HomeMy WebLinkAbout2001-03-20; City Council; 16118; False Alarm Tracking And Billing ServicesCITY OF CARLSBAD - AGENDA BILL
iB# I& \ig TITLE:
JITG. +2&o 1 Agreement with Municipal Alarm Tracking for
False Alarm Tracking and Billing Services.
IEPT. POliCe
DEPT. HD.
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. &Jo \ -& authorizing the Mayor to execute a contract with Municipal
Alarm Tracking to provide false alarm tracking and billing services, and ratifying any services
performed by the company for the City on or after September 12,200O.
ITEM EXPLANATION:
Municipal Alarm Tracking has provided the City with false alarm tracking and billing services
since September 12, 1996. The contract expired September 11, 2000. Since that date,
Municipal Alarm Tracking has continued to provide services without the benefit of a contract.
The required Request for Proposal was sent to five vendors seeking their interest in providing
alarm tracking and billing services. Only two providers responded. EDS Corporation of Ranch0
Cordova, California sent a letter indicating that they are not interested in providing the services
at this time. The other response came from Municipal Alarm Tracking of Valley Center,
California expressing their interest in continuing to provide the service.
It is the recommendation of staff that the City execute a one-year contract with Municipal Alarm
Tracking Services with the option of extending the contract for three additional one-year terms.
City staff is currently exploring the idea of eventually tasking City’s Finance Department with
providing these services.
FISCAL IMPACT:
Municipal Alarm Tracking Service’s fee is forty percent of all violation fees collected, and the
cost of postage for mailing notices on behalf of the City of Carlsbad. Alarm violator fees that will
be collected by the service provider for the 2001/2002 fiscal year are estimated to be $100,000
of which forty percent or $40,000 will be paid to the provider and sixty percent or $60,000 will be
paid to the City.
ENVIRONMENTAL REVIEW:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15378, this
matter does not constitute a “project” within the meaning of CEQA and, therefore, does not
require environmental review.
EXHIBITS:
1. Resolution No. dm\ -ab
2. Agreement
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RESOLUTION NO. 2001-86
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND MUNICIPAL ALARM TRACKING
FOR ALARM TRACKING AND FEE COLLECTION.
WHEREAS, City requires the services of an Alarm Tracking and Fee Collection
Contractor; and
WHEREAS; Contractor possesses the necessary skills and qualifications to
xovide the services required by the City; and
WHEREAS; Contractor has been providing the services required by the City since
September 12,2000, without the benefit of an agreement; and
WHEREAS; the City desires to ratify any services performed by Contractor without
.he benefit of an agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, as follows:
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That the above recitations are true and correct.
That the Mayor is authorized to sign the agreement with Municipal
Alarm Tracking attached as exhibit “A”.
That any alarm tracking and fee collection services performed by
Municipal Alarm Tracking since September 12, 2000, are ratified.
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2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the
3 City Council of the City of Carlsbad, California, held on the 20th day of
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5 March 9 2001, by the following vote, to wit:
6 AYES: Council Members Lewis, Kulchin, Nygaard and Hall.
7 NOES: None.
8 ABSENT: Council Member Fin
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15 (SEAL)
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THIS AGREEMENT is made and entered into as of the 23rd day of
March I 20&, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City”, and Municipal Alarm Tracking Services, a
Sole Proprietor, hereinafter referred to as “Contractor”, and is effective as of September
12, 2000 (“effective date”).
RECITALS
WHEREAS, City requires the services of an Alarm Tracking and Fee Collection
Contractor; and
WHEREAS; Contractor possesses the necessary skills and qualifications to
provide the services required by the City; and
WHEREAS; Contractor has been providing the services required by the City
since September 12, 2000, without the benefit of an agreement; and
WHEREAS; the City desires to ratify any services performed by Contractor
without the benefit of an agreement.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
During the term of this agreement Municipal Alarm Tracking will perform
alarm tracking and violator fee collection. These services will include: .
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2.
A. Construction and maintenance of a data base system for:
The tracking of false alarm occurrences
The maintenance of alarm permit files
The issuance of false alarm violation notices
The collection of false alarm fees
The accounting of all money collected on behalf of the City
B. Maintenance of a telephone inquiry service for the inquiry by
alarm violators of:
The general nature of the City’s alarm ordinance
The debits, credits and balance of a violators account
C. The timely deposit of all fees collected on behalf of the City
D. A monthly accounting to the City of all fees collected
E. The preparation of monthly management reports for the City as
requested.
CITY OBLIGATIONS
The City shall:
Supply the following information and materials to Municipal Alarm
Tracking:
1. A list of all alarms deemed false by the City and subject to
violation fees. Including the following information:
Date and time of alarm
Name of business or residence in violation
Address of business or residence in violation
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Type of alarm
Primary responding officer
Reason alarm was activated
2. Copies of the City’s alarm ordinance or any other mailer
that is to accompany alarm violation notices and invoices.
3. Necessary City of Carlsbad letterhead stationary and
glassine address windows.
4. The name of a City contact employee to whom alarm
violators questions regarding the specifics of a submitted
violation can be referred.
3. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall not exceed $40,000,
annually. Municipal Alarm Tracking will present an invoice to the City on or about the
IO* of each month for alarm tracking and violator fee collection. The fee will be
composed of forty percent of all violation fees collected for the previous month and the
cost of postage for mailing notices on behalf of the City which do not contain a request
for the payment of fees. No other compensation for services will be allowed except
those items covered by supplemental agreements per Paragraph 6, “Changes in Work.”
