HomeMy WebLinkAbout05.O- Police 5.0
DOC ID: 4684
a CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
x Agreement/Contract
From: Jarrod Burguan M/CC Meeting Date: 11/07/2016
Prepared by: Georgeann "Gigi" Hanna,
Dept: Police Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of the Second Three-Year Extension of the Alarm Administration Services
Agreement Between PMAM Corporation and the City of San Bernardino. (#4684)
Current Business Registration Certificate:
Financial Impact:
Account Budgeted Amount: $60,000.
Account No. 001-210-0000-4747
Account Description: False Alarm Fines
Balance as of: 10/05/16
Balance after approval of this item: $60,000.
Account Budgeted Amount: 125,000.
Account No. 001-210-0000-4305
Account Description: Alarm Permit Fees
Balance as of: 10/05/16
Balance after approval of this item: $125,000.
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
10/21/13 Resolution 2013-293 approved authorizing the execution of the first three-
year extension of the contract with PMAM Corporation of Dallas, Texas,
for Police False Alarm Billing Services
11/1/2010 Resolution 2010-364 approved authorizing the contract with PMAM for
Alarm Compliance billing services.
Background:
In November 2010, the City of San Bernardino entered into a contract with PMAM
Corporation of Irving, Texas, attached hereto as Exhibit "B." PMAM Corporation
provided the following services to all alarm permit holders:
1. Accesses to an interactive government web-based alarm permit account. This
provides the permit holder the ability to view their account, make payments,
renew their alarm permits and make certain modifications.
2. The option to receive paperless electronic invoices and to receive notifications
when they are near the point of suspension for too many false alarms.
3. An automated phone call advising alarm users every time an alarm activation
Updated: 11/2/2016 by Georgeann "Gigi" Hanna Packet Pg. 198
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4684
initiates police response.
4. An educational CD to educate the public on how to prevent or limit false alarms.
5. Access to the help desk staff to enable permit holders the opportunity to talk with
staff and discuss any issues centered around or related to false alarms.
PMAM Corporation has provided the Police Department with:
1. Web-based access for financial tracking and report auditing.
2. Full access to all permit holder account data.
3. Interactive control over account suspensions and reinstatements.
4. Assurance that if a question/concern should arise, it will be addressed
immediately
5. Access to staff (by telephone or internet) to address any and all issues that need
to be addressed immediately.
The overall initial impact of outsourcing has settled and the complaints are few.
However Police Financial Unit staff are available both by phone and in person during
regular business hours for any questions or inquiries from alarm owners. PMAM has
agreed to extend all terms and conditions of the original agreement including the 22%
revenue retention. There continues to be no out-of-pocket expense for the City in this
agreement. Contract extension agreement letter attached hereto as "Exhibit A."
Revenue has increased during this fiscal year, so we can anticipate that the outsourcing
of the alarm program would yield the City about $200,000 annually.
HISTORICAL DATA
Fiscal Year Alarm Permits False Alarm Fines
2013 $196,029 $106,397
2014 $121,340 $ 73,185
2015 $117,398 $ 57,763
2016 $120,515 $ 61,693
There is, however an expectation for false alarms incidents to fall by no more than 10%
annually, this is due to public education, collection services offered by the vendor and
inflation. Historically 60% of all alarm permit revenue is received between the months of
November and January each year.
Cost savings to the City are; one Senior Office Assistant $58,000, computer hardware
and software $2,000, paper, envelopes, and postage for invoices $10,000. Total annual
savings approximately $70,000. The biggest savings is in the reduction of calls for
service, which equates to additional savings in man-hours, which allows more time for
officers to respond to other critical calls.
