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CITY COUNCIL

1

AGENDA STATEMENT F;.. lv

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CHUTA VISfA ionsii.

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RESOLUTION OF THE CITY COUI TCIL OF THE CITY OF CHULA

VISTA

ACCEPTIl' G

BIDS.

A\ IjARDING

A

CONTR:ICT FOR SERVICES TO PMAM CORPORATIO\ TO PROVIDE SECURITY ALARM MAI TAGEME\ iT

SERVICES, AND APPROVII' G THE AGREEMENT FOR SECURITY

ALARM

BET\' EEN THE CI' SUBAIITTED BY:

CHIEF OF POL[ CE`

REVIEWED BY:

CITP MA\' AGER ASSIST\'

MANAGEME\' T

SERVICES

A,' D Piv1AM CORPORATION

T CITY MANAGEF

4/ STHS VOTE:

SL1 1D1ARY

YES

NO C

The City of Chula Vista issued a Request for Proposal ( RFP) for wnsultants to provide security alazm management services in support of the Cit}- s ne« security alarm pro am The City issued RFP` P08 — 12/ li seekine qualified vendors for this proeram. Based upon the responses received, staff recommends a azd of the Secwity Alarm Management Services contract to PMAM Corporation. ENV'IRON IE\ TTAL REVIE V

This proposed

activity has

been reviewed

for

compliance

vith the Califomia

Environmental Quality Act ( CEQA) and it has been determined that the activitv is not a Projecr' as defined under Section I 378 of the State CEQA Guidelines because it will not result in a physical chanee in the emironment; therefore, pursuant to Section

1 060( c)( 3) ofthe State CEQA Guidelines, the activity is not subject to CEQA. Thus, no em uonmental review is necessarv RECODIDZENDATION

That Council adopts the Resolution.

BOARDS/ COA4AZISSIOnT RECOn1MENDATION one

7- 1

10/ 15/ 13ltem Page 2 of 4

DISCUSSION

On May 28, 2013, City staff presented the City Council with a staff report to update and modernize the City' s security alazm program. These changes were necessary in order for the City to be able to minimize the effects of false security alarm activations, which were negatively impacting the Police Departments proactive response time ratios. The security alarm ordinance was a collaborative effort between the City and national, state and local alarm industry representatives. As part of staff's repoR to Council, staff recommended that the City hire a third party administrator to manage the security alarni program. The

City recently issued a Request for Proposal # P08 - l2/ 13 ( RFP) for firms to submit their qualifications and methodologies to provide management services for the City' s Security Alarm Program. The table below represents the two respondents to the RFP: Table 1 -

RFP #PO8- 12/ 13 RFP RESPODENTS

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PMAM Corporation CryWolf False Alann Solutions

Based upon the results from the RFP selection process, staff recommends contracting with PMAM Corporation to administer the security alarm program for the City. Both vendors

presented very similaz programs and both are highly qualified finns for the progam. PMAM Corporation was chosen ultimately due to their more favorable revenue sharing proposai. The management program will include a secure website that security alarm holders can access to pay for their permit fees and/ or alarm fines via credit/debit card.

Additionally, PMAM will provide customer service and work with security alarm holders in regards to the new security alarm ordinance. PMAM will also provide primary collections actions for non- current accounts. PMAM will also administer a false alarm education

program which secwity alarm holders can take to waive the first fine associated with a false security alarm.

Table 2, below; reflects the revenue sharing proposals for each firm In order to assess the impact of each proposal, staff assumed revenues up to $ 1 million. The table indicates the breakdown of revenue sharing proposal by both companies.

7- 2

10/ 1/

li Item Pase 3 of4

Table 2— Revenue Sharin

Proposals

FALSE ALARM PRICING COMPARISON RFP# P08- 12/ 13 i! Nw r. i1GmT c3-„' f

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aK

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Revenue Collected Assumes 1

k?

k

:=

ha.

i,ghest

collection amount

Gx 3c.•.."

s $ 2Y00, 001 $

2 ;``

200, 000 $ 400, 000- $

for

each

categoryc? cMl- s` T4-:.r 1.`i 400, 000 001 $ TOTALIF 0' 1, 000,000, ;$ 1; 750, 000 $ 000,OOOk

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PMAM

Maximum

Collections

Running

30, 000

$

Total

36, 000

$

66, 000

$ 129, 000

S 174, 000

18%

18"/0

S

63, 000

45, 000

$

174,000

Proposed Collection

Percentage

15%

18%

Y

s _'

PMAM., Maximum Coile'ctionsl _,. _.,: x

r

d.

4$ K

Runnm : Total _;;, " ''

26 000_ ;:$432;OOOr $

R.

56; 000'` 1$::

90 000

,..--

f _ ,:

r

1S4;OOO r

i:$

58, 000`_ 1 14 000;,`_$;1 54, 000'_ = '_'_,_-;:

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3

ProposeCollection ;

Percent9

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r

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e

1` 6°/ u,?

uZ, C.,.. 1: fi.%

40, 000

$

90, 000

$ 142, 500

r

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1 6.%.+

.

r

t

c,_

-

CryWolfMaximum Collections

Runnin

50, 000

Total

$

52, 500

37, 500

$

$

180, 000

180, 000

Proposed Collection

Percentage

25%

20%

15%

15%

Proposed Pre- Ordinance Acceptance

z Proposed Post- Ordinance Acceptance

For each revenue cateeory listed above, staff calculated the maximum collection amount based upon each vendor' s proposed pricing structure. Both endors submitted pricing proposals which aze based upon a percenta e of the total revenue collected. These percentages change based upon the collections thresholds listed above. PMAM

Corporation included hvo pricing proposals; one based upon the City' s current alarm ordinance and fee structwe, and one based upon the new proposed ordinance and fee structure. In both cases, PMAM' s proposal has lower costs than CryWolf s proposal.

7- 3

10/ 15/ 131tem f Page 4 of 4

DECISION MAKER CONFLICT

Staffhas reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500- foot rule found in California Code of Regulations section 18704. 2( a)( 1)

is not applicable to this decision.

CURRENT YEAR FISCAL IMPACT

It is difficult to determine the fiscal impact of the pricing proposals because it is unclear what the final revenue amounts will be after adoption ofthe new ordinance. According to alarm industry experts, the City may be under-realizing the true number of security alarm systems that are actually active throughout the City. Some estunates from the alarm industry suggest that the actual number of security alarm systems is nearly double from what we currently have on file. As part of our agreements with the security alarm industry, they will actively provide all current active alarm system information to the City for permitting and tracking efforts.

Ultimately the Police Department would like to realize significant reductions in the number of false alarms, which would mean a reduction in the total fine revenue collected.

These reductions in revenues would mean that the new security alarm ordinance has worked and patrol officers would realize an increase in the amount of proactive time available while on patrol.

ONGOING FISCAL IMPACT

The revenue sharing agreements will carry over each fiscal year. The current contract will be for one year, with three, one year extensions available by mutual consent of the City and PMAM Corporation. As mentioned in the " Current Year Fiscal Impact" section, it is

difficult to predict the ongoing fiscal impact at this point This is mainly due to the uncertainty on the exact number ofpermitted security alarm locations and the overall

effect that the new security alarm ordinance will have on lowering false security alarms. ATTACHMENTS

ATTACHMENT " A" —RFP # P08- 12/ 13 ATTACHMENT " B"— Contract for Service— PMAM Corporation

ATTACHMENT " C'— Resolution

Prepared by: Edward Che;

Adminrs rative Services Manager, Police DepuKment

7- 4

ATTACHMENT " A"

S/

C- 1UlAVlSTA REQUEST FOR PROPOSAL SECURITY ALARM ORDINANCE ADMINISTRATION RFP #

P08- 12/ 13

CHULA VISTA, CALIFORNIA

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June 14, 2013

Revised August 2, 2013

7- 5

REQUEST FOR P OPOSA S SECURITY ALARM ORDINANCE ADMINISTRATION RFP #

P08- 12/ 13

CHULA VISTA, CALIFORNIA

Table of Contents

I.

1 Introduction...............................................................................................

II.

2 Service Requirements...................................:...................................:......

III.

Firm Selection Process ............................................................................. 5

IV.

b Submission Procedures............................................................................

V.

7 Submittal Requirements...........................................................................

VI.

RFP General Information....................................................:.......

Attachments:

Exhibit A -

General Provisions

Exhibit B -

City' s Disclosure Form

Exhibit C -

Candidate' s Cerfification Form

Exhibit D -

Sample of Standard Two Party Consultant Agreement Chula Vista Municipal Code Section 9. 06 Security Alarm Permits

Exhibit E -

Proposed - final adoption in September/ October 2013)

F.

7- 6

9

REQUEST FOR PROPOSAL SECURITY ALARM ORDINANCE ADMINISTRATION RfP # P08- 12/ 13 CHULA VISTA, CALIFORNIA

I. Introduction

Incorporated in 1911, the City of Chula Vista is located minutes from downtown San Diego to the north and the U. S.- Mexican border to the south and is San Diego

County' s second largest municipality with a population of neariy 250,000. A. Security Alarm Ordinance Management Services

The Chula Vista Police Department currently responds to more than 5, 400 alarm activations per year that are not a valid emergency activations. The City has been receiving between 4, 000 and 5,000 alarm system registrations and renewals arinually. The Chula Vista Police Department believes there are a significant number of nonpermitted security alarm systems operating in the City.

The City' s current program has been operational since 1982 but has never been fully implemented. Due to budget and staffing constraints, the only parts of the program that were implemented were the registration of security alarm systems, notification of police false alarm responses, and billing invoicing for false alarms in excess of two in a rolling twelve month period. The City' s current security alarm ordinance does provide for the imposition of a " non- response" from the police department, but this parf of the ordinance has not been utilized.

The City has decided to contract for the administration of the program to achieve effective operations and optimum revenue recovery. The City is in the process of collaborating with Alarm Industry officials to amend its security alarm ordinance to incorporate the latest best- practices and provisions.

continued next page)

7- 7

The City has proposed new fee and fine amounts as part of the new security alarm ordinance. These new fees/ fines still need to be adopted by the City Council, which will happen after the award of this contract. If there are significant changes in the

fee/ fine amounts, the City will contact the contractor to discuss if any changes to the contractors fee structure is warranted. The proposed fees/ fines are: 0 . .

s?s..'

1`

NoFine

100

2"

No Fine

200

4

500

0

3` and subse

500

100

uent

Q

N-r

50

Residential

00

Commercial

2

each

ears

2

each

ears

t

:,` ,

25

er

ear

25

er

ear

The contractor shall provide database development and management, billing and

accounting services for annual alarm system registrations, accounting services for false alarm fines or fees for false alarm activations, and correspondence with citizens and

businesses, including coordination with the City regarding appeals. II. Service Requirements

The contractor shall develop and provide a secure electronic database accessible to the City via the Internet to track accounts receivables for security alarm permit registrations and for false alarm tiillings. the

City'

s

existing

systems

to

The contractor will use data generated from

accomplish

this

service.

False alarm notifications and

billings will be accomplished by U. S. Mail ( Contractor may also utilize other methods of notification inclusive of U. S. Mail notification).

The contractor shall generate and mail false alarm notifications and billings, track false

alarm responses and registration status ( i. e. active, suspended or revoked) using the database.

Registration status and false alarm data shall be made available for

import/ export to/ from the City and alarm companies in Microsoft Excel format.

The contractor shall provide the City with electronic lists of new registrations and

changes of registration status on a daily basis and will ensure that only those alarm systems located within the City are being registered and billed for false alarms.

1 Can be waived on 1° alarm if alarm owner completes alarm user course. Every false alarm after this will be fined. 2 Now subject to full verified response conditions— pertnit subject to revocation. 2

7- 8

The contractor shall provide a toll- free phone number to assist citizens and businesses

and answer questions as to the administration and billing of this program; services must be provided in multiple languages ( including at a minimum: English and Spanish).

The contractor shall provide ability to register security alarm systems and business alarms systems via the Internet and telephone

or interactive

Voice Response.

Additionaliy, the contractor wiil generate and mail registration status changes to individuals, businesses and alarm companies.

Written educational materials for citizens and businesses antl a coordinated public

education notification plan shall be developed by the contractor which clearly identifies the program as a City of Chula Vista effort.

Fhe contractor shall develop and offer alarm user training and education via the Internet as well as develop and conduct false alarm prevention and/ or first- fine forgiveness.

The

contractor

will

support

and

coordinate

the

billing/ suspension/ revocation appeals process with appropriate City officials. Other services specified by the bidder must include a brief description and estimated costs.

1.

Accounts Receivable

Contractor shall make a minimum of two written attempts to coliect each fee or

fine obligation incurred ( inciuding alarm registration and false alarms) within sixty 60) days of triggering activity, unless the account clears sooner. Minimum written

contact shall include an initial Invoice, to be issued within 10 days of activity; and a Notice of Delinquency, to be issued to accounts with obligatioris 30 days or more past due, including delinquent payment penalties. Each notice shall include

language advising the account holder of City' s rights to pursue collection, including referral to a collection agency. Form and content of initial Invoice and Notice of Delinquency shall be approved by City. Obligations outstanding 30 days

or more after issuance of the Notice of Delinquency shall be turned over to the City for furfher collection activity. Additional attempts to collect may be pursued by Contractor prior to turning accounts over to the City as uncollectible. Any such collection activity will be upon mutual consent of Contractor and City. Contractor should provide in proposal detailed additional collection steps that would be taken

prior to turning uncollectible accounts over to the City, incl ding the number of contacts and procedures that will be followed.

For those accounts turned over to the City as uncollectible, Contractor shall provide all information necessary to support collection . of the debt by City. Information shall be provided in excel format.

Contractor shall work with Finance

Deparfment to identify data fields to be included in report.

7- 9

Contractor shall not have full rights to the accounts and shall only be able to pursue collections on behalf of the City. Contractor shall make contacts with delinquent accounts under the name of the Contractor.

Contractor shall not have authority to accept a compromise settlement on any account:

The City reserves the right to withdraw an account from the Contractor at any time. In such cases, the Contractor shall cease all collection and/ or legal activities

related to the account. If account is withdrawn prior to collection activity on the part of the Contractor then no fees shall be due.

The City is customer service oriented and firmly believes in a positive approach in dealing with debtors. The Contractor shall not use tactics that may be interpreted as harassment or as demeaning or that may reflect poorly on the City' s efforfs. The City prohibits any collection enforcement procedures not consistent with the City's requirements. The City requires the Contractor to exercise high ethical standards in their collection philosophy and techniques. The Contractor shall conduct its collection business in a professional manner, which will preserve the dignity of the

City and its relationship with its citizens. Contractor shall perform all work in accordance with all applicable State and

Federal laws, including, but not limited to, the provisions of the Federal Fair Debt Collection Practices Act.

Contractor shall provide in proposal any other relevant information about their collection processes and shall provide detailed information about the collection methods to be used.

2. Reporfing and Documentation

Contractor shall submit monthly status reports on all accounts detailing its accounts receivable

activities

for

the

previous

month.

The monthly status reporf shall

reference the type of receivable ( alarm registration fee or false alarm fees/ fines)

and include data for each account, detailing information including, but not limited to: original obligation invoiced, delinquent payment penalties assessed, money

received, balance due and date of last payment. A financial summary will also be required showing "period to date" and "fiscal year to date" totals for perfinent information such as: receipts, net accounts receivable, total accounts receivable, and collection percentage.

4

0

In addition to the monthly status report, a detailed and summarized aging reporf should be available by type of receivable (alarm registration fee or false alarm

fees/ fines). Aging reporfs shall be provided upon City request.

A fiscal year-end reporf, as of June 30, shall be provided to include, by revenue type (alarm registration fee or false alarm fees/ fines):

a. Detailed listing of all accounts

c. Detail of all activity by account in past year by type d. Summary of the above reports

The Contractor team shall meet either in person or by conference call) at least twice annually with the representatives of the City' s Finance Department to discuss accounts receivable results and coordination of the collection process.

Contractor shall maintain records supporfing each account. All such records correspondence, documents, accounting records, banking records and other relative evidence) shall be made available to the City for review upon request. These

records

should

be maintained

for a

period

of seven ( 7)

years _after

termination of the collection action on each account. The City reserves the right to perform periodic audits to ensure that all amounts collected are accurately reporfed and remitted.

The Finance Director/ Treasurer, or designee, shall be allowed access to accounting information through an on- line terminal or the internet providing the ability generate recovery analysis reporfs or audit accounts receivable files at any time.

III.

FIRM SELECTION PROCESS

Following the receipt of responses to this Request for Proposals ( RFP), the qualifications

of the respondents will be reviewed to identify adequately qualified Firms. The top respondents may be interviewed by a panel established by the City. The candidates will be evaluated based on their submittals to this RFP, reference checks and the interview with the selection panel if convened.

Prospective firms must demonstrate their experience and resources to perform either all or a subset of the identified services. firms that can perform the services identified

above for all or most of the requirements are preferred. Ultimately, the City will select the firm s) deemed to provide the best combination of strengths and experience.

s

7- 11

IV. SUBMISSION PROCEDURES

The RFP schedule ( subject to change):

Vendors must register via the City' s Planet Bids3 portal in order to submit response to this RFP.

Mandatory pre- proposal conference call Tuesday, July 25th, 10: 00 a. m. If you do not participate in the conference call, you will not be able to submit a proposal.

Questions submitted by: Thursday, August 8th, by 11: 00 a. m. Questions related to this RFP must be received via e- mail to: Tricia McEwen; tmcewen@chulavistaca. gov

Answers to any questions received will be posted by 2: 00 p. m. on Tuesday, August 13th, 2013 on the City' s Planetbids webpage. Responses

( l

bound

and

3

unbound)

must

be

received

in

a

sealed

envelope at the Finance office no later than Mondav, AuQUSt 19, 2013 at 3:00 p. m. Submissions received after this date and time will be returned unopened. Response packages should be submitted to: Tricia McEwen

Finance Department

City of Chula Vista 276 Fourth Avenue

Chula Vista, CA 91910

If necessary, interviews will be conducted the week of August 26th, or September 2 d, 2013.

The City reserves the right to waive any of the submission requirements for any respondent and the right to reject all of the responses received.

3 http:// ww v. planetbids.com/ portaUportal. cfm?Company[ D= 15381 6

2

V. . SUBMITfAL REQUIREMENTS

Four ( 4) bound original and one ( 1)

unbound copies of proposals as detailed below

must be submitted.

A compiete ( but concise) response will allow the City to identify the most qualified Firms and proposals. If a subcontractor shall be performing services, also provide the requested

information

for the subcontractor. All

required

information

must be

submitted. The City may reject any application it deems incomplete based on the

information required by this RFP. At a minimum, responses shall include the following, organized by tabs in order as listed:

1.

Transmittal Letter with Executive Summary: Document summarizing the proposal and the proposed fee structure.

2.

Contact Information

The name of the entity that would perform the services requested in this

RFP and contact information ( mailing address, telephone, facsimile, email address) for all principals 3.

Experience/ Qualifications

General Information: Firm fact sheet or profile, including the entity' s corporate or partnership structure.

Firm Member Qualifications: Resumes/ biographies of principals and key staff to remain available

throughout

the course of the

Contract for

Services. The City' Project Manager must be notified immediately of any change

in

principal

personnel

after

selection.

Such a change will be

considered a significant change in the proposal and may be cause for the City to terminate the contract with Contractor. Services provided under this project shall not be performed by or delegated to any person or entity other than the contractor without the written duthorization from the City' s Project Manager. Financial Strength: The most recent tax return or audited annual financial

statement for the Firm or a statement as to the financial position of the Firm if neither have been prepared.

Comparable Work: A list of up to 3 projects or services similar in nature to the services identified in this RFP. Only those services where the Firm served as the primary contractor will be considered. Experience with a public entity is preferred. For each project or service provide a summary of the work performed, whom the work was performed for, and the dates of the services performed.

References:

The. names and telephone numbers of references that can

attest to the work performed for the 3 projects or services listed above.

7- 13

4.

Proposed Scope of Services

A detailed Scope of Work, including timeline for project implementation. The Scope of Work must address the following components, as well as any

otlier items deemed necessary by bidder. o

Describe how the bidder proposes to accomplish the individual tasks contained in Section II, Service Requirements.

o

Describe bidder' s collection methodology, from initial account receipt through resolution.

o o

Provide bidder' s collection rate of success. Provide sample of the letters sent to delinquent accounts; and reports required in Section II, Service Requirements.

o

Provide a statement of the bidder' s ability to make collections in all 50 states and the ability to file reporfs with the three major national credit bureaus.

5.

Firm Fees

Costs should be provided for the following: o

Project Management

o

CAD and Engineering

o

Labor ( installation and removal)

o o

Programming Equipment ( itemized equipment cost, tax, shipping etc.)

o

Maintenance

of

equipment

( one

year

agreement

with

(

5)

additional one year options to renew upon mutual agreement) 6.

Fee Proposal:

The City shall not incur any costs for this program. All monies paid to the Contractor will be deducted from the collected securify alarm permit fees and false alarm fines. A detailed accounting of collections less City owed fees will accompany remittance to the City. Contractor shall instruct consumers to remit payment due directly to the Contractor (not to the City of Chula Vista). Any payments received at the City will be forwarded to Contractor for processing. Contractor will be notified of any payment forwarded by the City. The funds received by Contractor must be maintained in a trust fund until remitted to the City and the collection fee can be deducted at the time of remittance.

The City may choose to be invoiced for all collection fee charges. Fee proposal shall include: o

The

basis

of

the

fee ( such

as

flat

fee

per

account

percentage of revenue collection, etc.)

o

The fee for each of the major categories listed in Section II. a

7- 14

assigned,

Your proposal should not include any reference to other discounts, incentives or other forms of financial consideration unrelated to the specific services proposed under this Request for Proposal. 7.

Disclosure Statement Exhibit B)

8. Signed Certifications Form ( Exhibit C) signed by duly authorized signatories

representing each member of the Firm. 9. VI.

Proposal and Offer to Contract Form

RFP General Information

Exceptions to this RFP The Firm

shall

cerfify that it takes

no

exceptions

to this RFP.

If the Firm does take

exception( s) to any portion of the RFP, the specific porfion of the RFP to which exception is taken shall be identified and explained. Citv' s Riahts

This RFP does not commit the City to award a contract, to pay any costs incurred in the preparation of the proposal to this request, or to procure or contract for services or

supplies. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in parf or entirely this RFP, if it is in the best interest of the City to do so. The City furfher reserves the right to waive any technicalities or minor irregularities in bids received. The City may require the selected bidder to parficipate in negotiations and to submit such

price, technical or other revisions of their proposals as may result from negotiations. The City shall be the sole judge in determining award of contract. Citv' s Best Interests

The City of Chula Vista reserves the right to accept or reject any or all proposals received as a result of this Request for Proposal. The City further reserves the right to negotiate with qualified contractors, to amend, or to cancel, in part or in whole, this

Request for Proposal if it is in the City' s best interest to do so.

9

7- 15

Collusion

By submitting a response, each Respondent represents dnd warrants that its response is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the Respondent has not directly or indirectly induced or solicited any other person to submit a false response, or any other person to refrain from submitting a response; and that the Respondent has not, in any manner, sought

collusion to secure any improper advantage over any other person submitting a response.

Indemnification

Respondent shall be required to indemnify the City pursuant to the following language: A.

Indemnification and Hold Harmless Agreement

-

To the fullest extent provided by law with respect to all liability except liability for Professional Services, covered under Section B, the Service Provider

a 9 rees

to defend

indemnif Y. P rotect and hold harmless the Cit Y,

its agents, officers and employees, from and against any claim, demand, for damages, costs ( including action, proceeding, suit or liability reasonable attorneys' fees) or expenses for damages to property or the loss of use thereof or injuries or death to any person ( including Respondent' s employees), caused by, arising out of or related to the performance of, Service Provider as provided in the Scope of Services, or

failure to act by Respondent, its officers, agents and employees. The Respondent' s duty to defend, indemnify, protect, and hold harmless shall not include any claims or liabilities arising from the active negligence, sole

negligence or willful misconduct of the City, its agents, officers, or employees.

The Respondent further agrees that the indemnification, including the duty to defend the City, requires the Respondent to pay reasonable attorneys' fees and costs the City incurs that are associated with enforcing the indemnification provision, and defending any claims, demands, or liabilities arising from the services of the Respondent performed pursuant to this Agreement.

The City may, at its own election, conduct its defense, or participate in the defense of any claim demand related in any way to the Agreement. If the City chooses as its own election to conduct its own defense, participate in its own defense or obtain independent legal counsel in defense of any claim, demand or liability related to Respondent' s Scope of Services, the

Respondent agrees to pay the reasonable value of attorneys' fees and all of the City' s costs. to

7- 16

B.

indemnification for Professional Services:

As to the Respondent' s professional obligation, work or services involving

this Project, the Respondent agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, that arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Respondent and its agents in the

performance of services under this agreement, but this indemnity does not apply liability for damages for death or bodily injury to persons, injury to properfy, or other loss, arising from the sole riegligence, willful misconduct or defects in design by City or the agents, servants, or independent contractors who are directly responsible to City, or arising from the active negiigence of City. Confidential Information

Any information deemed confidential or proprietary should be clearly identified by the Respondent as such. It may then be protected and treated with confidentiality only to the extent permitted by state law. Otherwise the information shall be considered a public record. information or data submitted will not be returned.

Public Aaencv Parficipation

Other public agencies ( e. g. city, county, public corporation, political subdivision, school district, or water authority) may want to participate in any award as a result of this proposal. The City of Chula Vista shall incur no financial responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the successful respondent. This option will not be considered in proposal evaluation. Please indicate whether this will be granted. Yes

No

Price Escalation

One ( 1) price increase may be allowed for each successive option renewal period as the resuit of: 1) Manufacturer or supplier price increases in the service offered; or,

2) Governmental or regulatory agency increases to the trade; or, 3) Regional Consumer Price Index (CPI) increases to the industry. Any request for a price increase must be substantiated with documentation from a manufacturer, supplier, or governmental agency and must be submitted in writing at

least thirty ( 30) days prior to the effective date of the increase. Overall increases of

7- 17

greater than 5% from prior year prices will not be allowed. The City will be the sole judge of acceptable option year price increases.

All other terms and conditions during option periods shall remain the same. The City may negotiate additional favorable pricing, terms, and conditions provided that the original scope of the agreement remains substantially unchanged. Business License

A business license is required in the City of Chula Vista by any person who transacts, engages in or carries on any business within the corporate limits of the city (Chula Vista Municipal Code 5. 02).

Local Business Consideration

According to the Chula Vista Municipal Code, Chapter - 2. 56.090, letter G, In accordance with Section 1011 of the Charter, in the event two or more bids are received which are for the same total amount or unit price and in all other respects are equal, the contract shall be awarded to a local bidder. In the event, however,

that such tie bids are all from vendors either wholly inside or all outside of the city, then the contract shall be awarded by drawing lots in public. In evaluating bids for award, the City of Chula Vista considers the 1% sales tax allocated back to the City from vendors located in Chula Vista.

Firms must provide a Certificate of Insurance prior to commencement of work. A

minimum of $ 1, 000, 000 is required for each of the following: General Liability, Worker' s Compensation and Auto. The City also will need to be named as additional insured.

The awarded firm must also have a business license to perform work in the City.

12

7- 18

Proposal 8 Offer to Conhact

The respondent submits a proposal and offers to enter into this contract with the City of Chula Vista,"herein called City, as follows: This Proposal &

Offer to Contract, subject to the specifications, terms and conditions,

and General Provisions herein, when duly accepted by the City shall constitute the contract between the parfies.

In consideration of the payments to be provided by the City, and in accordance with

the conditions expressed in the proposal forms and specifications attached and by this reference incorporated herein, contractor agrees to furnish Broadcasting Equipment and related services to the City of Chula Vista.

CompanyName:

Address:

State:

City:

Zip Code: Telephone:

Fax:

Emaii:

Print Name:

Title: Signature:

Date:

i

7- 19

Exhibit A

General Provisions Please Reud Careju//

These Prorisions Are a Port of} our Bid a ed m y Conh act Ax arded The bidder agrees that:

A. Bidder has carefully ezamined the specifications, and all provisions reladng to the item( s) ro be fumished or the work to be done; understands the meaning, intent, and requirements; and B.

Bidder will enter into a

ritten contract and fumish the item( s) or complete the work in the time specified, and in

strict conformity with the City of Chula Vista specifications for the prices quoted. Note:

Bidder is de£ ned as any individual, partnershiq or corporation submitting a bid, proposal, or quotation in response to a request for bid, request for proposal, or request for quotation. A bidder may also be referted[ o as consultant, contractor, supplier, or vendor.

1.

Prices

All prices and notations must be in ink or tvpewrinen. Mistakes may be crossed out-and corrections ryped or written with ink adjacent to the error. the person signin

the bid must initial corzections in ink.

Bids shall indicate the unit price estended to indicate the[ otal price for each item bid. Any difference between the unit price correctly eatended and the total price shown for all items bid shall be resolved in favor of the unit prices, except when the bidder cleady indicates that the tota] price for al] items bid is based on conside ation of being awarded the entire lot and that an adjustment of the total price is being made in consideration of receiving the entire bid. 2.

Bidder' s Security

A bid deposit in an amount equal to at least 10% of the bid may be required as a bid security by the Ciry. The bid security may only be in cash, a cashiePs check, a certified check made payable[ o the City of Chula Vista, or a bidders bond. If the bid securiry is a bond, it shall be executed by a surety insurer authorized to issue surety bonds i the State of Califomia. The bid securiry must be executed by the bidder and enclosed with the bid proposal in the sealed bid envelope.

3.

Items Offered

If the item offered has a trade name, brand and/ or catalog number, such shall be stated in the bid. If the bidder proposes o furnish an item of a manufacturer or vendor other than that mentioned on the face hereof, bidder must specify maker, brand, quality, catalog number, or other trade designation. Unless such is noted on the bid form, it will be deemed that the item offered is that designated even though the bid may s[ ate or equal. 4.

Brand Names

Whenever reference to a specific brand name is made, it is intended to describe a component that has been determined to

best meet operational, performance, or reliability standards of [ he City, thereby incorporating these standards by reference within the specifications. An equivalent ( or equal) may be offered by the bidder, subject to evaluation and acceptance by the City. It is the bidder' s responsibility to provide, a[ bidder' s expense, samples, tesCdata, or other documentation the Ciry may require to fully evaluate and determine acceptability of an offered substitute. The Ciry reserves the sole right to reject a substituted component that will not meet or exceed Ciry standards. 5.

Samples

Samples may be required for bid evaluation and testing purposes. Bidders shall agree to provide samples eight( 48) hours upon request and at no additiona] cost to the City . 6.

ithin forty-

Verify Quo[ a[ ions Prices shall be verified prior to bid submittal, as withdrawal or cortection may not be permitted afler the bid has been opened.

7.

Firm Prices

Prices on bid shall be firm prices not subject to escalation.

In the event the specifications provide for escalation, the

maaimum limit shall be showq or the bid shall not be considered. In the event of a decline in market price below a price bid, the City of Chula Vista shall receive the benefit of such decline. 14

7- 20

8.

