HomeMy WebLinkAbout2010-364
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
2
3
4
RESOLUTION NO. 2010-364
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A
CONTRACT WITH PMAM CORPORATION OF IRVING, TEXAS FOR POLICE
FALSE ALARM BILLING SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. After a review of products, pricing, existing infrastructure, and a check
of municipal references, PMAM Corporation of Irving, Texas is the recommended provider for
the purchase ofa service contract for Police False Alarm billing services, alarm holder
education services, and annual pernlit holder management services for the San Bernardino
Police Department. Pursuant to San Bernardino Municipal Code 3.04.01 O(b )(3), the Mayor and
Common Council approve a selected source justification for this purchase.
SECTION 2. That the Mayor and Common Council authorize the City Manager, or his
designee, to sign the Vendor Service Agreement (attached and labeled as Exhibit A) between
PMAM Corporation and the City of San Bernardino for services outlined in Section 1 of this
Resolution.
SECTION 3. The authorization to sign the Vendor Service Agreement referenced in
Section 2 of this Resolution is rescinded if the Vendor Service Agreement is not signed by both
parties within forty-five (45) days of the passage of this Resolution.
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
20
21
22
23
24
25
26
27
28
2010-364
1
2
3
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A
CONTRACT WITH PMAM CORPORATION OF IRVING, TEXAS FOR POLICE
FALSE ALARM BILLING SERVICES.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
5 and Common Council of the City of San Bernardino at a regular meeting thereof, held
6 on the 1st day of November
, 2010, by the following vote, to wit:
7
8
9
10
11
12
13
14
15
16
17
Council Members: AYES
MARQUEZ X
DESJARDINS X
BRINKER X
-
SHORETT X
KELLEY X
JOHNSON X
MCCAMMACK
NAYS
ABSTAIN ABSENT
X
~I.J.~_
Rac el G. Clark, City Clerk
18 The foregoing Resolution is hereby approved this -<//71 day of November
19
,2010.
~
a ick J. Morris, ayor
City of San Bernardino
Ap roved as to Form: ()
.r~
J 11 sF. Penman, City Attorney
2010-364
VENDOR SERVICES AGREEMENT
CITY OF SAN BERNARDINO and PMAM CORPORATION
This Vendor Services Agreement is entered into this _ day of
by and between PMAM Corporation. a Texas based Corporation whose address is 105
Decker Court. Suite 675. Irvin2: Texas. 75062 ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the installation, conversion, operation and
service of a False Alarm Reduction Program and for the alarm tracking and billing system
("F AMS") and collection services in accordance with the City's Alarm Ordinances;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth on Exhibit "A," attached hereto and
incorporated herein.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the VENDOR, shall retain no more than 22% of
revenue collected from false alarm fees and fines. There will be NO cost to the City
at any time. PMAM Corporation will provide all the resources and bear all expenses
for printing the stationery and all other related expenses.
b. CITY shall reimburse no expenditures made by VENDOR.
c. CITY shall have the right to audit Vendor's accounting practices and files at any time.
3. TERM.
The initial term of this Agreement shall be for a period of three years. The projected start
up date for full service outsourcing is November 1, 2010. The City shall have the right and
option to extend the term hereof by two additional (3) year periods by giving written notice to
Vendor of City's election to extend the terms hereof. Any extensions of this Agreement shall be
on the same terms as set forth herein unless otherwise agreed to by the parties in writing.
City shall inform Vendor in writing if Vendor fails to perform its duties under this Agreement.
Vendor shall remedy the problem within ninety (90) days from the receipt of such notices.
1
Exhibit "A"
2010-364
Should Vendor fail to remedy the problem with III ninety (90) days,
City may terminate this Agreement.
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties. City shall
pay all that is payable under this Agreement to Vendor until the date of termination.
Vendor Fee Schedule and pricing for any and all services to be provided by Vendor to City
under this Agreement have been set, established and agreed to based upon the current
provisions of applicable City ordinances relating to alarms. Should said ordinances change at
any time during the term of this Agreement to reduce the applicable fee, fines and charges, as
same may be extended, then Vendor reserves the express right to enter into good faith
negotiations with City to modify the Fee Schedule and pricing accordingly. If, within thirty (30)
days of notice from Vendor to City of its desire to so renegotiate, the parties are unable to reach
an agreement mutually acceptable to both parties, then Vendor reserves the right to terminate
this Agreement. Said termination shall not be deemed to be a default by Vendor under this
Agreement, Vendor shall be paid all fees and costs due and owing Vendor as of the date of said
termination.
