the proposal should be clearly labeled with th e proposal title, specification number, name of bidder, and date and time of proposal opening . N o FAX submittals will be accepted . 3. Insurance Certificate .Each proposal must include a certificate of insurance showing : The insurance carrier and its A .M . Best rating . Scope of coverage and limits . Deductibles and self-insured retention . The purpose of this submittal is to generally assess the adequacy of the bidder's insuranc e coverage during proposal evaluation ; as discussed under paragraph 12 below, endorsements ar e not required until contract award . The City's insurance requirements are detailed in Section E . 4.Proposal Quotes and Unit Price Extensions .The extensions of unit prices for the quantitie s indicated and the lump sum prices quoted by the bidder must be entered in figures in the space s provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures . Th e Proposal Submittal Form(s) must be totally completed . If the unit price and the total amoun t stated by any bidder for any item are not in agreement, the unit price alone will be considered a s representing the bidder 's intention and the proposal total will be corrected to conform to th e specified unit price . 5.Proposal Withdrawal and Opening .A bidder may withdraw its proposal, without prejudic e prior to the time specified for the proposal opening, by submitting a written request to th e Director of Finance for its withdrawal, in which event the proposal will be returned to the bidde r unopened . No proposal received after the time specified or at any place other than that stated i n the "Notice Inviting Bids/Requesting Proposals" will be considered . All proposals will be opene d and declared publicly . Bidders or their representatives are invited to be present at the opening o f the proposals . 6.Submittal of One Proposal Only .No individual or business entity of any kind shall be allowe d to make or file, or to be interested in more than one proposal, except an alternative proposal whe n specifically requested ; however, an individual or business entity that has submitted a sub - proposal to a bidder submitting a proposal, or who has quoted prices on materials to such bidder , is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals . a . b . c . -2- C6-7 7.Cooperative Purchasing .During the term of the contract, the successful bidder will extend al l terms and conditions to-any other local governmental agencies upon their request . These agencie s will issue their own purchase orders, will directly receive goods or services at their place o f business and will be directly billed by the successful bidder . 8.Communications .All timely requests for information submitted in writing will receive a writte n response from the City . Telephone communications with City staff are not encouraged, but wil l be permitted . However, any such oral communication shall not be binding on the City . CONTRACT AWARD AND EXECUTIO N 9.Proposal Retention and Award .The City reserves the right to retain all proposals for a perio d of 60 days for examination and comparison . The City also reserves the right to waiv e non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete on e part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations . See the "special terms and conditions" in Section C of these specifications fo r proposal evaluation and contract award criteria . 10.Competency and Responsibility of Bidder .The City reserves full discretion to determine th e competence and responsibility, professionally and/or financially, of bidders . Bidders will provide , in a timely manner, all information that the City deems necessary to make such a decision . 11.Contract Requirement .The bidder to whom award is made (Contractor) shall execute a writte n contract with the City within ten (10) calendar days after notice of the award has been sent b y mail to it at the address given in its proposal . The contract shall be made in the form adopted b y the City and incorporated in these specifications . 12.Insurance Requirements .The Contractor shall provide proof of insurance in the form , coverages and amounts specified in Section E of these specifications within 10 (ten) calenda r days after notice of contract award as a precondition to contract execution . 13.Business Tax &License .The Contractor must have a valid City of San Luis Obispo business ta x certificate and license before execution of the contract . Additional information regarding th e City's business tax and license program may be obtained by calling (805) 781-7134 . CONTRACT PERFORMANC E 14.Ability to Perform .The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry ou t and complete the work hereunder in compliance with any and all federal, state, county, city, an d special district laws, ordinances, and regulations . 15.Laws to be Observed .The Contractor shall keep itself fully informed of and shall observe an d comply with all applicable state and federal laws and county and City of San Luis Obisp o ordinances, regulations and adopted codes during its performance of the work . 16. Payment of Taxes .The contract prices shall include full compensation for all taxes that th e Contractor is required to pay . 17. Permits and Licenses .The Contractor shall procure all permits and licenses, pay all charges an d fees, and give all notices necessary . -3- C6-8 18. Safety Provisions .The Contractor shall conform to the rules and regulations pertaining to safet y established by OSHA and the California Division of Industrial Safety . 19.Public and Employee Safety. Whenever the Contractor's operations create a condition hazardou s to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and tak e such other protective measures as are necessary to prevent accidents or damage or injury to th e public and employees . 