D7odification or'

i[ hdraw•al of Bids

Bids ma}' be modified or withdra« n b}• written or facsimile notice received prior to the esact hour and date specified for receipt of bid. A bid may also be H ithdra n in person by a bidder, or authorized representazire, prior to[ he eaact hour and date set for receipt of bids. Telephone«• ithdrawals are not permitted. 9.

I.ate Bids, Dtodifications, or R'i[ hdrawals

a)

Bids, modificaiions of bids, or bid withdrawals received afrer the exact time and date specified for receipt rill oot

be considered unless receipt is before the convact is aH arded and the Cin determines that late receipt solely to City ecror.

as due

b) Modification of a suceessful bid that mal:es the terms of the bid more favorable to the CiR rill be considered at any time.

10.

iistake in Bid

a) If the bidder discovers a mistake in bid prior to the hour and date specified for receipt of bid, bidder may correct the mista}:e by modifyine or H ithdrawing the bid in accordance w ith Items 8 and 9 above. b) If within sevenn- tw•o hours. of the bid closine and prior to the issuance of a purchase order or a conmact the apparent loH and best bidder discovers a mistake in bid of a serious and sienificant nature which is unfavorable to bidder, bidder may request consideration be eiven to modifi ine the bid if it remains the lowest bid or to H•ithdrawal of the bid if the result of the correction of the mistal: e makes another bidder lowest and best bidder. The mistal: e

must be e ident and provable. The rioht is reserved by the Ciry to reject any and ali requests for correction of mistal: es in bids received after the hour and date of the bid closing. 71 e decision of the Purchasins Agent is fmal az reeards acceptance or rejection of requesu for correction of bids.

c) 11.

A mistal: e in bid cannot be considered once a purchase order or contract is issued.

Signamre

All bids shall be si

ed and the title and £ rm name indicated. A bid by a corporation shall be si ned by an authorized

officer, employee or ageni with his or her title. 12. \

o Bids

If no bid is to be submitted, the bid should be marked 1'o Bid and rerurned to maintain the bidder s name in the vendor

51e for future solicitations. A letter or postcard may be submitted. If a bidder fails to respond to a reasonable number of bids without retuming a No Bid, the Purchasine Agent resen es the right to delete the bidder from the vendor file for future solicitations. 13.

Alternative Proposals

To be responsive to the bid, bidder must submit a proposal that meeu all specific bid requirements.

Once bidder hu

proposed a product which is responsive ro the specification, bidder may include H ith the bid any additional proposals or altemaii• e products that bidder believes can meet or exceed the City' s requirements and that may offer additionai advantaees, benefits, or cost savines. The Ciry resen•es the rieht to evaluate, and accept or rejec such altematives az ihou h they were part of the original specifications without advertisins for funher bids, vhen in the best interesu of the City. An}' awards so_ made will be based on operational and cost analysis considerations that H ould result in the optimum economic advantage to the City. 14.

Confidential lnformation

My infortnation deemed wnfidential or proprietary should be clearly identified by the bidder as such. It may then be protected and ireazed w ith confidentialih onh to the eatent permitted by state la v. Otherw•ise the infortnazion shall be considered a public record. Information or data submined vith a bid vill not be retumed.

15. QuaGq• Unless other. vise required in the specifications, all

oods fumished shall be new and unused.

16. Litigation R'arrauty

ILe bidder, by bidding,..• arrants that bidder is not wrrently im olved in litieation or arbitratiom m ceming the materials or bidder' s perfortnance conceming the same or similar material or sen ice to be supplied pursuant to this contract of

l

2

specification, and that no judgments or awards have been made against bidder on the basis of bidder' s performance in

supplying or installing the same or similar material or service, unless such fact is disclosed ro the Ciry in the bid. Disclosure may not disqualify [ he bidder. The City reserves the right [ o evaluate bids on the buis of the facts surrounding such litisation orarbitration and to require bidder to furnish the City with a surety bond eaecuted by a surety compan}' authorized to do business in the State of Califomia and approved by The City of Chula Vista in a sum equal to one hundred percent (] 00%) of the contract price conditional on the faithfu] performance by bidder of the contract in the event the bid is awarded to bidder, notwithstanding the litigation or arbitration. 17.

Royalties, Licenses and Patents

Unless otherwise specified, the bidder shall pay alI royalties, ] icense and paten[ fees. The bidder H artants that the materials to be supplied do not infrinee any patent, trademark or copyright and further agrees to defend any and all suits, actions and claims for infringement that are brought against the City, and to defend, indemnifi and hold harmless the

City from all loss or damages; whether general, exemplary or punitive, as a result of any acwal or claimed infringement asserted against ihe City, the bidder or those furnishing material to bidder. pursuant to this contract. 18.

Performance Standards

Performance of work and acceptability of equipmenLOr ma[erials supplied pursuant to any contract or aH ard shall be to the satisfaction of the Cip. 19.

Varran[ ies

a) All material, labor or equipment provided under the contract shall be warranted by bidder and/ or manufacturer for at leas[ rivelve ( 12) months afrer acceptance by Ciry. Greater wamnry protection will be accepted. Lesser warranty protection must be indicated by bidder on the bid proposal as an exception b) Bidder shall be considered primarily responsible to [ he City for all warranty service, parts and labor applicable to the goods or equipment provided by bidder under this bid or award, irzespective of whether bidder is an agenL broker, fabricator or manufacmrers dealer. Bidder shall be responsible for ensuring that warranry work is

performed at a local agency or faciliry convenient to Ciry and that services, parts and labor are available and provided to meet City' s schedules and deadlines. City may require bidder to post a performance bond afier contract award to guarantee performance of these obligatio s. Bidder may establish a se vice contract with a local agency satisfactory to Ciry to meet[ his obligation ifbidder does not ordinarily provide warranty service. 20. Addenda

The effect of all addenda to the bid documents shall be considered in the bid, and said addenda shall be made part of the

bid documents and shall be retumed with them. Be( ore submitting a bid, each bidder shall ascertain whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued may render the bid invalid and result in its rejection. 21.

Specifications to Prevail

The detailed requirements of the specifications shall supersede any conilicting refercnce in these General Provisions that are in conflict therewith. 22.

Taxes

The City will fumish Eaemption Certificates for Federal Excise Ta c. The City is liable for State, Ciry and County Sales Taxes. Do not include this taac in the amount bid. However, tax is lo be added by the successful bidder [ o the net amoun[ imoiced. All or any portion of the City Sales Tax retumed to the Ciry will be considered in lhe evalua[ ion of bids. 23. Conilict of Interest

A o City employee or elected or appointed member of City govemment, or member of the employee' s immediate family, may participate directly or indirecdy in the procurement process pertaining to this bid if they: a)

Have a financial i terest or other personal interest that is incompatible with the proper discharge of their official

duties in the public interest or would tend to impair[ heir independence, judgment or action in the performance of their official duties.

b) Are negotiatin for or have an artaneement concerning prospective employment with bidder. The bidder warrants to the best of his l: nowledge that the submission of the bid will not create such conflict of interest In the event such

a conflict occurs, the bidder is to report it immediately to the Purchasing Agent. For breach or violation of this 16

22

w•artann•, the City shall have the rieht to annul this contract without liability at iu discretion, and bidder may be subject to damaees and or debarment or suspension. 24_ Gratuities

"

T' he Cin may rescind the ri ht of the bidder to proceed under this aereement if it is found that eratuities in the form of

entertainment, gifts, or otherH ise are offered or given b the biddec or an}• aeent or representative of the bidder, to any o

cer or employee of the City with the intent of influencine a vard of this aereement or sewring favorable treatment

with respect to performance of this a¢ reement.

2a Faithful Pertormance Bond

Successful bidder may be required to fumish the Ciq H ith a surety bond conditioned upon the faithful performance of

the contract. This may take [ he form of a bond esecuted by a suren company authorized to do business in the State of Califomia and approved by the Ciry of Chula Vista, an endorsed Cenificate of Deposit, or a money order or a cenified eheck draH n on a solvent bank. The bond shall be in a sum equal to one hundred percent(] 00%) of the amount of the

contract price. Such bond or deposit shall be forfeited to the City in the e ent that bidder receivin the contract shall fail or refuse to fulfill the requirements and all terms and conditions of the contract. 26. Insurance

.

Should work be required on City premises, bidder shall provide proof of liabilirv and propem• damase insurance prior to perfortnance of duties. Coverage shall be from a wmpany authorized to transact business in the State of Califomia and

shall be in an amount not less than SI, 000, 000 combined sinele limit ( CSL), unless othen5 ise specified. The City of Chula Vista shall be named as an additional insured and thim ( 30) days notice of cancellation shall be indicated:

R'orkeN s Compensation coverage for each employee eneaged in work on Cin premises is required. Bidder is solely responsible for all insurance premium pavments. 27. Indemnifica[ ion

Bidder shall defend, indemnifi, protect and hold harmless the Cin, its elected and appointed officers, emplo}•ees, and

agents, Gom and aeainst all claims for damages, liabilin, and expenses ( including attomey' s fees) arisine out of this agreement and/ or bidder' s performance hereunder, escept as to such damases, liability, and eapenses due ro the wle negligence or willful acts of the City, its officers, employees or aeents. 2S. Award of Contract

a) Bids H ill be analyzed and award w•ill be made to the lowest responsive and responsible bidder whose bid confortns

to the solicitation" and whose bid is considered to be most advantaeeous to the Ciry, price and other factors considered. Factors ro be considered may include, but aze not limited to: bidders past pedortnance, total unit cost, economic cost analysis, life cycle wsts, warranty and qualiq, maincenance wst; .dunbility, the operational requiremen[s of the Ciry and any other factors which will result in the optimum economic benefit to the Cin. b) '[ lie City resen es the ri¢ ht to reject any item or items, to

aive infortnalities, technical defecu and minor

irregularities in bids received: and to select the bid( s) deemed most advantaeeous to the Cin. The Cin however, consider bids submitted on an" all or nothine" basis if the bid is clearh desienated as such.

sill,

c) '[ he City reserves the right to a eazd one or more contrecu on the bids submitted, either by a razd of all items to one bidder or by award of separate items or roups of items to various bidders as the interests of the City ma}• require, unless the bidder clearly specifies othenrise in his bid. d)

For the purpose of evaluatin

bids for multiple a

ards, the sum of 5100. 00 is considered to be the administrati. e

cost to the City for issuing and administering each contract awarded under this solicitatioq and individual a vards

w ll be made for the items and combinations of items which result in the lowest a ereeate price to the City, including such administrative cost. e) Upon acceptance by the Cin of Chula Vista the solicitation, bid, proposal, or price quotation and a purchase order issued to the successful bidder shall be deemed to result in a bindin

contract incorporatin

those terms and these

General Pro isions without further action required by either party. Items are to be fumished as described in the bid and in strict conformip with all instructions, conditions, speci£ cations, and provisions in the complete contract, a5 defined by this clause 28 or any related inte2rated a reement. 29. Bid Results

17

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_

To obtain bid results, either Q) attend bid opening or ( 2) provide a self-addressed, stamped envelope referencing bid

number, and bid tabulation will be mailed to you upon verification of extensions or( 3) visit the Purchasing Department no sooner than three ( 3) working days afrer bid opening to review bid tabulation. Due to time constraints, bid results cannot be given out over the phone. 30.

Prolests

Protests by unsuccessful bidders to the selection for award shall 6e submitted in writing to the Purchasine Aeent no later han ten ( 10) calendar days after award recommendation. The unsuccessful bidder shall have the right to appear at the

City Council to protes[ any award to be confirmed by Council. Purchasing Ageot shall bar consideration of such protest.

Failure. to submi[ a timely written protest to the

31. Documentation

Due to the time constraints that af7ec[ contract pedormance, all required documents, certiScates o( insurance and bonds

shall be provided to the City within ten( 10) calendar days following award or date of request by Ciry, w•hichever is Iater. Any failure to comply may result in bid being declared non- responsive and rejected, and at City' s option the bid bond

may be attached for damages suffered. 32. Discounts

a)

Prompt payment discounts offered for payment within less than fifteen ( 15) calendar days will not be considered in

evaluating bids for award. However, offered discounts of less [ han IS days will be taken if payment is made within the discount period, even though not considered in the evaluation of bids.

b) In connection + ith any discount offered, time will be computed from date of delivery and acceptance, or im oice

receipt, whichever is later. Payment is deemed to be made for the purpose of eaming the discount on the date of mailing of the City check. c) Any discoun[ offered other than for prompt payment should be included in the net price quoted and not included in separate terms. In the event this is not done, the City reserves the right to accept the discoun[ offered and adjust prices accordin ly on the Purchase Order. 33.

Seller' s Invoice

Invoices shall be prepared and submitted in duplicate to address shown on [ he Purchase Ordec

required for each Purchase Order.

Separate imoices are

Invoices shall contain the following infoanation: Purchase Order number, item

number, description of supplies or services, sizes, unit of ineasure, quantity, unit price and eatended totals: 34. Inspectioo and Acceptance

Inspection and acceptance will be at destination unless specified. otherwise, and will be made by the City department shown in the shipping address or other duly authorized representative of the City. Until delivery and acceptance, and after any rejection, risk of loss will be on the bidder unless loss results from negligence of the City. 35. Los[ and Damaged Shipments

Risk of loss or damage to items prior to the time of their receipt and acceptance by the Ci[y is upon the bidder. The Ciry has no obligation to aceept damaged shipments and reserves [ he right to retum at the bidder' s expense damaged merchandise even thoush the damage was not apparent or discovered until after receipt of the items. 36. Late Shipments

Bidder is responsible to notify the City department receiving the items and he Purchasing Agent of any late or delayed shipments. The Ciry reserves the right to cancel all or any part of an order if the shipment is not made as promised. 37. Document ON nership a) All technical documents and records originated or prepared pursuant to this coatrac[, including papers, reports, charts, and computer programs, shall be delivered to and become the exclusive property of the City and may be copyrighted by the Ciry. Bidder usigns all copyrights to City by undertaking this agreement. b) All inventions, discoveries, enhancements, changes, or improvements of compuler pro rams developed pursuant to

this contract shall be the property of the Ciry, and al] patents or copyrights shall be assigned to Ciry, unless otherwise agreed. Bidder agrees that Cih may make modifications to computer software Fumished by bidder without infringing bidder' s copyright or a y license gra ted to City.

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38. Adcertisemeots, Produc[ Endorsemenu

Cin employees and aeencies or oreanizations funded by the Ciry of Chula \' ista are prohibited from mal: ina endorsements, either implied or direct, of commercial products or services without wrinen appro• al of the Cin 1 9anaser.

o bidder may represent that the Cin of Chula Vista haz endorsed their product or sen ice without the Purchazino AeenN s prior«

itten appro al.

39. Cih' Prorisions to Precail

Except as indicated in the specifications, the Cirv` s standard General Provisions shall eovem any contract aw•ard. Any sta dard terms and conditions of bidder submitted b}• bidder shall not be acceptable to Ciri unless e pressl} aoreed to by the Cin•. The Cin reserves the rieht ro reject bidder' s bid u non- responsi e, to consider the bid without bidders standard tertns and conditions, or to require bidder ro delete reference to such as a condition of e aluation or award of

the bid. If. afrer a+ ard of contract, bidder( contract vendor) shall pro ide materials or sen ices accompanied by new or additional standard terms or conditions, they too shall be considered void and Cin may require deletion as a further condition of perfonnance by• endoc To the estent not othenvise pro ided for by the contract documenU, the Califomia Commercial Code shall appl.. 40. Incalid Procisions

In the event that am• one or more of the provisions of this aereement shall be found to be invalid, illesal or

unenforceable, the remainine provisions shall remain in effect and be enforceable. 41.

Ameodments and D7odifications

The Purchasing Asent may at any time, by written order, and without notice to the sureties, make a modification to the contmct or an amendment to the Purchase Ordec within the eneral scope of this convact in( 1) quantih of materials or service, whether more or less; ( 2) drawines, designs, or specifications, H•here the supplies to be fumished aze to be

specially manufactured for the Ciq; ( 3) method of shipment or packine; and ( 4) place of delivery. If any such chanee causes an increue or decrease in the cost or the time required for the performance of this contract, an equitable

adjustment shal] be made by aritten modification of the wnvact or amendment to the Purchue Order. Any claim b the bidder for adjustment under this clause must be asserted eithin 30 calendar days from the notification date. 42.

Assignment

Vendor shall not assien or delegate duties or responsibilities under this aereement, in w hole or in part, without prior written approval of the Cin. 43.

Disputes

Except as othenvise provided in these provisions, any dispute conceming a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Purchasine Aeent, who shall reduce this decision ro H ritine and mail a copy to the bidder. The decision of the Purchasine Agent shall be finai and conclusive, unless bidder requests mediation ithin ten ( 10) calendaz days. Pending final decision of a dispute, the bidder shall proceed dili enth H ith the performance of the contract and in accordance w•ith the Purchasing Aeent' s decision. 44. Media[ ion

Should an unresolved dispute arise out of this aereement any party may request that it be submitted to mediation. The parties shall meet in mediarion within thim ( 30) days of a request. The mediator shall be asreed to by the mediatine pa ties; in the absence of an agreement, the parties shall each submit one nazne from mediators listed by either the American Arbitration Association, the Califomia State Board of Mediation and Conciliation, or other aereed- upon

sen•ice. The mediator shall be selected by a 3lindfold@ process.

ihe cost of inediation shall be bome equally by both parties. A'either pam shall be deemed the prevailing parn. \ o pam shall be permitted to file a leeal action eithout first meetin in mediation and mal: ing a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meetine with the mediator, shall last until ageement is reached by the panies but not more than sixn ( 60) da.•s, unless the maximum time is eatended by both panies.

45.

Lae( ul Performance

19

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Vendor shall abide by all FederaL State and Local Laws, Ordinances, Regulations, and Statutes as may be related to the perfoanance of duties under this agreement.

In addition, all applicable permits and lice ses required shall be obtained

by ihe vendor, at vendor' s sole eapense. 46.

Business License

Chula Vista D4unicipal Code Section 5. 02.020 requires all vendors doing business with the City to obtain a Business License. Section . 02. 20 states: It is unlm+fu, for an person, a for am person as agen, clerk or employee, e( therjor

himself or for any other perso, withii 1he co po n[e limits of the City, to transact, engage itt, or earry on any business, show, exhibition or game hereinajter specified witJ outfirst having yrocured a license. 47. Annual Appropriation of Funds

Multi-year term supply and service contracts and leases are subject to annual appropriation of funds by the Ciry Council. Payments made under term contracts and leases are eonsidered items of current expense. Purchase Orders are funded

when issued; therefore, they are current expense items and are not subject to any subsequent appropriation of funds. In the event sufficient funds are not appropriated for the payment of lease payments or anticipated term contract payments required to be paid in the next occurrin lease or contract term, and if no funds are legally available from other

sources, the lease or contract may be terminated at the end of the original tenn or renewal term and the Ciry shall not be obligated to make further payments beyond the then current original or renewal term._ The City will provide notice of its

inability to continue the lease or co tract at such time as the Purchasing Agent is aware of the non- appropriation of funds. However, ( ailure to notify does not renew the term of the lease or contracL The City has no monetary obligation in event of termination or. reduction of a. tertn contract since such contracls represent estimated quantities and is not funded as a contract except to the eatent of the Purchue Orders issued. 48. Exteosion

When in the City' s best interest, this agreement may be estended on a daily, mon[ h- to- month, or annual basis by mutual agrument of both parties. Services and/ or materials received under an extension shall be in accordance with pricing, terms, and conditions, as described herein. 49. Debarment

The Purchasing Agent may recommend to the Ciry Council that the person or business be debarred from consideration for award of contracts. ' Ihe period of debarment will be contingen[ upon the severiry of cause. Causes for debarment include:

a) Conviction under state or federal statutes of embeulement, theft, forgery, bribery, falsification or destruction of

records, receiving stolen property, or other offense indicating a lack of business integrity or business honesry which directly affects responsibility as a City biddec

b) Violation of contract provisions which is regarded by the Purchasing Agent to be so serious as to justify debarment action, including: I) Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

2) A recent record of failure to perform or of unsatisfactory perfoanance in accordance with the terms of one or more contracts:

3)

Two or more claims of computational error in bid submission within a hvo year period.

c) Debarment by another govemmental entiry. d) My o[ her cause the Purchasine Agent deems [ o be so serious and compelling as to affect responsibility as a Ciry bidder. A bidder may be pertnanently debarred for the following causes: Q) Collusion in bidding. 2) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a contract or subcontract with the Ciry of Chula Vista or in the performance oCsuch contrac[ or subcontrac[. 3) Conviction under State or Federal antitrust stamtes arising out of the submission of bids or proposals.

20

26

0.

Termination

The City may tertninate this agreement and be relie ed of any consideration to the vendor should vendor fail to perform in the manner required. Funhertnore, the City may terminate this aereement for an} reuon without penalp upon eivine

thim ( 30) days written notice to the vendor. In the event of termination, the full ea7ent of City liabilih• shall be limited

ro an equitable adjustrnent and payment for materials and/or services authorized by and recei ed to the satisfaction of the Ciry prior to tertninazion.

l. '

enue

This affeement shatl be govemed by and interpreted accordine to the laws of the State of Califomia, and venue for anq proceeding shall be in the Counh of San Dieeo. ae'

ano

7- 27

-

Exhibit B

Disclosure Statement

Pursuant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement

of disclosure of certain ownerships, financial interests,

paymenis, and

campaign

contributions must be filed. The following information must be disclosed: 1.

Lisf ihe names of all persons having a financial interest in the project that is the subject of the application, project or contract ( e. g., owner, applicant, contractor, subcontractor, material supplier).

2. If any person* identified in section 1 above is a corporation or parfnership, list the names of

individuals

all

with

an

investment

of

$

2000

or

more

in

the

business

corporation/ parfnership) entity.

3.

If any person' identified in seclion 1 above is a non- profit organization or trust, list the names of any person who is the director of the non- profit organization or the names of the trustee, beneficiary and irustor of fhe trust.

4.

Please

identify

every

person,

including

any

agents,

employees,

consultants,

or

independent coniractors, whom you have authorized to represent you before the City in ihis maiter.

5.

Has any person' identified in l, 2, 3, or 4, above, or otherwise associated with this coniract, project or application, had any financial dealings with an official*" of the City of Chula Vsta as it relates to this contraci, project or application within the past 12 monihs?

Yes

No

If yes, briefly describe the nature of the financial interest ihe official* contract.

22

28

may have in this

6.

Has any person' anyone identified in l, 2, 3, or 4, above, or otherwise associafed wifh this contract, project or applicafion, made a campaign confribufion of more fhan $ 250

within the past twelve ( 12) monfhs fo a current member of the Chula Vista City Council? Yes_

No_

If yes, which Council member(s)?

7.

Has any person'

identified in 1,

2, 3, or 4, above, or otherwise associafed with this

contract, project or applicafion, provided more ihan $ 420 ( or an item of equivalent

value) to an official" of the City of Chula Vsfa in the past twelve ( 12) monihs? This indudes any payment that confers a personal benefit on fhe recipient, a rebate or discount in the price of anyfhing of value, money fo refire a legal debf, gift, loan, etc.) Yes

No

If Yes, which official"

8.

Has any person'

and what was the nafure of ifem provided?

identified in l, 2, 3, or 4, above, or otherwise associafed with this

contract, projecf or applicafion, been a source of income of $ 500 or more to an official" of the City of Chula Vista in the pasf twelve ( 12) months? Yes No_

If Yes, identify fhe official" and fhe nafure of fhe income provided?,

Date:

Signafure of Contracior/ Applicant

Prinf or fype name of Contracfor/ Applicant

Person is defined as: any individual, firm, co-parfnership, joint venfure, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,

municipality, district, or oiher polifical subdivision, or any ofher group or combination acting as a unif.

Otficial includes, but is nof limited fo: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, and City employees or staff members.

This

Disdowre Stafemenf

musf

be completed at

fhe

fime fhe

projecf

applicafion, or

contract, is submitted to City staff for processing, and updated wifhin one week prior fo consideration by the legislative body.

7- 29

Exhibit C Candidate' s Certification Form

All Candidates must complete this Candidate' s Certification Form.

It must be signed

by individuals duly authorizetl to execute such documents by their respective organizations.

Outstanding

Judgments:

The undersigned has/ have never had any unfavorable

judgments or bankruptcies and are not currently involved in any pending lawsuits or judgment or bankruptcy involving themselves or any entity in which they have been or are now involved

or

The undersigned have attached to this Certification Form a complete description of

any and all bankruptcies, unfavorable judgments and/ or pending lawsuits involving themselves or any entity in which they have been or are now involved.

Name, Title, Date

Name, Title, Date

Organization

Organization

Availability of Principal Staff: The undersigned will make the following principal staff available through the entire course of the Contract for Services.

Name, Title, Date

Name, Title, Date

Organization

Organization

za

7- 30

Exhibit D

SAMPLE OF TWO PARTY AGREEEMENT Aereement bem=een

City of Chuta Vista and

INSERT\ TA1 4E OF CONSULTANT], To [ INSERT SERVICES TO BE PROVIDED)

related

This agreement ( Aereement). effective [ FILL- II' EFFECTIVE DATE], is bettveen the Cinentity whose name and business form is indicated on Exhibit A, Paragraph 2, ( Cit}), and the

entity ahose name, business form; place of business and telephone numbers are indicated on E

ibit A,

Paragraphs 4 through 6, ( Consultant), and is made rith reference to the followine facts: RECITALS VI

REAS, [ Ii TSERT RECITrlLS; IIVCLUDE AS

4Ai 1Y AS NEEDED ];

and

l' I

REAS; [ INCLUDE RECITAL DEFII TING THE " PROJECT" ];

RrF

REAS, Consultant rarrants and represents that it is experienced and staffed in a manner such that

and

it can deli er the services required of Consultant to City in accordance with the time frames and the terms and conditions of this A reement.

End of Recitals. l' ext Pa e Starts Oblisatory Provisions.] OBLIGATORY PRO

TO'';

ISIONS PAGES

THEREFORE. for valuable consideration the Ciq and Consultant do hereby mutuall

aeree as follows

All of the Recitals above are incorporated into this Aereement by this reference. ARTICLE l. CONSULTAl' T' S OBLIGATIONS A.

General

1.

General Duties. Consultant shall perform all of the services described on Exhibit A; Paragraph 7 General Duties).

2.

Scope of lrork and Schedule. In performine and deli ering the General Duties, Consultant shall also perform [ he services, and deliver to City the " Deli erables ' described in Eshibit A, Paraeraph 8, entitled " Scope of Vork and Schedule," accordina to, and i ithin the time frames set forth in Exhibit A, Paraeraph 8, time bein

of the essence of this aareement. The General Duties and the vork and

Deli erables required in the Scope of' l' ork and Schedule shall be referred to as the " Defined Sen ices."

Failure to complete the Defined Sen ices by the times indicated does not; except at the option of the Cih, terminate this Aereement.

7- 31

Reductions in Scope of ork. City ma} independenNy, or upon request from Consultant, from time to time; reduce the Defined Services to be performed by the Consultant under this Agreement. a.

Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiatin a conesponding reduction in the compensation associated with the reduction. b.

Additional Services. I addition to performing the Defined Services, City may require

Consultant to perform additional consulting services related to t6e Defined Services ( Additional

Services), and upon doing so in- riting, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the " Rate Schedule" in Exhibit A; Paragraph 10( C), unless a separate fixed fee is otberwise agreed upon. All compensation

for Additional Ser ices shall be paid monthly as billed. 3.

Standard of Care. The Consultant expressly warrants that the work to be performed pursuant to

this Agreement, whether Defined Services or Additional Services, shall be performed in accordance

w ith the standard of care ordinarily exercised by members of the profession currently practicine under similar conditions and in similar locations.

a.

No Waiver of Standard of Care. Where approval by City is required, it is understood to be

conceptual approval only and does not relieve the Consultant of responsibility for complying vith all laws, codes, industry standards; and liabiliry for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors.

B.

Application of Laws. Should a federal or state law pre- empt a local law, or regulation, the

Consultant must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Consultant to observe or enforce compliance with any provision, perform

any other act; or do any other thing in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the

Consultant to violate any law, the Consultant agrees to notify City immediately in writing. Should this occur, the City and the Consultant agree that they will make appropriate arrangements to proceed with or, if necessary, amend or terminate this Agreement, or portions of it, expeditiously. l.

Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that all participants utilized by the Consultant to complete its obligations under this Agreement, such as subcontractors, comply i ith all applicable laws, regulations, ordinances, and policies, whether federal, state, or local, affecting Project implementation. In addition, if a subcontractor is expecYed to fulfill any responsibilities of the Consultant under this Agreement, the Consultant shall ensure that the subcontractor carries out the Consultant' s responsibilities as set forth in this Agreement. C.

Insurance

1.

General. Consultant must procure and maintain, during the period of performance of this

Agreement, and for twebe months afier completion, policies of insurance from insurance companies to

protect against claims for injuries to persons or damages to proper[y that may arise from or in connection with the performance of the work under this Agreement and the results of that work by the

26

7- 32

Consultant; his aeenu. representatives, employees or subcontractors; and pro- ide documentation of same prior to commencement of n ork.

2.

D4inimum Scope of Insurance. Co eraee must be at least as broad as:

a.

CGL. Insurance_Sen ices Office Commercial General Liabilih coverage ( occurrence Form

CG0001).

Auto. Insurance Services Office Form I' umber CA 0001 coverine Automobile Liabilit.

b. an}

y

Code 1

auto).

NC. Workers' Compensation insurance as required by the State of Califomia and Emplo} ers Liability Insurance.

c.

d. _

ERO. Professional

Liability

or

Errors & Omissions Liabilin insurance appropriate to the

Consultant` s profession. Architecu' and Engineers' co eraee is to be endorsed to include contractual y

liabilirv. 3. -_ \

linimum Limits of Insurance. Consultant must maintain limits no less than those included in

the table belo i:

i. General Liability: (Includine operations, producu and completed operations, as applicable)

1; 000; 000 per occurrence for bodily injury, personal injury, (includine death); and propem damage. If Commercial General Liability insurance i ith a general aggre ate limit is used, either the eeneral agereeate limit must apply separately to this ProjecUlocation or the general a greeate limit must be rn ice the required occurrence limit. ii. Automobile

1, 000, 000 per accident for bodily injury, includina death, and propem

Liability:

damaee.

iii. Vorkers' Compensation Employers Liability:

Statutory

1, 000. 000 each accident

1, 000. 000 disease- policy limit 1, 000, 000 disease- each emplo} ee iv. Professional

Liabilin

or

Errors & Omissions

Liability:

1, 000. 000 each occurrence

4.

Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and appro ed b the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City; its officers, officials, emptoyees and volunteers; or the Consultant vill pro= ide a financial warantee satisfacton to the Cip

euaranteeing payment of losses and related investigations, daim administration, and defense expenses. Other Insurance Pro isions.

The eeneral liability; automobile liabilih-, and

here appropriate,

the workers compensation policies are to contain; or be endorsed to contain. the followine provisions:

27

7- 33

a.

Additional Insureds. City of Chula Vista, iYs officers, officials, employees, agents; and

volunteers are to be named as additional insured` s

ith respect to all policies of insurance, including

those with respect to liability arisin out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable; and, with respect to liability arising out of work or operations performed by or on behalf of tl e Consultant, including providing materials, paRS or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant' s insurance using ISO CG 2010 ( I]/ 85) or its equivalent. Specifically, the endorsement must not exclude Products/ Completed Operations coverage. b.