Effect of Termination. If this Agreement is terminated as provided herein, City may require
Vendor to provide all finished or unfinished documents and data and other information of any
kind prepared by Vendor in connection with the performance of services under this Agreement.
Vendor shall be required to provide such documents and other information within fifteen (15)
days of the request. All data relating to Alarm permits shall be owned by the City. Upon
termination of this Agreement, Vendor shall deliver to the City all data in MS-SQL format.
4. Intellectual Property.
Vendor retains all right and title to the application software, including but not limited to,
all publication rights, all development rights, all reproductions rights, and all rights that may
follow from the commercial development of the software. The City does not acquire any
ownership rights to the application software. The software is protected in favor of PMAM, as
well as any future registered trademarks, are trademarks of PM AM.
The proprietary software is considered loaned to the City during the duration of this Agreement
as laid out in herein and the City will not have any access to PMAM's proprietary software after
the termination of the Agreement.
5. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
2
2010-364
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees, the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
6. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the CITY's Risk Manager
prior to undertaking any work under this Agreement. CITY shall be set forth as an additional
named insured in each policy of insurance provided hereunder. The Certificate of Insurance
furnished to the CITY shall require the insurer to notify CITY in writing at least 30 days prior to
any change in or termination of the policy.
7. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
8. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
10. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
3
2010-364
TO THE CITY:
TO THE VENDOR:
City Manager
300 North "D" Street
San Bernardino, CA 92418
PMAM Corporation
105 Decker Court, Suite 675
Irving, TX 75062
11. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his office in
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
12. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this Agreement.
Regardless of CITY's consent, no subletting or assignment shall release VENDOR of
VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder
for the term of this Agreement.
13. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
14. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
15. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
16. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
proVISIOns.
4
2010-364
17. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies. The failure of either party to act in the event of a breach of this Agreement
by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless
such waiver shall be in writing and signed by the party against whom enforcement is sought.
18. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject matter of
this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2009
PMAM Corporation
By:
Pankaj Kumar, CEO
Dated
,2009
CITY OF SAN BERNARDINO
By:
Charles McNeely, City Manager
Approved as to Form:
James F. Penman, City Attorney
By:
5
2010-364
VENDOR SERVICES AGREEMENT
CITY OF SAN BERNARDINO and PMAM CORPORATION
This Vendor Services Agreement is entered into this ill- day of November
by and between PMAM Corporation. a Texas based Corporation whose address is 105
Decker Court. Suite 675. Irvinl! Texas. 75062 ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the installation, conversion, operation and
service of a False Alarm Reduction Program and for the alarm tracking and billing system
("F AMS") and collection services in accordance with the City's Alarm Ordinances;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth on Exhibit "A," attached hereto and
incorporated herein.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the VENDOR, shall retain no more than 22% of
revenue collected from false alarm fees and fines. There will be NO cost to the City
at any time. PMAM Corporation will provide all the resources and bear all expenses
for printing the stationery and all other related expenses.
b. CITY shall reimburse no expenditures made by VENDOR.
c. CITY shall have the right to audit Vendor's accounting practices and files at any time.
3. TERM.
The initial term of this Agreement shall be for a period of three years. The projected start
up date for full service outsourcing is November 1, 2010. The City shall have the right and
option to extend the term hereof by two additional (3) year periods by giving written notice to
Vendor of City's election to extend the terms hereof. Any extensions of this Agreement shall be
on the same terms as set forth herein unless otherwise agreed to by the parties in writing.
City shall inform Vendor in writing if Vendor fails to perform its duties under this Agreement.
Vendor shall remedy the problem within ninety (90) days from the receipt of such notices.
1
2010-364
Should Vendor fail to remedy the problem with m ninety (90) days,
City may terminate this Agreement.
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties. City shall
pay all that is payable under this Agreement to Vendor until the date of termination.
Vendor Fee Schedule and pricing for any and all services to be provided by Vendor to City
under this Agreement have been set, established and agreed to based upon the current
provisions of applicable City ordinances relating to alarms. Should said ordinances change at
any time during the term of this Agreement to reduce the applicable fee, fines and charges, as
same may be extended, then Vendor reserves the express right to enter into good faith
negotiations with City to modify the Fee Schedule and pricing accordingly. If, within thirty (30)
days of notice from Vendor to City of its desire to so renegotiate, the parties are unable to reach
an agreement mutually acceptable to both parties, then Vendor reserves the right to terminate
this Agreement. Said termination shall not be deemed to be a default by Vendor under this
Agreement, Vendor shall be paid all fees and costs due and owing Vendor as of the date of said
termination.
