HomeMy WebLinkAbout0809tV -.
P. 0. Box 706 ® Santa Maria: 925 -9457
E fN SECURITY ALARM SYSTEMS ;, SANTA MARIA, CALIF. 93454 o San Luis Obispo: 543 -6300
CALIFORNIA STATE CONTRACTOR'S LICENSE No. 299834 o LISTED BY UNDERWRITERS LABORATORIES, INCORPORATED
September 24, 1979
City of San Luis Obispo
748 Pismo Street
San Luis Obispo, CA. 93401
RE: Section 18 Application for Franchise of Ordinance No. 809
We are submitting the attahced material in lieu of an Application for a Franchise
since the city does not have a form for this purpose.
1. Sylvester's Security Alarm Systems
P.O. Box 706
Santa Maria, CA. 93456
2. Copy of proposal attached.
Maximum number of subscribers who may be served by the proposed system -
over 9,000.
3. Statement or schedule of proposed rates are in the proposal.
Copy of our contract attached.
4. Sole Proprietorship - Owner: Don W. Sylvester
702 East Bunny
Santa Maria, CA. 93454
Other -areas being served by CAFS: Santa Maria Police Dept.
5. With respect to the franchise and the proposed operations we have no
other agreements.
6. Letter from Mid -State Bank in lieu of financial statement attached.
7. In lieu of percentage franchise payment:
Compensation has been negotiated as allowing the City of San Luis Obispo
to monitor up to a maximum of ten locations free of charge on CAFS system.
RECEIVED
vjg 0 0 T 21919
CITY CLERK
SAN LUIS OBISP_Ol _CA.
Don W. Sylvester
Maximum Security - - - at a Minimum of Cost
August.16, 1979
Battalion Chief Mikel Park
748 Pismo Street
San Luis Obispo, CA. 93+01
RE: The REQUEST FOP PROPOSALS for furnishing equipment to
receive alarms in the new Police -Dire Dispatch Center.
4.Gentlemen:
The REQUEST clearly outlines your requirements and what you feel would best
Jserve the community. Please understand that we have made considerable effort
through inquiries to manufacturers, and others involved in the industry and we
'-'-have been led to believe that there is no equipment available to meet all of the
requirements set forth in the REQUEST. We assume then that we raust consider the
requirements and decide on priorities.
After studying and evaluating the requirements, we have decided upon Varitech.
Varitech seems to fulfill more of the requirements than any other equipment.
Varitech's basic Alarm Monitoring System is U.L. listed for Fire and Burglary.
However, the requirement #9, (Appendix A) require the equipment to be used in a
manner that it is not presently U.L. listed. Although, Varitech Security Systems
did give assurance that they plan to get the equipment listed for this purpose
and they sent a letter confirming their intentions.
The following describes what we propose and the requirements met and functions
accomplished by Varitech:
Install a Varitech Receiver Monitor at the Police -Fire Dispatch Center
according to the described specifications. The equipment would be capable
of receiving alarms from all other alarm companies, central stations or
answering services.
The equipment would include (but not be limited to) these features:
1. Display type of alarm (Burglary, Fire, etc.)
2. All Fire Alarm (Trouble and Maintenance Tests) signals would
terminate at the Satellite Station and not require any attention
at the Dispatch Center. All other Burglar & Fire Alarm signals
would be automatically forwarded to tine center.
3. A hard copy print out of all alarms and the time that they were
received.-
s'
,y -2- ..
4. Allow any user to provide their own Satellite Station to connect
to the Dispatch Center, equipment. Each Satellite Station would
have the capacity of transmitting up to 1,000 different subscribers
over one pair of lines.
A reference card method could be set up to your specifications, providing
information on all alarm systems. The information would include (but not be
limited to) type of alarm, address of alarm, name and phone number of persons
providing maintenance on system, description of areas protected, location of
reset controls with procedures, location of annunciator panels, and name of
person responsible for occupancy.
We would provide 24 -hour emergency service for this equipment at the Dispatch
Center. We already have at least one man on call 24 -hours a day based in
San Luis Obispo. We would also maintain a complete inventory of spare parts
to insure prompt repairs when necessary.