Primary Insurance. The ConsultanYs General Liability insurance coverage must be primary insurance as itpedains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its office s, officials, employees, or volunteers is wholly separate from the insurance of the Consultant and in no way relieves the Consultant from its responsibility to provide insurance.

Cancellation. The insurance policies required by this Agreement shall not be canceled by either party, except afrer thiRy days' prior written notice to the City by certified mail, return receipt requested. c.

The words " will endeavor' and " but failure to mail such notice shall impose o obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. d.

Active Negligence. Coverage shall not extend to any indeinnity coverage for the active negligence of the additional insured' s in any case where an agreement to indemnify the additional insured would be invalid under Subdivision ( b) of Section 2782 of the Civil Code. e.

Waiver of Subrogation. ConsultanYs insurer

ill provide a Waiver of Subrogation in favor of

the City for each required policy providing coverage for the term required by this Agreement.

6.

Claims Forms. If General Liability, Pollution and/ or Asbestos Pollution Liability and/ or Errors Omissions coverage are written on a claims- made form:

a.

Retro Date. The " Retro Date" must be shown, and must be before the date of the Agreement or

the beginning of the work required by the Agreement. b.

Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be

provided for at least five years after completion of the work required by the Agreement. c.

Cancellation. If coverage is canceled or non- renewed, and not replaced with another claims-

made policy form vith a ` Retro Date' prior to the effective date of the Agreement, t6e Consultant must purchase " extended reporting' coverage for a minimum of five years afrer completion of the work required by the Agreement.

d.

Copies. A copy of the claims reporting requirements must be submitted to the City for review.

g

7- 34

7.

Acceptabilit} of Insurers. Insuraoce is to be placed with licensed insurers admitted to transact

business in the State of Califomia

ith a current A.A4. Besr s ratine of no less than A V. If insurance is

placed i ith a surplus lines insurer, insurer must be listed on the State of Califomia List of Elieible

Surplus Lines Insurers ( LESLI) with a current A.A4. Best' s rating of no less than A X. E ception may be made for the State Compensation Fund 8.

hen not specificallv rated.

Verification of Coverage. Consultant shall fumish the City

ith orieinal certificates and

amendatory endorsements effecting co era e required by Section I. C. of this Agreement. The endorsements should be on insurance industry forms; provided those endorsements or policies confortn to the requirements of this Aereement. All certificates and endorsements are to be recei ed and

approved by the City before work commences. The Cit}' resen es the rieht to require; at anv time. complete; certified copies of all required insurance policies, includine endorsements zvidencine the coverage required b} these specifications.

9.

Subcontractors. Consultant must indude all subconsultants as insureds under its policies or

fumish separate certificates and endorsements for each subconsultant. All coveraee for subconsultanu is subject to all of the requirements included in these specifications. 10. :.

1' ot a Limitation of Other Oblieations. Insurance provisions under this Article shall not be

construed to limit the Consultant s oblisa[ ions under this Agreement, including Indemnity. D.

Securirv for Performance

I.

Performance Bond. In the event that E hibit A; at Paraeraph 18. indicates the need for

Consultant to provide a Performance Bond ( indicated by a check mazk in the parenthetical space immediately precedine the subparaoraph entitled " Performance Bond"), then Consultant shall provide to the Cit a performance bond, in the amount indicated at Eshibit A; Paraeraph 18, in the form prescribed

by the City and by such sureties which are authorized to transact such business in the State of Califomia. listed as approved by the United States Department of Treasury Circular 70; v.fms.treas. sov/ c 70, and hose undernTitino limitation is sufficient to issue bonds in the http:// amount required by the Aereement, and which also satisfi the requiremenu stated in Section 99. 660 of

the Code of Civil Procedure, except as provided otherwise by laws or reeulations. All bonds siened by an agent must be accompanied by a certified copv of such asent' s authorih to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manaeer or City. 2.

Letter of Credit. In the event that Eshibit A; at Paraeraph 18, indicates the need for Consultant

to provide a Letter of Credit ( indicated by a check mark in the parenthetical space immediately precedins the subparaaraph entitled ` Letter of Credit"); then Consultant shall provide to the City an irre ocable letter of credit callable b the Cit} at iu unfettered discretion by submittinQ to the banl: a letter, signed by the Ciry Manager; statine that the Consultant is in breach of the terms of this Aareement The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk D4anaeer or Cit Attorney hich amount is indicated in the space adjacent to the term, " Letter of Credit," in Exhibit A, Paragraph 18.

29

7- 35

3.

Other Securit}. ln the e ent that Exhibit A, at Paragraph 18, indicates the need for Co sultant to

provide security other than a Performance Bond or a Letter of Credit ( indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled " Other Security'), then Co sultant shall provide to the Cit such other security therein listed in a form and amounY satisfactory to the Risk Manager or City Attomey. E.

Business License. Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. ARTICLE II. CITY OBLIGATIONS

A.

Consultation and Cooperation. City shall regulady consult the Consultant for the purpose of reviewing the progress of the Defned Services and Schedule, and to provide direction and guidance to achieve the objectives of this Agreement The CiYy shall allow Consultant access to its office facilities; files and records, as deemed necessary and appropriate by the City, throughout the term of this Aereement. In addition, Ciry agrees to provide the materials identified at Exhibit A, Paragraph 9, with

the understanding that delay in the provision of those materials beyond thirty days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant' s performance. B.

Compensation.

1.

Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant, submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in E ibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in E ibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a checkmark" neat to the appropriate arrangement, subjecl to die requirements for retention set forth in

Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph ll.

2.

Supporting Information. Any billing submitted by Consultant shall contain sufficient .

information as to the propriety of the billing, including properly executed payrolls, time records; invoices, contracts, or vouchers describing in detail the nature of the charges to the Project in order to

permit the City to evaluate that die amount due and payab] e is proper, and such billing shall specifically

contain the City' s account number indicated on Exhibit A; Paragraph 17( C) to be charged upon making such payment.

3.

Exclusions. In determining the amount of the compensation Ciry will cxclude any cost: 1)

incurred prior ro the effective date of this Agreement; or 2) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of the Consultant, its agents, employees, or subcontractors.

a.

Errors and Omissions. In the event that the City Administrator deCermines that the ConsultanYs

negligence, errors, or omissions i

tl e perfonnance of work under this Agreement has resulted in .

expense to CiTy greater than would have resulted if there were no such negligence, errors, omissions,

o

7- 36

Consultant shall reimburse City for am: additional expenses incurred by the Citv. I' othing in this paraeraph is intended to limit Cit}' s rights under other provisions of this Agreement. 4.

Pa ment Not Final Approval. The Consultant understands and aerees that pa ment to the.

Consultant for an Project cost does not constitute a Cin final decision about H hether that cost is allowable and eligible for pavment under the Project and does not constitute a wai er of am iolation of

Consultant of the terms of the Aereement. The Consultant acknowledees that City will not make a final determination about the eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by the Cin has been completed; whiche er occurs latest. If City determines that the Consultant is not entided to receive any portion of the compensation due or

paid, City• ill notifi the Consultani in writing, statine iu reasons. The Consultant agrees that Project doseout will not alter the Consultant' s responsibilin to return a Y funds due Ciq as a result of later refunds; corrections, or other similar transactions; nor ill Project closeout alter the rieht of City to disallow cosu and recover funds provided for the Project on the basis of a later audit or other review. a.

-

Consultanrs Obliaation ro Pa}.

o ed to City,

Upon notification to the Consultant tha[ specific amounts are

hether for excess pa ments or disallowed costs, the Consultant agrees to remit to City

promptly the amounts o ed, including applicable interest. ARTICLE III. ETHICS

A.

Financial Interests of Consultant

1.

Consultant is Desienated as an FPPC Filer. If Consultant is desienated on Eshibit A, Paraeraph

14; as an` FPPC filer," Consultant is deemed to be a " Consultanr' for the purposes of the Political

Reform Act conflict of interest and disclosure pro isions, and shall report economic interests to the Cin• Clerk on the required Statement of Economic Interests in such reportins categories as are specified in

Paraeraph 14 of Exhibit A; or if none are specified, then as determined by the Ciq Attorney. 2. .

I' o Participation in Decision. Reeardless of ahether Consultant is desienated as an FPPC Filer,

Consultant shall not make, or participate in makine or in any n ay attempt to use ConsultanPs position to influence a eovemmental decision in which Consultant I: no vs or has reason to I; now Consultant has a financial interest other than the compensation promised b 3.

this Agreement.

Search to Determine Economic Interests. Regardless of

hether Consultant is desienated as an .

FPPC Filer, Consultant warrants and represenu that Consultant has diliQently conducted a search and

inventory of Consultant's economic interests, as the term is used in the regulations promuleated by the Fair Political Practices Commission. and has determined that Consultant does not. to the best of ConsultanPs kno vledee. have an economic interest

hich ti ould conflict

y

this

4.

ith Consultant' s duties under

Aereement.

Promise I TOt to Acquire Conflictin

an FPPC Filer, Consultant further

Interests. Re ardless of

hether Consultant is designated as

arrants and represents that Consultant

assume an economic interest durina the term of this Aereement

interest as prohibited by the Fair Political Practices Act.

31

7- 37

ill not acquire, obtain; or

hich would constitute a conflict of

5. Duty to Advise of Conflicting Interests. Regardless of N hether Consultant is designated as a FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City

Attorney if Consultant leams of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Politica] Practices Act, and regulations promulgated thereunder. 6.

Specific VJarranties Against Economic Interesu. Consultant warrants, represents and agrees

thaL•

a.

I' either Consultant, nor ConsultanPs immediate family members, nor Consultant' s employees or

agents ( Consultant Associates) presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Serrvices, or in any property within 2 radial miles from the exterior boundaries of any proper[y which may be the subject matter of the Defined Services, ( Prohibited Interest), other than as listed in E

ibit A, Paragraph 14.

b.

No promise of future employment, remuneration, consideration, grattiity or other reward or eain has been made to Consultant or Consultant Associates in connection with Consultant' s performance of

this Agreement. Consultant promises to advise City of any sucl promise that may be made during the Tenn of this Agreement, or for twelve months thereafter. a

Consultant Associates shall not acquire any such Prohibited Interest within the Term of this

Agreement, or for twelve months afrer the expiration of this Agreement, except with the written

permission of City.

Consultant may not conduct or solicit any business for any party [o this Agreement, or for any third party that may be in conflict with Consultant' s responsibilities under this Agreement, except with d.

the written permission of City. IV. LIQUIDATED DAMAGES

A.

Application of Section. The provisions of this section apply if a Liquidated Damages Rate is

provided in Exhibit A, Paragraph 13.

Estimating Damages. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. lt is difficult to estimate the amount of damages resulting from delay in 1.

performance. The parties have used theirjudgment to arrive at a reasonable amount to compensate for

delay. 2.

Amount of Penalry. Failure to complete the Defined Services within the allotted time period

specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the

Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 ( Liquidated Damages Rate). 3.

Request for Eatension of Time. If the performance of any act required of Co sultant is directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual governmental delays, acts of God, fire, floods, epidemics; frei ht embargoes, or other causes beyond the reasonable control of the

32

7- 38

Consultant; as determined b the Cit}, Consultant shall be ezcused from performine that ac[ for the dela}. In the e ent Consultant claims the

period of time equal to the period of time of the prevention or

ehistence of such a dela, the Consultant shall notify the City' s Contract Administrator; or desi nee, in ritins

of that

fact

ithin

ten calendar

da

s after the

beainnine

of

any

such claimed

of time ill not be eranted for delays to minor portions of H ork unless it can be sho did or will delay the proQress of the work.

dela.

Extensions

n that such delavs

ARTICLE V. I1 rDEA4ivIFICATION A.

Defense, Indemnit}, and Hold Harmless.

1.

General Requirement. Eacept for liabilitp for Desien Professional Sen ices covered under Artide V., Section A.2.; Consultant shall defend; indemnify, protect and hold harmless the Cin, its elected and appointed officers, a2enu and employees. from and aQainst am and all claims; demands,

causes of action, cosu: expenses, liability, loss; damage or injury, in la v or equih, to propem or persons; including ronaful death, in any manner arisins out of or incident to anv alle ed acts; omissions, neelieence, or willful misconduct of Consultant, its officials, officers, employees, aeents, and

contractors, arising out of or in connection with the performance of the Defined Ser ices or this Agreement:>Thiscindemnity provision does not include any claims, damages, lisbiliiy. es?s and ezpenses( including without limitations; attorneys fees) arisin irom the sole neslieence: ac[ ive neoligence or willful misconduct of the City. its officers, employees. Also covered is liability arising from, connected with, caused b or claime ro be caused by the active or passive neelieent acts or omissions of the Cih, iu aeenu, officers, or emp: o}•aes hich ma be in combination vith the acti e or passive neglieent acts or omissions of the Consultant, its employees, agenu or officen. or any third part.

2.

Design Professional Services. If Consultan[ provides design professional sen ices, as defined b section 2782.. as mav be amended from time to time, Consultant shall defend.

Califomia Civil Code

indemnifi and hold the Ciq, its officials, officers, employees; olunteers; and agents free and harmless from anv and all claims; demands; causes of action, costs, expenses, liability, loss, damage or injun, in law or equity; to propem or persons, includin TOneful death; in any manner arisine out of. pertainine to. or relatine to the nealiQence. recklessness. or willful misconduct of Consultan[. its officials. officers. emplo ees, age ts, consultants. and convactors arisine out of or in connection with the performance of Consultant` s services. Consultant` s dun to defend, indemnifv, aud hold harmless shall not include am

claims or liabilities arising from the sole ne ligence; active negliQence or willful misconduct of the City; its agents; officers or employees. This section in no vay alters, affects or modifies the Consultanrs oblieations and duties under this Aereement. 3.

Costs of Defense and A i ard. Included in the oblisations in Sections A. 1 and A. 2. above. is the

Consultant' s oblioation to defend: at Consultant' s o n cost, expense and risk; any and all suits, actions or other legal proceedinos, that may be brou ht or instituted against the City, its directors, officials, officers, employees; aoenu and/ or

olunteers, subject to the limita[ ions in Sections A. 1. and A?.

Consultant shall pay and satisf} any judgment, a vard or decree that may be rendered aQainst City or iu directors; officials, officers; employees; aeents and/ or volunteers. for am and all related leeal espenses

and costs incurred bv each of them, subject to the limitations in Sections A. 1. and A. 2.

33

7- 39

4. Insurance Proceeds. Consulta t' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, emp] oyees, agents, and/ or volunteers.

Declarations. Consultant' s obligations under Article V shall not be limited by any prior or subsequent declaration by the Consultant. 5.

Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcine the indemnity and defense provisions set forth in Article V.

6.

7.

Survival. Consultant' s obligations under Article V shall survive tNe tennination of this

Agreement.

ART[ CLE VI. TERMINATION OF AGRE MENT A.

Termination for Cause. If, throu h any cause, Consultant shall fail to fulfill in a timely and

proper manner Consultant' s obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this A reement, City shall have the right to tenninate this

Agrcement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five( 5) days before the effective date of such termination. In that event, all finished or

unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation; in an amount not to exceed that payable under this

Agreement and less any damages caused City by Consultant' s breach, for any vork satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination. Termination of Agreement for Convenience of City. City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and B.

specifying the effective date thereof, at least thirty (30) days before the effective date of such termination: ] n that event, all finished and unfinished documents and other materials described

hereinabove shalf, at the option of the City, become City' s sole and exclusive property. If the

Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement, for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby eapressly waives any and all claims for damages or compensation arising under this Aereement except as set forth in this section.

ARTICLE VIL RECORD RETENTION AND ACCESS

A.

Record Retention. During the course of the Project a d for three ( 3) years following completion,

the Consulta t agrees to maintain, intact and readily accessible, all data, documents, reports, records,

contracts, and supporting materials relating to the Project as City may require. 34

7- 40

Access to Records of Consultant and Subcontractors. The Consultant aerees to permit; and

B.

require iu subcontractors to permit City or its authorized representatives, upon request. to inspect all Project w ork; materials, payrolls, and other data; and to audit the books, records. and accounts of the

Contractor and iu subcontractors pertaining to the Project. C.

Project Closeout. The Consultant agrees that Project closeout does not alter the reportine and

record retention requirements of this A¢ reement.

ARTICLE VIII. PROJECT COD4PLETIO\'. AUDIT. AND CLOSEOUT A.

Project Completion. Nithin ninety ( 90) calendar days followins Project completion or termination by Cit}, Consultant agrees to submi[ a final certification of Project expenses and audit reports. as applicable.

B.

-

Audit of Consultants. Consultant aerees to perform financial and compliance audiu the City ma require. The Consultant also aerees to obtain any other audiu required by Citv. Consultant aerees that Project closeout

ill not alter Consultant' s audit responsibilities. Audit costs are allo

able Project

costs.

C.

Project Closeout Project closeout occurs i hen Ciri notifies the Consultant that Ciq has closed

the Project, and either forwards the final pa ment or acl: nowledees that the Consultant has remitted the

proper refund. The Consultant agrees that Project closeout by City does no[ im alidate any continuing requirements imposed b the Aereement or any unmet requiremenu set forth in a ritten notification from Ciri ARTICLE IX. D4ISCELLANEOUS PROVISIONS

A.

Assienability. The services of Consultant are personal to the Ciry, and Consultant shall not

assien anv interest in this A reement, and shall not transfer any interest in the same ( i hether by assianment or notation). ti ithout prior t ritten consent of Citv. 1.

Limited Consent. City hereby consents to the assienment of the portions of the Defined Sen ices

identified in Eshibit A, Paragraph 16 to the subconsultants identified as " Permitted Subconsultants." B.

O nership, Publication, Reproduction and Use of D4aterial. All reports, studies, information,

data; statistics; forms, desiens, plans, procedures, s= stems and any other materials or properties produced under this Aereement shall be the sofe and exclusive propem of Cit}.

I' o such materials or

properties produced in i hole or in part under this Aereement shall be subject to pri ate use; cop rieh[ s or patent riehts b Consultant in the United States or in am• other country

ithout the express

Titten

consent of City. Cin shall ha e unrestricted authority to publish, disclose ( except as may be limited by the provisions of the Public Records Act), distribute, and othen ise use, copyright or patent, in whole or

in part, any such reports, studies, data, statistics; forms or other materials or properties produced under this Aereement.

35

7- 41

C.

Independent Contractor. Cit

is interested only in the results obtained and Consultant shall

perform as an independent contractor with sole control of the manner and means of performing the sen ices required under this Agreement. City maintains the right only to reject or accept Consultant' s work products. Consultant and any of the Consultant' s agents, employees or representatives are, for all purposes under this Agreement, independent contractors and sl all not be deemed to be employees of

City; a d none of them shall be entitled to any benefits to which City employees are entitled including but ot limited to, oveRime, retirement benefits, worker' s compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social sec riry tax or any other.payroll tax; and Consultant shall be solely responsible for the payment of same and shall hold the Ciry harmless with regard to them. 1.

Actions on Behalf of City. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Consultant shall have no authoriry, express or implied, to bind Ciry or its members, agents, or employees, to any obligation whafsoever, unless expressly provided in this Agreement. 2.

No Obligations to Third Parties. In connection with the Project, Consultant agrees and shall

require that its agents, employees, subcontractors agree that City shall not be responsible for any obligations or liabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a party to this Agreement. Notwithstanding that City may have concurred in or approved any solicitation, subagreement, or third pariy contract at any tier, City shall have no obligation or liability to any person or entity not a party to This Agreement. D.

Administrative Claims Requirements and Procedures. No suil or arbitration shall be brought

arising out of this Aereement, against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1. 34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. E.

Administration of Contract. Each party designates the individuals ( Contract Administrators) indicated on Exhibit A, Paragraph 12, as that party's contract administrator who is authorized by tfie party to represent it in the routine administration of this A reement. F.

Term. This Agreement shall tenninate when the parties 6ave complied with all executory

provisions hereof. G.

Attorney' s Fees. Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment againsY the other for an amount equal to

reasonable attomeys' fees and court costs incurred. The" prevailing party" shall be deemed to be the parry who is awarded substantially the relief sought. H.

Statement of Costs. In the event that Consultant prepares a report or document, or participates in

The preparation of a report or document in performing the Defined Services, ConsulYant shall include, or

3G

42

cause the inclusion of, in the report or document; a statement of the numbers and cost in dollar amounts of all contracu and subcontracts relatine to the preparation of the report or document. 1.

Consultant is Real Estate Broker and/ or Salesman. If the box on Exhibit A, Paraaraph 1

is

marked, the Consultant and/ or its principals is/ are licensed with the State of Califomia or some other

state as a real estate broker or salesperson.. Othen+ise, Consultant represents that neither Consultant, nor its principals are licensed real estate brokers or salespersons. J.

I Totices. All notices, demands or requests pro ided for or permitted to be siven pursuant to this

A eement must be in riting. All notices. demands and requests to be sent to anv pam shall be deemed to ha e been properly gi en or seraed if personalh sen ed or deposited in the United S[ ates mail, addressed to such

party,

postaee prepaid, registered or certified,

ith retum receipt requested. at

the addresses identified in this Agreement as the places of business for each of the designated parties. K.

Inteeration. This Aareement, toeether

ith am other rritten document referred to or

contemplated in it. embody the entire Agreement a d understanding bern een the parties relatine to the subject matter hereof. I Teither this Aareemen[ nor any provision of it may be amended, modified; N=aived or discharged eacept by an instrument in vriting executed by the pam against vhich enforcement of such amendment. L.

ai er or discharee is souaht.

Capacit} of Parties. Each sienatory and pam to this Aereement

arrants and represents to the

other party that it has leeal authority and capaci[ y and direction from its principal [ o enter into this A eement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Aereement. M.

Goveming LawNenue. This Agreement shall be govemed b and construed in accordance vith the laws of the State of California. Am action arising under or relatine to this Aareement shall be brouaht onh in the federal or sta[ e courts located in San Diew Counn. State of California. and if

applicable; the Cin of Chula V ista. or as close thereto as possible. Venue for this Aereement, and pedormance under it; shall be [ he City of Chula Vista. End of page. Nest paee is si na[ure page.)

Sienamre Paee to

Agreement behveen

Ciry of Chula Vista and II' SERTNAME OF CONSULTA\' 7], To [ INSERT SERVICES TO BE PROVIDED]

37

7- 43

1N WITNESS WHEREOF, City and Consulta t have eaecuted this Agreement, indicating that they have read and understood same, and indicate their full and complete conse t to its terms:

City of Chula Vista

By: INSERTNA.Iv1E OF SIGNATORY, e. g., Mayor, Sr. Procurement Specialist; City Manager] Attest:

Donna Norris, City Clerk

Approved as [ o form:

Glen R. Googi s, City Attorney INSERT NAME OF CONSULTANT],

By: NSGRT SIGNATORY NAME] INSERT SIGNATORY TITLE]

Exhibit T ist

to

Agreement:

Eachibit A

LIST ADDITIONAL BXHIBITS, AS NECESSARY] Eahibit A to

Agreement between

City of Chula Vista and

INS RT NANIE OF CONSULTANT]

s

7- 44

I.

Effecti e Date: The Aereement shall take effect upon full ezecution of the Aereement, as of the

effecti e date stated on page 1 of the Aereeme t.

2.

Cih- Related Entity: [ CHECK OtiTE]

O Cih of Chula \%ista, a municipal chartered corporation of the State of Califomia O

The Chula Vista Public Financing Authorit}, a

O

The Chula Vista Industrial De• elopment Authority, a

a [ insert business form]

Other.

City) 3.

Place of Business for Cit}:

Ciry of Chula Vista 276 Fourth Avenue

Chula Vista. CA 91910 4.

Consultant:

INSERT CONSULTA\ iT' S NAIvIE]

5.

Business Form of Consultant:

Sole Proprietorship Partnership Corporation

6.

Place of Business; Telephone and Fax I`' umber of Con§ultant:

INSERT CONSULTANT' S ADDRESS AAID PHONE AND FAX NOS.] 7.

General Duties:

INSERT GENERAL DESCRIPTION OF WORK TO BE PERFORI gD BY CONSULTANT.] 8.

Scope of R' ork and Schedule:

A.

Detailed Scope of' l'ork:

INSERT DETAILED DESCRIPTION OF 1 rORK TO BE PERFORA4ED BY CONSULTANT.] B.

Date for Commencement of Consultant Sen ices:

39

7- 45

O

Same as EPfective Date of Agreement Other.

C.

Dates or Time Limits for Delivery of Deliverables:

DeGverable No. 1: Deliverable No. 2:

Deliverable No. 3: D.

Date for completion of all ConsultanL services:

9.

Materials Required to be Supplied by City to Consultant:

10.

Compensation:

A.

O

Single Fixed Fee Arrangement.

For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for tl e Deliverables set forth below: Single Fixed Fee Amount:

Milestone

O

1.

or

Event

or

payable as follows:

Deliverable

Amount or Percent of Fixed Fee

Interim Monthly Advances. The City shall make interim monthly advances against the

compensation due for each phase on a percentage of completion basis for each given phase such that, at

the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to fhe City if the Phase is not

satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be

applied to each interim payment sucl that, at the end of the phase, the full retention has been held back rom the compensation due for that phase. Percentage of completion of a phase shall be assessed in the

sole and unfettered discretio by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Consultant

shall have represe ted in writing that said percentage of completion of the phase has been performed by the Consultant The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B.

O

Phased Fixed Fee Arrangement.

For the performance of each phase or portion of the Defined Services by Consultant as are

separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall nof commence

40

7- 46

Services under any Phase, and shall not be entided to the compensation for a Phase, unless City shall ha- e issued a notice to proceed to Consultant as to said Phase. Fee for Said Phase

Phase 1. 2.

3.

O

I.

Interim\ 4onthly Advances. The City shall make interim monthh advances a ainst the

compensation due for each phase on a percentage of completion basis for each gi en phase such that, at

the end of each phase onl the compensation for that phase has been paid. Any paymen[ s made hereunder shall be considered as interest free loans that must be retumed to the Cin if the Phase is not

satisfactorily completed. If the Phase is satisfactorilp completed. the Ciq shall receive credit aeainst the compensation due for that phase. The rerention amount or percentage set forth in Paragraph 18 is to be applied to each interim payment such that at the end of the phase; the full retention has been held back

from the compensation due for that phase. Percentaee of completion of a phase shall be assessed in the sole and unfettered discretion b

the Contracts Administrator desienated herein bv the Cih. or such

other person as the Cit}' D4anaeer shall designate, but onl upon such proof demanded by the Cih [ hat has been pro ided, but in no e ent shall such interim advance payment be made unless the Consultant

shall ha e represented in writin that said percentase of completion of the phase has been performed by the Consultant. The practice of makins interim monthl time and materials basis of pa} ment. C.

()

advances shall not com ert this aereement to a

Hourl} Rate Arrangement

For performance of the Defined Sen ices by Consultant as herein required. City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below accordine to the followina terms and conditions:

1)

Not to Eaceed Limitation on Time and A4aterials Arra gement

O

I' ohti ithstanding the espenditure by Consultant of time and materials in excess of said A4aximum Compensation amount, Consultant a2rees that Consultant required of

Consultant for

ill perform all of the Defined Services herein

includine all D4aterials, and other

reimbursables' ( Masimum Compensation). 2)

O

Limitation without Further Authorization on Time and r•faterials rliraneement

At such time as Consultani shall have incurred time and materials equal to Authorization Limit). Consultant shall not be entitled to an

additional

compensation without further authorization issued in • ritino and appro ed by the Cin. i' othine herein shall preclude Consultant from providing additional Semices at Consultant's o ti n cost and e pense. See Exhibit B for

aee rates.

41

7- 47

O Hourly rates may ii crease by providine services is caused by City. ll.

6% for

sen

ices

rendered after [ month],

20_,

if delay in

Materials Reimbursement Arrangement

For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, Ciry shall pay Consultant at the rates or amounts set forth below: O

None; the compensation includes all costs. Cost or Rate

Reports; not to exceed $ Copies, not to exceed $

Travel; not to exceed $

Printing, not to exceed $ Postage, notto eaceed $

Delivery, not to exceed $ Outside Services:

O

$

Other Actual Identifiable Direct Cost's: not to exceed $ not to exceed $

12.

Contract Administrators:

City: Consultant:

13.

Liquidated Damages Rate:

per day. Other:

14.

Statement of Economic] nterests, Consultant RepoRing Categories, per Conflict of Interest Code

Chula Vista Municipal Code chapter 2. 02):

O

Not Applicable. Not an FPPC Filer. FPPC Filer

O

Category No. 1. Investments, sources of income a d business interests.

O

Category No. 2. Interests in real properry.

O Category No. 3. lnvestments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of tl e department administering this Agreement. 42

7- 48

O

Cate ory I' o. 4. Investments and business positions in business entities and sources of income

that engage in land de elopment. construction or the acquisition or sale of real propem.

O

CateQory

I'

o. .

Im estments and business positions in business entities and sources of income

that, rithin the past t o ti ears; have conVacted with the City of Chula Vista or the Cin' s Redevelopment Agenc

to pro ide services, supplies; materials; machinen or equipment.

Cateeory No. 6. Im-estments and business positions in business entities and sources of income that; withi the past ti o years, have contracted with the department administering this Agreement to O

provide sen ices, supplies. materials. machinery or equipment.

O List Consultant Associates interests in real properg vithin 2 radial miles of Project Property, if any:

l i.

O

16.

Permitted Subconsultants:

17.

Bill Processine: A.

Consultant is Real Estate Broker and/ or Salesman

Consultant' s Billing to be submitted for the followine period of time: D4onthly Quarterlv Other:

B.

Day of the Period for submission of Consultant's Billine: First of the A4onth

O

15th Day of each A4onth End of the D4onth Other:

C.

18.

Cih's Account Number: [ TO BE ASSIGNED]

Securiry for Perfortnance Performance Bond, $

a;

7- 49

Letter of Credit,

Other Security: Type: Amount: $

Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the pa} ment of compensation to the Consultant sooner, the City shall be entitled to retain; at O

their option, either the following " Retention Percentage" or" Retention AmounY' until the City determines that the Retention Release Event, listed below, has occurred: Retention Perceutage: Retention A nount: $

Retention Release Event:

O Completion of All Consultant Services Other:

O Other: The Retention Amount may be released on a monthly basis provided that Consultant has performed said monthly services to the sole satisfaction of the Assistant City Manager/Director of Development Services or his designee.

44

7- 50

ATTACHl gNT E

Chula Vista D4unicipal Code Section 9. 06 ( proposed) ORD

ANCE NO.