20.Preservation of City Property .The Contractor shall provide and install suitable safeguards , approved by the City, to protect City property from injury or damage . If City property is injure d or damaged resulting from the Contractor's operations, it shall be replaced or restored at th e Contractor's expense . The facilities shall be replaced or restored to a condition as good as whe n the Contractor began work . 21.Immigration Act of 1986 .The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the Unite d States pursuant to the Immigration Reform and Control Act of 1986 and other applicable law s shall be employed in the performance of the work hereunder . 22.Contractor Non-Discrimination .In the performance of this work, the Contractor agrees that i t will not engage in, nor permit such subcontractors as it may employ, to engage in discriminatio n in employment of persons because of age, race, color, sex, national origin or ancestry, sexua l orientation, or religion of such persons . 23.Work Delays . Should the Contractor be obstructed or delayed in the work required to be don e hereunder by changes in the work or by any default, act, or omission of the City, or by strikes , fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, o r labor due to federal government restrictions arising out of defense or war programs, then the tim e of completion may, at the City's sole option, be extended for such periods as may be agreed upo n by the City and the Contractor. In the event that there is insufficient time to grant such extension s prior to the completion date of the contract, the City may, at the time of acceptance of the work , waive liquidated damages that may have accrued for failure to complete on time, due to any o f the above, after hearing evidence as to the reasons for such delay, and making a finding as to th e causes of same . 24.Payment Terms .The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by th e Contractor (Net 30). 25.Inspection .The Contractor shall furnish City with every reasonable opportunity for City t o ascertain that the services of the Contractor are being performed in accordance with th e requirements and intentions of this contract . All work done and all materials furnished, if any , shall be subject to the City's inspection and approval . The inspection of such work shall no t relieve Contractor of any of its obligations to fulfill its contract requirements . 26.Audit .The City shall have the option of inspecting and/or auditing all records and other writte n materials used by Contractor in preparing its invoices to City as a condition precedent to an y payment to Contractor . 27. Interests of Contractor .The Contractor covenants that it presently has no interest, and shall no t acquire any interest direct, indirect or otherwise that would conflict in any manner or degre e -4- C6-9 with the performance of the work hereunder . The Contractor further covenants that, in th e • performance of this work, no subcontractor or person having such an interest shall be employed . The Contractor certifies that no one who has or will have any financial interest in performing thi s work is an officer or employee of the City . It is hereby expressly agreed that, in the performanc e of the work hereunder, the Contractor shall at all times be deemed an independent contractor an d not an agent or employee of the City . 28.Hold Harmless and Indemnification .The Contractor agrees to defend,indemnify, protect an d hold the City and its agents, officers and employees harmless from and against any and al l claims asserted or liability established for damages or injuries to any person or property , including injury to the Contractor's employees, agents or officers that arise from or ar e connected with or are caused or claimed to be caused by the acts or omissions of th e Contractor, and its agents, officers or employees, in performing the work or services herein , and all expenses of investigating and defending against same ; provided, however, that th e Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents , officers or employees . 29.Contract Assignment .The Contractor shall not assign, transfer, convey or otherwise dispose o f the contract, or its right, title or interest, or its power to execute such a contract to any individua l or business entity of any kind without the previous written consent of the City . 30.Termination .If, during the term of the contract, the City determines that the Contractor is no t faithfully abiding by any term or condition contained herein, the City may notify the Contracto r in writing of such defect or failure to perform . This notice must give the Contractor a 10 (ten ) calendar day notice of time thereafter in which to perform said work or cure the deficiency . If the Contractor has not performed the work or cured the deficiency within the ten days specifie d in the notice, such shall constitute a breach of the contract and the City may terminate the contrac t immediately by written notice to the Contractor to said effect . Thereafter, neither party shall hav e any further duties, obligations, responsibilities, or rights under the contract except, however, an y and all obligations of the Contractor's surety shall remain in full force and effect, and shall not b e extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performe d from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from suc h breach . "Reasonable value" includes fees or charges for goods or services as of the last mileston e or task satisfactorily delivered or completed by the Contractor as may be set forth in th e Agreement payment schedule ; compensation for any other work, services or goods performed o r provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope . The City reserves the right to delay any such payment until completion or confirme d abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs . In no event, however, shall the Contractor be entitled t o receive in excess of the compensation quoted in its proposal . -5- C6-10 Section C SPECIAL TERMS AND CONDITION S 1 .Contract Term .The supplies or services identified in these specifications will be used by th e City between July 1, 2012 and June 30, 2015 . The prices quoted for these items must be valid fo r the entire period indicated above unless otherwise conditioned by the bidder in its proposal . Contract Extension .The term of the contract may be extended by mutual consent on an annual basis . During this extended period, unit prices may not be increased by more than the percentage change in the US consumer price index for All Urban Consumers (CPI-U). 