Estimate of Charges:
Any user (Alarm Co., etc.) connected to the Receiver Monitor who would provide
their own Satellite Transmitter:
1. An initial charge of $375.00.
2. A charge of $10.00 for each alarm system (subscriber), to cover
the reference card set up costs. This cost could be deltbed if
the other Alarm Companies attended to their reference cards.
3. A charge of $3.00 per month for each separate alarm system.
Any user (Alarm Co., etc.) who does not wish to provide their own Satellite
Transmitter, could go through our Satellite for a $42.50 connection charge
and $12.00 per month, including the Answering Service, for each separate
alarm system.
Sylvester's Security Alarm Systems have been in business in this area since
1960. We have a State Contractors License No.#299334.- We are a U.L. listed
installing Alarm Company for Local Mercantile Grade A - Alarm Systems. We are
also a U.L. listed Installing and Monitoring Alarm Company for Direct Wire Police
Station :Connected Alarms, (see enclosed U.L. Certificates). Our firm is now covered
with errors and omissions insurance up to $500,000.00 should we be picked to install
the new equipment, we will obtain the required $1,000,000.00 liability,.insurance.
Sincerely,
Don W. Sylvester
DWS /v j g
Enclosure: See Appendix
<S /l�
APPENDIX
RE: Desired Features #1 thru #21
The Varitech equipment meets all the features as described except the ones
listed below:
#18 "A manual override allowing a 90 second delay in the
forwarding of alarms may be used".
Comment: The 90 second delay and automatic forwarding
is not possible. However, the operator could
manually attend to this requirement.
#19 "Each alarm system connected, using audible devices at the
protected premises, must be silenceable at the premise.
This to be accomplished with a maximum of one button per
property (not building). ImmediAe access to the button
must be available 24 hours a day.
Comment: This requirement would have to be accomplished
by each individual subscriber or their alarm
company. Generally, a key is used to silence
a Burglar Alarm System and a key is also used
to open Fire Alarm Control Panels.
RE: Description
"The equipment used must be Underwriters Laboratories approved, and
accepted for this use by Insurance Services Office within one year."
Comment: The Varitech Corp. assures us that they definitely intend
to submit the equipment for listing within one year.
However, the actual listing and how long it will take depends
on Underwriters Laboratories.
P.O. BOX S • SANTA MARIA, CALIFORNIA 93454 • (805) WA2 -2144
September 28, 1979
George C. Thacher
City Attorney
City of San Luis Obispo
P. 0. Box 321
San Luis Obispo, CA 93406
SUBJECT: Ordinance 809 (1979 Series) Franchises
SYLVESTER ALARM SYSTEM
Dear Mr. Thacher:
lin
S- 11D
r- ;JN ' E
We pledge that the amount of $35,000 is on deposit in Mid State
Bank account no. TCD 11511 and that this account is guaranteed for
payment of installation and operation costs incurred by the
City of San Luis Obispo for a Consolidated Alarm Forwarding System
(CAFS) in the event that Sylvester's Security Alarm Systems fail to
install or operate the CAFS under the terms of a CAFS franchise to
be granted by City. We will pay City from this account on its
written demand and statement that Sylvester's has failed to perform
under the franchise; no other proof of failure shall be necessary.
This account shall be available to no other person, corporation or
other entity for any other purpose until released in writing by
the City of San Luis Obispo.
JAS:md
Sincerely,
A. chiller
Assi ant Vice President
Independent and Dependable q_14/
d.�t Z d X_
y
ORDINANCE NO.. 809. (1979 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO PROVIDING
FOR THE GRANTING OF FRANCHISES FOR CONSOLIDATED ALARM
FORWARDING SYSTEMS IN THE CITY AND PROVIDING TERMS AND
CONDITIONS FOR THE OPERATION OF SUCH CONSOLIDATED
ALARM FORWARDING SYSTEMS AND FEES THEREFOR.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. A nonexclusive franchise to construct, operate and maintain
a consolidated alarm forwarding system in the City of San Luis Obispo may be
granted by the City Council to any person, firm or corporation offering to
furnish and provide such system under and pursuant to the terms and provisions
of this ordinance.