ORDL\'. 12 CE OF 71IE CI"[1' OF CHUL.A VISTA rL\g\ TDL G A\' D RESTATL G L'

ITS ENTIItETY CHiJI. A VISTA MIJr ICIPAL CODE CHAPTER 9. 06, SECURITY ALAIt,14 SI"STE\ 4S. N'I77-I TI-IE\` ER 7TTLE" SECURI7' 7' AL..1R,\ 1S"

WI IEREAS, Chula Vista Dlunicipal Code Chapter 9. 06, security alarm s} stems; ras adopted in 1982 and amended_ in 199 to require regisvation of security alartns and to reduce false activations of such alarms; and

WHEREAS, a new municipal code chapter regulating sewriry alarms is necessarv to implement best practices identified by the alartn industry that reduce police dispatches to false alarms; and H7-IEREAS, the Chula Vista Police Department seeks to continuousl} impro e public safen• sen ices for a( 1 residents and to most efficiently use, its limited resources; and WI IEREAS, Departrnent officers responded to more than 5, 400 alarms in 2012 at residences and businesses: and WI-IEREAS, alarms accounted for 8 percent o( all calls for service to the Depamnent in 2012 and w ere the number one call type for Fiscal 1' ears 2009- 10 to 201 L12; and

VI'I-IEREAS, nearly all alarms are false: 99. 7 percent of residential alarms are false and 98. 6 percent ot"commercial alarms aze false: and

WHERE.AS, the Department hu identified false alartns as an e cessive and unnecessary drain on iu limited resources: and

I

REAS, respondine to false alarms tal:es police officers and police dispatchers awa}• from acmal public safen•

needs. to the detriment of true crime victims and the entire communin•: and

YI-IEREAS, a consultant` s study of staffing and operational practices in 2012 recommended that the Department require a verified response to alarzns— confirmation provided by an atarm company through a securin guard, ideo: or audio at an alarm site that an actual or anempted crime is in proeress before an officer is dispatched— to reduce police resources lost to false alarms: and

1- IERE.AS, the consultant` s smdy of staffing and operational practices in 2012 found that uniformed field o overall proactive time

for

panol

operations was at

cers

22% - an inadequate ratio to perform the most effective policine in the

community; and

WI IEREAS, the Departmenr s proposal to require a verified response for securiry alanns vas opposed by members of the alarm industry and most of the approsimately 60 alartn users who anended an August 2012 informational presentation at Ohmpian High School; and-

7-

REAS, residencs who attended the August 2012 presentation and residents who provided feedback in other

forams urged the Department to esplore other options to reduce police dispatches to false alarms instead of enfied response,

includin increasing fines to deter false alarms; and WHEREAS, « ith the goal of reducing the number of police dispatches to false alarms while meeting alarm users` espectaaons for a police response to an alarm, the Department subsequendy researched ideas and opinions from alarm users in the community and how to best use verified response, identified alarm- industn best practices, and consulted with members of the alarm industrv at the local, state aod national levels: and

45

7- 51

WHEREAS, modern ala` m ordinances in other communities in the nation ( such as Spokane, R' ashington) have been

identified as successful models because they reduced police dispatches to false alarms by nearly 80 percent over a few years b}' incorporating alarm- industry best practices, such as requiring registration of alarm permits; requiring enhanced call verificatio — alarm monitors must make at least two phone calls to the alarm user before calling police: enforcing false alarm fines; accepting cancellations of service requests prior to dispatch; suspending a police response to chronic abusers; and using a third- party administrator to administer the ordinance; and

WHEREAS, by implementing best practices, the Department anticipates a reduction of police dispatches [ o false alarms, which would free up officers to fows on actual public safety needs; reduce response times to ureent calls, such as domestic violence; and permi[ officers to work proactively on community priorities, as well as crime preven[ ion. NOW TFiEREFORE, with the above recitations contai ed herein, the Ciry Couneil of the City of Chula Vista does, hereby, ordain as follows: Sectioo I.

The Chula Vista Municipal Code Chapter 9. 06, Securiry Alarm S} stems, is hereby amended and restated in its entirety with the new tide, Security Alartns; as follows: aap: 2;_ n. 00 ni

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Chapter 9. 06 SECURITY ALARMS Article I. General Provisions and Definitions 9. 06. 010 Short title 9. 06. 020 Legislative findings and purpose

9. 06. 030 No city duty created 9. 06. 040 Definitions 9. 06A50 Enhanced call verification required

9. 06. 060 Administration by chief of police 9. 06. 070 A'on- residentiaUcommercia] alarm systems exempt

9. 06. 080 Govemmen[ entities exempt from fees, fines and charges 9. 06. 090 Fines, fees and charges

9. 06. 100 Confidentiality Article] I. Alarm Company Licenses and Duties 9. 06. 110 Alazm company licenses required 9. 06. 120 Denial of business license— Appeal— Hearing— Notice requ ired 9. 06. li0 Alarm company duties Article III. Alarm User Duties and Permits

9. 06. 140 Alarm user duties 9. 06. 150 Alarm permit required 9. 06. 160 Denial of alarm permit

9. 06. U0 Revocation of alarm permit 9. 06. 180 Verified response required

9. 06. 190 Rightto discontinue response 9. 06. 200 Cancellation of dispatch reqoests 9. 06210 Annual renewal of alarm permit

9. 06220 Notices of denial or revocation of alarzn permit; fines; verified response required; appeal

50

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Artide IV. Alarm Sastem Standazds

9. 06.230 Alazm Svstem- A9anufacmrine standards 9. 062 0 Alazm System- Operational standards Article I.

General Provisions and Definitions

9. 06.010 Short title

This chapter shall be known and cited as the` Chula Vista securiry alarm ordinance." 9. 06.020 Legislative findin s and purpose

The ciry counci] finds and determines thar.

A. Inadequately operated. maintained or installed securit} alartn systems in residential and commercial buildinas can cause false alarms:

B. The persistent; hieh volume of false alarms endangers the health; safety and welfare of the cit}' s residents;

C. False alarms also drain limited police resources by preventine; diverting, or delaying police officers and police dispatchers from sen ing actual public safety needs; such as ans erine calls for

sen ice; addressing the community' s public safeh priorities, enforcin laws; im estigatine and solvino crimes; and pre

entine crime;

D. The unnecessary waste of public tax dollars by police responses to false alarms must be reduced;

E. Re ulatins alarm s} stems; alarm users; and companies that provide alarm sen ices in the citv is necessary to ensure that every residence and every business in the cirn; not just those that can afford a security s} stem and monitoring sen ice, are afforded the safety and. protection provided b law enforcement

F. The purpose of this chapter is to encouraoe alarm businesses and alarm users to maintain the operational aiabilih of their security alarm s} stems and to sienificantly reduce or eliminate false alarm dispatch requesu made to the police deparanent;

G. Reeulatine alarm s} stems installed in buildinss, alarm users, and alazm businesses is a matter of public policy in pursuing securirv and promoting the public health, safety and welfare of the ciq and its residents. 9. 06. 030 No city duty created The provisions of this chapter are adopted as an esercise of the cin` s police power to promote ihe public health,

safen, and welfare and are not intended to protect individuals or o henvise estabtish or create a special relationship with any partiwlar class or roup of persons who will or may be affected b the provisions of this chaptec This chapter neither creates

nor imposes any dut}• to pmtect on the part of the cip• nor any of iu depanments; di• isions, officials, aeents, or emploqees.

I'he obli ation of complying with the requirements of this chapter and the consequences for failine to do so are placed solely upon the panies responsible ( or oH•ning, operating, monitorine, or maintainins alarm systems vithin the citv. Nothin

chapter shall be interpreted as requiring or promisins any response by public safety officers to am• alartn. 9. 06. 040 De&nitions

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in this

A. " Alarm administrator" means the person desig ated by the chief of police to administer the provisions of this chapter and the rules and regulations adopted pursuant to Section 9. 06.060.

B. " Alarm appeals officer' means the person designated by the cip manager to hear and decide appeals related to fines and denials and revocations of alarm pertnits pursuant to Section 9. 06220.

C. " Alartn business" means the selling, ] easing maintaining, monitoring, servicing, repairing, altering, replacing, moving,

i stalling any alarm system in or on any building, real properfy, or premises. D. " Alarm company" means any person engaged in an alarm business for any consideration whatsoever. This term includes an" alarm system mo itoring company.°

E. " Alartn dispatch requesP' means a communication to the department, eia police dispatch, by an alartn compam indicating that an alarm system has been activated at a partiwlar alarm site and requesting a police response to that alarm site. F. " Alartn system' means an " alarm system" as defined in Califomia Business and Professions Code Section 7590. 1 and

which is installed in a building.

G. " Alartn system monitoring company" or" monitoring company" means any person that, for any consideration whatsoever; engages in the business, practice, or profession of monitoring alarm systems within the city, and that reports, direc8y or indirectly, any acti ation oC alarm systems w the city, its departments, divisions, officials, agents, or employees, including, but not limited to, the police department and/ or police dispatch.

H.° Alarm user' means a person ha ing or maintaining an alarni system on real property owned or controlled by that person. L" Alarm permiP' means that permit required under Section 9. 06. 150. J." Audible alarm" means an alarm system that, when activated, generates an audible sound at its location.

K." Chief of police" means the chief of police of the city or his or her designee.

L. " City" means the City of Chula Vista and/ or the area within the incorporated municipal boundaries of the Ciry of Chula Vista.

M." DeparlmenP' means[ he Chula Vista Police Department.

N. "Duress alarm"( also" hold-up alartn,''" panic alarm," or" robbery alarm") means an alarm signal generated by the manual or automatic activation of a device, or any system, device or mechanism, installed in or near a building inte ded to signal Ihat a robbery or other serious crime is in progress, and Ihat one or more persons are in need of immediate police assistance in order to avoid injury, serious bodily harm or death.

O." Enhanced call verificatiod' is a monitoring procedure requiring that a minimum of two calls be made prior to making an alazm dispatch requesL At least two calls must be made to different phone numbers where a responsible party can rypically be reached.

P. " False alarm" means an alarm to which a police officer responds and, in the opinion of that officer, no evidence of the

commission or attempted commission of a crime is present that can be reasonably attributed to have caused the alarm activation, or the responding of£cer is unable to determine if evidence of a crime or attempted crime is present because the site is inaccessible.

Q. ° One- plus duress alarrtt," prohibited by 9. 06. 130. D and 9. 06230.C, means an alarm system that permits the ntanual

activation of an alarm signal by entering on a keypad a code that adds the value of one (" 1")

to the last digit of its usual

artn/ disarm code. R.' Panic alami'— see Subsection N," duress alarm.°

S." Person," for purposes of this chapter, means an indiaidual, individuals, corporatioq parinershiq association, organization or similar entiri.

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T." Robben alarm"— see Subsection N." duress alarm."

U." Verified response" means information recei• ed from a person physicall} present at an alartn site, or Gom real- time audio or video sun eillance at the site, that positively• erifies evidence of a crime or an attempted crime at the alarm site. 9. 06.050 Enhanced call verification required

A. \* o alarm system monitorine company shall request a police response to an alarm unless the alarm s}• stem monitoring company has aUead} made at least nvo telephone calls to derermine whether the alarm si al is valid or false. B. One telephone call shall be to the premises where the alarm system is located. The second telephone call shal( be to an altemate telephone number desienated by the alarm user for this purpose.

C. This requirement for enhanced call erification shall not apply to duress alarms. 9. 06. 060 Administration b}• chief of police

A. Responsibilin for adminisVation of this chapter is• ested with the chief of police.

B. The chief of police may desienate an alarm administramr to cam out the duties and functions described in this chaprec

C. The cin• manaeer may desienate one or more persons to sen e as alarm appeals o( ficer(s) to cam out the duties and functions related to appeals of false alazm fines and the denial or revocarions of alarm pertnits as described in this chapter.

D. In order to administer and implement the pro isions of this chapter, the chief of police may adopt H rinen rules and regulazions that are consistent with the provisions of this chapter.

9. 06. 070 A'on- residentiaUcommercial alarm systems eaempt

The provisions of this chapter do not apply to alarms installed in automobiles, mororc cles, boats, boat trailers, recreational

ehicles; aireraft, or alarms carried b} or vom on a person.

9. 06. 080 Govemment entities exempt from fees, fines and charges

Except for pro• isions relating to permit fees and false alarm fines, municipal, counn•, state and federal agencies are . required to comply with, and are subject[ o, the provisions of this chapter. 9. 06.090 Fees, fines and charees

The amount of all ( ees, fines, and charees specified in this chapfer shall be set by resolution of the cip council, in accordance with Chula Vista D4unicipal Code Chapter 3.-05, D7aster Fee Schedule. 9. 06. 100 Confidentialitv

To the e tent authorized by state law, the information fumished to the city pursuant to this chapter shall be kept confidential by the ciry and the alarm administrator, and shall not be wbject to public inspection or disclosure. Anicle II.

Alarm Company Licenses and Duties. 9. 06. 110 Alartn compan} licenses required

A. Pursuant to Chula Vista D4unicipal Code Section 5. 02. 020, every alarm company must ha• e a alid busicess license issued by the cin before conductine alazm- related business or providing alarm- related services in the city.

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B. In addition.to a city business license, every alarm company doing business in the city must possess a valid license issued by the State of Califomia, Department of Consumer Affairs, Bureau of Securiry and Investigative Services, pursuaut to the Alarm Company Act, Business and Professions Code Section 7590 et seq. A copy of.this state license shall be submitted with the application for a city business license.

C. If a sta[e alarm license is suspended, revoked or otherwise invalidated by the issuing authority, Ihe alarm company must notify the alarm administrator in writing within[ hree days and must cease business operations in the city. D. Violation of this section is punishable pursuant to Chula Vista Municipal Code Chapter 1. 20, General Penalty. 9. 06. 120 Denial of business license— Appeal— Hearing— Notice required Pursuant to Chula Vista D4unicipal Code Section 5. 02. 11Q in cases where a business license is denied, the applicant

shall have the right to appeal such denial of a license to the ciry manager. Such appeal shall be in writing and shall be delivered to the office of the ciry manager within ] 0 days of[ he notice of disqualification. The city manager, or official designee, shall hear and determine Ihe appeal ithin 60 days after it is filed. The hearing shall be conducted in accordance with the provisions of Chapter 1. 40, Administrative Procedure and Process, Chula Vista Municipal Code. The determination

of the city manager or official designee shall be final. A fee as set forth in the master fee schedule shall be imposed by-the city manager as a condition to filing any appeal. The fee shall not be greater than tihe anticipated cos[ of processing and conducting the appeal, and if the appeal results in issuance of the license, the appeal fee shall be reimbursed to the applicant in aceordance with the provisions of Chapter 1. 4Q Chula Vista blunicipal Code.

9. 06. 130 Alarm company duties A. All alarm installation and/ or monitoring companies shal] ensure that their customer information is updated with the aiarm administrator or designee at least monthly. This information shall include, but is not limited[ o: 1. customer name and contact information( i. e., all phone numbers, email addresses);

2. alarm site address and billing address; 3. monitoring company name and con[ act infortnation; and 4. installa[ ion date, or date the alarm monitoring ended.

B. A] I alarm installation and/ or monitoring companies shall ensure tha[ an on- site inspec[ ion of the alarm s}' stem shall occur at least once every three years. The records of these inspections shall be made available to Ihe alarm administrator upon request.

C. The alarm ins[ allation company shall provide written and oral inshvctions to each of its alarm users in[ he proper use and operation of their alarm systems. Such instructions will specifically include all ins[ ructions necessary to tum the alarm system on and offand to pre ent false alarms.

D. Alarm installation companies shall not program alarm systems so tha[ they are capable of sending one- plus duress alarms.

E. Alarm installation companies shall not install a device to activate a hold- up alarm, which is a single actioq nonrecessed button.

F. Alarm installation companies shall, on new installations, use only alarm control panels that are listed with Undenvriters' Laboratories, inc. or a nationally recognized testing organization.

G. An alarm company shall not install or use automatic voice dialers which call 911 or the police department. H. Afier comple[ ion of[ he installation oCan alarm syslem, an alann comp ny employee shall review with the alarm user a false alartn prevention checklis[ established by the alann administrator. i. Every alarm system monitorin company shall:

7.

report alarm activations or signals by using the telephone numbers designated by the alarm

adminis[ rator.

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6

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2. attempt to erifi e ery security alarm sienal pnor to requesting a police dispatch b}• making at least nro phone calls to the alartn site and responsible pam• or panies, pursuant to Section 9. 06A50.

a.

This procedure does not apply to duress si

als.

b.

This procedure does not apply to cases in which the alarm system monitorine company detects a crime or attempted crime in proeress throuoh an alarm s.• stem' s audio or ideo.

3. communicate alarm dispatch requests to the department in a manner and forzn determined by the alarm administrator. Such requests shall include, at a minimum:

a. any available information ( nonh, south, front, back, floor, etc.) about the location on all alarm sienals related to the alazm dispatch request. b. rype of alarm activation( silent or audible, interior or peruneter.)

c. an alarm pertnit number H hen requesting an officer dispatch. 4. communicate cancellations to the department in a manner and fortn determined by the alarm administrdtor.

5. ensure that all alartn users of alarm systems equipped aith duress, hold- up or paz ic alarm( s) are

iven

adequate training ac to the proper use of the duress, hold-up or panic alarm( s). a. Alarm system trainine shall be pro ided to every alarm user and/ or additional training provided in situations where the alartn user hu incurred four or more false duress alarms in a 12- month period

resultine from unintentional. intemional. or accidental acti ation.

6. afrer an alarm dispatch request. promptly advise the Department if the monitorine company knows that the alarm user or a responder is on the way to the alarm site. 7. attempt to contact the alarm user or responder within nvenrv- four hours via mail, fa, telephone or other electronic meansµ• hen an alarm dispatch request is made.

8. maintain for a period of at least one year from the date of the alarm dispatch request, records relatine to alarm dispatch requests. a. Records must include the:

i. name, address, telephone number, and email address of the alarm user: ii. alazm system zone( s) activated iii. time of alarm dispatch request

i.

evidence of an attempt to verif}

b. The alarm administrator may request and an alartn system monitorine compan} shall provide copies of such records for individuallv named alarm users.

c. If the request is made within sixp days of an alarm dispatch request, the monitoring company shall fumish requested records within ten business da} s of receivine the request.

d. If the records are requested bern een si- n days to one pear afrer an alarm dispatch request the

monitorine company shall fumish the requesced records within thim days of receivine the request. e. To the eactent pertnitted under the law, the records described in this section shall be treated az

confidential by the alarm s}• stem monitoring company and the cin.

l. An alarm installation company and/ or monitoring company that purchues alarm s} stem accounts from another person shall notify the alarm administrator of such purchase and provide details as map be reuonably requested by the alarm administrntor.

Article III Alarm User Duties and Permits

6

9. 06140 Alarm user duties

A. Each alarm user is responsible for.

I. obtainine a pertnit from the city for his or her alartn system within 30 days after installation or priorvto activation, whichever is first.

2. paying the permit fee. 3. providing to and maintaining with the ciry wrrent contact information. B. Each alarm user is responsible for ensuring that his or her alarm system is used lawfull}', properly, and in accordance with the manufacturers directions. Inherent in this responsibility is ensuring tha[ all persons with aceess to the alazm sys[ em are properly treined o correct use of the system, are authorized to cancel accidental activations, and ensuring thai procedures and practices are followed that minimize the risk of false alarms.

C. Each alartn user is responsible for keeping his or her alarm system properly maintained and in eood H orkine order.

D. Each alarm user is financially responsible for paying permit fees, fines associated with a police response to false alarms from his or her alarm site, and any other related charges.( See the Master Fee Schedule.) E. An alarm user' s failure to meet the responsibilities listed in subsections( A),( B),( C) or( D) of this sectioq or any

other requiremen[ for alarm users imposed in this chapter, may lead to revocation of the alann pertnit See Sectioa 9. 06. 170, revocation of alarm use permit.

9. 06150 Alarm pertnit required

A. No person shall use an alartn system installed in a building or structure in[ he city unless[ he person holds a valid alarm permi[ issued pursuant to this chapter.

B. No alarm company providing alarm- related services in the city shall activa[ e an alarm mouitoring service or initia[e alarm dispatch requests relative to any alarm site in the ciry unless the alarm user has first ob[ ained an alarm permit as required in this chapter.

C. Each alarm permit shall be valid for only one alartn system, one location, and one alarm user.

D. Operating an alarm H ithout an alarm permi[ is subject to a fine, [he' equivalent of a first- time false alarm fine; u set out in the ciry' s Master Fee Schedule. The fine may be reduced one time per alarm site by the amount of the alarm permit, if the user obtains an alarm permit within 30 days of incurring the false alarm fine. E. Each alartn permit shall be valid for one }' ear from the date of issuance, unless earlier revoked pursuant to this chapter.

F. Two-year alarm permits that are valid on the date this ordinance becomes effective will be honored for the duretion of the pertnit, unless earlier revoked pursuant to this chapter. An annual permit will be required upon expiration of the two- yeaz permi[.

G. An alarm permit is attached to the alarm user and the alarm site and is not Iransferable.

1. A new alarm permit must be obtained by the new ownedoccupant whenever there is a change of ownership or control of an alarm site.

H. Infotmation required in the alarm permit application shall be de[ ermined by the alarm adminis[ rator and shall include pertinent contact information, including but not limited to the following: user name, address, email address, contact phone numbers, alarm system information, and contact information for the alarm monitoring service. I. An alarm pertnit may be rene ed under the following conditions:

I. The alarm site has no past- due( ees, fines or penalty assessments. 2. The permit has not been revoked for eacessive false alarms.

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3. The alarm user either updates his/ her pertnit information or verifies thaz the permit information is still correct.

4. The appropriate annual pertnit fee is paid.

J. Rene val information and fees are due and must be submitted to the alarm administrator on or before the espiration date of the permit each}

ear.

K. Alarm permit fees are listed in the Ciry of Chula Vista' s \ 9uter Fee Schedule, a ailable from the Finaoce Department or on the Cit}•' s website.

9. 06. 160 Denial of alarm permit

The alarm administrator shall den} the issuance ot an alarm permit to an applicant if one or more of the followino circumstances exist:

A.

The alarm system does not comply.

ith this chapter or the rules and resulations adopted b

the chief of police

.

pursuant to this chaptec

B.

The. applicant has knowingly made any false, misleadino or fraudulent siatement of a material fact in the application for an alarm permit, or in any report or record required ro be filed with the city pursuant to the provisions of this chapter.

C.

The applicant has failed to remit payment of fees, fines, or charges owed under this chapter and the bfuter Fee

Schedule up to the date of the filine of the application. D.

The applicant hu had an alarm permit previoush revoked within one year of the date of the application, and the applicant cannot provide evidence to the alarm administrators satisfaction that a material chanses in

circumstances has occurred since the date oT re rocation indicatine the applicanrs ability to comply + ith the provisions of this chapter.

E.

The applicant has

iolated any of the provisions of this chapter w ithin three years prior to the date of

application; unless the applicant provided evidence to the alarm administrators satisfaction that the appiicant

is capable of compking with the provisions of this chaptec 9. 06. 110 Revocation of alarm permit

A. Four or more false alarms. An alarm permit may be revoked for the duration of the permit upon the fourth false alartn in a 12- month period.

B. Additional erounds for revocation. An alarm pertnit ma• be re• oked for the duration of the alarm pertnit ( or an}• of the grounds for denial of alarm permit issuance listed in Section 9. 06. 160.

C. . An alarm user whose alarm permit has been revoked pursuant to this chapter may apply for reinstatement of the alarm peanit by ( 1) completin a false alarm aH areness class, and ( 2) submittine a false- alarm abatement plan for the approval of the alarm administratoe and( 3) paying any and all false alartn fines and penalties due. D. False alarm a areness class. The alartn administrator shall make available an on- line false alarm awareness clus to those vhose alarm permits have been revoked pursuant to this section. 1.

Successful completion of the alartn adminisvator' s ( alse alarm a

azeness class b}• an alarm user also

may sen e in lieu of payment of a first- time false alarm fine, one time, per re; istered alarm site. a.

Follo«•ine successful completions of the false alartn a

areness class, the next false alarm cill be

billed as second false alarm under the cin' s Dlaster Fee Schedule. 2.

Am• enrollment ( ee for the false alartn awareness class shall be less than the fine for a fust- time false

alazm, as set out in the\ laster Fee Schedule. 9. 06. 180 Verified response required

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.

Verification that a crime or anempted crime is in progress must be provided by an alarm system monitorine

A.

company concurrendy with a request for a police response to a security alarm at alarm sites with excessi e false alarms — four or more false alazms in a 12- month period— in the following cirwmstances: 1. No pertnit.\ Vhen an alarm site without a valid alarm permit has four or more false alarms in a 12- monih period; or

2. Perniit revoked. '

hen an alam permit has been revoked pursuant to Section 9. 06. UOA( four or more

false alarms in a IZ- month period); or

3. Exempt. When an alarm user that is eaempt from this chapter has four or more false alarms in a 12mon[ h period.

B: Verification shall be by real- time audio or video surveillance provided by the alarm system and reviewed by the alarm rystem monitoring company, or by a third- party report from the alarm site sen[ to the alartn system monitorin company, that positively verifies evidence of a crime or an attempted crime at the alarm site.

C. The alarm system monitoring company shall retain evidence of the verificatiod for one year from the alarm and shall provide copies of such evidence to the alarm adminis[ rator upon requesL

D. If an alarm user appeals the requirement for

erified response, pursuant to Section 9. 0622Q the alarm user must

including ( 1) obtaining a valid alarm permit; (?) wmpleting a false alartn awareness class; ( 3) submitting a false- alarm abatement plan for the approval of the alarm administrator, and( 4) demonstrate

compliance

H•ith the provisions of this chapter,

paying any and all false alarm fines and penalties due. 9. 06. 190 Right to discontinue response

The Department reserves the ri ht to discontinue a police response to any alarm site for excessive false alarms —

four or more false alartns in a 12- month period. Eligibiliry for a police response may be reinstated pursuant to Section 9. 06. 180. A.

9. 06. 200 Cancellation of dispatch requests

An alarm system moniroring service shall communicate cancellation of a request for a police response in the manner required by the alarm administrator. Cancellation of a request for a police response to an alarm before a police officer is assigned to the call shall not count as a false alann for the purposes of this chapter. 9. 06210 Annual renewal of alarm permit

Alarm permits must be renewed annually.

A. The renewal application shall be submitted to the alann administrator, accompanied by a nonrefundable renewal application fee.

B. Renewal may be denied for any reason that is grounds for denial or revocation of the user permit, pursuant to Sectio

9. 06. 160 or Section 9. 06. 170.

9. 06. 220 Notices of denial or revocation of alarm permit; fines; verified response required; appeal A.

If the alarm administrator determines that an alarm permit should be denied, or revoked, or a false- alarm fine

imposed on an alarm user, or[ hat a verified response is required, [ he alarm administralor must provide [ he alarm user with

written notice thereof, including the reasons therefore. The notice may be provided by email, facsimile or U. S. mail. B. The alarm user shall have the right to appeal such denial, revocatioq fine or verified response requirement to the

city. Such appeal shall be in writing and shall be delivered to[ he oftice of the city manager i ithin 10 days of the dare of the notice of denial, revocation or fine. The ciry manager or his or her designee, acting as the alarm appeals ofEcer, shall hear and determine the appeal within 60 days after it is received by the city managec The hearing shall be conducted in acwrdance with the provisions of Chap[ er 1. 40, Chula Vista Municipal Code. The de[ ermination of the ciN manager or

58

7- 64

designee shall be final. A fee u set fonh in the Dlazter Fee Schedule shall be imposed by the cin mana er as a condirion to filing any appeal. The fee shall not be ereater than the anticipated cost of processing and conductine the appeal in accordance with the pro isions of Chapter ]. 40, Chula Vista\ lunicipal Coda

.

Article IV. Alarm System Standards.

9. 06. 230. Alarm System- D4aoufacturing standards. A. Alarm systems installed + ithin the cin afrer enactment of this chapter shall be listed with Unden riters` Laboratories, Inc., or a nationally recoenized testing oreanization. B. The alarm adminisvator map Jant an exception to the requiremem in subsection A of this section ahen the alarm administrator determines that the alarm system meets or exceeds the appticable alartn testine standards set bv

Unden riters` Laborarories, Inc. or a nationally recognized testine oreanization. The alarm administrator may require the alarm company or alarm user to submit documentation and certifcarion & om a qualified authorin necessarv to mal: e the esception determination.

C. One-plus duress response alarms are not permitted under any circumstances. 9. 06. 240 Alarm System— Operational standards

A. Audible alazms. No person shall install oruse any alarm system i ith an alarm that is audible Tor a period of more than fikeen( 15) minutes each time the alarm is activated.

B. Automatic alarms. No person shall install or use any alarm system that automaticalh• sends any pre- recorded messase or si nal to the cin, its officers, or employees without the prior written wnsent of the chief of police.

C Differentiation of securiry/robbery alarms. A'o person shall operate a security alarm system in ttee ciry that fails to differentiate securirv/ propem•/intrusion alarm activations from robbery/hold- up/ panic/ duress alartn activations, or that fails to accurately report such activations independenth.

D. Differentiation of other alarms. A'o person shalt operate a securiry alarm system in the ciry that fails to differentiate police incidents ( i. e., securirv/property/ intrusion alarm activations, robbery/ hold-up/ panic/ duress alarm activations) from fire, medical or other non-police incidents, or that fails to accurately report such incidenu independenth. Section 11.

Secerabilih'

If any portion of this Ordinance, or its application to any person or circumstance, is for an} reuon held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdictioq that portion shall be deemed severable, and

such invalidin, unenforceabilin• or unconstitutionaliry shall not affect the validin•or enforceabilin of the remaining ponions of the Ordinance, or its applicarion to anv other person or circumstance. The Cin• Council of the Cin• of Chula V ista hereb}• declares that it would ha e adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that

any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unwnstimtional.

Section 111. Construction

The Cin Council of the Ciry of Chula \' ista intends this Ordinance to supplement, not to duplicate or wntradict, applicable state and federal law and this Ordinance shall be construed in li ht of that inte t. Section I'.

Effecti- e Date

This Ordinance shall tal: e effect and be in force on the thinieth day after iu final passase. Section'.

Publica[ ion

The City Clerk shall cenifi to the passaee and adoption of this Ordinance and shall cause the same to be published _ or posted according to law. 59

7- 65

Presented

By:

David Bejarano

Police Chief

Approved as to form by:

Glen R. Googins

Cit Attorney

60

66

ATTACH\\

T ` B"

greement beri een

Cih of Chu1a Vista and

P i_ 1 Corporation

for Security :11arm illanagement Sen-ices This

a

reement (

A

eement),

dated October 1`,

20li for the purposes of reference onlv,

and effective as of the date last executed unless another date is otherwise specified in Exlubit A ibit A), Para raph 1, is benveen the City- related entit eement ( E ro this A hose name and

business form is indicated on E: hibit A, Paza aph 2; ( City); and the entirv business form place ofbusiness and telephone numbers are indicated on E

hose name;

ibit A, Para

aphs 4

through 6; ( Consultant), and is made vith reference to the following facts: RECiraLs

VI-IEREAS; the City of Ghula Vista Police Department is seekin to increase the amount

of proactive time available to officers on patrol in order to provide hioher quality crime and disorder pre ention; and I-IEREAS;

o- er

93%

of security alarm activations are false

hich consumes valuable

proactive policino tune; and

I-IEREAS; the Chula Vista Police Department worked

ith the securiiv alarm industry

to cra& a modem security alarm ordinance vhich seeks to reduce the number of false securitv alarms: and

W'HEREAS; P 4AVI Corporation provides false alarm management services, which will

aid the Police Department in significantiy reducing the number of false security alazms; and R'HEREAS; Consultant rarrants and represents that it is experienced and staffed in a

manner such that it can deliver the sen ices required of Consultant to City in accordance

ith the

tune frames and the terms and conditions of this Aereement.

