Item 17 - Selection of Consultant to Perform Automated Mngt. Tracking for Security Alarm Permits
AGENDA REPORT
CITY OF POW A Y
. This report i. included on the Consent calendar. There viII be no ..parate discussion of the
report prior to approval by the City COUncil unl... member. of the Council, ataff or public
request it to be removed from the Consent C&lendar and discussed separately. If you wish to
have this report pulled for discussion, pl.... fill out a slip indicating the report number
and give it to the City Clerk prior t.o the beginning of the City Council Meting.
TO:
INITIATED BY:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Man~ '
William A. Toon, Director of S~fety Services
Robert W. Krans, Fire Marsha~~
September 12, 1989
FROM:
DATE:
SUBJECT:
Selection of Consultant to Perform an Automated
Management Tracking, Processing and Collection
System for Security Alarm Permits, False Alarms, and
False Alarm Penalty Fees
ABSTRACT
On July 11, 1989, the City Council adopted a new ordinance
relating to security alarms and Resolution No.89-110 establishing
permit fees and false alarm prevention penalty fees. The fees
will create the additional revenues necessary to pay for services
contracted to an outside tracking firm.
BACKGROUND
The tracking and billing of the false alarm prevention penalty
requires significant staff time. The newly adopted ordinance adds
a new alarm application and permit to be processed upon the
occurrence of the first false alarm, as well as the collection of
a fee. This process will amplify the time already required for
traCking and billing, thereby reducing the number of available
hours for the code compliance officer. Mr. Carter Green, owner
and operator of Western Alarm Tracking (WAT) has submitted a
proposal to provide all of these services to the City of Poway.
F:IND:INGS
Staff reviewed the proposal with Mr. Carter Green and mutually
developed the attached agreement(Attachment 1). This agreement
between Western Alarm Tracking and the City of poway will assist
staff in maintaining reasonable time frames and provide additional
time necessary to keep our code compliance officer performing at
a quality level of service.
ACTION:
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Agenda Report
September 12, 1989
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FrSCAL IMPACT
With the adoption of new fees for permits and false alarm
penalties, it is estimated that revenues(7567) will be $21250.00.
Estimated expenditures for Western Alarm Tracking to provide this
tracking, processing and collection service is $8,500.00
Est-imation of figures is based on FY 88/89 false alarm statistics.
RECOMMENDATl:ON
It is recommended that the City Council execute the attached
agreement for Tracking, Processing, and Collection Services with
Western Alarm Tracking. It is further recommended that the City
Council set-up revenue' account 7567 (Alarm Registration and
Penalties) and appropriate $8,500.00 into account 1-502-399
(contractual services).
Attachment 1: Agreement with Western Alarm Tracking
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SEP 121989 ITEM 17
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SERVICING AGREEMENT
Thi8 Agreement made and entered iD.to in duplicate originals the date of the last signature hereto between "WESTERN
.ALARM TRACKING", hereinafter referred to 81 "WAT', 18627 Brookhunt, Suite 287, Fountain Valley, California 92708
and the "CITY OF POWAY", hereinafter rererred to u "CUSTOMER", and identified by ita oignature hereto.
WHEREAS W AT is experienced in Automated Management Tracking, Proceuing and Collection Systems; and
WHEREAS CUSTOMER desires to make use of said eervices and experience of WAT;
NOW, THEREFORE, it is agreed between the parties thereto 88 follows:
1. SUBJi;:CT
a. During the term oCthis Agreement WAT will supply to CUSTOMER, computerized services. Said services will
include:
1. ON.LINE computerized retrieval system at WAT facilities
2. Automatic enforcement notice mailing
3. Report(s) showing collection, banking and payment processing; and reporting of same to the
CUSTOMER
4. Verification of occurrence, permit. residence name and address given by Permit number andlor
Adclre..
b. W AT will provide the complete data processing services required for above including all necessary systems
analysis and delign, computer programming, conversion of data, information storage and. retrieval, data
transmission, systems controls and all related man.machine interaction including data entry and verification
necessary for the CUSTOMER.
2. RELATIONSIDP OF CUSTOMER AND WAT
a. WAT is not an employee of CUSTOMER. Rather, WAT is an independent contractor although WAT
employees/agents may work with CUSTOMER'S employeea and at times at the cite or CUSTOMER'S business
location. CUSTOMER is contracting for results produced by WAT only and shall not determine how WAT
internally performs its obligations under this Agreement. WAT shall bear all of ita own expense and
disbursements for travel, maintenance, personnel, office, clerical, and overhead expense.
