HomeMy WebLinkAbout06-06-2017 Item 10 Request for Proposals for Police and Fire Alarm Tracking and Billing Services Meeting Date: 6/6/2017
FROM: Deanna Cantrell, Chief of Police
Prepared By: Kurt Hixenbaugh, Sergeant
SUBJECT: REQUEST FOR PROPOSALS FOR POLICE AND FIRE ALARM
TRACKING AND BILLING SERVICES
RECOMMENDATION
1. Authorize staff to submit a Request for Proposal (Attachment A) for Police and Fire Alarm
Tracking and Billing Services (Specification No. 91551) for fiscal years 2018-21; and
2. Authorize the City Manager to execute an agreement for services.
DISCUSSION
Background
In 2012, the City conducted a Request for Proposal (RFP) for Police alarm tracking and billing
services. Through this competitive process the contract was awarded to PMAM Corporation. The
contract with PMAM Corporation is due to expire June 30, 2017. Staff is requesting to conduct
an RFP to select a vendor for a contract term starting July 1, 2017 to June 30, 2021.
In 2016, the Police Department received 1,684 alarm calls for service. 417 of these calls were
cancelled by the alarm company before the police officers arrived. 1,063 of these calls were
referred to PMAM Corporation for tracking and billing. Addresses that had three or more false
alarms were billed a service fee for the Police response. The purpose of the service fee is to
prompt the business to take corrective action and prevent excessive false alarms. Chapter 15.12
of the Municipal Code (Attachment B) provides policy guidance and framework for “Alarm
Systems”.
The following table shows the City’s current fees for Police responses to False Alarms. There is
no fee associated with the first and second false alarm:
Excessive Alarms Fee
3rd false alarm in 12-month period $82
4th “ $137
5th “ $226
6th “ $406
7th or more $619
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In House Option
Based on the number of alarm permits and false alarm responses, the amount of staff time
required to administer the alarm program would be significant and the workload too great to be
absorbed with either existing staff or volunteers. In addition, the City does not currently have the
appropriate software necessary for such a program. Therefore, staff recommends continuing the
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 the
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 be
prudent to continue using a contractor for alarm tracking/billing services to ensure the City is
providing the best service possible to our community.
CONCURRENCES
The Police Chief and Interim Finance Director concur with the recommendation.
FISCAL IMPACT
Funding currently exists in the Police Department budget for false alarm billing services.
Typically, vendors require a percentage of revenue collected as their fee for service. With
PMAM Corporation, this equated to 15-20% of the gross revenue collected; the Police
Department budgets $32,700 annually for this expense recognizing that the amount of revenue
may vary from year to year depending on compliance.
The chart below depicts actual annual revenue received from false alarm fees and permits
collected over the past three fiscal years. Revenue generated from these fees offsets the
expenditure; so as a result, the actual amount realized (net revenue) equals revenues less any
costs paid for the services.
Revenue Received – False Alarm/Permit Billing
Year Gross Revenue Collected Net Revenue
2013-14 $129,655 $108,376
2014-15 $142,806 $119,470
2015-16 $122,175 $100,399
ALTERNATIVES
1. Delay the RFP and further research in-house options. Staff does not recommend this
alternative. If Council is interested in administering the alarm services using City staff rather
than contract, staff would conduct additional research and evaluation to determine the staff
and technology resources needed for the program. Staff resources are not currently available
to administer the program so additional personnel would be needed. Additional analysis is
necessary to determine if the additional costs of administering the service would be off-set by
the amount of income generated.
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2. Do not initiate the RFP process and negotiate a new contract with PMAM Corporation. This
option is not recommended. The City has contracted with PMAM Corporation for five years.
Although the Police Department has been very satisfied with their service, periodic surveying
of the market is necessary to ensure that the City continues to receive the best value in
purchasing services.
Attachments:
a - RFP package alarm FY18-21
b - Municipal Code Chapter 15.12
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Notice Requesting Proposals for
Police and Fire Alarm Tracking & Billing Services
The City of San Luis Obispo is requesting sealed proposals for police and fire alarm tracking services
pursuant to Specification No. 91551. All proposals must be received by the Department of Finance by
3:00 pm on June 26, 2017 when they will be opened publicly in the City Hall Council Chambers, 990
Palm Street, San Luis Obispo, CA 93401.
