AGENDA
ITEM
16 AGENDA
CALEXICO California ITEM
CALITORNIA AND MEXICO MEET
16 CITY COUNCIL
AGENDA STAFF REPORT
DATE: October 2, 2024
TO: Honorable Mayor and City Council
APPROVED BY: Juan Contreras, Acting City Manager JAC
REVIEWED BY: Sandra I. Fonseca, Interim Finance Director Ot Denise Garcia, Human Resources DY
PREPARED BY: Armando Orozco, Police Chief AO
SUBJECT: It is recommended that the City Council approve the resolution authorizing an Agreement Between the City of Calexico and MAM Corporation for Security Alarm Management
Recommendation:
It is recommended that the City Council approve the resolution authorizing an agreement between the City of Calexico and PMAM Corporation for security alarm management services, to be funded through a revenue-sharing model.
Background:
The City of Calexico has had an ordinance governing the administration and enforcement of emergency alarm systems since 1996 (Chapter 5.70). Key points from Chapter 5.70 include:
• Purpose and Intent (5.70.010): The ordinance aims to reduce false alarms, prevent waste of tax dollars, and ensure emergency resources are available for real emergencies. • Definitions (5.70.020): Clarifies terms related to alarm systems, such as "false alarm," "emergency alarm system," and "alarm business."
• Alarm Business and Agent Responsibility (5.70.030): Requires alarm businesses to be registered with the state and prohibits direct dial telephone devices. • Mandatory Response (5.70.060): Alarm users must respond to the scene within 30 minutes of notification.
City of Calexico City Council Meeting
Agreement Between the City of Calexico and PMAM Corporation for Security Alarm Management - September 18, 2024. Page 1 of 3 • Service Fees (5.70.070): Imposes fees for false alarms in excess of four during a calendar year.
The intent of this ordinance is to reduce false alarms, which waste law enforcement resources and create potential hazards for the public. Historically, the monitoring and enforcement of alarm permits were managed by police personnel. However, due to a decrease in personnel, the ability to effectively monitor alarm permits has significantly diminished.
Discussion and Analysis:
False alarms constitute a substantial portion of the emergency calls to which the Calexico Police Department responds. These false alarms lead to inefficient use of law enforcement resources and can result in slower response times to actual emergencies. By partnering with PMAM Corporation, a company specializing in security alarm management, the city aims to improve the administration of alarm permits and reduce the incidence of false alarms.
PMAM Corporation will be responsible for managing alarm permits, monitoring compliance, and administering fines for false alarms. The services provided by PMAM will include notifying alarm users of violations, collecting fees, and providing comprehensive reporting to the city. This partnership will not only enhance public safety but also generate revenue for the city through a revenue-sharing model, wherein PMAM will be compensated based on a percentage of the fines Given the current constraints on police personnel, partnering with PMAM Corporation will enhance the city's ability to enforce the ordinance, reduce false alarms, and generate revenue to support public safety initiatives.
Fiscal Impact:
The fiscal impact of this agreement is expected to be positive. By outsourcing the management of alarm systems to PMAM Corporation, the city will reduce administrative costs and increase revenue through the collection of fines for false alarms. PMAM will be compensated through a revenue-sharing agreement, ensuring that their payment is directly tied to the funds generated from the services provided.
City of Calexico City Council Meeting
Agreement Between the City of Calexico and MAM Corporation for Security Alarm Management - October 2, 2024. Page 2 of 3 COORDINATED WITH:
City Manager's Office, Juan Contreras
Finance Department, Sandy Fonseca
City Attorney's Office
ATTACHMENTS
Attachment A - City Ordinance 5.70
Attachment B - Agreement between the City of Calexico and PM AM Corporation.
Attachment C- Resolution Form
City of Calexico City Council Meeting
Agreement Between the City of Calexico and MAM Corporation for Security Alarm Management - October 2, 2024. Page 3 of 3
ATTACHMENT -A
:
9/5/24, 12:55 PM Calexico, CA Code of Ordinances
5.70.010"- Purpose and intent.
