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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 -2- 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. -3- 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 -4- 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 -11- � 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