Supporting Documents:
Reso for PMAM (DOC)
PMAM Extension Request - Exhibit "A" (PDF)
Vendor Services Agreement - PMAM - Exhibit "B" (PDF)
Updated: 11/2/2016 by Georgeann "Gigi" Hanna Packet Pg. 199
5.O.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO AUTHORIZING THE EXECUTION OF THE SECOND THREE-YEAIR
3 EXTENSION OF THE ALARM ADMINISTRATION SERVICES AGREEMENT
4 BETWEEN PMAM CORPORATION AND THE CITY OF SAN BERNARDINO
5 WHEREAS, the City of San Bernardino and PMAM Corporation have an Agreement
6 for Police False Alarm billing services; and,
7 WHEREAS,the parties wish to continue the Agreement for False Alarm billing services 3
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8 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCI
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OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager of the City of San Bernardino is hereby authorized an
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11 directed to execute the second three-year extension as provided for in Section 3 of the Vendo 2
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12 Services Agreement for Alarm Administration Services between the City of San Bernardino and E
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13 PMAM Corporation a copy of which is attached hereto as Exhibit"A." Q
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14 SECTION 2. The authorization granted hereunder shall expire and be void and of no a
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15 further effect if the Agreement is not executed by both parties and returned to the Office of the
16 City Clerk within sixty(60) days following the effective date of the Resolution. a
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5.0.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO AUTHORIZING THE EXECUTION OF THE SECOND THREE-YEA
2 EXTENSION OF THE ALARM ADMINISTRATION SERVICES AGREEMENT
BETWEEN PMAM CORPORATION AND THE CITY OF SAN BERNARDINO
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof,
6 held on the day of , 2016,by the following vote,to wit:
7 COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT 3
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8 MARQUEZ
9 BARRIOS r
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VALDIVIA v
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SHORETT
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12 RICHARD
13 MULVIHILL a
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15 Georgeann Hanna, City Clerk co
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16 The foregoing Resolution is hereby approved this of 2016. Q
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R. Carey Davis, Mayor o
18 City of San Bernardino d
Approved as to form:
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GARY D. SAENZ, E
20 City Attorney
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By:
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PM AM Corporation
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September 8,2016
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Sharlene G.Williams 3
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Administrative Analyst 11
San Bernardino Police Department
Financial Unit
710 North"D"Street
San Bernardino,CA 92401 v
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Ref: Second Extension of Contract for Alarm Administrative Services
Dear Ms.Williams:
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The purpose of this letter is to notify you that PMAM and the City would like to exercise the second year a
extension option associated with this agreement. The extension to the original agreement would, a
therefore, be for the period of June 30, 2016 through June 30, 2019. All terms, conditions and
amendments (if applicable) of the above-mentioned agreement apply to this extension. A confirming a
response to this letter is requested: your response should include your acknowledgement of the extension,
in addition to your understanding of,and concurrence with the terms and conditions of this extension. d
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City of San Bernardino PMAM Corporatio
By: By' w
Name: Mark Scott Name: Pankaj Kumar +'
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Title: City Manager Title: Chief Executive Officer
Date: Date: September 29,2016 0
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5430 LBJ Frwy. Suite 370 Dallas,Texas 75240 Phone: 972.831.7400 Fax: 972.831.7499 www.pmarn.co
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2010-364
+ VENDOR SERVICES AGREEMENT
CITY OF SAN BERNARDINO and PMAM CORPORATION
This Vendor Services Agreement is entered into this 1st day of November
by and between PMAM Corporation,a Texas based Corporation whose address is 105 d
Decker Court,Suite 675,Irving Texas,75062 ("VENDOR") and the City of San
Bernardino("CITY"or"San Bernardino').
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WITNESSETH: U
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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 (n
service of a False Alarm Reduction Program and for the alarm tracking and billing system E
('TAMS') and collection services in accordance with the City's Alarm Ordinances; a
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NOW,THEREFORE,the parties hereto agree as follows: a.
1. SCOPE OF SERVICES. co
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 00
incorporated herein.
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2. COMPENSATION AND EXPENSES. w
a. For the services delineated above, the VENDOR, shall retain no more than 22% of Q
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 a
for printing the stationery and all other related expenses.
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b. CITY shall reimburse no expenditures made by VENDOR.
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c. CITY shall have the right to audit Vendor's accounting practices and files at any time.
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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. E
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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. a
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2010-364
} Should Vendor fail to remedy the problem with in 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.
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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 o
provisions of applicable City ordinances relating to alarms. Should said ordinances change at N
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) cn
days of notice from Vendor to City of its desire to so renegotiate,the parties are unable to reach E
an agreement mutually acceptable to both parties, then Vendor reserves the right to terminate a
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.
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Effect of Termination. If this Agreement is terminated as provided herein, City may require v
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. m
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. w
4. Intellectual Property. a
Vendor retains all right and title to the application software, including but not limited to, a
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 a
ownership rights to the application software. The software is protected in favor of PMAM, as
well as any future registered trademarks,are trademarks of PMAM.