A. The majority of burglary and holdup alarms to which law enforcement responds are false. Such alarms result in an enormous waste of manpower, and the large percentage of false alarms may lull law enforcement officers and the public into a false sense of security.
B. 'Alarm systems which automatically and directly dial any emergency telephone number are prone to be activated by electrical failures or other events having no connection with criminal activity, and tie up such emergency telephones making them unavailable to receive genuine emergency calls.
C. The danger to the public created by false alarms and the attendant emergency response is unnecessary and hazardous.
D. The waste of tax dollars through false alarm response must be reduced.
E. The intent of this chapter is to reduce false alarms by establishing performance criteria for alarm systems within the city.
F. The city is empowered to enact the ordinance codified in this chapter according to the provisions • of California Business and Professional Code Section 7592.8. (Ord. 960 (part), 1996)
5.70.020 - Definitions.
For the purpose of this chapter the following words and phrases shall mean:
A. "Alarm agent" means any person who is employed by an alarm business either directly or indirectly, whose duties include any of the following: selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing on or in any building, structure or facility, any alarm system.
B. "Alarm business" means the business by an individual, partnership, corporation or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing on or in any building, structure or facility.
C. "Alarm system" means any mechanical or electrical device which is designed or used for the detection of an unauthorized entry into a building, structure or facility, which emits a sound or transmits a signal or message when actuated that is intended to evoke a Calexico police department response. The term includes devices of several types in a single location and constitutes an alarm system.
D. "Burglary alarm system" means any device which is designed or used for the detection of intrusion into a building, structure or facility, which detection causes a local audible alarm or the transmission of a related signal or message, which is used to evoke a Calexico police L
department response.
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9/5/24, 12:55 PM Calexico, CA Code of Ordinances
E. "Direct dial telephone device" means any device, including tape dialers, which will automatically dial a telephone number maintained by the Calexico police department.
F. "Emergency alarm system" means any device which is designed or used to alert, either directly or indirectly, personnel of the Calexico police department to any emergency situation.
G. "False alarm" means any activation of an alarm system by failure, malfunction, accidental tripping, improper use, misuse or negligent maintenance by the owner or lessee of the alarm system or his employee or agent or any other activation of an alarm system that results in the response of the Calexico police department where an emergency situation does not exist, except excusable alarms caused by severe weather conditions, telephone line malfunctions, or any factor over which the permittee alarm company and the Calexico police department lack control.
H. "Local alarm system" means any audible alarm system which can be heard from the exterior of any structure.
I. "Panic alarm" means any device designed or used for the purpose of alerting personnel of the Calexico police department, either directly or indirectly, to the commission of à crime involving potential death or serious injury at a particular location.
J. "Robbery alarm system" means any device designed or used for the purpose of alerting personnel of the Calexico police department, either directly or indirectly, to the commission of a crime involving potential death or serious injury at a particular location. (Ord. 960 (part), 1996)
5.70.030 - Alarm business and agent responsibility.
A. No person shall maintain an alarm business in the city without having previously registered as required by the state of California. Any person acting as an alarm agent or responding alarm agent must carry his registration card issued by the state of California while engaged in alarm agent activities and shall display such registration card to the chief of police or his representative upon request.
B. Any person or business who leases, maintains, sells or installs any alarm system or who causes such a system to be leased, maintained, sold or installed shall be responsible for informing the person who leases, rents, purchases, or has installed an alarm system of the provisions of this chapter; such notification shall be in writing and shall include the following.
C. Direct dial telephone devices are prohibited.
(Ord. 960 (part), 1996)
5.70.060 - Mandatory response by alarm users upon notification by the Calexico police department. about:blank 2/3
•
9/5/24, 12:55 PM Calexico, CA Code of Ordinances
A. Upon notification by the Calexico police department, the alarm user or responding party shall promptly proceed within thirty minutes to the scene of the alarm and render any necessary service. The service shall include, but is not limited to, opening the premises so that said premises may be searched.
B. There shall be a service fee of twenty-five dollars for each incident where a responsible person cannot be located to respond to the scene of the alarm within thirty minutes. (Ord. 960 (part), 1996)
5.70.070 - Service fees for false alarms in excess of four during calendar year.