Proposals received after said time will not be considered. To guard against p remature opening, each
proposal shall be submitted to the Department of Finance in a sealed envelope plainly marked with the
proposal title, specification number, bidder name, and time and date of the proposal opening. Proposals
shall be submitted using the forms provided in the specification package.
Specification packages and additional information may be obtained by contacting Administrative
Sergeant Fred Mickel, 805-594-8048 or fmickel@slocity.org.
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Specification No. 91551
TABLE OF CONTENTS
A. Description of Work 3
B. General Terms and Conditions 4
Proposal Requirements
Contract Award and Execution
Contract Performance
C. Special Terms and Conditions 9
Contract Term
Estimated Quantities
Proposal Content
Proposal Evaluation and Selection
Proposal Review and Award Schedule
Unrestrictive Brand Names
Start and Completion of Work
Accuracy of Specifications
D. Agreement 13
E. Insurance Requirements 15
F. Proposal Submittal Forms 17
Proposal Submittal Summary
References
Statement of Past Contract Disqualifications
Bidder’s List
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Section A
DESCRIPTION OF WORK
The City is requesting proposals for the service of an alarm tracking Management Company, which
includes, but is not limited to, the following features:
1. Deploy a software package that maintains and tracks false alarm data and generate related reports
2. Send alarm permit applications for renewals
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 Departments
4. Download call data within three days of receipt
5. Send letters and invoices to the residences/businesses for false alarms as per ordinance
6. Follow up with the default residents/businesses who have not paid their fees by the due date
7. Collect fees and engage collection agency for unpaid fees
8. Reconcile accounts daily, weekly, or monthly, as specified
9. Identify the top 1%-5% of residents/businesses that have been responsible for the maximum false
alarm calls and send them the required material to increase awareness of the false alarm reduction
program.
10. Respond timely to all queries from citizens and businesses
11. Provide required information and reports to the San Luis Obispo Police or San Luis Obispo Fire
Departments and other City officials on a regular basis.
12. Track new and existing permits
13. Provide self-service login capability by the homeowners and businesses to maintain their account
and view alarm activity
14. Provide detailed invoice generation, which will have the history of all false alarms at the location
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Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder)
shall meet all of the terms, and conditions of the Invitation for Bids (IFB) or Request for
Proposals (RFP) specifications package. By virtue of its proposal submittal, the bidder
acknowledges agreement with and acceptance of all provisions of the IFB/RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the
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 the
proposal title, specification number, name of bidder, and date and time of proposal opening. No
FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance
coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are
not required until contract award. The City’s insurance requirements are detailed in Section E.
4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities
indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces
provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The
Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount
stated by any bidder for any item are not in agreement, the unit price alone will be considered as
representing the bidder’s intention and the proposal total will be corrected to conform to the
specified unit price.
5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice
prior to the time specified for the proposal opening, by submitting a written request to the
Director of Finance for its withdrawal, in which event the proposal will be returned to the bidder
unopened. No proposal received after the time specified or at any place other than that stated in
the “Notice Inviting Bids/Requesting Proposals” will be considered. All proposals will be opened
and declared publicly. Bidders or their representatives are invited to be present at the opening of
the proposals.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed
to make or file, or to be interested in more than one proposal, except an alternative proposal when
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.
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7. Cooperative Purchasing. During the term of the contract, the successful bidder will extend all
terms and conditions to any other local governmental agencies upon their request. These
agencies will issue their own purchase orders, will directly receive goods or services at their place
of business, and will be directly billed by the successful bidder.
8. Communications. All timely requests for information submitted in writing will receive a written
response from the City. Telephone communications with City staff are not encouraged, but will
be permitted. However, any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
9. Proposal Retention and Award. The City reserves the right to retain all proposals for a peri od
of 60 days for examination and comparison. The City also reserves the right to waive non-
substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part
of a proposal and accept the other, except to the extent t hat proposals are qualified by specific
limitations. See the “special terms and conditions” in Section C of these specifications for
proposal evaluation and contract award criteria.
10. Competency and Responsibility of Bidder. The City reserves full discretion to determine the
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 written
contract with the City within ten (10) calendar days after notice of the award has been sent by
mail to it at the address given in its proposal. The contract shall be made in the form adopted by
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) calendar
days after notice of contract award as a precondition to contract execution.
13. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business
license & tax certificate before execution of the contract. Additional information regarding the
City’s business tax program may be obtained by calling (805) 781-7134.