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The proprietary software is considered loaned to the City during the duration of this Agreement a,
as laid out in herein and the City will not have any access to PMAM's proprietary software after
the termination of the Agreement. w
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5. INDEMNITY. °a
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 U
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 Q
,. . actually caused by the sole negligence of the City, its elected officials, employees, agents or
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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 3
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.
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6. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement, o
VENDOR shall maintain in effect policies of comprehensive public, general and automobile N
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 E
furnished to the CITY shall require the insurer to notify CITY in writing at least 30 days prior to Q
any change in or termination of the policy. a
7. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees, 00
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 00
- sexual orientation,or any other status protected by law.
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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 a
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 E
employees, and all business license, if any are required, in connection with the services to be
performed hereunder. a
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9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. L
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,- o
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession. >
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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:
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• S.O.c
2010--364
TO THE CITY: TO THE VENDOR:
City Manager PMAM Corporation
300 North"D"Street 105 Decker Court, Suite 675
San Bernardino,CA 92418 Irving,TX 75062 3
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11. ATTORNEYS' FEES U
In the event that litigation is brought by any party in connection with this Agreement,the Y
prevailing party shall be entitled to recover from the opposing party all costs and expenses, o
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its N
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 d
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph. E
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12. ASSIGNMENT. a
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 CPTY's prior a
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 00
for the term of this Agreement.
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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, a
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature. E
14. GOVERNING LAW. a
This Agreement shall be governed by the laws of the State of California.
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15. SUCCESSORS AND ASSIGNS.
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This Agreement shall be binding on and inure to the benefit of the parties to this o
Agreement and their respective heirs,representatives, successors,and assigns.
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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.
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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 3
and effect. d
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17. REMEDIES;WAIVER.
All remedies available to either party for one or more breaches by the other party are and r
shall be deemed cumulative and may be exercised separately or concurrently without waiver of o
any other remedies. The failure of either party to act in the event of a breach of this Agreement v
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.
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18. ENTIRE AGREEMENT; MODIFICATION. E
This Agreement constitutes the entire agreement and the understanding between the tII
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parties, and supersedes any prior agreements and understandings relating to the subject matter of a
this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement. °
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
!; and date set forth below. 00
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Dated: P- 11 - 02009 PMAM Corporation W
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By: a
Pankaj Kumar, CEO
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Dated Ilk 09 1v CITY OF SAN BERNARDINO a
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Char es McNeely,Ci M er o
Approved as to Form:
James F.Penman, City Attorney
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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, i
the following components:
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I. Creation of a database and a custom website interface
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A. PMAM shall provide a web-based solution that will provide °
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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 m
citizen user can do at least the following actions: E
1. Allow citizens and business owners to enter information
for their permit, pay renewals, pay fines, and access Q
their accounts on the Internet. Q
2. The website will also provide information, including a
text, video training, and educational materials related er
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to alarms and false alarm problems for citizens and to
business owners.
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B. On a weekly basis, PMAM shall access a FTP website provided
by the City of San. Bernardino and electronically upload the k
CAD Calls-for-Service file provided by the Police w
Department related to false alarm responses.
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C. On a weekly basis, PMAM shall access a FTP website provided a
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 m
review. m
D. PMAM shall provide, at no cost to the permit holder or the Q
City, CD-ROM discs to citizens and business owners in the
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City of San Bernardino with training and educational
information concerned the operation of an alarm within the U)
City. PMAM will personalize the CD-ROM with graphics and Lea
symbols representing the City of San Bernardino and the San =
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Bernardino Police Department. >
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II. Enforcement of the False Alarm Ordinance: E
A. During the term of this agreement, PMAM Corporation shall U
provide the City with unrestricted access to their Q
proprietary software package that will be used to maintain
false alarm permits, track and invoice false alarm events,
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2010-364
and that generates reports related to activities associated
with this program.