SECTION 2. DEFINITIONS: For the purpose of this ordinance, the
following terms, phrases, words and their derivations shall have the meaning
given herein:
(a) CITY: The City above named, a municipal corporation of the State
of California, in its present incorporated form or in any later recognized,
consolidated, enlarged or reincorporated form.
(b) COUNCIL: The present governing body of the City or any future
board constituting the legislative body of the City.
(c) CONSOLIDATED ALARM FORWARDING SYSTEM (CAFS): An electronic system
through which alarms other than emergency telephone messages are .received from
private alarm companies in the police -fire dispatch center.
(d) GRANTEE: The persons'Or, corporations to whom or which a franchise
under this ordinance is granted by the City Council and the lawful successor
or assigns of said persons or corporations.
(e) GROSS ANNUAL RECEIPTS: Any and all compensation and other consider-
ation in any form paid by the subscriber or sponsor to the Grantee arising from
the sale of said CAFS services to customers within the corporate limits of the
city.
0 809
Ordinance No. 809 .(1979 Series)
Gross annual receipts shall not include any taxes on the services
furnished by the Grantee imposed directly on any user or subscriber by any
city, state or other government unit and collected by the Grantee for.such
government unit.
(f) SUBSCRIBERS: Any person or entity receiving for any purpose the
CAFS service of the Grantee herein.
SECTION 3. USES PE WITTED BY GRANTEE: Any nonexclusive franchise
granted. pursuant to the provisions of this ordinance shall authorize and
permit the Grantee to engage in the business of operating and providing a
CAFS system in the City of San Luis Obispo and for that purpose to erect,
install, construct, repair, replace, reconstruct, maintain and retain in
City's central emergency dispatch center, or such other location as may be
designated by City, such wires, conductors, ducts, conduits, applicances,
attachments, and other machinery and property as may be necessary and ap-
purtenant to the CAFS system.
The Grantee may make a charge to subscribers for connection to its
CAFS system and a fixed monthly charge as filed and approved as herein
provided, for connection to and maintenance and operation of the CAFS system.
SECTION 4. DURATION OF FRANCHISE: No franchise, granted by the
City Council under this ordinance, shall be for a term longer than four (4)
years following the date of acceptance of such franchise by the Grantee or
the renewal thereof. Any such franchise may be terminated prior to its date
of expiration by the City Council in the event that said council shall have
found, after notice and public hearing, that (a) Grantee has failed to
comply with any provision of this ordinance, or has, by act or omission,
violated any term or condition of any franchise or permit issued under this
ordinance; or (b) any provision of this ordinance has become invalid or
unenforceable, and the council further finds that such provision constitutes
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Ordinance No. 809
(1979 Series)
a consideration material to the grant of said franchise; provided, however,
that the Grantee shall be given at least thirty (30) days notice of any
proposed termination proceedings.
SECTION 5. FRANCHISE PAYMENT: Any Grantee granted a franchise under
this ordinance shall pay to the City, during the life of such franchise, and
at the times hereinafter specified, a sum equal to a percentage of the monthly
total gross receipts of the Grantee.or such other compensation as may be
prescribed in the franchise grant.
The Grantee shall file with the City, within thirty (30) days after
the expiration of any calendar year during which such franchise is in force,
a financial statement prepared by a certified public accountant showing in
detail the total gross receipts, as defined herein, of Grantee, its successors
or assigns, during the preceding calendar year. Grantee shall pay to the
City, within fifteen (15) days after the time for filing such statements,
any unpaid balance agree&:upon for the calendar year covered by such
statements.
The City shall have the right of inspection of all of the Grantee's
records pertaining to Grantee's operations within the City of San Luis Obispo.
SECTION 6. LIMITATIONS OF FRANCHISE:
(a) Franchise granted under this ordinance shall be nonexclusive.
(b) No privilege or exemption shall be granted or conferred by any
franchise granted under this ordinance except those specifically prescribed
herein.