Pa e 1 y

Two Parrv A

reement

ForSeturin• A[ arm

Benaeen Cirv of Chu( a

1) anu

tme vSen ices

isrn

a

d P:K-1 lf Carporation V 7_ C7

OBLIGATORY PROVISIONS PAGES

NOW, THEREFORE; for valuable consideration the City and Consultant do hereby mutually agree as follows:

All of the Recitals above are incorporated into this Agreement by this reference. ARTICLE I. CONSULTANT' S OBLIGATIONS A. General

1.

General Duties.

Consultant shall perform all of the services described on Exhibit A,

Parabaph 7 ( General Duties). 2.

Scope

Work

Schedule.

In performing and delivering the General Duties, Consultant shall also perform the services, and deliver to= Gity the " Deliverables" described in E ibit A, Paragraph 8, entitled " Scope of Work and Schedule," according of

and

to, and within the tune frames set forth in E

ibit A, Paragraph 8, time bein

of the

essence of this aereement. The General Duties and the work and Deliverables required in

the Scope of Work and Schedule shall be refened to as the " Defined Services." Failure to

complete the Defined Services by the tunes indicated does not, except at the option of the City, temunate this Agreement. a.

Reductions in Scope of Id ork.

City may independently, or upon request from Consultant, from time to time, reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction.

b.

Additional Services.

In addition to performing the Defined Services, City may

requue Consultant to perform additional consulting services related to the Defined

Services ( Additional Services), and upon doing so ' vi writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a tirne and materials

basis

at

the

rates

set

forth

in

the " Rate

Schedule"

in

E

ibit A.

Paragraph 10, unless a separate fixed fee is otherwise agreed upon. All compensation

for Additional Services shall be paid monthly as billed. 3.

Standard of Caze.

The Consultant expressly warrants that the work to be performed

pursuant to this Agreement, whether Defined Services or Additional Services, shall be

performed in accordance with the standard of care ordinarily exercised by members of the profession currently practicing under similaz conditions and in similar locations.

a. No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complyin with all laws, codes, industry standards, and liability for damages caused by neeligent acts, errors; omissions, noncompliance with industry standards, or fbe willful misconduct of the Consultant or its subcontractors.

PaQe 2 y

Two Partv Agreement Beiween For

Security

Ciry

ofChu( a

Alarm Nanagemert Servires

I ism

ond

PMAM Corporadon

7_

C

U

8

B. 1ppGcatiou of La« s. Should a federal or state law pre- empt a local law; or rewlation, the

Consultant must comply with the federal or state law and implementinQ reaulations. No pro ision of this A

eement requires the Consultant to observe or enforce compliance

ith

any pro ision; perform any other act; or do any other thina in contravention of federal, state, territoriaL or local la r; rewlation, or ordinance. If compliance vith anv provision of this A

eement violates or would requue the Consultant to violate anv law, the Consultant aerees

to notifi City immediately in writine. Shouid this occur; the City and the Consultant agree that thev will make appropriate arraneements to proceed i•ith or, if necessary, amend or terminate this A reement; or portions of it, expeditiously.

1.

Subcontracton. Consultant a ees to take appropriate measures necessary [ o ensure that all participants utilized b}

the Consultant to complete its oblieations under this

A eement; such as subcontractors; comply with all applicable vla s; reeulations, ordinances;

and

policies;

uhether

federal,

state,

or

local;

Project

implementation. In addition, if a subcontractor is expected to fulfill anv responsibilities of the Consultant under this A eement, the Consultant shall ensure that the subcontractor carries out the Consultant' s responsibilities as set forth in this A eement. C.

Insurance

I.

General. Consultant must procure and maintain, durin the period ofperformance ofthis A reement; and for tweh e months after completion, policies of insurance from insurance

companies to protect aeainst clauns for injuries to persons or damages to property that may arise from or in connection « ith the performance of the tirork under this Agreement and the results of that work by the Consultant, his agents; representatives; employees or subcontractors; and provide documentation of same prior to commencement of work. 2.

Minimum Scooe of Insurance. Coveraee must be at least as broad as: a.

CGL. Insurance Serv ices Office Commercial General Liabilitv coveraee ( occurrence Form CG0001). Insurance Sen ices Office Form Number CA 0001 Liability, Code I ( any auto).

b. _ Auto.

c.

W'C.

co erins Automobile V

V'orkers' Compensation insurance as required bv the State of California and

Employer' s Liability Insurance.

d. E& O. Professional Liability or Errors R Omissions Liabilit insurance appropriate to the Consultant' s profession. Architects' and Engineers' covera e is to be endorsed to include contractual liabilit.

3.

Minimum Lunits

of

Insurance.

Consultant

must maintain limits no less than those

included in the table below:

Paee 3 Tw•a Pam•A reemenf Bena een Cin ofChula

ForSmurirv. ilarmdlanagemeuServices

isiu aid P:NA: N Corporauon

69

i. General

Liability: Including

opera[ ions; products and

1, 000, 000 per occurrence for bodily injury, personal injury, including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used; either the general aggregate limit must apply separately to this

completed

Project/ location or the general aggregate limit must be twice the

operations, as

required occurrence limit.

applicable)

ii. Automobile

Liability: iii. Workers'

1; 000, 000 per accident for bodily injury, including death; and property damage. Statutory 1, 000, 000 each accident

Compensation

Employer' s

S1, 000, 000 disease- policy limit

Liability:

51, 000, 000 disease- each em loyee

iv. Professional

1, 000, 000 each occurrence

Liability or Errors Omissions

Liability:

4.

Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must

be declared to and approved by the City. At the option of the City, either the insurer will

reduce or elnninate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Consultant will provide a financial

guazantee

satisfactory to

the City guaranteeing payment of losses

and related

investigations, claim administration, and defense expenses.

5.

Other Insurance Provisions.

The general liability, automobile liability, and where

appropriate, the worker' s compensation policies are to contain, or be endorsed to contain, the followine provisions:

a. Additional basured. City of Chula Vista, its officers, officials, employees, aeents, and volunteers are to be named as additional insured with respect to all policies of

insurance, including those with respect to liability arising out of automobiles owned, leased, hued or borrowed by or on behalf of the Consultant, where applicable; and,

with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including providing materials, parts or eguipment furnished in connection with such work or operations. The general liability additional insured covera e must be provided in the form of an endorsement to the ConsultanYs

insurance using ISO CG 2010 ( 11/ 85) or its equivalent. Specifically, the endorsement must not exclude Products/ Completed Operations coverage.

b. Primary Insurance. The Consultant' s General Liability insurance coverage must be

primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the

Page 4 TwoParfYAereementBetweercCip ofChu(ahismandP:YG1MCorpora[ ion ForSecurin A[ ann NameementServires

7_ 70

Consultant and in no way relieves the Consultant from its responsibility to pro° ide insurance.

c.

Cancellation. The insurance policies required by this A reement shall not be canceled

by either party, except afrer thirty davs' prior written notice to the Citv bv certified mail, rerum receipt requested.

The rords ` Z ill endeavor'' and ` but failure to mail

such notice shall impose no obligation or liability of any kind upon the company, its a ents, or representatives" shall be deleted from all cenificates.

d. Active

egligence.

Coverage shall not extend to any indemnity covera e for the

active negligence of the additional insured in any case where an agreement to indemnify the additional insured „ ould be invalid under Subdivision ( b) of Section 2782 of the Civil Code.

e.

N aiver of Subrogation. Consultant' s insurer will provide a- Waiver of Subroaation in

favor ofthe City for each required policy providing co• erage for the term required by this A2reement.

6. Claims Forms. If General Liability, Poilution and/ or Asbestos Pollution Liability and/ or Errors & Omissions coveraee are written on a clauns- made form:

a

Retro Date.

The ' Retro Date" must be shok'n. and must be before the date of the

Agreement or the beginnine of the «•ork required by the Agreement. b. ? btaintenance and Evidence. Insurance must be maintained and evidence of insurance

must be provided For at least five yeazs afrer completion of the work required by the Aereement.

c.

Cancellaaon. If coveraee is canceled or non-rene ved, and not replaced with another

claims- made policy form

ith a " Retro Date" prior to the effecti e date of the

Aoreement the Consultant must purchase " extended reportine"

covera e for a

minimum of five years after completion of the work requireti by the Aereement.

d. Copies. A copy of the clauns reportine requirements must be submitted to the City for revie«.

7.

Acceptabilit

of Insurers.

Insurance is to be placed with licensed insurers admitted to

transact business in the State of Califomia with a current A.34. Best' s ratine o: no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Elieible Surplus Lines Insurers ( LESLI) vith a current A. M.

Best' s ratino of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. 3.

Verification of Covera e.

Consultant shall furnish the Citv with orieinal certificates and

amendatorv endorsements effectine coveraee required by Section I. C. ofthis

greement.

The endorsements should be on insurance industrv forms, provided those endorsements

Paee V

T

o

Parp• Aereement

Bemeen

Ciry

of Chula Disra

ForSeeurin' Afnrm, tlana¢ ementServires

and

P.LId:N Carporanan

71

or policies

conform to the requirements of this

Aereement.

All

certificates

and

endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required

insurance policies; including endorsements evidencing the coverage required by these specifications.

9.

Subcontractors. Consultant must include all sub- consultants as insured under its policies or furnish separate certificates and endorsements for each sub- consultant. All coverage for sub- consultants is subject to all ofthe requirements included in these specifications.

10. 1Vot a Limitation of Other Oblieations. Insurance provisions under this Article shall not

be construed to limit the ConsultanYs obligations under this Agreement, including Indemnity.

D. Security for Performance 1.

Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for

Consultant to provide a PerFormance Bond ( indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled " Performance Bond"), then Consultant shall provide to the City a performance bond, in the amount indicated at E chibit A, Paraaaph 18, in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of Califomia, listed as approved by the United States Department of Treasury Circular 570,

http:// j w. fms. treas. eov/ c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the Agreement, and which also satisfy the requirements stated in Section 995. 660 of the Code of Civil Procedure, except as provided otherwise

by laws or reeulations. All bonds signed by an agent must be accompanied by a certified copy of such a ent' s authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue .bonds for the limits

so required. Form must be satisfactory to the Risk Manager or City. 2.

Letter of Credit.

In the event that E

ibit A, at Paragraph 18, indicates the need for

Consultant to provide a Letter of Credit ( indicated by a check mark in the pazenthetical space

immediately preceding

the

subparagraph

entitled

"

Letter

of

CrediY');

then

Consultant shall provide to tbe City an irrevocable letter of credit callable by the City at its unfettered discretion by submitting to the bank a letter, signed by the City Manager, statin

that the Consultant is in breach of the terms of this Agreement.

The letter of

credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attomey which amount is indicated in the space adjacent to the term, Letter of Credit," in E

3.

Other Securitv.

ibit A, Paragraph 18.

In the event that E chibit A, at Paragraph 18, indicates the need for

Consultant to provide security other than a Performance Bond or a Letter of Credit indicated by a check mazk in the parenthetical space immediately precedine the subparagraph entitled " Other Securit}'), then Consultant shall provide to the City such

Page 6 TwoPartyA reemertiBeM eenCiryofG ula IQstaandPMAMCorporafiom ForSecuriryAlarmManagementServices

1_

7n

L

other security therein listed in a form and amount satisfactory to the Risk D4anager or Citv Artomev.

E. Business License. Consultant a

othenvise comply« ith Title

ees to obtain a business license from ihe Cirv and to

of the Chula Vista Municipal Code.

ARTICLE II. CITY OBLIGATIONS

A. Consultation and Cooperation. City shall reeularly consult the Consultant for the purpose of re° iewing the progress of the Defined Services and Schedule; and to provide direction and euidance to achieve the objectives of this A eement. The City shall allo Consultant access

to its office facilities; files and records; as deemed necessary and appropriate by the Citv, throu hout the term of this A reement. In addition, City aarees to provide the materials ideniified at Exhibit A, Paza aph 9, with the understanding that delav in the provision of those materials bevond thirty da s afrer authorization to proceed; shall constitute a basis for the justifiable delay in the Consultant' s performance. B.

Compensation.

I.

Followine Receipt of Billine. Upon receipt of a properly prepared bill from Consultant; submitted to the City as indicated in Exhibit A, Para aph 17; but in no event more

frequently than monthly; on the day of the period indicated in E chibit A; ParaQraph 17,

City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set fonh in E ibit A, Paza raph ] 0, adjacent to the eovemina compensation

relationship

indicated bv

a " checkmark"

next to

the appropriate

arraneement; subject to tbe requirements for retention set fonh in Paza

aph 18 of

Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paza

2.

aph 11.

Su portine Information. Any billine submitted by Consultant shall contain sufficient information as to the propriety of the billine, including properly executed payrolls; tmme records, invoices; contracts, or vouchers describing in detail the nature of the chazees to the Project in order to permit the Cit

to evaluate that the amount due and payable is

proper, and such billin shall specifically contain fhe Cin' s account number indicated on E ibit A, Para aph 17( C) to be chareed upon making such payment. 3.

Exclusions. In determinin ihe amount ofthe compensation Citv

ill exclude any cost:

1) incurred prior to the effective date ofthis Agreement; or 2) arisine out ofor related to the errors, omissions, neelioence or acts of willful misconduct of the Consultant, ics agents; employees; or subcontractors.

a.

Errors and Omissions.

In the event that the Citv Administrator determines that

the Consultanrs ne ligence; errors; or omissions in the performance of work

under this A2reement has resulted in espense to Citv greater than would have resulted if there

vere no such neelieence, errors. omissions. Consultant shall

reimburse City for any additional expenses incurred by the City. Nothina in this PaQz % v

Two PartvA¢ reement Bet+ een Cire of Lhu( a Lina

For Securin A[a m. yanaeemeu Sen ires

and

P,tfd,t/ Carporauon

7- 73

para raph is intended to limit City's rights under other provisions of this Agreement.

4.

Pavment Not Final

Ap

oval. The Consultant understands and agrees that payment to the

r

Consultant for any Project cost does not constitute a City final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a

waiver of any violation of Consultant of the terms of the A

eement.

The Consultant

acknowledges that City will not make a fmal deternunation about the eligibility of any cost until the fina] payment has been made on the Project or the results of an audit of the

by the City has been completed, whichever occurs latest. If City determines that tbe Consultant is not entitled to receive any portion of the compensation Project

requested

due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant agrees that Project closeout will not alter the ConsultanYs responsibility to return any funds due City as a result of] ater refunds, corrections, or other similar transactions; nor will Project closeout alter the right of City to disallow costs andxecover funds provided for the Project on the basis of a later audit or other review.

a. Consultant' s Obligation to Pay. Upon notification to the Consultant that specific amounts are owed to City, whether for excess payments or disallowed costs, the Consultant agrees to remit to City promptly the amounts owed, including applicable interest.

ARTICLE III. ETHICS A. Financial Interests of Consultant

1.

Consultant is Desionated as an FPPC Filer.

If Consultant is designated on Exhibit A,

Paravraph 14, as an " FPPC filer," Consultant is deemed to be a " ConsultanY' for the purposes of the Political Reform Act conflict of interest and disclosnre provisions, and

shall report economic interests to the City Clerk on the required Statement of Ewnomic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if

none are specified, then as determined by the City Attorney. 2.

No Participation in Decision. Regardless of whether Consultant is designated as an FPPC

Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant' s position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation

promised by this Agreement. 3.

Search to Determine Economic Interests. Regazdless of whether Consultant is designated

as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant' s economic interests, as the term is used in the regulations promuleated by the Fair Political Practices Commission; and has determined that Consultant does not, to the best of Consultant' s knowledge, have an economic interest which would wnflict with Consultant's duties under this Aereement.

Paee 8 Two Parry Aereem ent Benoeen Cip of Chu(a Vsla and PMA:N Corparadon For SecuriR• Alasm Management Services

7- 74

4.

Promise \

to

ot

Acquire Conflictine Interests.

ReQardless of whether Consultant is

desi nated as an FPPC Filer; Consultant further warrants and represents that Consultant vill not acquire, obtain; or assume an economic interest durine the term of this

A

eement

hich uould constitute a conflict of interest as prohibited bv-the Fair Political

Practices Act.

Dutv to Advise of Conflictin2 Interests. Re ardless of« hether Consultant is designated an

as

FPPC Filer; Consultant

further

arrants and represents that Consultant will

immediately advise the Citv Attomey if Consultant leams of an economic interest of Consultant' s that may result in a conflict of interest for the purpose of the Fair Political Practices Act; and regulations promulgated thereunder.

6.

Snecific Warranties Aoainst Economic Interests. a

Consultant

arrants; represents and

ees that:

a. \

Teither Consultant, nor Consultant's immediate famih• members; nor Consultant' s employees or a ents ( Consultant Associates) presently ha e any interest, duectly or induecth, vhatsoever in any property« hich ma be the subject matter of the Defined

Services, or in any property within 2 radial miles from the exterior boundaries of any property n hich may be the subject matter of the Defined Services; ( Prohibited Interest), other than as listed in Extubit A, Pazagraph 14.

b.

No

promise

of

future

employment;

remuneration,

consideration,

aruity or other

re vard or eain has been made to Consultant or Consultant Associates in connection

vith Consultant' s performance of this Aoreement. Consultant promises to advise City of any such promise that may be made during the Term of this A reement, or for rivel e months thereafter.

c.

Consultant Associates shall not acquire any such Prohibited Interest „ ithin the Term of this Agreement, or for rivelve months after the expiration of this Aereement;

except « ith the written pemvssion of Citv.

d.

Consultant may not conduct or solicit any business for any party to this A reement; or for any third party that may be in conflict «-iih Consultant's responsibilities under this Aereement; except

ith the n•ritten pernussion of Citv.

IV. LIQUIDATED D.IMAGES A. :lpplication of Section. The provisions of this section apply if a Liquidated Damaees Rate

is provided in E

1.

ubit A, Para raph 13.

Estimatine Damases. It is acknowledaed b both panies tha[ time is of the essence in the completion of this Aereement. It is difficult to estimate the amount of damages resultine

from delav in performance. The parties ha e used theu judement to arrive at a reasonable amount to compensate for delav.

Paee 9 v

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reement

Ben.•een Cin•ofChu(a Vism

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artd

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7c

J

2.

Amount of Penaltv. Failure to complete the Defined Services within the allotted time

period specified in this Agreement shall result in the follow ing penalty: For each consecutive calendar day in excess of the time specified for the completion of the

respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 ( Liquidated Damages Rate).

3. Request for Extension of Tune. If the performance of any act required of Consultant is directly prevented or delayed by reason of strikes, lockouts, labor disputes; unusual govemmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other

causes beyond the reasonable control of the Consultant, as determined by the City, Consultant shall be excused from perforniing that act for the period oFtune equal to the period oftime of the prevention or delay. In the event Consultant claims the existence of such a delay; the Consultant shall notify the City's Contract Administrator, or designee, in writing of that fact within ten calendar days after the beguu:ing of any such claimed delay. Extensions of time will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. ARTICLE V. INDEMNIFICATION

A. Defense, Indemnity, and Hold Harmless. 1.

General Requirement.

Except for liability for Design Professional Services covered

under Article V., Section A.2., Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, agents and employees, from and

against any and all claims, demands, causes of action, costs, expenses, liability, loss,

damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence; or willful

misconduct

of Consultant,

its ofFicials,

officers,

employees,

agents,

and

contractors, arising out of or in connection with the performance of the Defined Services

or this Agreement.

This indemnity provision does not include any .claims, dama es,

liability, costs and expenses ( induding without limitations, attorneys fees) arisin from the sole negligence, active negligence or willful misconduct of the City, its officers,

employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent

acts or omissions ofthe Consultant, its employees, agents or officers, or any third party. 2.

Desien Professional Services.

If Consultant provides design professional services, as

defined by California Civil Code section 2782. 5, as inay be amended from tune to tune,

Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and a ents free and harmless from any and all claims, demands, causes of

action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or

persons; including wroneful death, in any manner arising out of, pertaining to, or relating to the nealige ce, recklessness; or willful misconduct of Consultant, its officials, officers,

employees, agents; consultants, and contractors arising out of or in connection with the Pa e 10 y

Two For

Parry Agrecment

Securip

Ben.•een

Ciry

of Chula I ism

A[ ann: Nanagement Servires

and

PMA N Corporatiou

76

performance of Consultant` s services. Consultanrs duty to defend; indemnifi, and hoid harmless shall not include any claims or liabilities arising from the sole ne liaence; active neelieence or villful misconduct of the Citv, its a ents; officers or emplovees. This

section in no u ay alters; affects or modifies the Consultanrs oblioations and duties under this A

3.

eement.

Costs of Defense and Award. Induded in the oblieations in Sections A. 1 and 9.2, above; is the Consultant' s obligation to defend; at Consultant' s own cost, expense and risk, ane

and all suits; actions or other leeal proceedines; that may be brouaht or instituted aeainst the Cit, its duectors; officials; officers employees; aQents and/ or volunteers; subject to

the limitations in Sections A1. and A.2. Consultant shall pay and satisfy any judement, award or decree that may be rendered aeainst City or its directors; officials, officers; employees; a ents and/ or volunteers, for an

and all related leeal expenses and costs

incurred by each ofthem subject to the lunitations in Sections A. 1. and A.2. 4.

Insurance Proceeds.

Consultant` s obligation to indemnify shall not be restricted to insurance proceeds, if any, recei ed by the City. its directors; officials; officers, employees; aeents; and/ or volunteers.

Declarations. Consultant' s obligations under Article V shall not be limited bv any prior or subsequent declaration by the Consultant.

6. Enforcement Costs. Consultant agrees to pay any and all costs Cit incurs enforcine the indemnity and defense provisions set forth in Article V. 7.

Survival. Consultant' s obligations under Artide V shall survive the ternunation of this A

eement.

ARTICLE VI. TERiVIIi' ATIO\' OF AGREE

tiT

-

A. Termination for Cause. If, throueh any cause, Consultant shall fail to fulfill in a tunely and proper manner Consultant' s obliaations under this Aereement; or if Consultant shall violate

any of the covenants; a reements or stipulations of ttus A reement, City shall ha e the ri ht to temiinate this A eement by givine written notice to Consultant of such tennination and specifyin2 the effective

date

thereof at

least five ()

da s before the effective date of such

temunation. In that event; all finished or unfinished documents; data; studies; surveys;

drawinss; maps, reports and other materials prepazed by Consultant sha1L at the option of the City; become the property of the City, and Consultant shall be entitled to receive just and equitable compensation; in an amount not to esceed that payable under this A?reement and

less any dama es caused Citv bv Consultant's breach for any work satisfactorily completed on such documents and other materials up to the effective date of\ otice of Terniuiation.. B. Termination of Aareement for Convenience of Cih. City may temunate this Aereement at any tune and for any reason, by iving specific - ritten notice to Consultant of such tercnination and specifying the effective date thereoE at least thiny ( 30) da s before the effectice date of such termination. In that event, all finished and unfinished documents and

Pa e 11 v

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eemenr

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Ciry

ofChuln

ForSecuriryAlarm{ lanagemtntServites

Yisa

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7_ 77

other materials described hereinabove shall, at the option ofthe City, become City's sole and exclusive property. If the 9greement is ternunated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation, in an amount not to

exceed tfiat payable under this Agreement, for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all daims for damages or compensation arisin under this Agreement except as set forth in this section.

Consultant retains all ri ht 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 PMAM. The proprietary software is considered loaned to the City dur-ing the duration of this agreement as laid out in this contract and the City will not have any access to PNfAM' s proprietary sofrware after the conclusion of the contract. ARTICLE VII. RECORD RETENTION AND ACCESS A. Record Retention.

During the course of the Project and for three ( 3) yeazs following

completion, the Consultant agrees to maintain, intact and readily accessible, all data,

documents, reports, records, contracts, and supportmg materials relating to the Project as City may require.

B. Access to Records of Consultant and Subcontractors.

The Consultant agrees to pemut,

and require its subcontractors to pernut City or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books,

records, and accounts of the Contractor and its subcontractors pertaining to the Project.

C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement.

ARTICLE VIIL PROJECT COMPLETION, AUDIT, AND CLOSEOUT

A. Project Completion.

Within ninety ( 90) calendar days following Project completion or

termination by City, Consultant agrees to submit a final certification of Project expenses and audit reports, as applicable.

B. Audit of Consultants.

Consultant agrees to perform financial and compliance audits the

City may require. The Consultant also agrees to obtain any other audits required by City. Consultant agrees that Project closeout will not alfer Consultant's audit responsibilities. Audit costs are allowable Project costs.

C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has closed the Project, and either forwards the final payment or acknowledges that the Consultant

Pase 12 V

Two For

Parry. 4greemen( Belween Ciry ofChula Security Alarm, blaimeemen Servires

Yista

and

PMAiNCorporation

7

has remitted the proper refund. The Consultant a invalidate

anv

ees that Project closeout bv Cit} does not

requirements imposed by the A eement or anv unmet

continuin

requirements set forth in a wri2ten notification from City ARTICLE I. ? IISCELL4\ TEOUS PROVISIO\ TS

A. Assignabilih-. The services of Consultant aze personal to the Cirv, and Consultant shail not

assian anv interest in this A eement, and shall not transfer anv interest in the same ( u hether bv assignment or notation), rithout prior written consent ofCity. 1.

Limited Consent. City hereby consents to the assignment of the ponions of the Defined Services identified in E

chibit

?.,

Paza

aph 16 to the sub- consultants identified as

Permitted Sub- consultants." B.

O« nership,

Reproduction

PubGcation,

and

tise

of

faterial.-

All reports, studies;

information; data; statistics, forms, desi2ns, plans, procedures, systems and an

other

materials or properties produced under this Aereement shall be the sole and exclusive

property of Citv. No such materials or properties produced in whole or in part under this

A eement shall be subject to prnate use; copyrights or patent ri2hts by Consultant in the linited States or in any other country without the ezpress vritten consent oF City. City shall ha e unrestricted authority to publish, disclose ( except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use; cop} ight or patent, in whole or in part, any such reports; studies; data statistics; forms or other materials or properties produced under this Aereement.

C. Independent Contractor. City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of

performing the services required under this A

eement.

City maintains the risht only to

reject or accept Consultant' s rork products. Consultant and any of the Consultant' s aeents, employees or representatives aze, for all purposes under this Agreement, independent contractors

and

shall

not

be deemed to be

employees of

Cit,

and none. of them shall be

entitled to any benefits to which City emplovees are entitled includin but not limited to; overtune, retirement benefits; worker's compensation benefits, injury leave or other leave benefits. Therefore; City ill not • ithhold state or federal income tax social securit tax or any other pa} roll tax, and Consultant sball be solely responsible for the payment of same and shall hold the Citv harmless

1.

ith reeazd to them

Actions on Behalf of Citv. Except as City mat specify in mritins; Consultant sha11 ha e no authority, express or implied; to act on behalf of City in any capacity whatsoever, as an aQent or othenvise. Consultant shall have no authority, express or unplied; to bind City or its members, aeents, or employees, to anv obliaation vhatsoever, unless expresslv provided in this Aereement. o Obli ations to Third Parties.

2. \

In connection witb the Project; Consultant a

shall require that its agents; employees, subcontractors a

responsible for an

ee that Cih

ees and

shall not be

obligations or liabilities to anv third party, including its agents; Paee 13 v

Beneeen Cu}• of Chula P sra ForSecurirv. 9larmAlana emenr5ervices

Two pam• A

reem enr

and

PKi:N Carporadan

7_ 79

employees, subcontractors, or other person or entity that is not a party to this Agreement.

Notwithstanding that City may bave concurred in or approved any solicitation; subagreement; or third party contract at any tier, City shall have no obligation or liability fo any person or entity not a party to this Agreement. D. Administrative Claims Requirements and Procedures.

No suit or arbitration shall be

brought arisin out of this Agreement; against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1. 34 of the Chula Vista Municipal Code, as same may from tnne to tune be

amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. E.

Administration

of

Contract.

Each

party

designates

the=

individuals

( Contract

Administrators) indicated on Exhibit A, Paragraph 12, as that party's contract administrator who is authorized by the party to represent it in the routine administration ofthis Agreement.

F. Term. This Aereement shall terminate when the parties have complied with all executory provisions hereof.

G. Attomey' s Fees. Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an

amount equal to reasonable attomeys' fees and court costs ir curred. The " prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. H. Statement

of

Costs.

In the event that Consultant prepares a report or document, or

participates in the preparation of a report or document in performing the Defined Services, Consultant shall include; or cause the inclusion of, in the report or document, a statement of

the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document.

I.

Consultant is Real Estate Broker and/ or Salesman. If the box on Exhibit A, Paragraph 1 is marked, the Consultant and/or is principals is/ are licensed with the State of California or some other state as a real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor its principals are licensed real estate brokers or salespersons.

J.

Notices. All notices; demands or requests provided for or pernutted to be given pursuant to

this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States maiL addressed to such party, postage prepaid, registered or certified, with retum receipt requested, at the addresses identified in fhis Agreement as the places of business for each of the designated parties.

K. Infegratioa This Agreement, together wifh any other written document referred to or contemplated in it, embody the entire Agreement and understanding between the parties PaQe 14 v

Two For

Party Agreement Benveers City ofChula Security A[ arrrc: Nana ement Sernires

I

sm and

PMAMCorporanorc

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p

O

O

relatins to tbe subject matter hereo£ Neither this A eement nor any provision of it ma be amended; modified; waived or discharsed except by an instrument in writins executed bv the pariy a

ainst '

hich

enforcement oFsuch amendment,

ai er or dischazge is soueht.

L. Capacih of Parties. Each sienatory and party to this A eement warrants and represents to the other party that it has leeal authority and capacity and direction from its principal to enter into this Aereement; and that all necessarv resolutions or other actions have been taken so as to enable it to enter into this A

eement.

M. Governing La c/ V' enue. This Aareement shall be eoverned bv and construed in accordance with the la« s of the State of California. An action arisine under or relatine to this A reement shall be brought only in the federal or state courts located in San DieQo Counrv, State of California; and if applicable; the Citv of Chula Vista, or as close thereto as possible.

Venue for this Agreement; and performance under it shall be the City of Chula Vista. End

of page. \'

est page is signature page.)

PaQe 1 V

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Bmreen Cin

aJChula

ForSecuritv. 4farm MartagemeiuServices

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Signature Page to

Agreement between

City of C6ule Vista and PMAM Corporation for False Alarm Management Services

IN WIT'NESS WHEREOF, City and Consultant have executed this Agreement,

indicating that they have read and understood same, and indicate their full and comp}ete consent to its terms:

Dated:

Ciry of Chula Vista

By: cnQ yi c. cox Mayor Attest:

Donna Noms, Ciry Clerk

Approved as to form:

Glen FL. Googins, City Attorney Dated:

PMAM Corporation

By: ` Pankaj Kumar Chief Eaecutive Officer

Dated: '

I

t3

r—

E

chibit

List to Agreement ( X)

Exhibit A.

