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Home My WebLink About1996-09-10; City Council; Resolution 96-296L L 1 2 3 4 5 ' 7 8 9 10 11 12 13 14 I-5 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 96-296 A RESOLUTION OF THE CITY COUNCIL APPROVING FALSE ALARM TRACKING AGREEMENT WITH MUNICIPAL ALARM TRACKING OF THE CITY OF CARLSBAD, CALIFORNIA, WHEREAS, the City of Carlsbad, California does hereby resolve as follows: 1. The Alarm Tracking and Billing Agreement, attached hereto as Exhibit Number 2, between the City of Carlsbad and False Alarm Tracking is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad, California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 10th day of September , 1995, by the following vote to wit: AYES: NOES: None ABSENT: Council Member Finnila Council Members Lewis, Nygaard, Kulchin, and Hall ATTEST: ALe (SEAL) iuTgK* w e Alarm Tracking and Billing Service Agreement This Agreement is made by Municipal Alarm Tracking (M.A.T.) and the City of Carlsbad with its principal office at 2560 Orion Way, Carlsbad California 92008-7280, effective this 12 t h which Municipal Alarm Tracking will provide alarm tracking and violator fee collection for the City of Carlsbad. In consideration of mutual obligations specified in this agreement, and any compensation paid by the City of Carlsbad to Municipal Alarm Tracking for its services, the parties agree to the following I. Services provided by Municipal Alarm Tracking During the term of this agreement Municipal Alarm Tracking will perform alarm tracking and violator fee collection. These services will include: day of , 1996, for the purpose of setting forth the exclusive terms and conditions by September A. Construction and Maintenance of a data base system for: 1. the tracking of false alarm Occurrences 2. the maintenance of alarm permit files 3. the issuance of false alarm violation notices 4. the collection of false alarm fees 5. the collection of alarm permit fees 6. the accounting for of all moneys collected on behalf of the City of Carlsbad 1. the general nature of the City of Carlsbad alarm ordinance 2. the specific debits, crdts and balance of a violators account B. mntenance of a telephone inquiry service for the inquiry by alarm violators of : C. The timely deposit of all fees collected on behalf of the City of Carlsbad. D. A monthly accounting to the City of Carlsbad of all fees collected by the 10th of E. The preparation of monthly management reports for the City of Carlsbad as the month for the previous month. requested. 11. City of Carlsbad Duties The City of Carlsbad shall: A. Supply the following information and materials to Municipal Alarm Tracking: violation fees. Including the following exact information: 1. A listing of all alarms deemed false by the City of Carlsbad and subject to a. date and time of alarm b. name of business or residence in violation c. address of the business or residence in violation d. typeof alarm e. primary responding officer f. reason alarm was activated W 0 2. Any data which the City of Carlsbad wishes to load into Municipal Alarm Trackings' data base whch will provide a hstory of alarm violations prior to contracting with Municipal Alarm Tracking. 3. Copies ofthe City of Carlsbad alarm ordinance and any other mailer that is to accompany alarm violation notices and invoices. 4. Necessary City of Carlsbad letter head stationary and envelopes with glassine address windows. 5. The name of a City of Carlsbad contact employee to whom alarm violators questions regarding the specifics of a submitted violation can be referred. 111. Indemnification Municipal Alarm Tracking agrees to take all necessary precautions to prevent injury to any persons (includmg employees of the City of Carlsbad) during the term of this Agreement and shall indemnify and hold the City of Carlsbad and its employees harmless against all claims, losses, expenses (includmg reasonable attorney's fees) resulting in any way, from any act, omission or negligence on the part of the Municipal Alarm Tracking Company in the performance or failure to perform the Scope of Work under this Agreement, excepting only those losses which are due solely and directly to the City of Carlsbad negligence. IV. Payments to Municipal Alarm Tracking Municipal Alarm Tracking will present an invoice to the City of Carlsbad on or about the 10th of each month for alarm tracking and violator fee collection. The fee will be composed of 1. Forty percent (40%) of all alarm permit fees collected for the previous month. 