(c) Any privilege claimed under such franchise by the Grantee in
public property shall be subordinate to any prior lawful occupancy of such
public property.
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Ordinance No. 809 .(1979 Series)
(d) Any such franchise shall be a privilege to be held in personal
trust by the original Grantee. It cannot in any event be sold, transferred,
leased, assigned or disposed of, in whole or in part, either by forced or
involuntary sale, or by voluntary sale, merger, consolidation or otherwise,
without prior consent of the City Council of the City expressed by resolution,
and then only under such conditions as may be therein prescribed. The said
consent of the City may not be arbitrarily_refused; provided, however, the
proposed assignee must show financial responsibility and must agree to comply
with all provisions of this ordinance; and provided, further, that no such
consent shall be required for a transfer in trust, mortgage or other hypothe-
cation-as a whole, to secure an indebtedness..
(e) The Grantee shall have no recourse whatsoever against the City
for any loss, cost, expense, or damage, arising out of any provisions or
requirements of this ordinance or its enforcement.
(f) The Grantee is subject to all requirements of the ordinances,
rules, regulations and specifications of the City heretofore or hereafter
enacted or established, concerning use of, construction on, and repair to
City property.
SECTION 7. RIGHTS RESERVED TO CITY: There is hereby reserved to
the City every right and power which is required to be herein reserved or
provided by any ordinance of the City, and the Grantee, by its acceptance
of any franchise, agrees to be bound thereby and to comply with any action
or requirements of the City in its exercise of such right or power, hereto-
fore or hereafter enacted or established.
SECTION 8. PERMITS AND AUTHORIZATIONS: The Grantee shall proceed
with due diligence to obtain and maintain all necessary permits and authoriza-
tions which are required in the conduct of its business, if any. Further, the
Grantee shall commence the installation within ten (10) days subsequent to
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Ordinance No. 809
(1979 Series)
the obtaining of all the necessary permits and authorizations, and shall
proceed to render service to subscribers within ten (10) days following
the commencement of installation of the system. The completion of the
installation shall be pursued with reasonable diligence thereafter, so that
service shall be provided within ten (10) weeks from the date that agreement
was signed, provided that the council may, upon request of the applicant,
grant an extension of time if the council determines such request is
justified. Failure to do any of the foregoing shall be grounds for ter-
mination of franchise.
SECTION 9. LOCATION OF GRANTEE'S PROPERTIES: The Grantee shall not
install or erect any facilities or apparatus on public property or rights-
of -way within the City (except those installed or erected upon public
utility facilities now existing), without written approval of the Community
Development Director of the City.
SECTION 10. REMOVAL OR ABANDONMENT OF PROPERTY OF GRANTEE: In the
event that the use of any part of the CAFS system is discontinued for any
reason for a continuous period of one (1) month, or in the event such
system or property has been installed on any public property without complying
with.the requirements of its franchise, or the franchise has been terminated,
cancelled or has expired, the Grantee shall promptly, upon being given notice,
remove from the public property all such property other than any which the City
may permit to be abandoned in such place._ In the event of any such removal,
the Grantee shall promptly restore the area from which such property has been
removed, to a condition satisfactory to the City.
SECTION 11. CHANGE REQUIRED BY PUBLIC IMPROVEMENT: The Grantee shall
at its expense, protect, support, temporarily disconnect, or relocate any
property of the Grantee when required by the City for any reason; provided,
however, the Grantee shall in all such cases have the privileges and be
3611
Ordinance No. 809 (1979 Series)
subject to the obligations to abandon any property of the Grantee in place,
as provided in Section 10 hereof.
SECTION 12. FAILURE TO PERFORM WORK: Upon failure of the Grantee
to complete any work required by law or by the provisions of this ordinance
to be done on any public property, within the time prescribed, and to the
satisfaction of the City, the City may cause such work to be done and the
Grantee shall pay to the City the cost thereof in the itemized amounts
reported by the City to the Grantee, within thirty (30) days after receipt
of such.itemized report.