3.Estimated Quantities .The quantities indicated in the Detail Proposal Submittal Form ar e estimates based on past reporting experience . Actual quantities reported during the period of thi s contract may vary from these estimated amounts as required by the City . 4.Supplemental Purchases .Supplemental services may be made from the successful bidder durin g the contract term in addition to the items listed in the Detail Proposal Submittal Form . For thes e supplemental services, the bidder shall not offer prices to the City in excess of the amount s offered to other similar customers for the same item . If the bidder is willing to offer the City a standard discount on all supplemental services from its generally prevailing or published pric e structure during the contract term, this offer and the amount of discount on a percentage basi s should be provided with the proposal submittal . 5.Contractor Invoices .The Contractor shall deliver a monthly invoice to the City, itemized by u p to 20 cost centers, with attached copies of work order forms or detail invoices (standard color o r copy to be agreed upon) as supporting detail . 6.Non-Exclusive Contract .The City reserves the right to purchase the items listed in the Detai l Proposal Submittal Form, as well as any supplemental items, from other vendors during th e contract term. 7. Start and Completion of Work .Work on this project shall begin within 10 calendar days afte r contract execution and shall continue throughout the term of this contract . 8.Liquidated Damages . In the event that the bidder does not meet the work completion dat e specified in its proposal, the award amount shall be reduced in the amount of one hundred dollar s [$100 .00] per calendar day for each day that exceeds the completion date specified in the bidder's proposal . As the delay in the completion of work could seriously affect the public and th e efficient operation of the City to an extent incapable of precise calculation, said reduction i s established as the nearest measure of damages for such delay that can be fixed at this time, and i s not established as a penalty or forfeiture for the breach of agreement to complete the work . Sai d reductions may be invoked if completion of work exceeds the specified time for any reason . 9.Change in Work . The City reserves the right to change quantities of any item after contrac t award . If the total quantity of any changed item varies by 25% or less, there shall be no change i n the agreed upon unit price for that item . Unit pricing for any quantity changes per item in exces s of 25% shall be subject to negotiation with the Contractor . 10. Submittal of References . Each bidder shall submit a statement of qualifications and reference s on the form provided in the RFP package . -6- C6-11 11.Statement of Contract Disqualifications .Each bidder shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RF P package . 12. Proposal Content .Your proposal must include the following information : Submittal Form s a.Proposal submittal summary . b.Certificate of insurance . c.References from at least three firms for whom you have provided similar services . Qualifications a.Experience of your firm in performing similar services . b.Resumes of the individuals who would be assigned to this project, including any sub - consultants . c.Standard hourly billing rates for the assigned staff, including any sub-consultants . d.Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project . Work Progra m a.Description of your approach to completing the work . b.Tentative schedule by phase and task for completing the work . c.Estimated hours for your staff in performing each major phase of the work, includin g sub-consultants . d.Services or data to be provided by the City . e.Any other information that would assist us in making this contract award decision . Compensation a . Proposed compensation and payment schedule tied to accomplishing key tasks . Proposal Length and Copie s a.Proposals should not exceed five pages, including attachments and supplementa l materials . b.Three copies of the proposal must be submitted . 14 . Proposal Evaluation and Selection .Proposals will be evaluated by a review committee based o n the following criteria : a.Understanding of the work required by the City . b.Quality, clarity and responsiveness of the proposal . c.Demonstrated competence and professional qualifications necessary for successfull y performing the work required by the City . d.Recent experience in successfully performing similar services . e.Proposed approach in completing the work . f.References . g.Background and related experience of the specific individuals to be assigned to thi s project . -7- C6-12 h . Proposed compensation . As reflected above, contract award will not be based solely on price, but on a combination o f factors as determined to be in the best interest of the City . After evaluating the proposals an d discussing them further with the finalists or the tentatively selected contractor, the City reserve s the right to further negotiate the proposed work and/or method and amount of compensation . 