3. SERVICES PERFORMED BY WAT
a. WAT agrees to process CUSTOMER AND/OR ISSUING AGENCY'S data within three (3) day. or receipt of
documents form CUSTOMER AND/OR ISSUING AGENCY. WAT will process and record person or persons record
of payment(s) received. W A T will provide monthly a 8tatistics report summarizing said information to
CUSTOMER although eliminating reporting of false alarm. from prior calendar yean if more than twenty-four (24)
months after initial delivery to WAT.
b. WAT agrees to provide, as requested, additional reporting. Agreed upon delivery times by WAT are subject
to delay for causes beyond those anticipated by or within the control of WAT. WAT does not agree to assume
responsibility for consequential damages to CUSTOMER, if any, for delay in W AT delivery specially requested
processed recorda or data to CUSTOMER.
c. All monthly reporting and acmunting will be provided to the CUSTOMER by the 15th of the month for
received activity for the previous month. .
d. If any, all forms, all delinquency notice.. and all correlpondence lent and provided by WAT will conform to
State and local law.
4. SERVICES BY CUSTOMER
.. CUSTOMER shall supply the follOWing to WAT at the rollowing tim..:
1. Alarm information (residence, alarm company, Calse alarm, and ill number lyatem).
2. Copies of ordinance and Appeal form (if any) to accompany invoice mailer.
3. Provide WAT with all necessary CUSTOMER letterhead end envelopes.
5. PROPERTY OF WAT
a. The parties hereto agree that W A T is the owner of and shall remain the owner of all of its concepts,
approaches, trade secrets, computer programs, experience, written procedures, forms, magnetic tapes, punch cards,
and similar computer materials.
b. Trade secrets shall be defined by agreement between the parties hereto to include without limitation, W AT
Computer Software and ideas included therein. .
c. During the term of this Agreement and the relationship of the parties, WAT may develop new and additional
programs, and methods of handling and processing the data which is the subject of this Agreement which
programs and methods are agreed to be the property of WAT.
6. PROPERTY OF CUSTOMER
a. All documents, records, tapes, information supplied by CUSTOMER to WAT is agreed to be and to remain the
sole property of CUSTOMER and WAT agrees to return the physical evidence of same supplied by CUSTOMER
to CUSTOMER no late that forty.five (45) days following termination of this Agreement. Within such period, the
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CUSTOMER may make arrangements with WAT for the transmission of such data to the CUSTOMER upon
payment to WAT of the cost of such tape and processing charges from WAT"s computer Cacilitie. to CUSTOMER's
designated point of delivery. If termination of this document is by WAT, WAT will waive all costs set out in this
paragraph.
'7. STORAGE FOR CUSTOMER
a. Wat agree. to store and have available its processing of CUSTOMER's data for a reasonable period of time,
no longer than threeahundred sixty-five (365) days. WAT will provide CUSTOMER reasonable retrieval of lame
during such period. The CUSTOMER relieve. WAT of all liability coata and 1088 for euch storage or retrieval for
CUSTOMER to any other penon or entity using BUM data.
b. Subsequent to eaid three-hundred eixty.five (365) daye, WAT will deliver to CUSTOMER WAT'. hard copy.
If requested, a magnetic: tape of processed data i. available for a fee of Seventy-Five Dollars.
8. EXCLUSMTY
'S. The parties agree that the consideration to be paid to WAT is based in part upon WAT furthering and
developing its good will 88 the exclusive servicer of laid of laid services to CUSTOMER. CUSTOMER therefore
agrees to utilize only the services of WAT during the term of this Agreement for the procesaing of the Alarms
rcfcJTed to above. CUSTOMER agrees during the term of the Agreement to not directly or indirectly assist a
competitor of WAT in the performance of the services provided by WAT under this Agreement, and subsequent
to the term. of this agreement to not divulge the trade secrets or property of WAT to any entity other than WAT.
8. PAYMENT TO CUSTOMER
8. False Alarm payments will be deposited daily, or as otherwise agreed upon schedule, into CUSTOMER's bank
account. CUSTOMER will disburse revenues monthly, on the 15th of each month, for the previous month upon
presentation of an invoice from WAT. WAT will provide a detailed listing of all false alarms paid, in addition to
all requested reports.
10. CONFIDENTIALITY
a. CUSTOMER agJ"Ces to keep confidential the procedures, approaches. and trade secrets. WAT agrees to keep
confidential the data supplied it by CUSTOMER except if same is delivered to or released to a third party or
parties at the request of CUSTOMER or as reasonably anticipated in order to supply the herein services to
CUSTOMER. WAT shall not be obligated to keep private data which has entered public knowledge or which may
legally be obtained through third parties, or to keep confidential techniques developed solely by W AT or jointly
with CUSTOMER regarding thi. oubject of this Agreement.