1. The software package and its associated public website
shall to, at a minimum, the following functions:
a. Send alarm permit applications to residents and _
businesses that may have alarms but are not registered
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in the City alarm permit database. c
b. Maintain a listing of permits that are active,
suspended, and/or revoked. U
c. Send alarm permit renewal applications and associated
reminder notices to permit holders before their
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scheduled renewal dates. N
d. Send letters and invoices to residences and businesses 2
that have false alarm events as per the City's False
Alarm Ordinance and conduct any necessary follow-up. E
e. Collect all associated fee and conduct all e
interactions either by letters or by telephone calls Q
with permit holders and unregistered alarm system
operators for fee and reconcile accounts on a monthly a
basis.
f. Respond to all queries from permit holders and v
unregistered alarm system operators.
g. Send out renewal notices at least 30 days in advance m
of expiration/renewal dates.
2. All data relating to alarm permits, responses, and fees x
collected shall be owned by the City of San Bernardino w
and upon termination of this agreement PMAM shall deliver Q
to the City all data in the City' s selected format.
Additionally, all parties agree that: a
a. PMAM shall retain all rights and title to application
software that they provide including but not limited E
to, all publication rights, all development rights, m
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all reproduction rights, and all rights that may Q
follow from the commercial development of the
software. The City does not acquire any ownership
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rights to the application software provided by PMAM.
The application software provided by PMAM is protected o
by copyright and is trademarked by PMAM. ari
b. All information provided by the City and it's permit >
holders is confidential and shall not be shared,
loaned, sold, or viewed by anyone not on the City of Ec
San Bernardino's designated "share list" without the U
expressed permission of the City of San Bernardino. Q
1 c. Dedicated PMAM personnel who will be responsible for
answering call, educating permit holders, or
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unregistered alarm system operators on issues
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. 3
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. U
e. It shall be the responsibility of PMAM to produce, at y
no cost to the City or its permit holders, an u
educational multimedia CDROM.
f. A dedicated telephone number will be provided, and E
paid for by PMAM for permit holders and unregistered
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III. Report Generation Q
A. PMAM shall provide the following information to the City of aa..
San Bernardino upon request at anytime:
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1. Provide a monthly report detailing all funds received and v
an associated detail of monies distributed to both PMAM y
and the City of San Bernardino. 00
2. Specialized reports that include:
a. Annual permit renewals billed and associated fees x
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collected. ,
b. Permits inactivated and reasons for inactivation. Q
c. Permits reactivated and reasons for reactivation.
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d. Number of false alarm events received by PMAM.
e. Number of false alarm events billed and associated a
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fees collected. E
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f. Number of reinstatement fees billed and associated
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fees collected. Q
g. Number of false alarm events for permit holders. U
h. Number of false alarm events for unregistered alarm �
system operators. in
IV. Other Duties `o
A. PMAM shall provide the following additional services as
part of this contract:
1. Generate suspension notices based on the City Falase ai
Alarm Ordinance. E
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2. Generate notices to unregistered alarm system operators
about false alarm events and the required permitting Q
processes.
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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
each permit. 3
6. Provide searches based on permit holder names (persons °'
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and businesses) . �
7. Print permits online and in batch processes. U
8. Archive inactive permits.
9. Make and report adjustments/corrections on fees related 0
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to accounting errors.
10. Generate incidents manually for accounts as needed. U
11. Issue notices to permit holders and unregistered alarm
system operators with excessive false alarms. E
12. Issue notices to unregistered alarm system operators
about any false alarm responses. a
13. Archive historical data. Q
14. Accept and establish temporary account numbers for a.
unregistered alarm system operators who have incurred
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false alarm charges.
15. Transfer temporary account number charges to permanent
account numbers when permits are issued to unregistered o0
alarm system operators.
16. Determine false alarm charges based on the City of San x
Bernardino' s False Alarm Ordinance fee schedule. ui
17. Show all incident and their associated charges on an i
account (permit) history record for each billing 2
period.
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18. Provide itemized balance forward capabilities on r_
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invoices/billings. E
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B. PMAM shall provide the following financial additional L
services as part of this contract: Q
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. u°i
2 . Each month, PMAM will issue two checks from the bank o
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account opened solely for City of San Bernardino =
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revenues. One check shall be issued to the City of San >
Bernardino for 78% of all revenue collected for the m
prior month and the other check to PMAM for 22% of all E
revenue collected for the prior month.
3. PMAM acknowledges that the City of San Bernardino has Q
the right to audit this bank account at any time.
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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_
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