15 . Proposal Review and Award Schedule .The following is an outline of the anticipated schedul e for proposal review and contract award : a .Issue RFP April 18, 201 2 b .Receive proposals May 16, 201 2 c .Complete proposal evaluation May 30, 201 2 d .Finalize staff recommendation June 6, 201 2 e .Award contract June 13, 201 2 f.Execute contract June 13, 201 2 g .Start work July 1, 2012 16.Ownership of Materials .All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shal l become the permanent property of the City, and shall be delivered to the City upon demand . 17.Release of Reports and Information .Any reports, information, data, or other material given to , prepared by or assembled by the Contractor as part of the work or services under thes e specifications shall be the property of City and shall not be made available to any individual o r organization by the Contractor without the prior written approval of the City . 18.Copies of Reports and Information .If the City requests additional copies of reports, drawings , specifications, or any other material in addition to what the Contractor is required to furnish i n limited quantities as part of the work or services under these specifications, the Contractor shal l provide such additional copies as are requested, and City shall compensate the Contractor for th e costs of duplicating of such copies at the Contractor's direct expense . 19. Required Deliverable Products .The Contractor will be required to provide : a . Three copies of the proposal addressing all elements of the workscope . City staff wil l review any documents or materials provided by the Contractor and, where necessary, th e Contractor will be required to respond to staff comments and make such changes a s deemed appropriate . One camera-ready original, unbound, each page printed on only one side, including an y original graphics in place and scaled to size, ready for reproduction . c . When computers have been used to produce materials submitted to the City as a part o f the workscope, the Contractor must provide the corresponding computer files to the City , compatible with the following programs whenever possible unless otherwise directed b y the project manager : •Word Processing Wor d •Spreadsheets Excel •Desktop Publishing CorelDraw, PageMake r •Computer Aided Drafting (CAD)AutoCA D -8- C6-1 3 Computer files must be on a compact disc (CD), formatted for use on IBM-compatibl e systems . Each compact disc must be clearly labeled and have a printed copy of the directory. Alternatively, files may be emailed to the City . 21.Attendance at Meetings and Hearings .As part of .the workscope and included in the contract price is attendance by the Contractor at up to two public meetings to present and discuss it s findings and recommendations . Contractor shall attend as many "working" meetings with staff a s necessary in performing workscope tasks . 22.Alternative Proposals .The proposer may submit an alternative proposal (or proposals) that i t believes will also meet the City's project objectives but in a different way . In this case, th e proposer must provide an analysis of the advantages and disadvantages of each of th e alternatives, and discuss under what circumstances the City would prefer one alternative to th e other(s). If an alternative proposal is submitted, the maximum length of the proposal may b e expanded proportionately by the number of alternatives submitted . 23.Accuracy of Specifications .The specifications for this project are believed by the City to b e accurate and to contain no affirmative misrepresentation or any concealment of fact . Bidders ar e cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specification s package . In preparing its proposal, the bidder and all subcontractors named in its proposal shal l bear sole responsibility for proposal preparation errors resulting from any misstatements o r omissions in the plans and specifications that could easily have been ascertained by examinin g either the project site or accurate test data in the City's possession . Although the effect o f ambiguities or defects in the plans and specifications will be as determined by law, any paten t ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal . Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder . An ambiguity or defect shall be considered patent if it is of such a nature that the bidder , assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect . Furthermore, failure of the bidder or subcontractors to notif y City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal . To the extent that these specifications constitute performance specifications, the City shall not b e liable for costs incurred by the successful bidder to achieve the project's objective or standar d beyond the amounts provided there for in the proposal . In the event that, after awarding the contract, any dispute arises as a result of any actual or allege d ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contracto r shall immediately notify the City in writing, and the Contractor and all subcontractors shal l continue to perform, irrespective of whether or not the ambiguity or defect is major, material , minor or trivial, and irrespective of whether or not a change order, time extension, or additiona l compensation has been granted by City . Failure to provide the hereinbefore described written notice within one (1) working day of contractor's becoming aware of the facts giving rise to th e dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguit y in the plans or specifications concerning the dispute . -9- C6-14 Section D FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by an d between the CITY OF SAN LUIS OBISPO, a municipal corporation,. hereinafter referred to as City, and [CONTRACTOR'S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor . WITNESSETH : WHEREAS, on [date], City requested proposals for contract services in connection with the Alar m Ordinance, per Specification No . 