Effect of Termination. If this Agreement is terminated as provided herein, City may require
Vendor to provide all finished or unfinished documents and data and other information of any
kind prepared by Vendor in connection with the performance of services under this Agreement.
Vendor shall be required to provide such documents and other information within fifteen (15)
days of the request. All data relating to Alarm permits shall be owned by the City. Upon
termination of this Agreement, Vendor shall deliver to the City all data in MS-SQL format.
4. Intellectual Property.
Vendor retains all right and title to the application software, including but not limited to,
all publication rights, all development rights, all reproductions rights, and all rights that may
follow from the commercial development of the software. The City does not acquire any
ownership rights to the application software. The software is protected in favor of PMAM, as
well as any future registered trademarks, are trademarks of PM AM.
The proprietary software is considered loaned to the City during the duration of this Agreement
as laid out in herein and the City will not have any access to PMAM's proprietary software after
the termination of the Agreement.
5. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
2
2010-364
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees, the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
6. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1 ,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the CITY's Risk Manager
prior to undertaking any work under this Agreement. CITY shall be set forth as an additional
named insured in each policy of insurance provided hereunder. The Certificate of Insurance
furnished to the CITY shall require the insurer to notify CITY in writing at least 30 days prior to
any change in or termination of the policy.
7. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
8. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
10. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
3
2010-364
TO THE CITY:
TO THE VENDOR:
City Manager
300 North "D" Street
San Bernardino, CA 92418
PMAM Corporation
105 Decker Court, Suite 675
Irving, TX 75062
11. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his office in
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
12. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this Agreement.
Regardless of CITY's consent, no subletting or assignment shall release VENDOR of
VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder
for the term of this Agreement.
13. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
14. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
15. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
16. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provIsIons.
4
2010-364
17. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies. The failure of either party to act in the event of a breach of this Agreement
by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless
such waiver shall be in writing and signed by the party against whom enforcement is sought.
18. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject matter of
this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: JJ - ) g
ruJlO
,1e69
PMAM Corporation
BY:~~
Pankaj Kumar, CEO
Dated /1/1
,~
Approved as to Form:
James F. Penman, City Attorney
"
f~
5
2010-364
Exhibit A
Scope of Services
PMAM Corporation shall provide a false alarm tracking software package
and a web based management utility which shall include at a minimum,
the following components:
I. Creation of a database and a custom website interface
A. PMAM shall provide a web-based solution that will provide
the City of San Bernardino with an opportunity to direct
Internet users to the established PMAM website via the
City's website or by other means directly so that the
citizen user can do at least the following actions:
1. Allow citizens and business owners to enter information
for their permit, pay renewals, pay fines, and access
their accounts on the Internet.
2. The website will also provide information, including
text, video training, and educational materials related
to alarms and false alarm problems for citizens and
business owners.
B. On a weekly basis, PMAM shall access a FTP website provided
by the City of San Bernardino and electronically upload the
CAD Calls-for-Service file provided by the Police
Department related to false alarm responses.
C. On a weekly basis, PMAM shall access a FTP website provided
by the City of San Bernardino and shall download to this
site a current listing of revoked, suspended, or
reactivated alarm permits for the Police Department's
reVlew.
D. PMAM shall provide, at no cost to the permit holder or the
City, CD-ROM discs to citizens and business owners in the
City of San Bernardino with training and educational
information concerned the operation of an alarm within the
Ci ty. PMAM will personalize the CD-ROM with graphics and
symbols representing the City of San Bernardino and the San
Bernardino Police Department.
II. Enforcement of the False Alarm Ordinance:
A. During the term of this agreement, PMAM Corporation shall
provide the City with unrestricted access to their
proprietary software package that will be used to maintain
false alarm permits, track and invoice false alarm events,
2010-364
and that generates reports related to activities associated
with this program.
1. The software package and its associated public websi te
shall to, at a minimum, the following functions:
a. Send alarm permi t applications to residents and
businesses that may have alarms but are not registered
in the City alarm permit database.
b. Maintain a listing of permits
suspended, and/or revoked.
c. Send alarm permit renewal applications
reminder notices to permit holders
scheduled renewal dates.
d. Send letters and invoices to residences and businesses
that have false alarm events as per the City's False
Alarm Ordinance and conduct any necessary follow-up.
e. Collect all associated fee and conduct all
interactions either by letters or by telephone calls
with permit holders and unregistered alarm system
operators for fee and reconcile accounts on a monthly
basis.
that
are
active,
and associated
before their
f. Respond to all queries from permit holders and
unregistered alarm system operators.
g. Send out renewal notices at least 30 days in advance
of expiration/renewal dates.