A. For any and all false alarms there shall be a service fee at a rate determined by the city council by ordinance or resolution.
B. Determination of false alarm. Upon failure of the Calexico police department to locate any evidence of intrusion or other need or cause for activating an alarm system, a presumption of a false alarm will be made. If within ten days, the chief of police receives from the permittee satisfactory written evidence that the alarm was valid, i.e. an excusable alarm as defined by Section 5.70.020 or an alarm caused by an unauthorized entry, attempted unauthorized entry, or other unlawful activity on the alarm site, the permittee's records will be amended to indicate a valid or excusable alarm. The chief of police will make the final determination as to whether or not there has been a false alarm. The decision of the chief of police may be appealed to the city manager.
(Ord. No. 1102, 5 3, 9-22-09; Ord. 960 (part), 1996)
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ATTACHMENT - B
AGREEMENT FOR ALARM PROGRAM
ADMINISTRATION SERVICES
This Agreement for Alarm Program Administration Services (the "Agreement") is made and entered into in Calexico, California by and between PMAM Corporation, a Texas corporation whose address is 5430 LBJ Freeway, Suite 370 Dallas, TX 75240, (the "PM AM") and the City of Calexico, a general law city of the State of California (the "City") to be effective upon approval of the Calexico City Council and the date of execution of this Agreement by the City Manager or the City's authorized designee as set forth on the Signature Page hereto (the "Effective Date").
Recitals
WHEREAS, the City desires to engage the services of PM AM to provide certain installation, conversion, operation and service of a False Alarm Management Program including the collection and cost recovery services in accordance with the City's alarm ordinances and in accordance with the terms of this Agreement (as hereinafter defined) (collectively, the "Services"); and WHEREAS, PM AM desires to provide such Services in accordance with the City's alarm ordinances and in accordance with the terms of this Agreement.
NOW THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows:
Article 1
Scope of Services
1.1 The parties agree that PM AM shall perform the Services in accordance with the terms and conditions of the City's alarm ordinance and this Agreement. The parties' agreement consists of this Agreement and the following Exhibits, which are incorporated herein and made a part hereof by this reference thereto:
Scope of Work and Contract Requirements - Exhibit A
Pricing and Receipt of Collections - Exhibit B
In the event of a conflict in interpretation, the documents shall control in the following order: (ii) the Agreement, (ii) Exhibit A, and (ii) Exhibit B, as further modified by the written agreement by the parties as a result of software implemented and deployed by the parties.
Article 2
Terms of Agreement
2.1 The initial term of this Agreement shall be for a period of three (3) years commencing on the Contract Implementation Date (as hereinafter defined) and ending on the day immediately preceding the third anniversary of the Contract Implementation Date (the Initial Term", subject to earlier termination as set forth in Article 6 hereof. Thirty (30) days prior to expiration of the Initial Term or any Extended Term, this Agreement may be subject to two additional one-year extensions (each an "Extended Term" on the same terms and conditions as set forth herein, unless either party notifies the other in writing at least sixty (60) days prior to the expiration of the Initial Term or the Extended Term, as applicable, that such party will not further extend the term of this Agreement. As used herein, the term "Contract Implementation Date" shall mean the first day of the calendar month for which PM AM commences billing for its Services to the City hereunder following the installation of the False Alarm Management Program.
2.2 PM AM shall receive compensation, including authorized reimbursements for any City fees paid by PM AM to the City to permit PM AM to provide the Services hereunder, for all Services rendered under this Agreement at the rates set forth in pricing included in this Agreement as Exhibit "B". The compensation is based on a revenue sharing model.
2.3 The City acknowledges and agrees that PM AM reserves the right to offer, and may offer, similar services to other government agencies under similar terms and conditions as stated herein except that the revenue share percentage allocated to PM AM and the other government agency may be negotiated between PM AM and such other agency based on the specific revenue expectations, agency reimbursed costs, the exact scope of services to be provided by PM AM, and other agency requirements. PM AM acknowledges and agrees that the City shall have no responsibility or liability whatsoever hereunder with respect to any agreement entered into between PM AM and such other government agency.