ExhibiT B " PMAM Response to RFP# POS — 12/ 13 Page 16 Tvo Portv Apre men+ Berwem CiN ojClurlc V'aYU¢ nd PMAM Coryoruriop

7—

2

Ethibit a to

greement behreen

Ciri of Chula V'ista aod

PDfa 1 Corporation

1.

Effecti e Date ofA eement: Same as date last e ecuted by parties.

2.

Citv- Related Entitv:

X) City of Chula V"ista, a municipal chartered corporation of the State of Califomia 3.

Place of Business for Citv: Cit

of Chula Vista Police Department

31

Fourth Avenue

Chula Vista. CA 91910

4.

Consultant: PM.

5.

4 Corporation

Business Form of Consultant:

Sole Proprietorship Partnership X) Corporation

6.

Place of Business; Telephone and Fax\ 10

umber of Consultant:

Decker Court. Suite 67

IrvinQ. TX 7 062 Phone— 972- 831- 7401

F.4X— 972-

7.

73- 134

General Duties:

Consultant ill provide pro am mana ement duties for the City' s Securit Alarm Ordinance pro am Duties will include ( oenerally): Tracking false alarm data from City database; provide hiah quality customer service ro. securirv alarm permit holders,

notifying alarm users of false alanns and collect correspondine fine amounts; coordinate and collect security alarm permit fees; provide educational resources for security alarm permit holders; provide various reports to City staff for pro am mana ement; provide a complete and secure veb portal for citizens and businesses who have security alarms to obtain and renew security alarm permits; to pay fees; to pay false securit alarm fines; and to view information reQazdine their specific security alarm; and other duties as mutually a

eed upon.

Pase 17 TwoPartyA

reemenrBenceenCirvofChu( a DisruandP.tf.i.LfCorporadon

For Securim Alarm: ifanaoemem Servires

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8.

Scope of Work and Schedule: A. Detailed Scope of Work:

1) Consultants response to City of Chula Vista RFP# P08- 12/ 13 shall act as consultants promise to deliver services as outlined in RFP# P08- 12/ 13. A copy of consultant' s response to RFPrP08- 12/ 13 is attached for reference ( E

ibit " B").

2) Consultant to provide false alarrn management softwaze which will allow the City to track securiry alarm pernuts ( including all pertinent user data e. g. Name, address, unique permit number, pernvt issue date, pernut expiration date, etc) as well as track the number

of false security alarm activations, outstanding billing/ fine collection information, and other financial data for normal audit procedures. Download Chula Vista' s false alarm incident data from the established FTP site and integrate into FAMS. Upload FAMS data

on a daily basis to the FTP site to be integrated into Chula Vista' s CAD system

3) Consultant to provide secure website portal which will appear to be part of the City of Chula Vista' s website with City header and general color scheme. Website shall employ all normal online payment security protocols as detailed by the Payment Card Industry

Security Standards Council in order to collect online payments for security alann pernrits and/ or false security alann fines. Consultant will also offer customers the ability to pay via normal US mail, and shall provide a secure PO Box to which customers can mail their payments.

4) Consultant shall maintain current billing and collection information for all security alarm permit holders and data should be available to authorized City employees for inspection and coordination. Data shall be exportable in standard Microsoft Office Excel or Access formats.

5) Consultant shall perform prunary level collections efforts to those pernut holders who

aze in late payment status. Primary level collections shall consist of intelligent reporting, call center systems integration and predictive dialer, as well as proactive and reactive skip tracing, as stated in the PMAM Request for Proposal Response. Once prnnary level collections efforts have been exhausted, consultant shall work with the City of Chula Vista Finance Department and credit agencies to meet any reporting requirements:

6) Consultant shall provide quality customer service and shall act as the prunary contact for all matters regarding security alarm permits and false security alarm billing. Any complaints that cannot be resolved by the consultant should be forwarded to the following contact for further follow- up: Barbara Brookover, Police Support Services Manager.

7)

Consultant shall provide an educational component to website which instructs pernut

holders to best practices for reducin,,v/ eliminating false alarms. Consultant shall also offer

first offender forgiveness training which incorporates best- practices on reducing false Page 18 Troo Party Agreement Between Ciry of Chula Dism m d PoNAM Cnrporotion For Securirv Alarm hlanagemen Services

7- 84

security alarms and consultant shall test the customers understanding of the training

material and retain the results for inspection by the Cit.

8) Consultant shall administer security alann program in accordance to City of Chula Vista Municipal Code 9. 06; Security Alarms. ,. nv deviation from the Municipal Code must be authorized by the City of Chula Vista. 9) Consultant shall provide coordination for appeals process.

10) Consultant shall cooperativelv and proactively work with City staffon administration of Securitv Alarm proeram. The City i ill provide P\, A14 with a main point of contact for the dav-to- day operational issues for the pro am.

B. Date for Commencement of Consultant Services: X) Same as Effective Date of Agreement

C. Daies or Time Limits for Deliverv of Deliverables:

Deliverables

ProjectDlilestones

Res

onsibilin•

Timeline

I week from Contract Si

date and lst teleconference Formac for Authorizarion Letters

1

PA4PuYI

wich[ he Citv 1 week from Coovact Si

Creation 2

of

Standard Operanne Procedures( SOP)

share with the

date and 1 st teleconference

and

Cirv

PT1Pu 1

u7th the Cirv I week from Contract Sien date and ist teleconfereoce

3

Sharine

roffam re

of all

uiremeots with the

Cirv

PivIAi14

with the Cirv

Cirv of Chula 4

Authorizatian letters

ista. CA

sieu off

Cirv of Chula SOP Sim

ista. C. A

off

Facilitadne

all progam requuemeots as

6

in SOP

i

Verbiaee for Invoices

or

durine[

discussed

or

listed

City of Chula Vista. CA

eleconferences

1 week from the completion Approval for

verbiaee

8

coaespondence

9

Cicizrn

10

FAD1S

P ir11 4

and correspondence creauon

for invoices

of Deliverable 4,

and 6

Ci[y of Chula

and other

Vista, CA 2 weeks from the

websice

Go Live

PMA:\1

com lenon of Deliverable S

PD24VI

completion of Deliverable 8

4- 5 weeks from the rogam

implementation GO LIVE

D. Date for completion of all Consultant services: expiration date of contract. This contract

is for one veaz; cvith the option of estendina up to three additional one vear contracts on murual ageement.

9.

Materials Requued

to

be Supplied

by City

to

Consultant: \'

one.

Paae 19 v

Two Pnm• Ag

eement

Bm.' een Cin of Chula D

For Seturin Abrm, Lfana¢

em ent

Sersites

a aid

P:N,9: tf Corporanon

85

10. Compensation:

Consultant shall provide the following pricing structure:

The_following pricing structure is based on the current ordinance. Revenue split with the City of Chula Vista according to the following revenue ( total pernut fees, false alarm fines, and penalties) amounts:

Total Revenue Collected

City

Percenta

e

PMAM Percenta e

Total permit fees, False Alarm fines,

and

fees-

15`

85%

15%

82%

1• 8%

5200. 000 Total permit fees, False Alarm

fines,

and

fees- above

5200, 000

The City of Chula Vista and PMAM shall shaze the revenue generated from fees, fines, and

penalties as described above; with the exception of postage, to be paid by the City The above fee structure shal] be set in the beginning ofthe program and shall continue for 12 months. Thereafter, it will again be set to zero dollars for the next 12 months.

A dedicated bank account shall be opened for all deposits for the alarm fee for the City. PMAM shall pay for all bank charges that are incuned on this account. Alternate Pricing

The Alternate Pricing is based on the City adopting their proposed alarm ordinance. Revenue split with the City of Chula Vista according to the following revenue ( total permit fees, false alarm fines; and penalties) amounts: 5' • •

i

a •-.

I. . .

i . . ..

Total permit fees, False

Security

Alarm fines,

and

fees

87%

13%

fees

84%

16%

First $ 200, 000

Total permit fees; False

Security

Alarm fines,

and

Above $ 200, 000

The City of Chula Vista and PMAM shall share the revenue generated from fees, fines and

penalties as described above, with the exception of postage, which is to be paid by the City. The above fee structure shall be set in the beginning ofthe program and shall continue for 12 months. Thereafter, it will a2ain be set to zero dollars for the next 12 months.

Pa e 20 TwoParry A reemenlBetweexCiryofChula For Security A[ arm h/ana ement Services

s[aandPMAMCorporafiorc

7—

6

A dedicated bank account shall be opened for all deposits for the securit

alarm

fees/ penalties for the Citv. PAtiq q shall pay all banl: charaes that are incurred on this account. 11. Materials Reimbursement Arraneement

For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required; City shall pay Consultant at the rates or amounts set forth belo v: Y) None, the compensation includes all costs. 12. Contract Administrators: Cit:

Bazbara Brookover619) 691 128

Police Support Services Manager

Email- bbrooko er@chulavistapd. ore Consultant:

Reyna Saleado - Alarm Administrator, Public Safety Operations 972573- 4832 Re nar@pmam. com

Prabhjit Singh-

Analyst

972) 573- 2743

Email - Prabhjits(cDomam. com 13. Liquidated Damages Rate: 1V/ A

S

per day.

Other:

14. Statement of Economic Interests, Consultant Reportina CateQories; per Conflict of Interest Code ( Chula V"ista Vtunicipal Code chapter 2. 02): X)

02 Applicable. Not an FPPC Filer.

FPPC Filer

O Category No. l. Investments; sources of income and business interests. O Cate ory No. 2. Interests in real propertv. O CateQorv No. 3. Imestments, business positions, interests in real property, and sources of income subject to the reQulaton-, permit or licensing authority of the depanment administerine this Agreement.

O Categorv No. 4. In estments and business positions in business entities and sources of income that enea e in land development, construction or the acquisition or sale of real property.

Paee 21 y

Tw

o

PamA

reement

Between

Ciq• of Chula

ForSecu in Alarm nfana emeuServices

Distu

and

P:lj,1lf Corpo

ation

7—

7

O Category No. . Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the City of Chula Vista or the City' s Redevelopment Agency to provide services, supplies, materials, machinery or equipment.

O Category No. 6. Investments and business positions in business entities and sources of income that,

within

the past two

years,

have

contracted

with the

department

administering this Agreement to provide services, supplies, materials, machinery or equipment.

O List Consultant Associates interests in real property within 2 radial miles of Project Propedy, if any: 15. O Consultant is Real Estate Broker and/or Salesman 16. Permitted Sub- consultants: None without consent of City of Chula Vista Police Department 17.

Bill Processing:

A. Consultant' s Billine to be submitted for the following period oftime: X) Monthly

B. Day of the Period for submission of Consultant' s Billing: First ofthe Month

O 15th Day of each Month X) End of the Month

X) Other: Consultant to deposit City' s shaze of revenues into mutually agreed upon bank account

C. City' s Account Number: City will provide consultant with appropriate account numbers. 18. Security for Performance Performance Bond, S Letter of Credit, $

Other Security: Type:

Amount: $

O Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following " Retention Percentage" or " Retention AmounY' until the City deternunes that the Retention Release Event, listed below, has occurred:

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Tableof Contents...........................................................................................................

TransmittaiLetter........................................................................................................... v

Statementof Interest...................................................................................................vii

Confidentiality Agreement...................................................................

vui

Pointof Contact...........................................................................................................

viii

1

Executive

Summary ................................................................................................ 9 Philasophy................................................................................................. 9 Top of Mind................................................................. 9

1. 1

The PMAM

i2

PMAM Keeps Police Agendes

1.3

Comprehensive, Measureable Design to Show Resutts .............................................

L4

PMAM

L5

100% Cloud- based System.........................................................................................

Technology

and E

L6State of the aR Call Cer L7Advar

1. 9

PMAM

2

2 3 4

tion........................................................................................................... 6

Comparry irrfortnatlon...................................................................................... 8 and

Technical Requirements......................................... 8

Experience & Qualifications..............................:.................................:................. 10 2. 1

10 Generallnformation..................................................................................................

2. 2

Project Personnel, Roles

and

Responsibtlities.........................................::............... 11

Proposed Staff Resumes........................................................................................ 13

2. 2. 1 2. 2. 2

18 Financial Strength............................................:......................................................

2. 2. 3

COmparable WOrk - FAMS Success Stories.........................................................18

2.3

3

rs........................................................................................

Abiiity tn Meet Funcdonal

L10

2

ertise................................................................................

ges of FAMS...................................................................................................

i8Implemer

2

References................................................................................................................

Scope

of Work.......................................................................................................

20

22

3. 1

False Alartn ManagemeM Solutlon OveMew ........................................................... 23

3. 2

FAMS Architecture..................................................................................................... 23

3. 3

CAD System Integratlon ............................................................................................ 24

3. 4

PertnftUng..................................................................................................................

27

3. 5

New PertniLS..............................................................................................................

27

3. 6

Effective ORDINANCE Compiiance............................................................................ 27

3. 7

Pertnit Renewal......................................................................................................... Updated

28

Renewal Payment Information..........................29

Permitting Permitting Processes............................................................................ 29

3. 7. 1

Continually

3. 7. 2

Additional

PRt. 4,Yi

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Billing for False

3. 9

Collectlons.................................................................................................................

29 31

3. 9. 1

MeetingCollectionGoals......................................................................................... 32

3. 9. 2

Collections through

Skip Tracing........................................................................... 32

3. 10

Citlzen Self-Service Web Portsl.............................................................................. 33

3. 11

False Alarm Reduction Efforts...............................................................................

36

3. 11. 1

Repetitive False Alarm Violators Identifcation ................................................. 37

3. 11. 2

Educational CD.........................................................................................:..........

3. 11. 3

Proprietary

3. 11. 4

Predictive Phone Dialer Customized

3. 11. 5

Online False Alarm

3. 11. 6

GIS

37

Email Engine .................................................................................... 37

By PMAM' s Techonology........................ 39 Academy.............................................................................. 39

Module........................................................................................... 39

Mapping

and Appeals SupportApproach..................................................... 40

3. 12

FAMS

3. 13

Alarm

3. 14

Reporting............................................................................................................... 43

Hearing Security Companfes Self-Service Web

Dashboards

3. 14. 1

4

Alarm Fees.......................................................................................

3. 8

and

Portal................:.............................

Analytics Reports....................................................................

40

43

3. 15

Customer Service Center....................................................................................... 44

3. 16

Citizen Service RepreserrtaUve Team..................................................................:.

3. 17

Customer Service Systems.................................................................................... 45

3. 18

Utllizing

3. 19

FAMS EYES ............................................................................................................

46

3. 20

Customer Service Call CerKer..............................................••••..............................

47

3. 21

Customer Service Represerrtatives Team ............................................................. 49

3. 22

Customer Represerrtstive Service

FAMS to Create

a

Superior Customer E

erience....................................

44

46

Philasophy....................................................... 51

Remittance CeMer.................................................................................. 52

3.23

Billing&

3. 24

Mail Cerrter Operations.......................................................................................... 53

3. 25

Lock Box and Accounls Reconciiiation.................................................................. 53

3. 26

Secured Payment

3. 27

Cliertt Program Management Capabillties............................................................. 55

328

Business E

3. 29

R Processes...........................................................................................................

Processing Gateway................................................................. 54

aency

Processes Unique to PMAM...................................................

55

55

3. 29. 1

Environment........................................................................................... 55

Hosting

3. 29. 2

TechnicalSupportTeam..................................................................................... 59

3. 29. 3

PMAM' s CMMi Level 3 Certification...................................................................59

3. 29. 4

Change Management......................................................................................... 60

3. 30

CertificaUons and Recogni ons............................................................................. 63

3. 31

Pubiic Relations..................................................................................................... 64

Pricing......................................................................:............................................

69

4. 1

Our Pricing Approach................................................................................................. 71

4. 2

ContractStatemertls....................................................................•••.......................... 72

MPendu A Disclosure Statement............................................................................. 73 PPendix

B. Candidate' s Certification Form ...............................................................

75

MPendiu C. financial strength ....................................................................................76

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August Sth, 2013

City of Chula Visia Police Department 276 Fourth Ave. Chula Vista, CA 91910

RFP# POS- 12/ 13

Subject: Transmittal letter presenting the response for the City of Chula Vista' s RFP# P08- 12/ 13 for

,

False Alarm Management Services

PMAM Corporation is pleased to present this proposal for providing a complete turnkey solution for the

City of Chula Visia for False Alarm Management Services, according to the plans and specifications detailed in RFP# POS- 12/ 13, issued by the City of Chula Vista.

Cities that use FAMS consistently increase revenues, reduce false alarms, and lower administretion costs. Our results are significant and measurable, as we believe in analyzing detailed metrics in every

step in the process, and throughout the lifetime of the contrect. Wlth this analysis, we continualiy compare and improve upon our baseline metrics.

We excel in the false alarm managed services industry. Our reputation and results have earned us the opportunity to serve clients across the U. S., which makes PMAM the largest managed service provider in the nation.

Our primary objectives are to: 1) Reduce the number of false alarms

2) Leverage the most advanced technology and processes to increase compliance and maximize revenue

3) Achieve the first two objectives while providing exceptional services to the citizens, businesses, and city officials and administering theses services in the most cost-effective manner. As preferred in Section II ofthe RFP# P08- 12/ 13, FAMS is a 100% web-based system.

Our system is fully transparent, so all PMAM employees, and city offcials have access to over 100 . reporta( real- time and live data) as long as they are connected to the web. With live, real-time data, city officials and PMAM employees have neariy unlimited options for data

analysis. Our web-based system empowers users, and cities are not restricted to only a handful of standard" reports.

Another advantage of having a web-based system like FAMS is updates, such as new functionalities and features to our core product, are instantaneous and seamless.

It costs cities hundreds of thousands of dollars to respond to false alarms annually. We have tailored

everything in our approach, from our technology to our service processes, to reduce future false

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alarms. PMAM Corpora: ion has a track record of securing such results since the beginning of the FAMS o fering in 2002/ 2003. PMM1 is a private owned company certified as a Disadvantaged Business Eni=rprise by the NCTRC. It is both a minority and womanowned enterprise, incorporated in the State of Te

s.

By partnering with PM.4M, the City of Chula Vista stands to gain a state of the art solution and

.

exceptional service that will:

Reduce false alarms

Increase revenue by enhanced pertnitting compliance and co112ction processes Educate residents and businesses on how to compy with the alarm ordinance Bring additional savings to the city by estabiishing best practices Provide exceptional citizen service to residents and businesses

In searching for a solution that is 100% web based, Chula Vis: a is forward-ihinking on how its citizens prefer to provide and receive communication. Our world is ever influenced by technology. We live in the modern times dominated by email communication, social media. and instant access to infortnation through sites like Google. Now, more than ever, People are more willing to conduct business and make payments online.

By giving citizens an easy-to-use web portal to apply, renew, and pay for permits, your city will see improvement to permit compliance and payment rates.

Products and solutions that were built for 20'^ century and merely face-lifted to look like a 21 t century solution seldom prove effective to the technically sophisticated citizen communities of our modern

times. Our online expertise is one of the many features thai set us apart. I, Pankaj Kumar, Chief Executive OfFcer, am the legalty binding corporete agent for this offer. Daniel Siocking and I are authorized represeniatives for questions and negotiations for this proposal. We can be reached at 972-831-7404, 105 Decker Court# 675, Irving, Texas 75062. There are no u

front costs for FAMS. We offer a percentage- based pricing structure based on the revenues generated from the program. Full pricing details are outlined in Section 5 of this document.

This proposal is open for 180 days from the date of this letter. After that time, we reserve the right to review our pricing structure.

We thank you for inviting us to participate in this process, and we are available to discuss your questions at any time.

Sincerely,

Pank2j Kumar Chief Executive Officer oa nka ikComa m

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PMAM Corporation wants to be the City of Chula Vista' s premier partner for False Alarm Management. PMAM FAMS( False Alarm Management Solution) addresses the city' s need for a 100% fullywebbased solution for false alarm reduction, process-driven methodologies for addressing ciry ordinances,

reducing administrative costs, increasing permitting compliance and generating revenues. FAMS provides cities the ability to utilize public safety resources in a manner that is most responsible to the taxpayer, without compromising citizen safety or reducing service levels.

The FAMS solution is a web- based system with multi- layered security, easy-to- read management

information systems( dashboards), invoicing, and billing within a single portai. No additional desktopbased applications or support is required, making administration and maintenance seamless. This means that all authorized city and agency officials have complete, up- to-the- minute visibility on every activity in the system and process. While some solutions/ products may provide partial web-based reports and screens, we have not come across another solution/ product in the false alarm managed service industrythat provides a fully 100% wetrbased system.

The implementation of FAMS solution significantly increases the number of permit holders and program revenues. We' d like to partner with Chula Vista to help you cut costs through false alarm

reduction, improve e

ciency, and increase revenues.

PMAM meets and exceeds the requirements of drafting aid with city ordinances, permitting, billing, online payment, selections, c stomer service toll- free number, citizen web portal and education, false

alarm reduction processes, water billing insert, appeal process, return mail handling, and lock box options as requested in RFP# PO8- 12/ 13.

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All th2 materials conained herein are the exclusive property of PMAM Corporation, and are therefore

copyrighted. This material is presented for the purpose of presenting proposed Services and may not be disclosed in any manner to anyone other than the addressee, employees or an authorized

representative of ihe addressed city. No portion of these materials may be reproduced, stored in a

retrieval system, or trensmitted in any form by any means electronic, mechanical, photocopying, recording, or otherwise without the prior written approval of PMAM Corporation. Any such request should be addressed to the PMAM Corporation Point of Contact as ideniified in this proposal. PMAM Corporation. All Rights Reserved, 2013.

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The iollowing PMAM point of contact is authorized to respond to any correspondence regarding this proposal.

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Chief Executive Officer, PMAM Corporation 105 Decker Court, Suite# 675 Irving, Texas 75062

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972-573-1545 pankajK@pmam. com

1

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Trade Secrets

7

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Trade Secreis

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Trede Secrets

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Page 49- 50

Trade Secret

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The City of Chula Vista faces the challenge of reducing the amount of costly false alarms while adminisiering an enforcement program to serve over 250,000 people. Limited city resources, as well as budget shortfalls further hinder the city' s ability to impiement an effective response. PMAM understands that the City of Chula Vista' s Police Department wil I require a cost-efFcient strategy that employs superior service and a proven software solution as FAMS to meet this challenge.

1. 1

THE PMAM PHILOSOPHY

At PMAM, we have three primary objectives that we measure our high qualitystandards against. These are to:

Significanily reduce the number of false alarms in our partner cities =Use the most advanced technology and processes to increase compliance and maximize revenue for ihe city

Achieve the first iwo objectives while providing a positive experience for citizens. PMAM' s singular focus on the managed services model has yielded consistent, proven results for our

partner cities for over thirteen years. Our philosophy is to consistently improve our processes.

Tracking, reporting, billing and collections arejust the baseline of a true solution. While cities have deployed these basic activities internally, often with third- party software, they frequently find it is not enough.

As you evaluate each proposal response, including ours, we ask you to consider.what is the true goal of each solution?

Is it to provide the baseline of tracking, reporting, billing, and collections? Is the solution focused on reducing false alarms and maximizing compliance and the associated revenue to the city?

How will the solution or service impaci the cost and revenue due the city?

1. 2

PMAM KEEPS POLICE AGENCIES TOP OF MIND

PMAM is a company dedicated to assisting police agencies. Recentty, we received a Request for Proposal from the Ciry of La Mesa, whose total annual revenue from their alarm ordinance was around 8, 000. We approached this project as we would for any RFP and responded with our full false alarm management service offering and an attractive pricing model—knowing that it would take a long time to recoup our investment with the city. PMAM was the only faise alarm management company that responded to their RFP. We have won their bid, and we consider ii an honor to work with the fine City of La Mesa and provided excellent service to their citizens. We take these actions in good faith that we are supporting the backbone of society—police agencies that serve their citizens with improved government efficiencies.

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1. 3

COMPREHENSIVE, MEASUREABLE DESIGN TO SHOW RESULTS

PMAM recognized from ihe beginning that for real results. the entire suite of izchnology and services had to be designed as a comprehensive, measurable solution. We employ three primary objectives as

the guiding principle of our design: alarm reduction. increased revenue, and quality of service to both the city as well as the citys residents.

PM.4M seeks to do more than manage, bill, and collect permit fees and fines for the City of Chula

Vista. We want to be a true partner with Chula Vista to significantly reduce the citys casts by reducing false alarms while maintaining the lowest possible administretive cost. 1. 4

PMAM TECHNOLOGY AND EXPERTISE

PM.AM believes that it has the most cities under contract for managed false elartn services. We

cumulatively serve the largest number of citizens under managed services in the U. S. We have ihe largest single city under managed services i. e., Houston, fourth largest city in U. S., and we have made huge investments in the number of people, software design, and infrastructure.

PMAM' s software delivery processes are CMMI Level 3 certified from the Software Engineering Institute at Carnegie Mellon University, the mosi presiigious certification woridwide for software development processes. PMAM is also a Microsoft Gold Certified Partner, which further contributes to

our ability to exceed functional and technical requirements while delivering the project on time and within budget.

PMAM is a recipient of Microsoft' s 5equel 2005 Front Runner Status,' a recognition granted to only 185 companies worldwide. This designation demonstrates PMAM' s ability to quickly study, build and

deploy applications using the secure MS SQL Server 2005 and documents our ability to satisfy tzchnical requirements for the Cityof Chula Vista false alarm management.

All of our citizen portais and web portal for the city o

cials to access are secured by 132- bit SSL

certifications, as we value the safety of our partner city' s information. 1. 5

100% CLOUD- BASED SYSTEM

Rs stated in Section II of RFP# P08- 12/ 13, PMAM' s proposed solution is a cloud- based solution as

preferred by the City of Chula Vista. fAMS will enable the city o

cials and the citizens alike to provide

the needed services and reports on a 24/ 7 basis. A positive experience is ensured for the ciry officials and the citizens. Wiih our customizzd web portals for citizens, alarm companies, and city o

cials, all

of ihe stakeholders are engaged with the overall goal of false alarm reduction and maximizing the rzvenue due to the city. Encoureged Cloud- based Adootion for All Stistems PMAM proposes that all of its solutions, modules, interFaces. and other systems ihat integrete with

PMAM' s FAMS are S00% cloud-baszd. This approach has helped all partner client cities of PMAM and

provides a great benefit as the city ofFcials are able to access FAMS on an as-needed basis and they

do not have to request information to the PMAM analyst for 2very request. PM.4M wants to ensure the city is confident that its F,AMS sysiem is capable and scalable to manage Chula Vsta' s volume of registretion and data requirzments. PMAM' s technical team has established a

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regression- testing environment that can easily accommodate the City of Chula Vista' s data size. Additionally, FAMS will work with your existing CAD system, with no need for outside integration.

We applaud the City of Chula Vista for having a long-standing ordinance since 1982. As stated in Section I of the RFP, we understand that high alarm violators are an issue for you and that part of your

ordinance has not been enforced. Rest assured, FAMS has features built in for assigning nonresponse. and our partner cities such as Houston and Denver, have used this feature as part of their

no-permit or non- response ordinance mandate. If you wish to draft changes to the existing ordinance,

we have an expert on staff, Dan Stocking, who will assist you, at no additional charge to the city.

1. 6

STATE OF THE ART CALL CENTERS

Call Centar Protedion Against Disaster PMAM will perform the alarm administration servicesfrom our Dailas, Texas office location. PMAM

provides three distinct processing and call center services sites. While the chances of a physical

disaster( weather, fire, etc.) are remote, PMAM maintains a complete mirror image and backup of the processes, equipment, and necessary personnel to support our partner cities in three locations Dallas, Texas; Houston, Texas; and Colorado Springs, Colorado). Should one site be incapacitated, PMAM can restore service to Chula Vista within hours at an alternate site.

PMAM excels in all of the Selection Criteria outlined in the RFP# POS- 12/ 13, including the entirety of Section II, Scope of Work Requirements.

PMAM considers iiself to be well qualified for the selection criteria. PMAM is offering a price that will be beneficial for the city. At the same time, this pricing structure will motivate us to work tirelessly to increase ihe revenue through delivering higher compliance and decrease the number of false alarm calis and their associated expense.

PMAM maintains a local o ce in Dallas, which is fully staffed. Our staff members are well trained and go through a rigorous hiring and training process, which includes drug and background tests. Our welltrained siaff has been the cornerstone of PMAM, earning accolades from partner cities since 2002. PMAM is totally unique in that it provides an unmatched citizen experience in each of our cities' custom citizen portals. Immediately upon logging in to the city website, the citizen is guided through the talse alarm payment process with a video guide. Citizen portals and videos are available in both English and Spanish.

In minutes, the citizen can learn how to conduct any business that they choose including: applyingfor permits, paying bills, changing their contact details, checking for outstanding bills, alarm user training, and finding the past history of alarms at their location. PMAM is committed to making the City of Chula Vista a top-tier account, with sponsorship atthe CEO level. PMAM is proposing a highly competitive pricing modei for the City of Chula Vista, based on a generated revenue percentage.

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1. 8

IMPLEMENTATION

PMAM has designated Daniel Stocking to serve as the main poini of contact for the City of Chula Vista. and shall participate during the steering committee meetings as laid out in the implementation plan.

In addition, he will be przsent during the kickoff meetings as well as during the flnal rollout. In the

interim, Daniel Stocking will be present at the City of Chula Vista when required, with prior notice. PNAM is proposing as a prime vzndor and offers the FAMS solution to the city on a compl= te turnkey

basis including all personnel and soYware as requested in the RFP# POS- 12/ 13 in Section II. II the prices included in the Pricing Section within this document ar2 final and constitute the turnkey solution. PMAM recognizes Chula Visia' s status as a premier client and will not charge implementation

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or setup fees to initiate this project. AII of PMAM sites that are responsible for providing services to the City of Chula Vista shall be available for site inspection to the city officials with proper prior notice.

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1. 9

PMAM COMPANY INFORMATION

Incorporated in 1999. PMAM Corporation is a global information services companywith world headquarters in Dallas, Texas and project management and development offices throughout the

Unitzd States. PA1.4M provides customized softwar2 solutions for false alarm, project, sales, and human resource management to private and public sector clients worldwide.

In 2003. PMAM created its False Alarm Management Solution ( FAMS) io effectively manag and reduce the cost of commercial and residential false alarms to municipalities and other public entities.

In addition to FAMS, PMAM has Iaunched a series oi SaaS ( Software as a Service) enabled hosted and

managed enterprise products that include PMAM CRM ( Customer Relationship Management), PM.4M HCM( Human Capital Management), and PMAM Smart Select Recruitment and Staffing solution.

PMAM employs an experienced management and development team with an outstanding record for solutions in customized software devzlopment. We praciice disciplined, well-defined, and effectively monitored software development processes for delivering quality software that meeis cost and delivery schedule commitments.

1. 10 ABILITY TO MEET FUNCTIONAL AND TECHNICAL REQUIREMENTS

F.4MS not only addresses the need for a fully web-based solution, it also delivers process Jriven meihodologies for addressing city ordinances, reducing administrative costs, increasing permitting compliance and generating revenues. FAMS provides cities the ability to utiiize public safery resources in a manner that is most responsible to the taxpayer. without compromising citizen safery or reducing service levels.