CONTRACT PERFORMANCE
14. Ability to Perform. The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and license s necessary to carry out
and complete the work hereunder in compliance with any and all federal, state, county, city, and
special district laws, ordinances, and regulations.
15. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo
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 the
Contractor is required to pay.
17. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
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18. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
19. Public and Employee Safety. Whenever the Contractor’s operations create a condition
hazardous 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 take such other protective measures as are necessary to prevent accidents or damage
or injury to the 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 injured
or damaged resulting from the Contractor’s operations, it shall be replaced or restored at the
Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when
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 United State
pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be
employed in the performance of the work hereunder.
22. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it
will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination
in employment of persons because of age, race, color, sex, national origin or ancestry, sexual
orientation, or religion of such persons.
23. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done
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, or
labor due to federal government restrictions arising out of defense or war programs, then the time
of completion may, at the City’s sole option, be extended for such periods as may be agreed upon
by the City and the Contractor. In the event that there is insufficient time to grant such extensions
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 of
the above, after hearing evidence as to the reasons for such delay, and making a finding as to the
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 the
Contractor (Net 30).
25. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Contractor are being performed in accordance with the
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 not
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 written
materials used by Contractor in preparing its invoices to City as a condition precedent to any
payment to Contractor.
27. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not
acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree
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with the performance of the work hereunder. The Contractor further covenants that, in the
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 this
work is an officer or employee of the City. It is hereby expressly agreed that, in the performance
of the work hereunder, the Contractor shall at all times be deemed an independent contractor and
not an agent or employee of the City.
28. Hold Harmless and Indemnification. Contractor agrees to defend, indemnify, protect and
hold the City and its agents, officers and employees harmless from and against any and all
claims asserted or liability established for damages or injuries to any person or property,
including injury to Contractor's employees, agents or officers which arise from or are
connected with or are caused or claimed to be caused by the acts or omissions of Contractor,
and its agents, officers or employees, in the performance of all obligations under this
Agreement, and all expenses of investigating and defending against same; provided, however,
that 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 of
the contract, or its right, title or interest, or its power to execute such a contract to any individual
or business entity of any kind without the previous written consent of the City.
30. Termination for Convenience. The City may terminate all or part of this Agreement for any or
no reason at any time by giving 30 days written notice to Contractor. Should the City terminate
this Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the-
shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase
price; (b) for custom products, the less of a reasonable price for the raw materials, components
work in progress and any finished units on hand or the price per unit reflected on this Agreement.
For termination of any services pursuant to this Agreement, the City’s liability will be the lesser
of a reasonable price for the services rendered prior to termination, or the price for the services
reflected on this Agreement. Upon termination notice from the City, Contractor must, unless
otherwise directed, cease work and follow the City’s directions as to work in progress and
finished goods.
31. Termination. If, during the term of the contract, the City determines that the Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify the Contractor
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 specified
in the notice, such shall constitute a breach of the contract and the City may terminate the contract
immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have
any further duties, obligations, responsibilities, or rights under the contract except, however, any
and all obligations of the Contractor’s surety shall remain in full force and effect, and shall not be
extinguished, reduced, or in any manner waived by the terminations thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed
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 such
breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone
or task satisfactorily delivered or completed by the Contractor as may be set forth in the
Agreement payment schedule; compensation for any other work, services or goods performed or
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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 confirmed
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 to
receive in excess of the compensation quoted in its proposal.
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Section C
SPECIAL TERMS AND CONDITIONS
1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (Gener al
Terms and Conditions) of these specifications, the contract will be awarded to the lowest
responsible, responsive bidder.
2. Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City
receives sales tax revenues. Therefore, for bids from retail firms located in the City at the time of
proposal closing for which sales tax is allocated to the City, 1% of the taxable amount of the bid
will be deducted from the proposal by the City in calculating and determining the lowest
responsible, responsive bidder.
3. Labor Actions. In the event that the successful bidder is experiencing a labor action at the time
of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the
City reserves the right to declare said bidder is no longer the lowest responsible, responsive
bidder and to accept the next acceptable low proposal from a bidder that is not experiencing a
labor action, and to declare it to be the lowest responsible, responsive bidder.