Article 3
PM AM's Responsibilities
3.1 Subject to the limitations hereinafter set forth, PM AM agrees to and shall defend, indemnify and hold harmless the City, its officers, and management employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees, litigation costs and expenses, arising out of the performance of the Services, caused solely by any negligent act or omission of PM AM, or any subcontractor of PM AM. Lack of insurance coverage does not negate PM AM's obligation under this paragraph of this Agreement.
3.2 At all times during the term of this Agreement, PM AM shall be an independent contractor and shall not be an employee of the City. The City shall have the right to control Contactor only insofar as the results of PM AM's services rendered pursuant to this Agreement. The City shall not have the right to control the means by which PM AM accomplishes services rendered pursuant to this Agreement.
3.3 Notwithstanding any other provision of this Agreement to the contrary, in no event shall PM AM be liable for damages or losses attributable to its actions or inactions, or its subcontractor's actions or inactions, with respect to the Services provided hereunder, whether for indemnification or otherwise, in excess of the Maximum Indemnification Amount, except for willful misconduct, gross negligence, or fraudulent acts. The Maximum Indemnification Amount shall be equal to the sum of: (i) any insurance proceeds actually received by PM AM, or paid by PM AM's insurance carrier to the City, with respect to the claim for indemnification by the City hereunder, and (i) the amount of fees actually retained by PM AM under this Agreement as its fee during the six (6) months immediately preceding the act. Notwithstanding the preceding, the limitations on the indemnification or other obligations of PM AM set forth in this Section shall not apply to the obligation of PM AM to pay the City its share of the collected revenues as set forth in this 2 Agreement.
3.4 Notwithstanding any other obligation of PM AM hereunder, PM AM shall not be liable for any indirect, incidental or special damages arising directly or indirectly out of the provision or non- provision of Services hereunder, except in cases where such damages are attributable to PM AM's willful misconduct, gross negligence, or fraudulent acts.
3.5 If PM AM is required to indemnify the City hereunder, PM AM may assume the defense of the City with counsel reasonably acceptable to the City at the expense of PM AM. In addition, the City may engage its own counsel to participate in any defense in any such proceeding at the City's expense.
Article 4
The City's Responsibility
4.1 The City shall cooperate with and assist PM AM by, among other things, making available, as reasonably requested by PM AM, management decisions, personnel, information, approvals, IT assistance and acceptance that are needed by PM AM to carry out its obligation under this Agreement.
Article 5
Insurance Requirements
5.1 At the current time, PM AM does not maintain any offices in the State in which the City is located, nor does PM AM maintain any employees in such State. All Services required to be performed by PM AM hereunder shall be performed by PM AM at its offices in the State of Texas or elsewhere outside the State in which the City is located. PM AM shall, at its own expense, purchase, maintain and keep in force during the term of this Agreement such insurance as set forth below. PM AM shall not commence work under this Agreement until it has obtained all the insurance required under this Agreement and such insurance has been approved by the City, nor shall PM AM allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been obtained and approved. The insurance requirements shall remain in effect throughout the term of this Agreement. PM AM, at PM AM's sole cost, shall purchase and maintain, during the term of this Agreement, insurance coverage providing not less than the following:
5.1.1 Comprehensive or Commercial General Liability: $500,000 combined single limit per occurrence for bodily injury, personal injury or death and property damage. The coverage's under this policy shall include those found in the Comprehensive General Liability Broad Form endorsement. This policy shall have no standard coverage removed by exclusions, unless approved by the City.
5.1.2 Automobile Liability: $500,000 combined single limit per accident for bodily injury and property damage. Coverage should be provided as a "Code 1," any auto.
5.1.3 Workers' Compensation and Employers' Liability: Statutory. Employers Liability policy limits of $100,000 for each accident, $500,000 policy limit- Disease. The insurer shall agree to waive all rights of subrogation against the City, its officials, employees and 3 volunteers for losses arising from the activities under this Agreement.
5.2 All insurance policies, other than Professional Liability, provided under this Agreement shall be written on an occurrence basis.