9115 5 WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for sai d services, NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafte r contained, the parties hereto agree as follows : 1. TERM . The term of this Agreement shall be from the date this Agreement is made and entered, a s first written above, until acceptance or completion of said services . 2. INCORPORATION BY REFERENCE .City Specification No . 91155 and Contractor's proposa l dated [date], are hereby incorporated in and made a part of this Agreement . 3. CITY'S OBLIGATIONS .For providing services as specified in this Agreement, City will pa y and Contractor shall receive therefore payments based upon the actual quantities administered by Contractor . 4.CONTRACTOR'S OBLIGATIONS .For and in consideration of the payments and agreement s hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide services a s described in Exhibit [ ] attached hereto and incorporated into this Agreement . 5. AMENDMENTS .Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Chief of Police of the City . 6.COMPLETE AGREEMENT . This written Agreement, including all writings specificall y incorporated herein by reference, shall constitute the complete agreement between the parties hereto . No ora l agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be o f -10 - C6-15 any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the partie s hereto . 7. NOTICE.All written notices to the parties hereto shall be sent by United States mail, postag e prepaid by registered or certified mail addressed as follows : City City Clerk City of San Luis Obisp o 990 Palm Stree t San Luis Obispo, CA 9340 1 Contractor Nam e Addres s 8.AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that eac h individual executing this agreement on behalf of each party is a person duly authorized and empowered to execut e Agreements for such party . IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and yea r first above written . ATTEST : CITY OF SAN LUIS OBISP O By : City Clerk City Manage r APPROVED AS TO FORM : CONTRACTO R By : City Attorney -11 - C6-16 Section E INSURANCE REQUIREMENT S Contractor Services The Contractor shall procure and maintain for the duration of the contract insurance against claims fo r injuries to persons or damages to property which may arise from or in connection with the performance o f the work hereunder by the Contractor, its agents, representatives, employees or subcontractors . Minimum Scope of Insurance .Coverage shall be at least as broad as : 1 .- Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2.Insurance Services Office form number CA 0001 (Ed . 1/87) covering Automobile Liability, cod e 1 (any auto). 3.Workers' Compensation insurance as required by the State of California and Employer's Liabilit y Insurance . 4.Errors and Omissions Liability insurance as appropriate to the consultant's profession . Minimum Limits of Insurance .Contractor shall maintain limits no less than : 1.General Liability : $1,000,000 per occurrence for bodily injury, personal injury and property damage . If Commercial General Liability or other form with a general aggregate limit is used , either the general aggregate limit shall apply separately to this project/location or the genera l aggregate limit shall be twice the required occurrence limit . 2.Automobile Liability : $1,000,000 per accident for bodily injury and property damage . 3.Employer's Liability : $1,000,000 per accident for bodily injury or disease . 4.Errors and Omissions Liability : $1,000,000 per occurrence . Deductibles and Self-Insured Retentions .Any deductibles or self-insured retentions must be declared t o and approved by the City . At the option of the City, either : the insurer shall reduce or eliminate suc h deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers ; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, clai m administration and defense expenses . Other Insurance Provisions . The general liability and automobile liability policies are to contain, or b e endorsed to contain, the following provisions : 1.The City, its officers, officials, employees, agents and volunteers are to be covered as insureds a s respects : liability arising out of activities performed by or on behalf of the Contractor ; product s and completed operations of the Contractor ; premises owned, occupied or used by the Contractor ; or automobiles owned, leased, hired or borrowed by the Contractor . The coverage shall contai n no special limitations on the scope of protection afforded to the City, its officers, official , employees, agents or volunteers . 2.For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers . Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents o r volunteers shall be excess of the Contractor's insurance and shall not contribute with it . 3.The Contractor's insurance shall apply separately to each insured against whom claim is made o r suit is brought, except with respect to the limits of the insurer's liability . -12 - C6-17 4 . Each insurance policy required by this clause shall be endorsed to state that coverage shall not b e suspended, voided, canceled by either party, reduced in coverage .or in limits except after thirt y (30) days' prior written notice by certified mail, return receipt requested, has been given to th e City . Acceptability of Insurers .Insurance is to be placed with insurers with a current A .M . Best's rating of n o less than A :VII . Verification of Coverage .Contractor shall furnish the City with a certificate of insurance showin g maintenance of the required insurance coverage. Original endorsements effecting general liability an d automobile liability coverage required by this clause must also be provided . The endorsements are to b e signed by a person authorized by that insurer to bind coverage on its behalf . All endorsements are' to b e received and approved by the City before work commences . -13 - C6-18 PROPOSAL SUBMITTAL FOR M The undersigned declares that she or he has carefully examined Specification No . 