4. Failure to Accept Contract. The following will occur if the bidder to whom the award is made
(Contractor) fails to enter into the contract: the award will be annulled; any bid security will be
forfeited in accordance with the special terms and conditions if a bidder’s bond or security is
required; and an award may be made to the next lowest responsible, responsive bidder who shall
fulfill every stipulation as if it were the party to whom the first award was made.
5. Contract Term. The supplies or services identified in these specifications will be used by the
City between July, 2017 and June 30th, 2021. The prices quoted for these items must be valid for
the entire period indicated above unless otherwise conditioned by the bidder in its proposal.
6. Contract Extension. The term of the contract may be extended by mutual consent for an
additional one (1) year. 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).
7. Estimated Quantities. The quantities indicated in the Detail Proposal Submittal Form are
estimates based on past purchasing experience, and will be used to determine the lowest overall
proposal. Actual quantities purchased during the period of this contract may vary from these
estimated amounts as required by the City.
8. Supplemental Purchases. Supplemental purchases may be made from the successful bidder
during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For
these supplemental purchases, the bidder shall not offer prices to the City in excess of the
amounts offered to other similar customers for the same item. If the bidder is willing to offer the
City a standard discount on all supplemental purchases from its generally prevailing or published
price structure during the contract term, this offer and the amount of discount on a percentage
basis should be provided with the proposal submittal.
9. Contractor Invoices. The Contractor shall deliver a monthly invoice to the City, itemized by up
to 20 cost centers, with attached copies of work order forms or detail invoices (standard color or
copy to be agreed upon) as supporting detail.
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10. Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail
Proposal Submittal Form, as well as any supplemental items, from other vendors during the
contract term.
11. Unrestrictive Brand Names. Any manufacturer’s names, trade names, brand names or catalog
numbers used in the specifications are for the purpose of describing and establishing general
quality levels. Such references are not intended to be restrictive. Proposals will be considered for
any brand that meets or exceeds the quality of the specifications given for any item. In the event
an alternate brand name is proposed, supplemental documentation shall be provided
demonstrating that the alternate brand name meets or exceeds the requirements specified herein.
The burden of proof as to the suitability of any proposed alternatives is upon the bidder, and the
City shall be the sole judge in making this determination.
12. Start and Completion of Work. Work on this project shall begin immediately after contract
execution and shall be completed at the end of the contract period.
13. Change in Work. The City reserves the right to change quantities of any item after contract
award. If the total quantity of any changed item varies by 25% or less, there shall be no change in
the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess
of 25% shall be subject to negotiation with the Contractor.
14. Submittal of References. Each bidder shall submit a statement of qualifications and references
on the form provided in the IFB/RFP package.
15. 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
IFB/RFP package.
16. Proposal Content. Your proposal must include the following information:
Submittal Forms
a. Proposal submittal summary.
b. Certificate of insurance.
c. References from at least three firms for whom you have provided similar services.
Qualifications
d. Experience of your firm in performing similar services.
e. Resumes of the individuals who would be assigned to this project, including any sub -
consultants.
f. Standard hourly billing rates for the assigned staff, including any sub-consultants.
g. Statement and explanation of any instances where your firm has been removed from a
project or disqualified from proposing on a project.
Work Program
h Description of your approach to completing the work.
i. Tentative schedule by phase and task for completing the work.
j. Estimated hours for your staff in performing each major phase of the work, including
sub-consultants.
k. Services or data to be provided by the City.
l. Any other information that would assist us in making this contract award decision.
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Compensation
m. Proposed compensation and payment schedule tied to accomplishing key tasks.
Proposal Length and Copies
n. Proposals should not exceed 10 pages, including attachments and supplemental materials.
o. Three (3) copies of the proposal must be submitted.
17. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee based
on 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 successfully
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 this
project.
h. Proposed compensation.
As reflected above, contract award will not be based solely on price, but on a combination of
factors as determined to be in the best interest of the City. After evaluating the proposals and
discussing them further with the finalists or the tentatively selected contractor, the City reserves
the right to further negotiate the proposed work and/or method and amount of compensation.
18. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule
for proposal review and contract award:
a. Issue RFP 6/7/17
b. Receive proposals 6/26/17
c. Complete proposal evaluation & finalize staff recommendation 7/7/17
d. Award contract 7/10/17
e. Execute contract 7/10/17
f. Start work 7/11/17
19. Ownership of Materials. Al 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 shall
become the permanent property of the City, and shall be delivered to the City upon demand.