5.3 The City shall be named as additional insured on the General Liability and Automobile Liability insurance policies. These insurance policies shall contain the appropriate additional insure endorsement signed by a person authorized by that insurer to bind coverage on its behalf. If PN AM, for any reason, fails to maintain insurance coverage which is required under this agreement, the failure shall be deemed a material breach of contract. The City, at its sole option, may terminate this Agreement.
5.4 Each insurance policy shall be endorsed to state that coverage shall not be canceled, reduced in coverage or in limits except after thirty (30) days prior written notice has been provided to the City, or in the event of cancellation because of nonpayment of premium, that the insurer shall give written notice to the City not later than ten (10) days following cancellation.
5.5 Insurance is to be placed with insurers with a Best rating of no less than A:VII. Insurers must be duly authorized to transact business in the State of Texas.
5.6 Certificates of Insurance if requested shall be submitted on the Accord form only. Certificates and endorsements effecting coverage required by this clause shall be forwarded to the City's Purchasing Department.
Article 6
Termination of Agreement
6.1 Grounds for Termination
The City shall inform PM AM in writing, if PM AM fails to perform its duties under this Agreement with a ninety (90) days window to correct the problem. PM AM shall remed he problem within ninety (90) days from the receipt of such notice. Should PM AM fai to remedy the problem within ninety (90) days, the City may terminate this Agreement.
In addition to any right of termination granted to the City pursuant to the provisions of Section 6.1.1 hereof, the City may terminate this Agreement without cause at any time after the first anniversary of the Contract implementation Date upon thirty (30) days written notice to PM AM. subiect to its obligations set forth in Section 6.2 hereof In addition, the City may terminate this Agreement without cause at any time prior to the first anniversary of the Contract Implementation Date (i) upon thirty (30) days written notice to PM AM (ii) the payment of an early termination fee of $10,000, which fee PM AM may deduct and offset against the next monthly payment or payments due the City from the revenues collected by PM AM on behalf of the City hereunder as liquidated damages and not as a penalty. The parties acknowledge that the actual damages that PM AM would incur as a result of the early termination of this Agreement by the City without cause are uncertain and difficult to accurately estimate because of the parties inability to predict the number of future permit holders, the fees or fines charged by the City for violation of its alarm ordinances, any other changes in the City's alarm 4 ordinances that could impact the revenues collected by PM AM hereunder on behalf of nd other relevant factors. Accordingly, the parties agree that the foregoin Terination Fee is a reasonable and appropriate estinate of actual damages and shall be deemed liquidated damages and not a penalty.
6.1.4 PM AM's Fee Schedule and pricing for any and all Services to be provided by PM AM to the City under this Agreement have been set, established and agreed to be based upon the current provisions of applicable City ordinances relating to alarms. Should said ordinances change at any time during the term of this Agreement to reduce or eliminate the applicable fee, fines and charges, such reduction or elimination shall be effective prospectively only and not retroactively so that the fee earned by PM AM for services provided prior to such modification of the alarm ordinance shall not be affected and the City shall not be entitled to any refund or credit arising from such modification of its alarm ordinance. In addition, if the change in the City ordinances relating to alarms would reduce or eliminate the fee, fines, and charges previously in effect, PM AM reserves the express right to enter into good faith negotiations with the City to modify the Fee Schedule and pricing accordingly. If, within thirty (30) days of notice from PM AM to the City of its desire to so renegotiate, the parties are unable to reach an agreement mutually acceptable to both parties, then PM AM reserves the right to terminate this Agreement. Said termination shall not be deemed to be a default by PM AM under this Agreement. PM AM shall be paid all fees and costs due and owing PM AM as of the date of said termination.
6.1.5 PM AM may terminate this Agreement upon written notice to the City if the City misuses or attempts to appropriate the proprietary software of PM AM used in connection with its False Alarm Management Program (the "PM AM Proprietary Software").