11. HOLD HARMLESS
8. W A T agrees to use reasonable care in the processing of data au pplied by CUSTOMER and agrees to correct
errors in its transcribing without charge. Neither party agrees to responsibility to any other party for the
negligence of the other party to this agreement. Each party agrees to:
1. Defend after reasonable notice and request suits brought against the other which are due to its own
negligence; and
2. Pay any non-exemplary judgement against the other party resulting from its own negligence after
reasonable and timely opportunity to defend has been given to the negligent party.
b. CUSTOMER additionally agrees to hold W AT harmless from damages, if any, which flow necessarily from
release of the herein data to WAT and WAr's non-negligent performance of its duties as herein provided.
12. AFFIRMATIVE ACTION .
a. W AT will comply with Title VI of the Civil Rights Act of 1964 and that no person shall, on the grounds of race.
creed, color, handicap, sex or national origin be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under this act.
13. TERM
a. The term of this Agreement shall commence upon last signature of this agreement hereto and shall continue
in full force and effect for 1 year at which time it shall automatically renew for 1 year periods unless 30 days
prior to same either party notifies the other in writing of its election to NOT renew for cause, or unless earHer
terminated by the occurrence of any of the follOWing occasions:
1. Ninety (90) days written notice (without cause) served on the other partYi or
2. Breach of the Agreement by the other part.y upon written election based thereon served on the other
party giving the other party thirty (30) days within which to cure such breach, if curable.
14. INCORPORATORS
a. The cxhibits attached hereto labeled EXHIBIT A-& B are hereby incorporated by this reference with the same
force and effect as if set forth in full in this place.
15. A'ITORNEY'S FEES
a. If any action is med in a Court of proper jurisdiction and is reasonably necessary to enforce the terms of this
Agreement, the prevailing party shall be entitled to its reasonable attorney fees and reasonable disbursements
in addition to any other relief to which the prevailing party may be entitled.
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18. CHOICE OF LAW
.. Thio Agreement ohall be gvvemed by and conlllrued In accorda""" with the laws of the state where this
contract is being signed and at the time DC execution or renewal thereof wherein the consideration to W AT i.
payable and wherein this Agreement ia accepted by WAT.
17. PARTIAL INVALIDITY
a. If sny portion of this Agreement Is declared Invalid by Court of proper jurisdiction the remaining provlaiollll
shan be carried In elfect as stated.
18. ENTIRE AGREEMENT
a. This Agreement constitutes the only Apement DC the parties hereto relating to the herein services and
conectly leta forth their respective rights and duties. Any prior or concurrent representations, agreements,
. promises, negotiations not expreaaly .et forth herein are agreed to be of no force or effect.
Eseeuted on the datu Nt baid. .1enaturee: hento at the pia.,.. hereafter indicated.
~RN ALARM TRACKING, by:
l<:~'~ Q. G )).
Carter C. Green, President
Date: 8 -~ -89
at Fountain Valley, California.
CITY OF POWAY, I>y:
James L. Bowersox, City Manager
Date:
. at Powey, California.
APPROVED AS TO FORM:
Stephen M. Eckis, City Attorney
Date:
. at Poway, California.
ATIEST:
Marjorie K. Wahlsten, City Clerk
Date:
. at Poway, California.
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EXHIBIT '~"
Procedure for collection of False Alarm fees and forwarding:
1. WAT will instruct citees/defendants to mail personal check or money
order only to:
CITY OF POWAY
or other agreed upon local area mailing address, made payable to "City of
POWAY".
2. False Alarm payents will be deposited into CUSTOMER'S bank account,
accessible by WAT in Orange County, California. WAT will provide a
detailed listing of all false alarms paid, in addition to all requested reports.
3. WAT agrees to make all deposits on a daily or 'as received' basis.
4. In case WAT ceases or discontinues the above processing, all software
including data files will become the exclusive property of CUSTOMER.
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EXHIBIT ''B''
RATE Exhibit
Service charges to CUSTOMER by WAT:
1. Permit issuance
a. 40% for each permit issued.
2. False Alarm Fees, BY CALENDAR YEAR.
~. 40% of collections up to $50,000.00.
b. 25% of collections above $50,000.00.
3. Postage Costs
a. Billing to be the responsibility of WAT.
b. Warning letters/notifications to be the responsibility of
CUSTOMER.
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