20. 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 these
specifications shall be the property of City and shall not be made available to any individual or
organization by the Contractor without the prior written approval of the City.
21. 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 in
limited quantities as part of the work or services under these specifications, the Contractor shall
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provide such additional copies as are requested, and City shall compensate the Contractor for the
costs of duplicating of such copies at the Contractor’s direct expense.
22. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it
believes will also meet the City’s project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the
alternatives, and discuss under what circumstances the City would prefer one alternative to the
other(s). If an alternative proposal is submitted, the maximum length of the proposal may be
expanded proportionately by the number of alternatives submitted.
23. Accuracy of Specifications. The specifications for this project are believed by the City to be
accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are
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 specifications
package. In preparing its proposal, the bidder and all subcontractors named in its proposal shall
bear sole responsibility for proposal preparation errors resulting from any misstatements or
omissions in the plans and specifications that could easily have been ascertained by examining
either the project site or accurate test data in the City’s possession. Although the effect of
ambiguities or defects in the plans and specifications will be as determined by law, any patent
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
notify 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 sha ll not be
liable for costs incurred by the successful bidder to achieve the project’s objective or standard
beyond the amounts provided therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged
ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor
shall immediately notify the City in writing, and the Contractor and all subcontractors shall
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 additional
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 the
dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity
in the plans or specifications concerning the dispute.
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Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this _____________day
of ____________________________________, by and 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.
W I T N E S S E T H:
WHEREAS, on [date], City [requested proposals] for [generally describe the purchase] per Specification
No. [9x-xx].
WHEREAS, pursuant to said invitation [request], Contractor submitted a proposal that was accepted by
City for said [supplies, equipment, services, project, whatever].
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
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,
as first written above, until acceptance or completion of said [supplies, equipment, services, project, whatever].
2. INCORPORATION BY REFERENCE. City Specification No. [9x-xx] and Contractor’s
proposal dated [date], are hereby incorporated in and made a part of this Agreement.
3. CITY’S OBLIGATIONS. For providing [supplies, equipment, services, project, whatever] as
specified in this Agreement, City will pay and Contractor shall receive therefor [SELECT ONE] [Fixed Quantity
Contract] compensation in a total sum not to exceed [$ .00 ]. [Estimated Quantity Contract] payments
based upon the actual quantities ordered and received by City and the unit prices bid by Contractor . [Other
Payment Method] department prepares appropriate contract language or refers to an exhibit “attached hereto and
incorporated into this Agreement.”
4. CONTRACTOR’S OBLIGATIONS. For and in consideration of the payments and agreements
hereinbefore mentioned to be made and performed by City, Contractor agrees with City to [SELECT ONE] do
everything required by this Agreement and the said specification [OR] provide [supplies, equipment, services,
project, whatever] as described in Exhibit [ ] attached hereto and incorporated into this Agreement.
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5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement
shall be in writing and shall be effective only up on approval by the Council [or other official] of the City.
6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
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 of
any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties
hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
City City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Contractor [ ]
[ ]
[ ]
[ ]
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each
individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute
Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first above written.
ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation
____________________________________ By:____________________________________
City Clerk City Manager
APPROVED AS TO FORM: CONTRACTOR
____________________________________ By:____________________________________
City Attorney
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Section E
INSURANCE REQUIREMENTS: Consultant Services
The Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance of
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, code
1 (any auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability
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 general
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
to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
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, claim
administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Contractor; products
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 contain
no special limitations on the scope of protection afforded to the City, its officers, officials,
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 or
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 or
suit is brought, except with respect to the limits of the insurer’s liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty
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(30) days’ prior written notice by certified mail, return receipt requested, has been given to the
City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no
less than A:VII.
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability and
automobile liability coverage required by this clause must also be provided. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
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PROPOSAL SUBMITTAL FORM Sample A
The undersigned declares that she or he has carefully examined Specification No. 91551 which is hereby
made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the
proposing firm; and agrees to perform the specified work for the following cost quoted in full:
BID ITEM: Police and Fire Alarm Tracking & Billing Services
Total Base Price
Sales tax
Other (provide detail below)
TOTAL
Delivery of equipment to the City to be within ________ calendar days after contract execution and
written authorization to proceed.