Incremental payments, if applicable, should be made as outlined in attached Exhibit “A.”
4. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) year from the effective date.
The contract may be extended by the City Manager for three (3) additional one (1) year
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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.
5. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
6. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.1’72. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement. .
7. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Contractor, to
solicit or secure this agreement, and that Contractor has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting
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from, the award or making of this agreement. For breach or violation of this warranty,
the City shall have the right to annul this agreement without liability, or, in its discretion,
to deduct from the agreement price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
8. ANTI-DISCRIMINATION AhiD ANTI-HARASSMENT CLAUSE
The Contractor shall comply with all applicable state and federal laws and
regulations prohibiting discrimination and harassment.
9. TERMINATION OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City, any money collected on behalf of the City, and all work
in progress to the police department. The police department shall make a
determination of fact based upon the documents delivered to City of the percentage of
work which the Contractor has performed which is usable and of worth to the City in
having the contract completed. Based upon that finding as reported to the City
Manager, the Manager shall determine the final payment of the contract.
This agreement may be terminated by either party upon tendering ninety (90)
days written notice to the other party. In the event of such suspension or termination,
upon request of the City, the Contractor shall assemble the work product and put same
in order.for proper filing and closing and deliver said product to City. In the event of
termination, the Contractor shall be paid for work performed to the termination date;
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however, the total shall not exceed the lump sum fee payable under paragraph 4. The
City Manager shall make the final determination as to the portions of’tasks completed
and the compensation to be made.
10. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 et seq., the False Claims Act, provides for
civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five years. The Contractor acknowledges debarment
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor
from the selection process. (Initial) E (Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and
3.32.028 pertaining to false claims are incorporated herein by reference.
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p (Initial) KL (Initial)
11. JURISDICTION
The Contractor agrees and hereby stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this
agreement is San Diego County, California.
12. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own
way as an independent Contractor and in pursuit of Contractor’s independent calling,
and not as an employee of the City. Contractor shall be under control of the City only
as to the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or its employees or subcontractors. The City
shall not be required to pay any workers’ compensation insurance or unemployment
contributions on behalf of the Contractor or its employees or subcontractors. The
Contractor agrees to indemnify the City within 30 days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers’
compensation payment which the City may be required to make on behalf of the
Contractor or any employee or subcontractor of the Contractor for work done under this
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agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
13. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
14. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Contractor shall have the right to make one (1) copy of the plans for its records.
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15. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all
claims to such copyrights in favor of City.
16. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorneys fees arising out of the performance of the
work described herein caused by any willful misconduct, or negligent act, or omission of
the contractor, any subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable.
17. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
18. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor’s subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the ‘terms of this contract applicable to Contractor’s work unless
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specifically noted to the contrary in the subcontract in question approved in writing by
the City.
19. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
approving of this agreement, shall ‘become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any part thereof.
20. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
City, either before, during or after the execution of this contract, shall affect or modify
any of the terms or obligations herein contained nor entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
21. SUCCESSORS OR ASSIGNS
Subject to the provisions of ‘Paragraph 16, “Hold Harmless Agreement,” all
terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
22. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and the
City’s conflict of interest code, that the Contractor will not be required to file a conflict of
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interest statement as a requirement of this agreement. However, Contractor hereby
acknowledges that Contractor has the legal responsibility for complying with the
Political Reform Act and nothing in this agreement releases Contractor from this
responsibility.
23. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of California. The insurance carrier is required to have a
current Best’s Key Rating of not less than “A-W” and shall meet the City’s policy for
insurance as stated in Resolution No. 91-403.
A. Coverages and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
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2. Automobile Liability (if the use of an automobile is involved for
Contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily
injury and property damage.
3. Workers’ Compensation and Employer’s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
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and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
24. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
For City:
For Contractor:
Title: Police Captain
Name: City of Carlsbad Police Department Captain Metcalf
Address: 2560 Orion Way, Carlsbad CA 92008
Title: Owner
Name: Thomas or Kathleen Causey
Address: PO Box 560, Valley Center CA 92082
25. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad -Business License for the
duration of the contract.
26. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, along with the purchase order for this contract and its provisions,
embody the entire agreement and understanding between the parties relating to the
subject matter hereof. In case of conflict, the terms of the agreement supersede the
purchase order. Neither this agreement nor any provision hereof may be amended,
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rev, 4124100
modified, waived or discharged except by an instrument in writing executed by the party
against which enforcement of such amendment, waiver or discharge is sought.
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Executed by Contractor this day of
CONTRACTOR: j$&&&/ &‘&.j/
(name of Contractor)
ATTEST: n
(Proper notarial acknowledgment of execution by Co%tractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or
assistant treasurer must sign for corporations. Otherwise, the corporation must attach a
resolution certified by the secretary or assistant secretary under corporate seal
empowering the officer(s) signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY: fd/&%&+
Deputy City Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of 13,//J&; a
County of AL-d ,.d ICQ
On ,&&-Y &? ZUQ/ before me,
FATE ‘
personally appeared
NAME(S) OF SIGNER(S)
Rpersonally known to me - OR - @ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/e
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her@ authorized
capacity(ies), and that by his/hem
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
,I 7
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
0 PARTNER(S) 0 LIMITED
17 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
; ;;;W&lAN/CONSERVATOR
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTID’(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184