91155, which is hereb y made a part of this proposal ; is thoroughly familiar with its contents ; is authorized to represent the proposing finn; and agrees to perform the specified work for the following cost quoted in full : BID ITEM : Alarm Tracking & Billing Servic e Initiation of service to the City to be within ten calendar days after contract execution and writte n authorization to proceed . q Certificate of insurance attached ; insurance company 's A .M . Best rating : Firm Name and Addres s Total Base Pric e Ta x Other (provide detail below ) TOTAL Phon eContact SignatureofAuthorizedRepresentative Dat e -14 - C6-19 Descri • tion of Work/Detail Pro • osal Submittal For m The City is requesting proposals for the following services : 1.Deploy a software package that maintains and tracks false alarm data and generate related report s 2.Send alarm permit applications for renewal s 3.Send alarm permit applications to residents and businesses who may have alarms but are not registered with the San Luis Obispo Police or San Luis Obispo Fire Department s 4.Download call data within three days of receip t 5.Send letters and invoices to the residences/businesses for false alarms as per ordinanc e 6.Follow up with the default residents/businesses who have not paid their fees by the due dat e 7.Collect fees and engage collection agency for unpaid fee s 8.Reconcile accounts daily, weekly, or monthly, as specifie d 9.Identify the top 1%-5% of residents/businesses that have been responsible for the maximum fals e alarm calls and send them the required material to increase awareness of the false alarm reductio n program . 10.Respond timely to all queries from citizens and businesse s 11.Provide required information and reports to the San Luis Obispo Police or San Luis Obispo Fir e Departments and other City officials on a regular basis . 12.Track new and existing permit s 13.Provide self-service login capability by the homeowners and businesses to maintain their accoun t and view alarm activit y 14.Provide detailed invoice generation, which will have the history of all false alarms at the locatio n -15 - C6-20 REFERENCE S Number of years engaged in providing the services included within the scope of the specifications unde r the present business name : Describe fully the last three contracts performed by your firm that demonstrate your ability to provide th e services included with the scope of the specifications . Attach additional pages if required . The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications . Reference No .1 Customer Name Contact Individua l Telephone & FAX numbe r Street Address City, State, Zip Cod e Description of services provide d including contract amount, whe n provided and project outcome Reference No .2 Customer Name Contact Individua l Telephone & FAX numbe r Street Address City, State, Zip Cod e Description of services provide d including contract amount, whe n provided and project outcom e Reference No .3 Customer Name Contact Individua l Telephone & FAX numbe r Street Addres s City, State, Zip Cod e Description of services provide d including contract amount, whe n provided and project outcome -16 - C6-2 1 STATEMENT OF PAST CONTRACT DISQUALIFICATION S The bidder shall state whether it or any of its officers or employees who have a proprietary interest in it , has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal , state, or local government project because of the violation of law, a safety regulation, or for any othe r reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances . Do you have any disqualification as described in the above paragraph to declare ? Yes q No q If yes, explain the circumstances . Executed on at under penalt y of perjury of the laws of the State of California, that the foregoing is true and correct . Signature of Authorized Bidder Representative -17 - C6-22 BIDDERS LIS T ALARM TRACKING SERVICE—SPECIFICATION NO . 9115 5 AOT Public Safety Corporatio n CryWol f 3261 Old Washington Rd ., #201 1 Waldorf MD 2060 2 Phone 877 .729 .9654 x l O l Fax 301 .638 .9319 PMAM Corporatio n ATB (Alarm Tracking & Billing ) 222 W . Las Colinas Blvd ., #1044E Irving TX 7503 9 Phone 972 .831 .7406 Fax 972 .831 .749 9 False Alarm Solution s 13200 W . Newberry Road, #W13 2 Newberry FL 3266 9 Phone 800 .551 .080 6 Fax 352 .224 .1297 Phoenix Group 2670 N . Main St ., Suite 20 0 Santa Ana CA 9220 5 Phone 714 .460 .7200 Fax 714 .384 .015 1 Municipal Alarm Trackin g P .O . Box 249 0 Valley Center CA 92082-056 0 Phone 800 .749 .966 9 Fax 760 .749 .8549 ATB Services Alarm Tracking and Billin g P .O . Box 26364 Colorado Springs, CO 8093 6 Phone 800 .861 .5944 Michael@atbservices .com Chapter 15 .1 2 ALARM SYSTEM S Sections : 15 .12 .010 Purpose . 15 .12 .020 Definitions . 15 .12 .030 Alarm system standards . 15 .12 .040 Alarm business standards . 15 .12 .050 Alarm use standards . 15 .12 .060 Enforcement and appeals . 15 .12 .010 Purpose . The purpose of this chapter is to reduce false alarms and to regulate burglary , robbery, fire and fire protection and medical attention alarm systems, and alar m businesses, agents and users . (Ord . 