SECTION 13. FAITHFUL PERFOMANCE BOND:
(a) The Grantee shall, concurrently with the filing of an accept-
ance of award of any franchise granted under this ordinance, file with the
City Clerk, an&.1yearly thereafter maintain in full force and effect for the
term of such franchise, at Grantee's sole expense, a corporate surety bond in
a company approved by, and in a form approved by, the City Attorney, an in
amount to be determined by the council, renewable annually, and conditioned
upon the faithful performance of Grantee, and upon the further condition
that•in the event Grantee shall fail to comply with any one or more of the
provisions of this ordinance, or of any franchise issued to the Grantee
hereunder, there shall be recoverable jointly and severally from the
principal and surety of such bond any damages or loss suffered by the City
as a result thereof, including the full amount of any compensation,
indemnification, or cost of removal or abandonment of any property of
the Grantee as prescribed hereby which may be in default, plus a reason-
able allowance for attorney's fees and costs, up to the full amount of the
bond; said condition to be a continuing obligation for the duration of such
franchise and thereafter until the Grantee has liquidated all of its obliga-
tions with the City that may have arisen from the acceptance of said fran-
M
Ordinance No. 809 (1979 Series)
chise by the Grantee or from its exercise of any privilege therein granted.
The bond shall provide that thirty (30) days prior written notice of in-
tention not to renew, cancellation, or material change be given to the City.
(b) Neither the provisions of this section, any bond accepted by
the City pursuant thereto, nor any damages recovered by the City thereunder,
shall be construed to excuse faithful performance by the Grantee or limit the
liability of the Grantee under any franchise issued hereunder or for damages,
either in the full amount of the bond or otherwise.
SECTION 14. INDEMNIFICATION OF THE CITY:
(a) The Grantee shall, at all times during the existence of any
franchise issued hereunder, maintain in full force and effect, furnish to
the City, and file with the Council of the City of San Luis Obispo at Grantee's
cost and expense, a general comprehensive liability insurance policy, in
protection of the City of San Luis Obispo, its officers, boards, commissions,
agents and employees, in a company approved by the City Administrative Officer
and in a form satisfactory to the City Attorney, protecting the City and all
persons against liability for loss or damage for personal injury, death, and
property damage, occasioned by the operation of Grantee under such franchise,
with minimum liability limits in the amount of One Million Dollars ($1,000,000.00).
(b) The policies mentioned in the foregoing paragraph shall name
the City of San Luis Obispo, its officers, boards, commissions, agents and
employees, as additional insureds and shall contain a provision that a written
notice of any cancellation or reduction in coverage of said policy shall be
delivered to the City thirty (30): days in advance of the effective date
thereof; if such insurance is provided in either case by a policy which also
covers Grantee or any other entity or person than those above names, then
such policy shall contain the standard cross - liability endorsement.
-7-
Ordinance No. 809
.(1979 .Series)
(c) No franchise granted under this ordinance shall be effective unless
and until each of the foregoing policies of insurance as required in this
section have been delivered to the City.
SECTION 15. INSPECTION OF PROPERTY AND RECORDS: At all reasonable
times, the Grantee shall permit any duly authorized representative of the
City to examine all property of the Grantee, together with any appurtenant
property of the Grantee situated within or without the City, and to examine
and transcribe any and all records kept or maintained by the Grantee or
under its control which deal with the operation, affairs, transactions or
property of the Grantee with respect thereof. The Grantee shall, at all
times, make and keep in the city full and complete plans and records showing
the exact location of its CAFS system equipment installed on public property
in the City.
SECTION 16. OPERATIONAL STANDARDS: The CAFS system shall be in-
stalled and maintained in accordance with the highest and best accepted
standards of the industry to the end that subscribers shall receive the best
possible service. The system and all equipment shall be designed and rated
for twenty -four (24) hour per day continuous service.
In the event the council determines that the quality of service being
rendered by the Grantee is not equal to comparable systems delivering similar
service in the State of California, the Grantee, upon written notice from the
council, shall, with due diligence do whatever is necessary to bring its
service up to such standards.