2. Forty percent (40%) of all violation fees collected for the previous month. 3. The cost of postage incurred by Municipal Alarm Tracking for mailing notices on behalf of the City of Carlsbad which do not contain a request for the payment of fees. V. Termination Either Municipal Alarm Tracking or the City of Carlsbad may terminate this Agreement in the event of a material breach of the Agreement which is not cured within thirty (30) days of written notice to the other of such breach. Either Municipal Alarm Tracking or the City of Carlsbad may terminate this Agreement without cause with a ninety (90) days written notice to the other party. VI. Property of the City of Carlsbad All documents, records, tapes, information supplied by the City of Carlsbad to Municipal Alarm Tracking is agreed to be and to remain the sole property of the City of Carlsbad. Municipal Alarm Tracking agrees W 0 to return the physical evidence of same supplied by the City of Carlsbad to the City of Carlsbad no later than forty-five (45) days following termination of this Agreement. Within such period, the City of Carlsbad may make arrangements with Municipal Alarm Tracking for the transmission of such data to the City of Carlsbad. Costs associated with the transmission of data to the City of Carlsbad will be minimal in nature and limited to those directly associated with supplies used or directly incurred by the transmission of the data such as postage. If termination of this document is by Municipal Alarm Traclung, then Municipal Alarm Tracking will waive all costs set out in this paragraph. WI. Compliance with applicable laws Municipal Alarm Tracking warrants that the service and work performed under this Agreement complies with all or will comply with all applicable United States laws and regulations. VIIP. Confidentiality The City of Carlsbad agrees to keep confidential the procedures, approaches and trade secrets. Municipal Alarm Tracking agrees to keep confidential the data supplied it by the City of Carlsbad except if same is delivered to or released to a third party or parties at the request of the City of Carlsbad or as reasonably anticipated in order to supply the herein services to the City of Carlsbad. Municipal Alarm Tracking shall not be obligated to keep private data which has entered public knowledge or which may legally be obtained through third parties, or to keep confidential techniques developed solely by Municipal Alarm Tracking or jointly with the City of Carlsbad regarding this subject of this Agreement. IX. Independent Contractor Municipal Alarm Tracking is an independent contractor, is not an agent or employee of the City of Carlsbad and is not authorized to act on behalf of the City of Carlsbad outside of those acts already delineated. X. Duration of Agreement This agreement shall extend for a period of one year from date thereof. The contract may be extended by the City Manager for three additional one (I) year periods or parts thereof, based upon a review of satisfactory performance and the City’s needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. XI. General This Agreement may not be changed unless mutually agreed upon in writing by both parties. In the event any provision of this Agreement is found to be legally unenforceable, such unenforceability shall not prevent enforcement of any other provision of this Agreement. 0 \ Municipal Alarm Tracking is responsible to insure that all of its employees adhere to the terms and conditions of this Agreement. This Agreement shall be governed by the Laws of the State of California. IN WITNESS WHEREOF, the parties here to have executed this Agreement. Excuted by Contractor this -25 day of I / ATTEST: City Clerk Proper notarial acknowledgment of execution by Contractor must be attached APPROVED AS TO FORM: RONALD R. BALL m e t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 6 beforerne, Pari1 V. Mcwt. Nntarv PIlhlic Name end i7Ue of Office; (0.p.. 'Jane Doe,"Nolaly Pubkq 0 pX3Yla& known to'me - OR -$proved to me on the basis of satisfactory evidence to be the person(s, whose name(s)bare subscribed to the within instrumen ---- -_ nough the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 0 Individual 0 Corporate Officer 0 Partner - 0 Limited 0 General 0 Corporate Officer 0 Attorney-in-Fact 0 Guardian or Conservator 0 Guardian or Conservator Signer Is Representing: Signer Is Representing: Reorder: Call Tdl-Free 1.800