Certificate of insurance attached; insurance company’s A.M. Best rating:___________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
NOTES ON THIS SAMPLE FORM
This is the City’s “basic” submittal form, and something like it should accompany all
proposals, even if: a combined “description of work/detailed proposal subm ittal form” (like
Sample E) is required; or price information is not requested (like Sample F).
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PROPOSED SUBMITTAL FORM Sample B
The undersigned declares that she or he has carefully examined Specification No. 91551, which is hereby
made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the
proposing firm; and agrees to perform the specified work for the following cost quoted in full:
Description Quantity Unit Price Total
TOTAL BASE PRICE
Sales tax
Other (provide detail below)
TOTAL $
Delivery of equipment to the City to be within __________ calendar days after contract execution and
written authorization to proceed.
Certificate of insurance attached; insurance company’s A.M. Best rating:___________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
NOTES ON THIS SAMPLE FORM
This is another sample of “basic” submittal form when you have multiple bid items that are
specified in detail in the “description of work” section.
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Description of Work/Detail Proposal Submittal Form Sample E
The City is requesting proposals for the following services:
1. Deploy a software package that maintains and tracks false alarm data and generate related reports
2. Send alarm permit applications for renewals
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 Departments
4. Download call data within three days of receipt
5. Send letters and invoices to the residences/businesses for false alarms as per ordinance
6. Follow up with the default residents/businesses who have not paid their fees by the due date
7. Collect fees and engage collection agency for unpaid fees
8. Reconcile accounts daily, weekly, or monthly, as specified
9. Identify the top 1%-5% of residents/businesses that have been responsible for the maximum false
alarm calls and send them the required material to increase awareness of the false alarm reduction
program.
10. Respond timely to all queries from citizens and businesses
11. Provide required information and reports to the San Luis Obispo Police or San Luis Obispo Fire
Departments and other City officials on a regular basis.
12. Track new and existing permits
13. Provide self-service login capability by the homeowners and businesses to maintain their account
and view alarm activity
14. Provide detailed invoice generation, which will have the history of all false alarms at the location
NOTES ON THIS SAMPLE FORM
In this sample, the bid form and the description of work are combined for simplicity. However,
as indicated above, a proposal summary form should also be submitted with this form to
document the bidders agreement with the specifications and submittal of insurance
information.
If the quantities are estimates to determine the lowest overall proposal, this column should be
titled as such, and noted in the “special terms and conditions” section.
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under
the present business name: ___________________.
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the
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 Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
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 other
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 No
If yes, explain the circumstances.
Executed on ______________________________ at ______________________________ under penalty
of perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Bidder Representative
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BIDDERS LIST
ALARM TRACKING SERVICE—SPECIFICATION NO. 91551
Public Safety Corporation
CryWolf
103 Paul Mellon Ct.
Waldorf MD 20602
Phone 877.729.9654 x101
Fax 301.638.9319
PMAM Corporation
FAMS (False Alarm Management)
5430 Lyndon B Johnson Fwy #370,
Dallas, TX 75240
Phone 972.831.7406
Fax 972.831.7499
Municipal Alarm Tracking
P.O. Box 2490
Valley Center CA 92082-0560
Phone 800.749.9669
Fax 760.749.8549
Phoenix Group
2677 N. Main St., Suite 400
Santa Ana CA 92705
Phone 714.460.7200
Fax 714.384.0151
Alarm Tracking & Billing Svc
3021 N Hancock Ave #210
Colorado Springs, CO 80907
Phone 719-559-3303
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Chapter 15.12
ALARM SYSTEMS
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 alarm
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 defined
as follows:
A. "Alarm agent" means a person employed by an alarm business, either directly or
indirectly, whose duties include selling, leasing, altering, installing, maintaining, moving,
repairing, replacing, servicing, responding to or monitoring an alarm system, or a person
who manages or supervises a person employed by an alarm business to perform any of
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 any
alarm system in a building, structure or facility.
C. "Alarm system" means any mechanical or electronic device or series of devices
which transmits a signal or message, either directly or indirectly, to the emergency
dispatch center, or which emits an audible or visual signal at the alarm location, and
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; or
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 the
protected premises are not included within the meaning of alarm system.
D. "Alarm user" means the person, firm, partnership, association, corporation or
organization of any kind that owns, leases, rents, uses or makes available for use by its
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/her
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 designated
representatives.
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I. "Direct dial system" means an alarm system which is connected to a telephone line
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 communications
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 when
an emergency situation does not exist. A determination as to whether an alarm signal
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 or
his/her designated representative.