SECTION 17. MISCELLANEOUS PROVISIONS:
(a) All matters :herein provided to be!filed. with the City shall be
filed with the City Clerk.
(b) The rate schedule for any service agreement or increase thereto
to subscribers must have written approval of the City Council.
Ordinance No. 809 .(1979 Series)
(c) The Grantee shall pay to the City a sum of money sufficient to
reimburse it for expenses incurred by it in publishing legal notice and
ordinances in connection with the granting of a franchise pursuant to the
provisions of the ordinance; such payment to be made within thirty (30) days
after the City shall furnish such Grantee with a written statement of such
expense.
(d) The Grantee shall provide immediate maintenance service to
subscribers upon telephone request.
SECTION 18. APPLICATION FOR FRANCHISE:
(a) Application for a franchise hereunder shall be filed with the
City Clerk in a form approved by the City and shall contain the following
information:
(i) The name and address of applicant.
(ii) A general description of applicant's proposed CAFS
system operation, including the maximum number of subscribers
who may be served by the proposed system.
(iii) A statement or schedule in a form approved by the
City of proposed rates and charges to subscribers for installa-
tion and services, and a copy of proposed service agreement
between the Grantee and its subscribers shall accompany the
application.
(iv) A statement of the corporate organization of applicant,
including the names and addresses of its officers, directors, and
associates and also including the names of subsidiary companies with
a listing of other areas being served by CAFS or similar systems.
(v) A statement setting forth all agreements and under-
standings, whether written, oral or implied, existing between the
applicant and any person, firm, group or corporation with respect
Ordinance No. 809 (1979 Series)
to the franchise and the proposed operations. If a franchise is
granted to a person, firm, group or corporation posing as a front
or representative for another person, firm, group or corporation,
and such information is not disclosed in the original application,
such franchise shall be revoked automatically, and the council
shall consider awarding the franchise to another Qualified appli-
cant.
(vi) Applicant shall also furnish a financial statement pre-
pared by a certified public accountant as to the company's or
corporation's financial ability to complete installation and
operation of the CAFS system.
(vii) A statement of proposed percentage franchise payment
to the City referred to in Section 5 of this ordinance.
(b) Upon consideration of any such application, the City Council
may grant a franchise for CAFS system to such applicant as may appear from
said application to be in its opinion best Qualified to render proper and
efficient CAFS service to subscribers in the City of San Luis Obispo. The
council's decision in the selection will be final.
(c) Any franchise issued pursuant to this ordinance shall include
the following condition:
The CAFS system herein franchised shall be used and operated
solely and exclusively for the purposes, expressly authorized by
ordinance of the City of San Luis Obispo, and for no other purpose
whatsoever.'
The inclusion of the foregoing statement in any such franchise
shall not be deemed to limit the authority of the City Council to include any
other reasonable condition; limitation or restriction which it may deem
necessary to impose in connection with such franchise pursuant to the
5 "
Ordinance No. 809 (1979 Series)
authority conferred by this ordinance.
SECTION 19. ENFORCEMENT: The City Administrative Officer shall be
responsible for the enforcement of all provisions of the grant.
SECTION 20. This ordinance, together with the ayes and noes, shall be
published once in full, at least three days before its final passage, in the
Telegram- T:s.ibune, a newspaper published and circulated in said city, and the
same shall go into effect at the expiration of thirty (30) days after its
final passage.
INTRODUCED AND PASSED TO PRINT this 5th day of June 1979,
on motion of Councilman Jorgensen , seconded by Councilwoman Billig , and
on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
ATTEST:
Ci;pCI6-rk J. H. Fitzpatrick
Approved as to form:
City Attorney.
Approved as to content:
City AdminTs7trdtive Officer
Fire Chief
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� 0
Police ief
ORDINANCE N0. 809
(1979 Series)
FINALLY PASSED this 19th day of June ,
1979., on motion of Councilman Jorgensen , seconded by
Councilwoman Billig , and on the following roll call
vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
ATTEST:
A
erk J.H. Fitzpatrick
v
r Lynn R. Cooper