FAMS provides a 100

web-based system with multi- layered security easy io read management

infortnation systems( dashboards), invoicing, and billing from a single portal. Our superior technology incrzases accuracy, ease of management, and reduces administrative costs for our clients. Available anyime, anywhere; FAA1S requires no additional deskto rbased applications or support, making administration and maintenance seamless. This means that all authorized cityand agency o cials have total u to-the-minute visibility on every activity in the system and process. FAMS has quickly established itself as the premier management syst2m for False Alarm Management Services by providing exemplary managed services, including billing, invoicing, customer support, education, etc., allowing municipalities to focus on core services. while effectively administering false alarm programs and increasing city revenues. The implementation of our FAMS solution to manage False Alarm Services routinely elevates the number of permit holders and increases program revenues. This is achieved ihrough providing

exceptional services using a full-scale s}stem that seamiessly manages the process for our clients. We provide our clients the ability to confidently delegate the management of their False Alarm Management Services io PMAM based on our demonstrated ability: o provid2 an efrortless transition

of data and impl2ment a process-driven program management solution thai generates immediate cast savings. rev nue, accountabiliry, and process e

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PMAM utflizes an experienced management and deveiopment team, and employees with an

outstanding record for solutions in customized software development. We practice disciplined, welldefined, and effectively monitored software development processes for delivering qualitysoftware that meets cost and delivery schedule commitments.

1.10.2

Abilityto Deliver

PMAM is a recipient of Microsoft' s " Sequel 2005 Front Runner Status," recognition granted to only 185 companies worldwide. PMAM also received a similar recognition for Sequel 2008. This

designation demonstrates PMAM' s abilityto quicklystudy, build and deployapplications usingthe secure MS SQL Server 2005 and documents our ability to satisfy technical requirements for the City of Chula Vista' s False Alarm Management Services. Its greatest significance for Chula Vista, beyond

assurance of the quality of our technology, is our ability to respond rapidly to unforeseen requirements

for potential modification of the system to meet a partner city' s unique needs.= Y PMAM has received its CMMI Level 3 certification, from the Software Engineering Institute at Carnegie Mellon University, the most prestigious certification worldwide for software development processes. PMAM is also a Microsoft Gold Certified Partner that further contributes to our ability to exceed functional and technical requirements while delivering projects on time and within budget. No other vendor in this market has received this recognition.

1.10.3

WhyPMAM?

Our solution exceeds project requirements and provides the City of Chula Vista a full-service managed

soiution using a single point of access. Our ability to scale the system to meet the needs of the City of Chula Vista is documented and our client references and past performance further support our ability

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Wer the last 13 years. PMAM has emerged as a significant player in the global IT services mark2t

maintaining a loyal customer base with clients in a continuous relationship for multiple years. The reliability of PA1AM' s services results in long-term relationships. More than 85% of our revenue is generated from repeat business.

PMAM has successfulty served many clients in the past,

spanning a wide array of industries such as Insurance, Manufacturing, Public Sector, Hospitality, Healthcare. Travel, Transportation. and Logistics. PMAM has specialized

capabilities in delivering horizontal functional sysiems like Sales

and Marketing, Operational Analysis. Human Capital and Resource - ° Management, and Web Enabled Eco System and Inventory Management.

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PMAM is a recipient of Microsoft's ' Sequel 2005 and 2008' awards and " Windows Server 2008 front

runner status'. This designation demonstrates PMAM's ability to quickly study, build, and deploy

applirations using the secure MS SQL server 2008. PMAM has earned Microsoft Gold Certifed Partner status, a designation that requires the highest level

of competence and expertise with Microsoft technologies, which provides the closest working relationship with Microsoft product managers and engineers. We are one of a select group of companies that have earned status as a Microsoft Independent System Vendor IU. PMAM was selected for our successful implementation of innovative solutions that work in tandem with Microsoft technology.

In addition to Microsoft technologies, we have competencies in Java and J2EE; IBM AS 400; Oracle; Informix; Uni

Sun Solaris; and Linuz.

Our software development methodoiogy and processes have been assessed and audited, and were

confirmed to meet Lhe Software Engineering Institute' s requirements for certification as CMMI Level 3. Our quality is the result of our impeccable software development processes that include: Scientific hiring processes significantlyabove industry standards, using our proprietarySkills 4ssessment System

Best practices used in code documeniation—no ' spaghetti" code—this enhances the reusabilityof code when modifications are needed

Teams geared to wriYe applications using client' s preferred methodolo ies from Waterfall to Rational Rose—thus creating robust applications

Regressive testing methodologies Quantified metrics used to measure the time speni on code devzlopment versus time spent

on bug fixing Extended hours support during the system deployment stage PMAM' s technical expertise benefits Chula Vista by providing the necessary skills to rapidty Vansition Chula Vista to the new system, complete data conversions, testing, and the CAD interface

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implementation. Our core competencies in software development and accurate system deployment

set us apart in the marketplace.

PMAM is a corporation, incorporated in the state of Texas. PROJECT PERSONNEL, ROLES AND RESPONSIBILITIES

2. 2

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PROPOSED STAFF RESUMES

PMAM has assembled a seasoned team from law enforcement and technology sectors. Together, our team has conducted numerous engagements with police agencies, from helping to draft effective ordinances to implementing FAMS throughout the United States. The following section containsthe resumes of the key personnel proposed for this effort.

Pankaj Kumar Founder& Chief ExacuWe Officer

It takes a visionary mind to lead a team of the nation' s top IT professionals to develop a Software as a Service( SaaS) solution that not only solves important problems, but that generates true value for municipalities, law enforcement agencies, and entire communities. When that system can be

delivered at no cost to the customer, iYs easy to see why the PMAM False Alarm' Management System

is the leading system neutral solution for organizations throughout North America. Pankaj Kumar is the Founder and CEO of PMAM, who has been developing innovative ways to use technology to tackle difficult business problems for more than 20 years. His ability to analyze complex problems and map out comprehensive solutions that combine technology and information management has put him in the presence of industry and government leaders worldwide. Mr. Kumar has experience as a programmer, developer and businessman, working for government departments in both India and Thailand. He is an international leader in the field of Enterprise

Resource Planning and was instrumental in workingwith some of the world' s largest consultingfirms on software development and massive critical applications initiatives, including Y2K. As worldwide CEO of Birla Consultancy and Software Service, Mr. Kumar was responsible for all

projects in North America, Europe and Asia. His work with the world' s top consultingfirms, including the Mackenzie Group, KPMG, Booz Allen Hamilton, and Price Waterhouse Coopers, involved him in massive international ERP and IT projects. Under his leadership Birla ( now PSI Data Systems) grew more than 300 percent.

Just prior to launching the development of PMAM in Irving, Texas, Mr. Kumar was the IT advisor to the Chief Minister of Madhya Pradesh in India, where he was responsible for developing the strategyfor that governmenYs entire IT infrastructure and Network. In that position he facilitated interaction between the Chief Minister and Bill Gates.

As CEO of PMAM since 1999, Mr. Kumar continues to set the vision for developing PMAM as a

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company that provides accessible SaaS solutions in the vertical markets of City Government, Healthcare and Insurance. The company continues to grow through his leadership, as well as successful technology development and acquisition.

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Daniel D. Stndcing GovemmeM Relations Manager

Daniel D. Stocking has been consulting with police departments and government organizations on security and related issues for more than ten years. He retired from the Littleton (Colorado) Police Department after serving that city for 31 years in several capacities, including seven years on patrol.

4s a Prevention and Public Information Officer, Officer Stocking was involved in coordinating many initiatives that involved crim2 prevention, ordinance compliance, and communiry involvement. He coordinated the Police/ Citizen Academy and citizen volunteers. He also served as a spokesperson for the Littieton Police Department.

For PMAM, A1r. Stocking has been directly responsible for false alarm management solutions being implemented in dozens of cities and counties across the United States. His knowledge of law

enforcement procedurzs and his abiiiryto guide ordinance development and compliance programs has proven invaluable to agencies and communities of all sizes.

Mr. Siocking is responsible for training with departments at the local level. As both a colleg2 instructor

and Police Academy Instructor, he has ihe unique combination of skills for treining Iaw enforcement agency personnel. He is an expert on enhanced call verification and burglar alarm verification

procedures, and his experience coordinating police/ citizen programs helps with communicating ordinance and false alarm prevention information to communities. Mr. Stocking assists ag ncies in their communications with communityorganizations, alarm companies and the media.

Before joining PMAM in 2005, Mr. Stocking was a consultant working with the Coloredo Burglar and Fire Alarm Association, the Department of Defense, law enforcement agencies and public waier

districts. He is based in Denver and manages Government Relations for PMAM, dealing with cities, couniies, and law enforcement agencies throughout the United States.

Throughout the years, Officer Stocking was the recipient of numerous awards and honors, and he has conducted many seminars, workshops and training sessions. He received his Bachelor of Science degree in Criminal Justice from Metropolitan State University in Denver. He spends his free time 2s a volunteer with the Coloredo Police Veteran' s Memorial and other charities.

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Harvey Lee

Infortnation and Technology Manager With more than 15 years of strategic information technology development experience working with government entities, Harvey Lee is the person everyone wants on their team. N' hen you add in 20 years of systems programming and project development with a leading pioneer in both hardware and software, Harvey brings a vast knowledge to his work supporting cities, counties, and law enforcement agencies.

As the Information and Technology Manager for PMAM, Harvey is based in our Colorado Springs office where he has speM the last seven years ensuring the highest level of integrity for false alarm management systems. Harvey' s knowledge of software and systems and his ability to work with peopie on both the technical and norntechnical sides of the table, contributes tremendously to the

quality focus of PMAM. As one of the architects of the information management infrastructure that ensures the success of the

FAMS SaaS model, Harvey is a responsible for the quality of project implementations. His Six Sigma and TQM expertise contribute to the high level of customer service our clients' demand of us.

With a background in both hardware and software, and degrees in Physics and Math from the New

Mexico Institute of Mining and Technology, Harvey is a leader who assembles the best teams for the job at hand. Working with hundreds of clients across the nation, his ability to analyze, manage and implement have become a key benefit for clients of PMAM.

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NandkumarLad

Manager- National Technical Operationa

Companies don' t remain on the leading edge if their products are behind the times, and Nandkumar

Lad is a major reason why PMAM' s produd and service offerings continue to be setting the standard for innovative SaaS technology. Nandkumar and his teams have built software to serve markets

including Govemment, Law Enforcement, Banking, Human Resources, Hotel Management and Merchandising. Over the lasi 15 years, Nandkumar has worked in the field of software development and project

management. His expertise in system architecture comes both from his eXensive experience working with dozens of programming languages, and his formal education and training. He received his Master

of Science degree in Information Technology from Kwempu University in India. He has continued his education ihrough ihe years and is an expert in building web-based applications. As the Manager of National Technical Operations for PMAM, Nandkumar takes ideas to th2 reality siage, setting up teams, developing schedules, and developing program specifcations in conjunction with other team members, consultants, and PMAM clients. PMAM works with its customers to

enhance service levels and features, and Nandkumar is responsible for creating detailed project plans

and managing those technology projects to ensure the delivery of customer requested and strategic service enhancements.

Before joining the PMAM team in 2004, Nandkumar worked for InfoSoft Software Services as a Software Programmer and Project Leader. He also was employed byShawMan Software Enterprises as a Software Programmer and Team Leader. He has built software for records management

computer aided dispatch systems, web-based porta s, order processing systems, HR systems. including payroll, training, and perFormance appraisal systems, and manyother projects.

At PMAM, Nandkumar enjoys being a part of a team that has the flexibiliry to develop new products for new markets. PMAM is fortunate: o have the expertise of Nandkumar, who can take software

development challenges and deiiver quality products.

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Reyna Salgado

Alarm AdminisVator, Public Safety Operations PMAM' s success is largely due to our excellence Customer Service provided by our Service Centers. Reyna Salgado exemplifies excellence in Customer Service and satisfaction. She has 10 years of

years of Customer Service and office supervisory experience. Ms. Salgado also provides bilingual support in Spanish.

In her service in Public Safety Operations for PMAM, she is the Coordinator for the day-to-day operational activities of FAMS Alarm Administrator staff. In this role, she assigns daily duties and

validates staff performance for customer service and productivity. She sets priorities, assigns tasks, develops and mentors employees, and resolves employee concerns. Reyna uses the same standards

of excellence she sets for herself when recruiting and interviewing new employees.

Ms. Salgado' s additional duties in her role for PMAM include conducting performance appraisals, creating the budget, scheduling, determining employee discipline and compensation. Ms. Salgado has also served as a Customer Service Representative and effectively managed high

volume call and citizen account load while receiving high productivity index scores. In this role she developed methods for improved workflow resulting in increased productivity. She assigned and quickly resolved level 2 escalated account inquiry cases, which required gathering and organizing copious amounts of complex information. Throughout her service she has always assured that policies and customer service procedures are followed.

Prior to working at PMAM, Ms. Salgado served as an Administrative Assistant for Carlton Staff ng from 2006-2007, where she was responsible for answering numerous phone lines, scheduling appointments, provided training, conducting reference checks, interviewing applicants, processing invoices, and scheduling travel. Ms. Salgado worked as an Assistant Manager for the Suncase Corporation from 2004-2006. In this

roie she leased apartments, processed leases, performed customer care for residents, handled

resident disputes, verified employment, work and rental history, handled evictions and collections for delinquent residents.

Ms. Salgado served as Patient Care Coordinator/ Office Manager for South Texas Dental from 2000-

2004. In this role, she administered insurance verification, coordinated treatment planning, predeterminations, billing, fling, posting CDT codes, as well as answering multi- line phones and scheduling appointments for multiple doctors.

From 1998- 2000, Ms. Salgado served as a Post- Closing Specialist for Ff Mortgage Companies. In this role she prepared file images coming from various branches, provided quality control/ indexing, data

entry, audited files of investment property. Ms. Salgado is fluent in Spanish and English. She is skilled in Microsoft Word and Excel.

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2. 2. 2

FINANCIAL STRENGTH

A statement from PMAM' s bank, Bank of America, has been added as Appendix C. 2. 2. 3

COMPARABLE WORK -

F.4MS SUCCESS STORIES

PMAM currently provides turnkey False. 41arm Management Solutions to major cities throughoui the United States. For ihe purposes of this response, PM Iv1 has included past performance information

on deployments in Pierce County, Oakland, and Houston as examples of large and smaller scale

projects that are comparable in complexity and scope of work sought by the City of Chula Vista. 22. 31 FAMS CUSTOMER SUCCESS -

PIERCE COUNTY, WA

Pierce County, WA, is a PMAM success story for the model ordinance. Five full years after implementing the security industry' s laundry list of r p. provisions

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Billable Burglary alarm calis - Reduction of 88.3%

Billable Robbery/ Panic alarm calls - Reduction of 29. 2% Total Billable alarm calls - Reduction of 82.4%

Canceied Burglary alarm calls - Reduction of 85. 6% Canceled Robbery/ Panic alarm calls - Increase of 37. 0% Total Canceled alarm calls( ail rypes) -

Reduction of 78. 0%

Total of all alarm calls - ( no matter what type) - Reduetion of 54. 2%

These five years of proof provide powerful evidence that supports what we' ve long-advocated: an effective ordinance that includes the proven best practices in the North America.

Many other factors contributed to ihe success of the last 5 yea rs: The expertise and help of a contracted business with many employees specializing in supporting the administration of an alarm ordinance; specialized software provided bythe contracted business, along with access to three web sites for alarm users, alarm companies, and. larm Program officials; help from LESA( Law Enforcement Support. 4gency- Tacoma/ Pierce Countys 911 center) Dispatch which agreed to be the ' gztekeeper' when alarm companies call by asking questions and not dispatching if the ordinance requirements have not been met; the development of working relationships wiih alarm companies; the leadership and education provided by the Alarm Coordinator; and the support of Sherif' s Depzrtment Supervisors.

The list of contributing factors to the success of this program tells us several big things: work together

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towards solutions, communicate and ask questions when you meet with local officials to find out which practices work best for them, be flexible in terms of implementation, and enforce the law.

2. 2. 3. 2

FAMS CUSTOMER SUCCESS -

OAKLAND, CA

The City of Oakland, CA, had requirements that were similar in scope and complexity to the City of Chula Vista. In 2008, the City of Oakland awarded the Oakland False Alarm Reduction Program

Administ2tion contract to PMAM. The City of Oakiand, CA has a population of over 400,000. The City of Oakland False Alarm Reduction Program Administration contract consists of false alarm

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FY 2013 Number of Alarm Calls - 15, 200

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PMAM completed the full length of the contrect and through the bidding process, has again been selected beginning in January 2013 to serve the City of Oakland for the next five years.

22. 3. 3 FAMS CUSTOMER SUCCESS -

HOUSTON, TX

The Ciry of Houston, Texas, is the fourth largest city in the United States, with a population of over 2 million.

In June of 2010, the City of Houston awarded the Burglar Alarm Administration Services contract to PMAM over the incumbent provider, EDS. The City of Houston Burglar Alarm Administration Services contract serves a city population of

over 2 million and consists of alarm ordinance enforcement, including billing, collection, appeal process, reconciliation, skip tracing, and liaison with the alarm industry. It provides over in excess of 10 million dollars per year in revenue. During the Iifetime of the project, PMAM will likely handle total revenue of 50 million dollars for the City of Houston. PMAM partnered with Access Data Supply, Inc. (ADS), who was working with Houston' s Police CAD and RMS system. ADS also worked eMensively during the Citys first and second SAP implementation phases. The partnering relationship insured the smooth transition and rapid implementation of the FAMS application Implementation began in June 2010 and the system was fully operational within the City expected time frame.

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2. 3

REFERENCES

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3. 4

PERMITTING

The F.AMS Docum= nt specialist will review the existing permit registration form and work with the Chula Ysta ciry o cials to finalize the permit registration form so that it meets with all th2 r2quirements of the city ordinance.

PMAM has studied the permitting requirements as laid out in Section II of the RFP# P08- 12/ 13.

PMAM has verified all these requirements currently reside with its FAMS soYware and currznt reporting capabilities.

Permit registration can be applied online, paper applications can be requested from F.4M5 staff by calling or citizens can download the application from the citizen' s website.

3. 5

NEW PERMITS

The FAMS program processes new registration applications for both residential and commercial alarm

users. Citizens and businesses can apply online for permit registration( as requested in Section II of ihe RFP# P08- 12/ 13) or can use traditional paper applications.

FAMS customer service staff is always available during regular business hours to handle any questions and provide assistance to Chula Vsta' s citizens/ businesses. Messages left after hours are

retumed the next business day. Our Customer Service Specialists are irained to provide siep-by-step guidance for ihe completion of the application process. This service will be available in English and Spanish.

PMAM is totally unique in that it provides an unmatched citizen experience in each of our cities' custom citizen portals. Immediately upon logging on io the citizen website portal, the citizzn is guided ihrough the permit application with a video demonstration. In jusi a few minutes, the cftizen can learn

how to apply, pay for, get an alarm permit or pay fees. PMAM has invest2d a great deal of time, money and effort in maturing these sophisticated processes. Our partner citiss constantly express the positive feedback they receive from their citizens and staff. For your review, here is Houston' s website in English and Spznish:

https:// www.houstonbur laralarmperm its. org/ Demo/ Citizen/ Apply%20Ne v% 20Permits

Appiv%20New%20Pe rmits.htm

3. 6

EFFECTNE ORDINANCE COMPLIANCE

4s for the requirements explained in Section I of the RFP, we understand that high alarm violators are

an issue for you. FAMS has features built in for assigning non- response, and many other large cities, Iike Houston and Denver, have used this featur2 as part of their no-permit or non- response ordinance mandaie.

PMAM partner cities depend upon the reliable secured information from FAMS to help ihem enforce

their alarm ordinance to its fullest capacity. Our resident expert. Dan Stxking has helped craft over 40* ordinances. Recentty, Dan assisted in drafting changes to the ordinance for the City of Covina,

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and received an accolade from the alarm industry. Dan will be available to assist the city in

implementing Chula Vista' s revised alarm ordinance.. For ordinance compliance, FAMS processes are capable of identifying residents/ businesses that are noncompliant with the city alarm ordinances, and our team will take action. PMAM will send alarm registration applications to these non- compliant residents and businesses and provide them the

choice of applying online or by sending the completed application. All such noncompliant alarm locations will receive two reminder notices and a minimum of two phone

calls until permit compliance is achieved. Our experience has shown that over 90% of people become compliant as a result of this effort.

3. 7

PERMIT RENEWAL

The USPS estimates that 18 - 20% of people change addresses each year. Renewal processing is integrated with PMAM Pitney Bowes mailing technology to ensure efficient and accurate delivery of renewal invoices. This process is detailed within the Section 225 entitled " BILLING AND REMITTANCE REQUIREMENTS° on page 39, within this document.

The Customer Service Specialist calls to confirm address changes are correct before issuing renewals. To the best of our knowledge, PMAM is the only company that has this process of precision accurate

billing and salvaging previouslywasied postage. This will save Chula Vista significant dollars during the term of the contract.

FAMS business rules-based, automatic billing process generates invoices and takes care of the permit renewal process. PMAM has several reports that are execuied by the CustomerService Specialist to ensure all permit renewal notifications have been processed. As requested in Section II of the RFP P08-12/ 13, FAMS has detailed and concise processes to generate letters and invoices to residences

and businesses. FAMS permitting processes to satisfythis requirement inciude:

Permits requiring renewal in the upcoming month are automatically generated and a permit. renewal invoices is sent.

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applications to all alarm holders that have false alarm incidents that are not matched to

permits in the FAMS system.

FAMS automatically generates first follow- up and second follow-up letters to noncompliant alarm holders, if they do not complete permit applications. If residents and businesses do not complete alarm permits after mail correspondences, PAMS

automatically generates a report for Customer Service Specialists to directly call alarm holders to gain ordinance compliance.

FAMS noncompliance reporting determines which aiarm holders create frequent false alarms. PMAM will work wiih the City' s Police Department to establish program processes to work with these residents and businesses to complete alarm permitting and reduce false alarms.

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PMAM can e

ciently and effectivety process high volumes of mail. PMAM utilizes Pitney Bowes

process verification mailing technology to process high volume mailings and our system is capable of

handling up to 2, 000 pieces of mail per hour.

3. 7. 1

CONTI

UAILY UPDATED PERMITTING RENE VAL PAYMENT INFORMATION

FAMS business rules-based permit renewal program generates permit renewal invoices thirty( 30) days prior to an expiration date. On each invoice there is a section wherz permit holders can provide

new contact and address details. If any contact information is changed on the return reply, our Customer Service Specialists will update the change in the F.4MS database. PMAM has a dedicated

process for all of our Customer Service Representatives to keep the contact information current for all permit users.

3. 7. 2

ADDITIONAL PERMITTING PROCESSES

PMAM has outlined several key permitting processes within this section. There are additional processes wi[ hin PMAM' s Billing Security Company, Citizen Web Portal, and Customer Service programs that will also enhance permitting compliance. PMAM' s permitting goal will be to greatly increase alarm permit compliance and in turn, significanty increase city revenue from the permitting process. We have repeatedly increased city permitting revenue between 100 - 300% for other cities.

3. 8

BILLING FOR FALSE ALARM FEES

F?. MS business rules- based, false alarm billing process will fully compatible to the City oT Chula Vista' s alarm ordinance. Based on this rule-based solution, FAMS calculates the billingcriterion and all

associated fees including false alarms that are billable, ihe rate at which each alarm is billable and ihe total fee for each location. The system- produced invoices provide historic details and fe
recipient of the invoice is aware of city ordinance requirements and if ihey are in compliance. FAMS will utilize Chula Vista' s ordinance business rules to accomplish the requirements"specified in

Section I to recognize non-billable false alarm instances. These rules will be effortlessly incorporated

into the system. Additionally, FAMS can track organizations that have filed for Chapter 11 status. Business rulzs within FAMS will prevent billing these organizations.

FAMS also automatically generetes permit renewal invoice applications 30 days prior to its expiration date.

All Invoices are printed on city letterhead with logo and mailed in city logo envelopes. All stationary and mailing ezpens2s are provided by PMAM. Several reports provided in FAMS allow the billing specialist to confidently certify that billing has been done corrzctly and all bills are ready to be printed.

PMAM' s objective through using the FAMS billing processes is to achieve nearly 1005'o accurate billing and maximize collections for the city. FAMS is able to achieve this through iis intelligent, businessdriven software processes to correctly bill renewal, falsz alarm fee and noncompliant alarm hold= rs.

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PMAM is constantly innovating new processes through our research partnerships and byworking with each new partner city to identify unique processes that can further reduce false alarms. Our experience with current partner cities has routinely resulted in extraordinary false alarm reductions and we feel confident the City of Chula Vista will see similar results. PMAM will achieve significant false alarms reductions by implementing the six processes outlined below.

Repetitive Faise Alarm Violators Identification Educational CD

Proprietary Email Engine Predictive Phone Dialer Enhanced with PMAM' s Technology Online False Alarm Academy

GIS Mapping Module

3. 11. 1

REPETITIVE FALSE ALARM VIOLATORS IDENTIFICATION

FAMS dashboards and scorecards systematically identify repeat offenders who cause a high number of false alarms. These highly intelligent, analytical reports are then utiiized by PMAM to engage high repeat offenders in multiple ways. This encourages repeat offenders to take corrective actions and

prevent further false alarms from happening.

3. 11. 2

EDUCATIONAL CD

PMAM made significant investment in producing a proprietary, multimedia CD that educates citizens and businesses about the possible reasons for false alarms and methods of

prevention. The CD educates alarm users about the impact of the false alarms on police resources and how such calls take

limited police resources away from true emergencies. This educational CD is available in English and Spanish languages.

The CD is a unique service provided by PMAM, at no cost to Chula Vista.

3. 11. 3

PROPRIETARY EMAIL ENGINE

Per Section II in the RFP# PO8- 12/ 13, FAMS includes an integrated email engine that will send out

applicable messages to every permit holder that has had False Aiarms in the previous month. The type of email message is intelligently selected by our solution, based upon the total number of false alarms in the last 12 months and the total false alarm calls in the previous month.

Our customer service staff can set the email program frequency specifically for the City of Chula Vista. With this type of communication policy, PMAM is able to reach out to every single false alarm violator,

including those that had fewer than the free alarms allowed before they are invoiced. Early engagement with citizens and businesses helps to communicate and enforce the city' s alarm ordinance. This proactive outreach effort increases false alarm awareness with the community.

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3. 14

REPORTING

FAMS has over 100+ reports available to system users and decision

makers. The vast majority of the reports have an option to export the results in PDF or Microsoft Excel CSV formais. Several reports can be

setup wiih multiple configurations, date ranges and status of a permit, eta

FAMS is fully transparent because it is 100% web-based and has

built-in, meaningful reports that are reviewed by FAMS staff as well as

city administrators, in real- time. FAMS data repositories allow 100% visibility and access to City Staff, as requir2d in Section 2. 3 of the RFP# P08-12/ 13.

FAMS has 20 specific reports for viewing billing and outstanding aging. Other reports also record the efforts that have been made by

Customer Service Specialists in collecting past due invoices. These reports are available in ' Business Intelligence Dashboard' formats,

Scorecards, ' Payment Trend Analysis' as well as base reporting formats. All reports can b= run for any period by providing the date range. City officials desiring any permitting, billing, collections, false alarm reduction details, hearing process, securiry company and account receivables/ aging details are able to get the information wiihin minutes from these established web- based FAMS and configurable reports on the designated 132- bit SSL

certified web portal. This information is e ciremely he pfui for budgeting and ongoing oversight of the false alarm program.

PMAM will provide Chula Vista with monthfy status reports as required in Section II- 2 of RFP# P0812/ 13 which includes: the original placed value of debt, the value of the current debt, money

received, charges waived, interest charged, balance due, and date of last payment information. Aging reports are also easity run within the FAMS system upon request.

:

Fiscal reports may also be generated for period to date or fi5cal year to date with information for receipts. net accounts receivable, total accounts receivable, and collection percentages. Year-end

fiscal reports may be created that include: a)

Detailed listing of alI accounts by type

b)

Detailed listing of all accounts closed in the past year by type

c)

Detail of all activity by account in the past y2ar by type

d)

Summary of all the reports

3. 14. 1 DASHBOARDS AND ANALYTICS REPORTS

F.4MS is the pione=r alarm management solution that provides city decision makerswith real-time s atistical dashboards and analytic repor's. Cityo lcials can monitor permit, false alarms. billing and collections irformation instantly at any time, as requested in Section II of the RFP# P08- 12/ 13. Additionally, PMAM had the vision in 2003 to utilize ' Drillable Reports'. Data poinis on dashboards and reports incorporate a drill-down technique from the FAMS user interface to access unit level data.

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PMAM maintains high standards for each Customer Service Specialist. Our proprietary web-based call center application program monitors ali interactions between citizens and our Customer Service

Specialist. The Call Log records each call made or received by our Customer Service Specialists. This includesthe telephone number, the duration of the call along with the date and time the calls were made.

PMAM has a state of the art phone predictive dialerthat is capable of handlingvoice and data

seamlessly. This feature helps create a positive experience forthe callers, and also educates callers on alarm reduction efforts while they are on hold. PMAM works with a sinAe goal of' Single call resolution' tu be 90%+.

Having a same day call back policy in place for any voice messages ensures a high level of customer service is achieved.

Customer service metrics are available to supervisors in real- time. Call Center supervisors are abte to

listen into live service calls and provide meaningful inputs if required, to ensure the customer service

team is providing superior customer service. Our supervisors spend considerable time monitoring conversations to confirm qualitycitizen service is being provided. Supervisors are mandated to undertake Call Quality Audits on a regular basis, and document the quality in a predefined questionnaire. These audits are reviewed and become the basis for conducting coaching and training sessions to continually improve each Customer Service Specialist' s performance.

The City of Chula Vista will noi only benefit from our cloud-based solution, but aiso from happy and satisfied citizens who call our customer service representatives. PMAM utilizes call center best

practices in order to have the majority of calls resolved during the first irM.eraction. All calls are recorded and available for later review. In the rare case of a customer complaint, PMAM is

able to review the call recording for full knowledge of the interaction, and take any necessary action to

resolve the issue. This practice has been very helpful forthe partner cities and PMAM to mutually look at any feedback provided by the citizen about the false alarm reduction program. PMAM' s current Customer Call Centers have produced substantial and measurable results for the cities theyserve and provide exceptional customer service. For example, the Customer Call Center is

capable of handling approzimately 3500 calls per day. Customer Service Representatives can view the

customer' s actual bill in real- time with the customer and can access and resolve payment and billing issues, non- billable false alarms, and relevant customer information. The Revenue Enhancement Program ensures that the Service Center identifies high value account

collections in their outbound calls for collections. The predictive dialer calls for high outstanding false alarms charges and Customer Service Representatives contact customers with follow up reminders for

customers whose accounts include an agreed to pay notation on a specific date. These policies as part of the overall FAMS solution produce measurable results.

The City of Houston received a $ 3. 8 miilion dollar increase in revenue collected from false alarms

within the first two years of adopting the FAMS solution. According to the Alfred Moran, Director of Administration and RegulatoryAffairs Department for the City of Houston, statistics indicate that revenue collected from false alarms will continue to rise.