2. All data relating to alarm permits, responses, and fees
collected shall be owned by the City of San Bernardino
and upon termination of this agreement PMAM shall deliver
to the City all data in the City's selected format.
Additionally, all parties agree that:
a. PMAM shall retain all rights and title to application
software that they provide including but not limited
to, all publication rights, all development rights,
all reproduction rights, and all rights that may
follow from the commercial development of the
software. The City does not acquire any ownership
rights to the application software provided by PMAM.
The application software provided by PMAM is protected
by copyright and is trademarked by PMAM.
b. All information provided by the City and it's permit
holders lS confidential and shall not be shared,
loaned, sold, or viewed by anyone not on the City of
San Bernardino's designated "share list" without the
expressed permission of the City of San Bernardino.
c. Dedicated PMAM personnel who will be responsible for
answering call, educating permit holders, or
2010-364
unregistered alarm system operators on lssues
surrounding the City's False Alarm Ordinance, alarm
permitting procedures, invoicing questions, and all
other service related issues shall be direct employees
of PMAM and shall be located at PMAM's corporate
worksite.
d. It shall be the responsibility of PMAM to pay all
costs related to printing all stationary, all postage,
and all other related operating costs related to
correspondence with permit holders and unregistered
alarm system operators.
e. It shall be the responsibility of PMAM to produce, at
no cost to the City or its permit holders, an
educational multimedia COROM.
f. A dedicated telephone number will be
paid for by PMAM for permit holders and
provided, and
unregistered
III. Report Generation
A. PMAM shall provide the following information to the City of
San Bernardino upon request at anytime:
1. Provide a monthly report detailing all funds received and
an associated detail of monies distributed to both PMAM
and the City of San Bernardino.
2. Specialized reports that include:
a. Annual permit renewals billed and associated fees
collected.
b. Permits inactivated and reasons for inactivation.
c. Permits reactivated and reasons for reactivation.
d. Number of false alarm events received by PMAM.
e. Number of false alarm events billed and associated
fees collected.
f. Number of reinstatement fees billed and associated
fees collected.
g. Number of false alarm events for permit holders.
h. Number of false alarm events for unregistered alarm
system operators.
IV. Other Duties
A. PMAM shall provide the following additional services as
part of this contract:
1. Generate suspension notices based on the City Falase
Alarm Ordinance.
2. Generate notices to unregistered alarm system operators
about false alarm events and the required permitting
processes.
each permit.
Provide searches based on permit holder names (persons
and businesses) .
Print permits online and in batch processes.
Archive inactive permits.
Make and report adjustments/corrections on fees related
to accounting errors.
Generate incidents manually for accounts as needed.
Issue notices to permit holders and unregistered alarm
system operators with excessive false alarms.
12. Issue notices to unregistered alarm system operators
about any false alarm responses.
13. Archive historical data.
14. Accept and establish temporary account
unregistered alarm system operators who
false alarm charges.
15. Transfer temporary account number charges to permanent
account numbers when permits are issued to unregistered
alarm system operators.
16. Determine false alarm charges based on the City of San
Bernardino's False Alarm Ordinance fee schedule.
17. Show all incident and their associated charges on an
account (permit) history record for each billing
period.
18. Provide itemized
invoices/billings.
B. PMAM shall provide the following
services as part of this contract:
1. PMAM will establish, open, and maintain a bank account
solely for the deposit of alarm related revenue
associated with the City of San Bernardino.
Each month, PMAM will issue two checks from the bank
account opened solely for City of San Bernardino
revenues. One check shall be issued to the City of San
Bernardino for 78% of all revenue collected for the
prior month and the other check to PMAM for 22% of all
revenue collected for the prior month.
PMAM acknowledges that the City of San Bernardino has
the right to audit this bank account at any time.
2010-364
3. Maintain historical information on permit issuance,
renewals, suspensions, and reinstatement by property
address.
4. Maintain status information for all permits.
5. Maintain a count of all true and false alarm events on
6.
7.
8.
9.
10.
11.
numbers for
have incurred
balance
forward
capabilities
on
financial
addi tional
2.
3.
2010-364
4. PMAM will issue, along with the two monthly checks, a
monthly statement of activity for reconciliation of
revenues against the number of accounts billed.