1162 § 2 (part), 1990 ) 15 .12 .020 Definitions . For the purposes of this chapter, words and phrases used in this chapter are define d as follows : A. "Alarm agent" means a person employed by an alarm business, either directly o r indirectly, whose duties include selling, leasing, altering, installing, maintaining, moving , repairing, replacing, servicing, responding to or monitoring an alarm system, or a perso n who manages or supervises a person employed by an alarm business to perform any o f the duties described herein . B . "Alarm business" means any business held by an individual, partnership , corporation or other entity for the purpose of selling, leasing, altering, installing , maintaining, moving, repairing, replacing, servicing, responding to or monitoring an y alarm system in a building, structure or facility . C . "Alarm system" means any mechanical or electronic device or series of device s which transmits a signal or message, either directly or indirectly, to the emergenc y dispatch center, or which emits an audible or visual signal at the alarm location, an d which is designed to : 1.Detect unauthorized entry into any building, structure or facility ; 2.Signal the occurrence of an unlawful act upon the premises ; 3.Detect a fire, or detect activation, equipment problems or the malfunction of a fire protection system ; 4.Detect a hazardous material leak or system malfunction ; o r 5.Signal the need for medical attention . For purposes of this chapter, devices operated by the city or devices which are not designed or used to register alarms that are audible, visible or perceptible outside of th e protected premises are not included within the meaning of alarm system . D . "Alarm user" means the person, firm, partnership, association, corporation o r organization of any kind that owns, leases, rents, uses or makes available for use by it s agents, employees, representatives or family any alarm system . E . "Chief of police" means the chief of police of the city of San Luis Obispo, or his/he r designated representative . F . "City" means the city of San Luis Obispo . G . "Day" means calendar day . H . "Department head" means the chief of police, the fire chief or their designate d representatives . C6-24 I."Direct dial system" means an alarm system which is connected to a telephone lin e and, upon activation of an alarm system, automatically transmits a message or signal to the emergency dispatch center indicating a need for emergency response . J."Emergency dispatch center" means the combined police and fire communication s and dispatch center located at the police department facility . K."False alarm" means an activation of an alarm system through mechanical failure , malfunction, improper installation or maintenance, or negligence of the alarm user whe n an emergency situation does not exist . A determination as to whether an alarm signa l was a false alarm or an actual alarm shall be made by the appropriate department head . "False alarms" shall not include those alarms activated by extraordinary meteorological , atmospheric or other conditions or means as determined by the department head . L."Finance department" means the finance department of the city of San Luis Obispo . M."Fire chief" means the chief of the fire department of the city of San Luis Obispo o r his/her designated representative . N."Notice" means written notice given by personal service upon the addressee o r given by United States mail, postage prepaid, addressed to the person to be notified a t his or her last known address . Service of such notice shall be effective upon th e completion of personal service or upon the placing of the same in the custody of th e United States Postal Service . 0 ."Private alarm dispatch center" means a center maintained by an alarm busines s which receives emergency signals from alarm systems, and thereafter, immediatel y relays the message by live voice to the emergency dispatch center . P . "Responsible department" means the city department having the responsibility o f providing emergency services upon receipt of an alarm signal at the emergency dispatc h center . For incidents related to fires, or waterflow in fire sprinkler systems, or othe r extinguishing agents in fire protection systems, as well as medical attention, the fir e department is the responsible department . For incidents related to burglary, robbery , unauthorized building entry, etc ., the responsible department is the police department . (Ord . 1162 § 2 (part), 1990 ) 15 .12 .030 Alarm system standards . A . In General . 1.The council, upon recommendation of the chief of police or fire chief, ma y prescribe by resolution minimum standards and regulations for the construction an d maintenance of all alarm systems installed in the city . Al l equipment shall meet or exceed these standards and regulations . 2.No alarm system shall be installed unless the alarm user has either a servic e agreement with an alarm business qualified under this chapter or has available a designated person who will respond to the site of an activated alarm with the ability t o deactivate the alarm . B . Audible Alarm Systems . No audible alarm system shall be installed or used unles s it shall have an automatic reset capability which shall silence the alarm within fiftee n minutes of activation . C . Silent Alarm Systems . 1.No direct dial systems shall be allowed within the city . 2.All silent alarm systems shall be connected to a private alarm dispatch center . (Ord . 