PM AM may terminate this Agreement without cause at any time after the first anniversary of the Contract Implementation Date upon ninety (90) days written notice to
6.2 Effect of Termination
If this Agreement is terminated as provided herein, the City may require PM AM to provide all finished and/or unfinished data and other information of any kind possessed by PM AM in connection with the performance of Services under this Agreement. PM AM shall be required to provide such information within a reasonable period of time of receipt of the request not to exceed thirty (30) days. Specifically, upon termination of this Agreement:
6.2.1a All data relating to alarm permits shall be owned by the City. Upon termination of this Agreement, PM AM shall promptly deliver to the City all data in MS-SQL format.
6.2.1b. PM AM retains all right and title to the PM AM Proprietary 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 PM AM Proprietary Software. The PM AM Proprietary Software is protected in favor of PM AM, as well as any future registered trademarks, 5 are trademarks of PM AM.
6.2.1c. The PM AM Proprietary Software is considered loaned to the City during the duration of this Agreement as laid out in this Agreement and the City will not have any access to the PM AM Proprietary Software after the conclusion
6.2.1d. The City shall pay PM AM all fees and costs due and owing PM AM as of the date of said termination.
6.2.1e. The provisions of this Section shall survive the termination of this Agreement.
Article 7
Confidentiality of Information
7.1 At all times, PM AM shall recognize the City's sole and exclusive ownership of all information provided by the City, and the sole and exclusive right and jurisdiction of the City to control the use of this information. Similarly, the City recognizes that the PM AM Proprietary Software is owned by PM AM and the City has no rights or claim thereto.
7.2 Each party agrees that neither it, nor its employees, subsidiaries, subcontractors, or agents shall disclose confidential information of the other party, to any person or to anyone except as its obligations under this Agreement, without the expressed written permission of the other party or unless required to do so by law. City shall promptly inform PM AM if City receives a public records request for information designated by PM AM as confidential so as to provide PM AM an opportunity to object.
7.3 Each party further agrees that in the event that any documents containing confidential information of the other party should be improperly used or removed in any way from the possession or control of the other party by a party, the breaching party shall immediately notify the other party orally and in writing, and shall join with the other party at their request in taking such reasonable steps as the owner of the confidential information may deem advisable to enjoin the misuse and regain possession of such confidential information, or steps otherwise necessary for the protection of the owner's rights and the confidentiality of the information.
7.4 PM AM agrees to return any and all data furnished and information derived hereunder promptly upon a request by the City and its authorized designee.
Article 8
General Provisions
8.1 This Agreement and its attachments constitute the sole and only agreement between the parties and supersede any prior understandings written or oral agreements between the parties with respect to this subject matter.
8.2 Except as otherwise provided herein, neither this Agreement nor any of the rights, interests or obligations hereunder may be assigned by any of the parties hereto without the prior written consent of the other party; 6 provided that PM AM may assign this Agreement to its successor without consent by the City by giving written notice to the City.. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns.
8.3 This Agreement shall be governed by the laws of the State of California; and venue for any action concerning this Agreement shall be in Imperial County, California.
8.4 This Agreement may be amended by the mutual written agreement of the parties and if approved by the Calexico City Council.
8.5 In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
Any notice required or permitted to be delivered hereunder may be sent by first class mail or overnight courier to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth City of _Calexico
PM AM: PMAM Corporation
Attn: Mr. Pankaj Kumar, President
5430 LBJ Freeway, Suite 370
Dallas, TX 75240
8.7 This Agreement may be signed in counterparts, each of which shall constitute an original. (Signature Page Follows on Next Page)
7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day of _ in the year
City of Calexico PMAM Corporation
Tour
By: By:
Name: PANKAJ KUMAR,
Title: Chief Executive Officer
Attest: Attest:
By: By:
Name: Name: JamEs on Roynoids
Title: Title: Director of Sales
Exhibit A
Scope of Work and Requirements
Scope of Work:
It will be PM AM's responsibility to provide, install, and operate the Professional Services Alarm Management Services Program based on a "False Alarm Management Solution" system hereafter referred to as a FAMS system and all other necessary equipment and services on a "software as a service" basis..