N. "Notice" means written notice given by personal service upon the addressee or
given by United States mail, postage prepaid, addressed to the person to be notified at
his or her last known address. Service of such notice shall be effective upon the
completion of personal service or upon the placing of the same in the custody of the
United States Postal Service.
O. "Private alarm dispatch center" means a center maintained by an alarm business
which receives emergency signals from alarm systems, and thereafter, immediately
relays the message by live voice to the emergency dispatch center.
P. "Responsible department" means the city department having the responsibility of
providing emergency services upon receipt of an alarm signal at the emergency dispatch
center. For incidents related to fires, or waterflow in fire sprinkler systems, or other
extinguishing agents in fire protection systems, as well as medical attention, the fire
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, may
prescribe by resolution minimum standards and regulations for the construction and
maintenance of all alarm systems installed in the city. All
equipment shall meet or exceed these standards and regulations.
2. No alarm system shall be installed unless the alarm user has either a service
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 to
deactivate the alarm.
B. Audible Alarm Systems. No audible alarm system shall be installed or used unless
it shall have an automatic reset capability which shall silence the alarm within fifteen
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 licensing
requirements and operate in accordance with the standards set forth in the State Alarm
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Company Act as to conduct of business and qualification of employees, including alarm
agents.
B. No person or company which installs, or otherwise provides, an alarm system shall
install such device or system without the ability to provide twenty-four-hour service for
that system. "Service" for the purposes of this section shall-include the ability to promptly
repair a malfunctioning alarm system and, in any event, a service response to the alarm
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 normal
functioning of the system. This section shall not apply to persons or businesses who
merely sell from fixed locations, or who manufacture alarm systems, unless such
persons or firms also install, monitor or service such systems.
C. Any alarm business operating a private alarm dispatch center shall, within one
minute of receiving notice that an alarm has been activated, notify the emergency
dispatch center of the activation. Notification shall normally be made via a designated
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 sections
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 city
and its employees. Every alarm business shall, upon request during normal hours of
business, make any and all records and information in its possession relating to alarm
systems operating within the city available to personnel authorized by the chief of police
or fire chief. Each alarm business must possess a valid city business license. (Ord. 1162
§ 2 (part), 1990)
15.12.050 Alarm use standards.
A. 1. All existing and prospective users of alarm systems shall obtain an alarm user
permit approved by the responsible department head within sixty days following the
effective date of the ordinance codified in this chapter, or prior to the installation and use
of an alarm system, as the case may be. A separate permit shall be required for each
separate alarmed building or facility and for each separate alarm system. Application for
the permit, and a fee as established by council resolution, must be filed for each year or
part thereof. Each permit application shall contain the current name, address, telephone
number and signature of the individual accepting responsibility for the proper functioning
and maintenance of the alarm system covered by the permit. A copy of the permit shall
be posted upon the premises where the alarm system is installed. Each permit will bear
the signature of the issuing official and the chief of the responsible department. All
permits shall expire one year after the date of issuance.
2. Application for permits more than sixty days after the need for such permit
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 in
possession of a minimum of three names, telephone numbers and home addresses of
persons with twenty-four-hour access to the alarm location and the alarm system who
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 of
being requested to do so. At any time that one of these persons no longer possesses
such access to the alarm location, the alarm user shall immediately notify the emergency
dispatch center and, in any event, this notification shall be made within forty-eight hours
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 to
maintain it mechanically and technically to insure safe and responsible operation and
minimize the number of false alarms. If the chief of police or fire chief determines that a
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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 this
chapter.
2. False alarms shall be considered excessive when they exceed three
activations in any twelve-month period.
3. As provided by resolution of the city council, a fee shall be paid to the city by
each alarm user for excessive false alarms. The police chief or fire chief shall cause to
be issued a monthly bill for the unpaid fees accrued during any monthly billing period
and any prior periods. Such bills shall be due and payable within thirty days after the
billing date.
4. A penalty of fifteen percent shall be added to the fees required by this section
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 chapter
shall be deemed a debt to the city and an action may be commenced in the name of the
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 violation
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 the
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 the
responsible department may assess a civil penalty of up to five hundred dollars for each
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 to
assess a civil penalty may be appealed to the city council. All appeals must be filed
within thirty days of receipt of notice of the department head’s action. (Ord. 1162 § a
(part), 1990)
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