1162 § 2 (part), 1990 ) 15 .12 .040 Alarm business standards . A . Alarm businesses operating within the city shall comply with all state licensin g requirements and operate in accordance with the standards set forth in the State Alar m C6-25 Company Act as to conduct of business and qualification of employees, including alar m agents . B.No person or company which installs, or otherwise provides, an alarm system shal l install such device or system without the ability to provide twenty-four-hour service fo r that system . "Service" for the purposes of this section shall-include the ability to promptl y repair a malfunctioning alarm system and, in any event, a service response to the alar m location shall be accomplished within thirty minutes of a request for service . "Service " shall also include the ability to provide periodic maintenance necessary to assure norma l functioning of the system . This section shall not apply to persons or businesses wh o merely sell from fixed locations, or who manufacture alarm systems, unless suc h persons or firms also install, monitor or service such systems . C.Any alarm business operating a private alarm dispatch center shall, within on e minute of receiving notice that an alarm has been activated, notify the emergenc y dispatch center of the activation . Notification shall normally be made via a designate d one-way telephone line which is dedicated solely to the reporting of such notifications . D.Each alarm business that monitors fire alarm systems must comply with all section s of National Fire Protection Association Bulletin #71-1988 and as amended . E.It shall be the duty of the alarm business to cooperate fully at all times with the cit y and its employees . Every alarm business shall, upon request during normal hours o f business, make any and all records and information in its possession relating to alar m systems operating within the city available to personnel authorized by the chief of polic e or fire chief . Each alarm business must possess a valid city business license . (Ord . 116 2 § 2 (part), 1990 ) 15 .12 .050 Alarm use standards . A.1 . All existing and prospective users of alarm systems shall obtain an alarm use r permit approved by the responsible department head within sixty days following th e effective date of the ordinance codified in this chapter, or prior to the installation and us e of an alarm system, as the case may be . A separate permit shall be required for eac h separate alarmed building or facility and for each separate alarm system . Application fo r the permit, and a fee as established by council resolution, must be filed for each year o r part thereof . Each permit application shall contain the current name, address, telephon e number and signature of the individual accepting responsibility for the proper functionin g and maintenance of the alarm system covered by the permit . A copy of the permit shal l be posted upon the premises where the alarm system is installed . Each permit will bea r the signature of the issuing official and the chief of the responsible department . Al l permits shall expire one year after the date of issuance . 2 . Application for permits more than sixty days after the need for such permi t arises shall require the payment of a one hundred percent penalty fee . B.The alarm user shall, at all times, insure that the emergency dispatch center is i n possession of a minimum of three names, telephone numbers and home addresses o f persons with twenty-four-hour access to the alarm location and the alarm system wh o are authorized to and will respond to the location where an alarm has been activated . The response shall be within a reasonable time and, in any event, within thirty minutes o f being requested to do so . At any time that one of these persons no longer possesse s such access to the alarm location, the alarm user shall immediately notify the emergenc y dispatch center and, in any event, this notification shall be made within forty-eight hour s of the time at which the person no longer possesses access to the location . C.1 . It shall be the duty of the alarm user to properly use the alarm system and t o maintain it mechanically and technically to insure safe and responsible operation an d minimize the number of false alarms . If the chief of police or fire chief determines that a C6-26 system lacks in quality, components, servicing, or is improperly used by the alarm user , he/she may require that modifications be made to the system to make it comply with thi s chapter . 2.False alarms shall be considered excessive when they exceed thre e activations in any twelve-month period . 3.As provided by resolution of the city council, a fee shall be paid to the city b y each alarm user for excessive false alarms . The police chief or fire chief shall cause t o be issued a monthly bill for the unpaid fees accrued during any monthly billing perio d and any prior periods . Such bills shall be due and payable within thirty days after th e billing date . 4.A penalty of fifteen percent shall be added to the fees required by this sectio n in connection with any fees not paid in the time and manner set forth above . 5.The amount of any fee and late penalty assessed pursuant to this chapte r shall be deemed a debt to the city and an action may be commenced in the name of th e city in any court of competent jurisdiction in the amount of the delinquent debt .Payment of any user fees and late charges shall not prohibit criminal prosecution for the violatio n of any provisions of this chapter . (Ord . 1162 § 2 (part), 1990 ) 15 .12 .060 Enforcement and appeals . A.Revocation . In addition to other remedies provided, the department head of th e responsible department may revoke an alarm user's permit for a violation of this chapter . B.Civil Penalties . For violations of this chapter, the department head of th e responsible department may assess a civil penalty of up to five hundred dollars for eac h violation . C.Criminal Penalties . A violation of this chapter is punishable as a misdemeanor . D.Appeals . The decision of a department head to revoke an alarm user's permit or t o assess a civil penalty may be appealed to the city council . All appeals must be file d within thirty days of receipt of notice of the department head's action . (Ord . 1162 §a (part), 1990) C6-27 Page intentionally lef t blank .