Additionally, the redundancy provided by PMAM of having three similar Call Centers located at Dailas, TX, Houston, TX, and Colorado Springs, CO shall be a huge benefit for the city in the event of a disaster hitting one of the Centers.

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3. 22

CUSTOMER REPRESENTATIVE SERVICE PHILOSOPHY

P t.AM understand that the City of Chula Vista has high customer service 2xpectations. PMAM looks for

the highest prof:ssionalism and courtesy in our service representatives and provides eMensive customer service training to each employ2e before they staf taking live calis.

The£ ollowing chart contains the highlights of our service guidelines: Figure 10

Courtesy and Professionalism Standards Courtesy and Professionalism Standards

1.

Remember the difference between customer service and citizen service. You are representing . the City and the person you are calling expects their government to be very responsive.

2.

3.

Answer the phone pleasantry and maintain a pleasant demeanor while on the phone.

Be sincere at ail times. People will sense insincerity on the phone even though they cannot see your facial expressions or other non-verbal communication cluessuch as hand gestures,

head nods and body posture.

4.

Know the ordinance and all information regarding its compliance.

5.

Return ali phone calls within the same day.

6.

Keep r2marks of the contacts you make in the FAMS notes section. These notes are crucial for future contact of when ciiy officials wish to check on an alarm user citizen account. ' ote dates for follow-up.

7.

Listen and respond to the person on the other end of the line. When you focus on them rather

than on what you are going to say next, the phone call becomes much more conversational.

8. 9.

Know what you want to say before making an important call. Do not do things such as open mail, do paperwork while on the phone. The person you are

talking with will know you are distracted.

10. Meeting weekly goals requires setting and meeting daily goals. Rzcord} rou progress on a daily basis.

11. Always use introductory or follow-up letters, FAMS informational fliers or other educational materials to further the goal of alarm reduction.

12. Focus to resolve calis in a timely fashion with politeness. If it becomes evident that the person is not the one needed to resoive the issue. Obtain the correct information and then contact that person.

13. Before disconnecting the call, one should recap the reason for the call, the resolution provided and that the expectation has been met and caller is satisfied.

Custnmer Messaging Standards 1.

Clearly ideniify yourself, the nature of the call and what action is required of the alarm user.

2.

Provide a call back telephone number.

3.

Speakwith confidence and authority.

4.

When you connect with a secratary or an assistant to the person responsible for payments, ask about a convenient time that might be best to call back.

5.

When finding it difficult io get business aiarm users, try to cali early in the morning or later in the evening when more time may be available.

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3. 23

REMITTANCE CENTER

BILLING &

PMAM has been working with Pitney Bowes for a number of years to develop high volume processing solutions. We have identifed and have in place the advanced mailing processes and software systems with capabilities and a

capacirythat far exceeds the mailing volume requirements

of the City of Chula Vista. PMAM uses the most advanced processes for mail

handling for the City of Chula Vista, which include: In addition to the subscription of the number one

skip tracing tool, we also use the latest United States Postal Service(

USPS)

Change of Address( COA)

information for alarm holders to reduce incorrect addresses and wasted mailings. This service

is available to PMAM ihrough its partnership with Pitney Bowes. Utilize USPS VeriMoveT"" software to obtain updated and current address information priorto

mailing, in real-time over the Internet, available 24/ 7. PMAM Mail Center Processes

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time over the Internet; available 24/ 7. This helps reduce mailings that are sent to the people that have moved. This feature helps PMAM

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Chula Vista' s alarm correspondence for ELOT and presort discounts.

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3. 24

MAIL CENTER OPERATIONS

PMP.M' s Pitney Bowes DI900 FastPacT"' system is capable of processing approximately 5. 000 pieces of outgoing first class mail per hour. The combination of mail center technology with other PMAM mail center processes allows us to complete correspondences accuretely and at a low cost. By deploying

this solution, PMAM will be able to complete Chula Vista' s mailing in a single day with SOOr accuracy. Mail Center Irrtegation AdvaMages with SmartMailer 7 Premium Software

PM.4M will use mail processes focused on speed, quality and cost reduction. PMAM' s abiliy to inte ace with Smar: MailerT"' software will help Chula Vista significanty reduce misaddressed and undeliverable mail.

Inte

ated Documerrt Prirrtir g

PMAM deploys integrated document printing to ensure that mailings can go out faster and at a lower

cosi per piece by eliminating the need to coordinate with bulk mail vendors or any other 3 0 party vendor. Pages are generated, printed, assembled, folded, inserted and mail is metered on one

system, saving significant time and Iabor. This directly reduces mailing turnaround times and costs.

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out of order pages, then automatically reprint and reins2rt damaged

Delivery'Assurance P.rocess Verffication,`-

The buili in Process Verification feature detects missing duplicated or

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addresses and saves money by rzducing undeliverable addressed

mail. PMAM will utilize LACS addressing to reduce undeliverable mail.

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LOCK BOX AND ACCOUNTS RECONCILIATION

PMAM currently processes payments with several banks like Bank of America, JP Morgan Chase, Wells Fargo, and regional banks to name a few.

PMAM will coordinate with Chula Vista' s bank of choice to setup their payment processing system. The Lxk Box will have a personalized address for the City of Chula Vista and allow for collections and

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remittances to be quickly applied to outstanding payments. Bank Lock Box solution will aflow for the

scalability required to handle Chula Vista' s payment processing requirements and will deposit remittances into City accounts fasterthan processing checks through mail.

Usually the Lock Box manager will collect all Lock Box mail from the USPS zip code sorting center nightly between 11PM - 8AM. This allows remittance processing to begin before other non- lock box enabled processes. All payment and remittances are processed the same business day. Banks keep all check and receipt archive records for 7 years.

A unique account number is assigned to the city. All remittances will be sent to this Lock Box and FAMS will interface with the electronic Lock Box remittance file information, so the accounts are

reconciled on a daily/ weekly and monthly basis.

Lock Box Sample Address Cityof Chula Vista

Alarm Services PO Box{ Number}

Chula Vista, CA 91910

3. 25. 1. 1

ALTERNATIVE PAYMENT PROCESSING METHOD AVAILABLE

PMAM offers a local Lock Box address near PMAM' s office, citizens and business owners will send

their remittance to this PO box. PMAM staff picks up the maii every morning and processes payments in a timely manner. PMAM is SAS 16E Certified for its payment handling processes. PMAM shall provide this service to the City of Chula Vista at no additiona.l cost. PMAM will integrate required payment gateways for ACH/ debit/ credit cards for the bank of Chula

Vista' s choice. This integration guarantees that payments are processed successfully at the same time, and no information regarding the credit card is kept in FAMS. This results in no liability on part of PMAM or city. Since FAMS captures all the information in real time, accounts are reconciled on an ongoing basis.

3. 26 SECURED PAYMENT PROCESSING GATEWAY

The citizen self-service portal accepts citizen payments for registrations and false alarm charges online via a secured payment gateway.

In the event the city chooses to use PO Box service of PMAM, we shall use Authorize.Net as a payment gateway hosted software application on PMAM' s server which authorizes credit card payments

between the self-service website and each credit card processor. Information such as credit rard numbers, amount, and customer name are encrypted and passed to the credit card processor, who

then processes the payment through the Visa/ MasterCard network.

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3. 27 CLIENT PROGRAM MANAGEMENT CAPABILITIES PM.AM recognizes that Chula Vista' s alarm administration services program requires the

ongoing

a

coordination

'

bztween city officials, citizens, businesses, alarm security companies, and PMAM' s teams. PMAM has significant

expertise in customer service focused delivery programs that require multi-team and multi- location operations.

3. 28

BUSINESS EFFICIENCY PROCESSES UNIQUE TO PMAM

PMAM utilizes specialized systems and processes in

various ways to improve business processing efficiency. We will implement the following tools to increase effectiveness and efficiency of the False Alarm Management program.

Ontical charac[ er reco

ition(

The Hewlett- Packard OCR translates the electronic transaction of images text into machine- editable

text. This system is integrated into FAMS software in order to perform any paper to electronic text translation.

Au[ omatic Envelope Opening stem: PMAM employs an automatic letter opener working at the speed of 16,000 letters per hour. The letter opening system can be used for any instance in which PMAM is required to receive large volumes of mail.

Predctive Dialer Coupled with FAMS Data WarehousingModule

PM.4M has iniegrated our state of the art predictive dialer wiih our FAMS data- warehousing module. This automatic dialing and messaging system can process thousands of c211s per day to remind citizens to take corrective actions to reduce false alarms, to remind paymenis required and help deliver citizen outreach messages about the alarm administretion program.

3. 29

IT PROCESSES

3. 29. 1 HOSTING tNVIRONMENT

PMAM will provide a hosted False Alarm Management solution to Chula Vista. The hosting is provided by Rackspace Hasting, a premier dedicated hosting company located in the United States. The fAMS hosiing environment is designed to deliver FAMS in an ' Always Availabte' mode to city o cials and citizens. The system is confgured to provide performance ( application response time) and reliability.

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In the case of an unavailability occurrence, Rackspace Hosting provides PMAM with the following service guarantees:

Dedicated employees at Rackspace providing 24x7x365 support 100% Network Uptime Guarantee

1- Hour Hardware Replacement Guarantee

Resoonse

PMAM FAMS servers are Load Balanced. This distributes the FAMS usage activity evenly across a computer network so that no single server is overwhelmed. If one server starts to get receive

significant transaction hits, requests are forwarded to another server with more capacity ensuring 100% uptime of Services.

Secure Clierd Transactions

FAMS' s servers are hosted with Verisign' s 132-bit SSL Certificate providing secure encrypted communication between client browsers. This security is also enforced to our server' s Payment Gateway. More About Rackspace Haatin¢

Rackspace hosting provides world class, dedicated server hosting to PMAM. FAMS system availability up time and responsiveness is directly correlated to Rackspace' s leadership in providing optimal data center and application hosting services. Since 2003, FAMS has never experienced a downtime

incident. More about Rackspace Hosting services is provided below.

Phvsical Securitv

Keycard protocols, biometric scanning protocols and round-the-clock interior and exterior surveillance monitor access to every one of our data centers.

Only authorized data center personnel are granted access credentials to our data centers. No one else can enter the production area of the datacenter without prior clearance and an appropriate escort.

Every data center employee undergoes multipie and thorough background security checks before theyre hired.

Predsion Environment

Every data center's HVAC ( Heating Ventilation Air Conditioning) system is N+ 1 redundant. This ensures that a duplicate system immediately comes online should there be an HVAC system failure.

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Every 90 seconds, all the air in our data c= nters are circulated and filtered to remove dust and contaminants.

Our advanced fire suppression systems are dzsigned to stop fires from spreading in the unlikely event one should occur.

411 cables are securely tied down with cable racks suspended from ceilings, providing dual routes for all cables.

Conditioned Power

Should a total utility pow2r outage ever occur, all of our data ceniers' power systems are designed to run uninterrupted, with every server receiving conditioned UPS ( Uninterruptible Power Supply) power.

Our UPS power subsystem is N+ 1 redundant, with instantaneous failover if the primary UPS fails.

If an e Rended utility power outage occurs, our routinely tesied, on-siie dies2l generators can run indefinitely.

Core Routin¢ FquipmeM

Onty fully redundant, enterprise-class routing equipment is used in Rackspace data ceniers.

All routing equipment is housed in a secured core routing room and fed by its own redundant power supply.

Fiber carriers can only enter our data centers at disparatz points to guard against service failure.

Network Technidans

1Ne require thai the networking and security teams working in our data centers be certified. We also require that they be thoroughly experienced in managing and monitoring enterprise level networks.

Our Certfied Neiwork Technicians are trained to the highest industry standards.

Badcuo& Recovery

Backup and recovery of data collected procedure is outlined below. Badcup Process:

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System and Integration Test are executed by the Quality Control Teams independentiy and the results tracked in the Bug tracking System. The components could only be released on production after all open issues in the Bug Tracking system have been closed.

RegressionTesting- Regression test are carried for the entire module for a Change Release. The Traceability Matriz ensures that the test suite is effectivety maintained for regression test to be conducted.

Sr. Management periodically conducts reviews with the project teams, SEPG and SQA to resolve

escalated Non Compliances by putting appropriate corrective measures in place.

3. 30 CERTIFICATIONS AND RECOGNITIONS

Additionally, PMAM has more recognized technical certifications and recognitions than any other company providing alarm administration services. To achieve our objective to constantly deliver quaiity

services to our customers and to identify further areas of improvement, PMAM has achieved the several IT Awards and certifications.

SEI CMMI Level 3 Certified

Company

Microsoft " Sequel 2005 Front Runner Status" -

Only

I

185

companies worldwide

Microsoft Gold Certified Partner

Microsoft ISV ( Independent System Vendor) - Under 12 % of Microsoft partners have achieved this level

Microsoft

Custom

Development

Solutions

Competency

Certification i- - ..

PMAM was appraised to be CMMI Level 3 and received i

-

.

.

official

designation on Octnber 24", 2008. Very few companies worldwide are able to attain this prestigious certification. This achievement is similar in scope and commitment as CALEA for law enforcement or Six Sigma protocols.

We are a MicrosoftGold Certified Partner, a designation thai is ihe highest endorsement from

Microsoft. Gold Certified Partner is earned by only a select group of elite Microsoft business partners that can demonstrete the robust, e

cient and fully scalable implementations of Microsoft

technologies. To obtain this status, developers must have the knowledge, a large inventory of skillful

people and a commitment to implement cutting edge technology that matches current business needs. None of our compeiition can claim this accomplishment.

PMAM is a Microsoft ISV( IndependentSystem Vendor) Partner, ofFicially certified as being equal to/ betterthan Microsoft' s own competency. Because of the stringentthird partyevaluation process, less than ten

ercent of Microsoft Certified Partners have earned ISV status. For your review:

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We are a proud rzcipi= nt of Microsoft' Seque12005 FroM Runner Status' a recognition granted by Microsoft to only 185 companies worldwide. This status indicates that PMAM was able io quickly siudy, build and deploy applications using the secure MS SQL Server 2005. This puts PMAM DBA' s in unique position to write the most e

cieni SQL programs to interface with CAD databas2s. Wa hav=

achieved Custom Development Solu[ ions Competen y certification by Micrasoft. This means that PMAM can provide unique customer solutions through application architecture, database design, software development and application qualityassurance.

3. 31

PUBLIC RELATIONS

The PMAM outreach tzam will create a comprehensive marketing and public relations plan in conjunction with City staff. The program is designed to publicize the alarm ordinance registretion

program to as many Chula Vista residents and businesses as possible. The plan will include program the following elements: Newspaperadvertisement

Radiojingle

Public announcements in community newspapers Water bill inserts

Finalize conteni for the animated, mulii-media education CD

Conteni of ihe False Alarm Reduction Academy Work with city to develop Commercial N ad strategy Newsletter updates and changes City wzbsite conteni

All of the above public relation efforts shall be paid by the Ciry of Chula Vista.

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PMAM wishes to provide the following pricing structure to the City of Chula Vista. We are committed to strive to provide the highest measurable return.

Facls

Operating a proactive alarm management solution requires a lot of time and money to drive higher revenue. PMAM rejects the philosophy of winning an account for the sake of adding one more City at the cheapest price, and then providing the minimum investment in the service delivered; will seldom accomplish key objectives of reducing false alarms and high revenue through permitting. We know this is not a sustainable practice.

PMAM embraces continuous improvements as a way of life. We constantly leverage best practices and make large investments in our infrastructure and technology to exceed results for our partner cities. The purchase of ATB Services was one of the direct results of this approach. Add-0n Service et No Cost

PMAM will assist the City of Chula Vista with drafting any changes/ additions to the alarm ordinance with our expert, Dan Stocking for no extra charge. PMAM acknowledges the City of Chula Vista' s requirements for timely data transfer, and there is no charge for transfer data from the city or another contractor' s database as specified in RFP# POS12/ 13, Section II- 1.

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Outline of Costs

PMAM will work with the city officials to create a comprehensive Public Relations effort to inform the

citizens of the alarm ordinance enforcement. Any PR costs involved in executing the campaign will be paid for by the City. PM.AM understands that the City of Chula Vista' s alarm program has been in existence since 1982

and they receive about 5400 alarm activations per year that are not valid emergency activations. P 1.AM wishes to provide the following pricing structure to the City of Chula Vista based on i s current ordinance. This proposal is submitted by PMAM as ihe prime vendor. PM.4M wishes to provide the following pricing struciure to the City of Chula Vsta based on its current ordinance. PMAM proposes a

revenue split with the Ciry of Chula Visia according to ihe following revenue ( total permit fees, false alarm fines, and penalties) amounts:

Total Revenue Collected

City Percentage

PMM1 Percentage

Totai permit fees, False Alarm

fines,

and

fees- 15$

5

15%

82%

1

%$200, 000

Total permitfees, FalseAlarm fines, and fees- above $ 200,000

The City of Chula Vista and PMAM shall share the revenue generated from fees, fines. and penalties as described above, with the exception of postage, to be paid by the City. By deploying the technologies as stated in the RFP response, we expect to minimize the postage expense to bulk postage rates wherever possible.

The above fee structure shall be set in the beginning of ihe program and shall continue for 12 months. Thereafter, it will again be set to zero dollars for the ne ci 12 months.

A dedicated bank account shall be opened for all deposits for the alarm fee for ihe City. PMAM shall pay for all bank charges that are incurred on this account.

Altemate Pridng PMAM understands the Citys wiliingness to look ai its current ordinance and revise it suitablyto mezt

the goals and objectives of the Police Department and citizens. PMAM shall be offering free consultation for revising the ordinance as laid out in Section 2, Scope of Work and Requirements. -

PMAM understands that with the revision of the ordinance the City will charge an annual permit fee and therefor2, while the false alarm revenue may d2cline due to false alarm reductions. ef orts undertaken by PMAM will not. The overall revenue is likely to be higher ihan the current r= venue.

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PMAM wishes to provide the following pricing structure to the City of Chula Vista after the ordinance. This proposal is submitted by PMAM as the prime vendor. PMAM proposes a revenue split with the City of Chula Vista according to the following revenue( total permit fees, false alarm fines, and penalties) amounts:

Total Revenue Collected

City Percentage

PMAM Percentage

Total permit fees, Faise Alarm fines,

and

87° 0

13%

4%

16%

fees- First$ 200, 000

Total permitfees, FalseAlarm fnes,

and

fees- above $ 200, 000

The City of Chula Vista and PMAM shall share the revenue generated from fees, fines, and penalties as described above, with the exception of postage, to be paid by the City. By deploying the technologies as stated in the RFP response, we expect to minimize the postage expense to bulk postage rates wherever possible.

The above fee structure shall be set in the beginning of the program and shall continue for 12 months. Thereafter, it will again be set to zero dollars for the next 12 months.

A dedicated bank account shall be opened for all deposits for the alarm fee for the City. PMAM shall payfor all bank charges that are incurred on this account.

4. 1

OUR PRICING APPROACH

PMAM wishes to express that while the software componenis are important, a meaningful reduction

in false alarms and the resulting increase in revenue shall be possible due to PMAM' s several years of experience in executing similar projects and constantly innovating by paying attention to the details of various processes. Our integrated managed services approach with the objectives of false

alarm reduction and increased compliance and revenue due to the City with outstanding citizen service give the citythe best opportunity to have measurable results. Our pricing proposal provides the lowest overhead costs to the City while positioning PMAM to have a balanced incentive to drive down false alarms and achieve the highest ordinance compliance possible. Our approach focuses on

making sure that the best results are obtained, and that those results are measurable. Therefore, we

believe the City of Chula Vista will benefit greatly by our total tum- key solution approach. PMAM has a track record of increasing the revenue that is due to the city within a short period of . time. PMAM has consistently demonstrated this trait in small and very large communities alike. In order to accomplish this goal of higher revenue PMAM deploys processes that impose high financial

burden on PMAM at the front- end; howeverthese processes yield extremely favorable results. We are sure that Citywill recognize this fact in awarding this RFP. Sometimes lowest price may yield overall less revenue to the City

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Chula Vista

A Comolete Tum-Kev Solution

Everything that is laid out in this proposal will be provided as a turnkey solution. PMAM is totalry unique in that it provides an unmatched ci zen experience in each of our citys custom

citizen portals. Immediately upon logging on to the city website, the citizen is guided through the false alarm payment with zn animated video guide, complete with sound. In less than five minutes, the

citizen can learn and conduct any business that ihey choose including' Apply for new permits', ' Pay for outstanding bilis', ' Change their contact details', ' Check for any ou[ standing bills" and ' Know the past history of false alarms at their location'.

This sophisticated application has demanded a considerable amount of money, time and effort on the part of PMAM. Our partner cities have expressed that they constantty get appreciation from their citizens for being able to conduct so many funciions from the comfort of their laptops. Please check: h ios:// wM1Vw. hou5or bu rEl-c ra la rm oermitS. orE

4. 2

CONTRACT STATEMENTS

PMAM submits this proposal for an initial term of one( 3) calendar yzars. The City shall reserve the option of renewing the Agreement under the same terms and conditions, as specified in the RFQ, Section 1, Request for Qualifications.

Termination by Contractor in the Event of Permit Fee Reduction by City Ordinance ( after the permit fee is introduced after the first revision)- Should the City change its ordinances during the term of the Agreement which provide for a reduction in the permit fees, and or related fines and charges, PMAM

reserves the express right to reenter inio good faith negotiations with the City to modiry the fee schedule and pricing accordingly, and shall give the City written notice of its desire to so renegotiate.

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Pursuant to City Council Policy 101- 1, prior to any action on a matter that requires

discretionary action by the City Council, Planning Commission or other official legislative

body of the City, a sfatement of disclosure of cerfain ownerships, financial interesfs, payments, and campaign contributions must be filed. The following information must be disclosed:

1.

Lisf the names of all persons having a financial interest in the project that is the subject of the application, project or contract e. g., owner, applicant, contractor, subcontractor, material supplier.

PnnAM Corporotion

2. If any person' identified in section 1 above is a corporation or partnership, list the names of all individuals with an investment of$ 2000 or more in the business

corporation/ partnership) entity. Manima Kumar- President

3. If any person` identified in section 1 above is a non- profit organization or trust, list the names of any person who is the director of the non- profit organization of the names of the trustee, beneficiary and trustor of ihe trust. N/ A

4. Please identify every person, including any agents, employees, consultants, or independent confractors, whom you have authorized fo represent you before

the City in this matter. Pankaj Kumar,

5. Has any person" identified in l, 2, 3, or 4 above, or otherwise associated with this contract, project or application, had any financial dealings with an official*' of the City of Chula Vista as it relates to this contract, project or applicafion within the

past

12

months?

Yes_

No_ X_

If yes, briefly describe the nature of the financial interest the official" may hcve in this contract.

6.

Has any person' anyone identified in l, 2, 3, or 4 above, or othenvise associated with this contract, project or application, made a campaign contribution of

more than $250 within the past twelve ( 12) months to a current member of the

Chula Vista City Council? Yes_

No_ X_

If yes, which Council member(s)?

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7. Hos any person' onyone identified in l, 2, 3, or 4 above, or otherwise associoled

wiih this contract, project or applica ion, provided more That$ 420{ or an item of

equivalent value) to an official" of the Ciiy of Chula Vista in ihe post twelve ( 12) monihs? (This inciudes any payment ihat confers a personol benefit on the

recipient, a rebate or discount in fhe price of anything' of voiue, money to re ire o legal debt, giff, loan, etc.)

Yes_

No_X_

If yes, which official" and whol was he natvre of item provided

8. Has any person' anyone identified in l, 2, 3, or 4 above, or oiherwise associated wifh this contraci, projeci or appficoiion, beer, a source of income of$ 500 or

more to an official" of the City of Chula Vista in ihe past iwetve { 12)" months? Yes

No X

If yes, identify the officiol"' and the nature of the income provided.

Dofe: 8 16

13

Signature oi Contractor/ Applicant

Pankaj Kumar

Chief ExecuUve Officer

Print or type name of Conhacior/ Applicant

Person is defined as: any individual, firm, co-partnership, joini venture, associaiion, social club, traiemal organizofion, corporation, esiate, trust, receiver, syndcate, any other county, city, municipolily, distric, or other polifical subdivision, or any other group or combination acting as a unit.

O ficial includes, but is not limited to: Moyor, Councii member, ?lanning Commissioner, Member of a board, commission, or committee of the City, and City employees or staff inembers.

This Disclosure Statemenf must be completed af ihe time the project app6cation,

or confract, is submitted fo Ci y staff for orocessing, and

pdated within one week prior

10 consideration by the legislative body.

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All Candidates must complete this Candidate' s Ceriification Form. It m st be signed by individuals duly authorized to execute such documents by iheir respective organizations.

Outstanding Judgments: The undersigned has/ hove never had any unfavorable judgmenfs or bankrupicies and are not currently involved in any pending lawsuits or judgment or bankruptcy involving themselves or any entiTy in which ihey have been or are now involved

or

The undersigned have attoched to this Cerfification Form a complefe description of any and all bankruptcies, unfavorable judgments and/ or pendi g lawsuits involving themselves or any eniity in which ihey have been or are now involved.

j

Pankaj Kumar hief Execytive pffcer

Name, Title, Dote

Name, Title, Date

PMAM Corporation Organizaiion

Organization

AvallabHlty of Principal Staft: 7he undersigned will make the following principol staff available through the entire course of the Coniract for Services.

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Name, Title, Date

Pankaj Kumar Chief ExecuUve Officer

Name, Title, Date

PMAM Corporotion

Organization

Organization

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Glohal Cammerrial Banking

Fe6ruary il,2013 i'

To Whom It May Concern:

PMAM Corporation was founded in 1999 and is a privately held corporatio.

The company has an established

banking relatio ship with Bank of America and as of today is in good standing with our bank. They have always paid as agreed and mainiained an excellent credit and depository relationship with us.

Please feel free to mntad me with any further questions or concems. Th i

nk you,

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Vice President

Business Banking 15301 N. Da11as Parkway ri850 Addison, Texas 75001

972 455- 5837

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s.:

COUi' CIL RESOLU7-ION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITI' OF CHULA

VISTA

ACCEPTIIvG

BIDS.

A\'' ARDII' G

A

CONTRACT FOR SERVICES TO PMAI 7 CORPORATION TO PROVIDE SECURITY ALARI 4 MANAGEMEI' T SERVICES. AI' D

APPRO\%ING

THE

AGREEAIEI' T

FOR

SECURITY

ALARI 4 A4AI' AGE 4EI T SERVICES BET 4' EEN THE CITY Al' D PA fAM CORPORATION 0' HEREAS, the Chula Vista Police Department seeks to reduce police dispatches to false

securitv alarms; Hrith the eoals of improvina public safen services, improvina operational efficiency,- and increasing proactive time for patrol officers; and jHEREAS, on A4av 28; 20li, the Chula Vista Citti Council unanimouslv approved the

first reading of a proposed ne ordinance, Chula Vista D4unicipal Code Section 9. 06. Securitv Alarms; which implements best practices for reducina police dispatches to false security alarms; and

WHEREAS, staff recommended to the Citv Council that the City hire a third-party administrator to manage the ne v securih alarm program; and

l' HEREAS, a third- pam admirustrator vill be tasked

ith manaeement sen ices such as

permitting. collectin fees and fines online, providine education to prevent false alarms, and tracking and billing for false alarms; and VHEREAS, the Cit

recentiv issued a Request for Proposal nP08- 12/ li (RFP) for firms

to submit their qualifications and methodoloQies to provide manaeement sen ices for the ne V

V

securitti alarm program; and

T% HEREAS, t vo firms responded to the Cih' s RFP, Pn 1n4 Corporation and Cry\ rolf False Alarm Solutions: and

W HEREAS, follo ing a cazeful revie v of the proposals submitted in response to the RFP, staff recommends contractine

vith PMAi 4 Corporation to administer the Citv s ne v

securitti alarm proeram; and

l I-IEREAS, although both respondents presented almost identical programs and aze

eaperienced and highlti qualified; Pn4AM presented a more fa orable revenue- sharing proposal; and

HEREAS, the RFP' s pricin2 comparison

Wnome} iCarol Trujdla EC\'

1Resolmion-

PMM1

ageement

9- 2i- 13 CA'

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as as follo

s:

Resolution No.

Page 2 FALSE ALARM PRICING COMPARISON RFP# P08- 12/ 13 q;,',,

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Assumes highest collection amount for each category 200, 001 - $ 400, 001 - $ 200, 000

S

PMAM'

$ 400, 000

30, 000

5

Total

Running

15% .

VendorPercentage

Running Total

5

CryWolf

Running

50, 000

66, 000 $

129, 000 $

18%

32, 000 $

56, 000 $

58, 000 $

114, 000 $

16%

40, 000

$

90, 000 $

Total

VendorPercentage

63, 000 $

16%

13%

Vendor Percentage

25%

45, 000 $

15%

174, 000

174, 000 18%

40, 000 $

154, 000

154, 000 16%

37, 500 $

52, 500 $ 142, 500 $

20%

TOTAL IF

$ 1, 000, 000 $ 1, 000, 000

36, 000 $

18%

26, 000 $

PMAM

$ 750, 000

750, 000 -

180, 000

180, 000 15%

Proposed Pre-Ordinance Acceptance

2 Proposed Post- Ordinance Acceptance

WHEREAS, PMAM Corporation included two pricing proposals based upon the current ordinance and the proposed new ordinance, and bofh had lower costs than CryWolf' s proposal; and

WHEREAS,

PMAM

Corporation'

s

proposal

is

approximately $ 26, 000

less

than

CryWol£ s, based on the projection listed above; and WHEREAS, PMAM Corporation' s Vendor Percentage was lower than CryWolfs:

PMAM' s 13 percent of amounts collected up to $ 200, 000, compared to CryWolf' s 25 percent; PMAM' s 16 peicent of amounts collected from $ 200, 001 to $ 400, 000 compared to CryWolfs 20 percent; PMAM' s 16 perceut of amounts collected from $ 400, 001 to $ 750, 000 compared to

CryWolfs

15 percent; and PMAM` s

16 percent of amounts

collected from $ 750, 001

to

I; 000, 000 compared to Cry\ ol£ s 15 percent; and WHEREAS, in addition to lower costs and more favorable revenue- sharing, PMAM Corporation also offers a secure'« ebsite that security alarm permit holders may access to pay permit fees or false alarm fines with a credit or debit card; customer service to educate alarm

permit holders about the City' s new security alarm ordinance; a false- alarm education course that

permit holders may complete in lieu of paying a fine for a first-time false security alarm. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts bids and a

ards a contract for services to PMAM Corporation to provide

security alarm management services; and

BE IT FURTHER RESOLVED that the City Cow cil of the City of Chula Vista appro es the Agreement for False Alarm Management Services between the City and PMAM Corporation,

7- 142

Resolution I' o. Pase 3

in tbe form presented, as ma have been modified by the Council prior to its approval and mith such minor modifications as may be required or approved by the Cirv Attornev, a copy of« fiich shall be kept on file in the Office of the Cit} Clerk, and authorizes and directs the Mayor to execute same.

Presented b}

Approved as to form bv

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David Bejazano

Glen R. Gooeins

Chief

City Attomey

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