PM AM shall accurately convert all pertinent data downloaded from the City's current primary alarm and accounts/receivable databases to populate the FAMS system. Effective interfaces shall ensure that all parties share and benefit from the most current and accurate information.
PM AM shall provide appropriate supplies and services including but not limited to; Single point of contact and daily resident assistance
2. Maintenance of databases:
a. Alarm permits
b. Permit Holders
c. Permit Holders with outstanding charges
d. Non-permitted locations with outstanding charges
e. Address verification database
3. Collection of payments in accordance with the rates established by the alarm ordinance, and any implementing resolutions or orders, as may be amended from time to time by the City
4. Performance of all the billing in accordance with the City's alarm ordinance, as may be amended from time to time by the City
Generation of the following reports including but not limited to:
a. New alarm permits issued and fees collected
b. Annual permit renewals billed and fees collected
c. Permits inactivated or revoked and reason for inactivation or revocation d. Permits reinstated and reason for reinstatement
e. Number of false burglar alarms
f. Number of false burglar alarms billed and fees collected g. Number of false robbery alarms
h. Number of false robbery alarms billed and fees collected i. Number of reinstatement fees billed and fees collected j. False burglary and/or robbery alarms for permit owners k. False burglary and/or robbery alarms for non-permitted owners
1. Suspension or revocation Report for permit holders as per ordinance, if applicable 9 6. System functionality to capture the following information:
a. Permit number
b. Permit issue date
c. Permit expiration date
d. Permit type (residential / commercial)
e. Name of business or residential permit holder
f. Site
Street address and zip code of property
Type of property (residential / commercial)
Telephone numbers
4) Contact persons (minimum of 2) and phone numbers)
5) Type of alarm system installed (burglary, panic, robbery) g. Billing
1) Name
2) Full mailing address (includes zip code)
3) Contact person and phone number(s)
Permit Holder Responsible for Alarm
1) Name
2) Complete mailing address
3) Phone numbers
i. Name and telephone number of alarm monitoring company j. Name and telephone number of company that installed the alarm system k. Special Medical Concerns
1. Pet Information
7. System functionality to generate notices to alarm users without permits
8. Transfer on line and/or via magnetic media a skeleton version of entire registration database from FAMS system to RMS including the following:
Permit number (or non-permitted identifier)
2) Name of permit holder
Location of permit holder
Permit status
Expiration date
6) Last false alarm incident date and time
7) Alarm type (i.e., burglar, panic, etc.)
8) False alarm incident count
9. Transfer on line and/or via magnetic media incident records from RMS to FAMS including:
Incident number
2) Priority
3) Call code
4) Disposition
10 Date
6) Time:
(a) Received
(b) Dispatched
(c) Arrived
(d) Cleared
7) Remarks
Site name and address
9) Reportee name, address, phone number
10) Dispatcher- employee number and terminal
11) Phone clerk - employee number and terminal
12) Cleared code and disposition (true/false)
13) Officer number
14) Units) assigned
Collection requirements and provisions:
PM AM will design, implement and maintain a system to serve as the billing and collections agent and accounts receivable (A/R) manager for the City Alarm Program Administration and Collection Service.
PM AM will provide all hardware, software, materials, supplies, space, and staff resources as required.
The system will meet the following collection specifications:
1. Bill format will provide stub or appropriate remittance form to accompany payment.
Bill format, permit forms, envelopes and related correspondence will identify the location of a PM AM staffed and maintained office so the customer may have the ability to obtain direct answers to questions about their bills and related false alarm system information.
All bills, correspondence and related matters will be approved by the City.
4. Bills will be due in time lines specified in the ordinance and or rules and regulations as appropriate.
5. Records of bills will be retained by PM AM to apply to Account Receivable system (A/R) to be maintained by PM AM.
6. PM AM will develop an A/R file, which the City will have access to review at any time.
System functionality for the City to print a bill for customers wishing to make payments at the walk in cashier location(s) of the City and to provide on-line information to PM AM regarding such payments so that PM AM can maintain A/R file.
PM AM will provide the ability for customer to pay on-line, by mail and via walk-in cashier.
9. Payments made by mail will be directed to a P.O. Box address in Texas maintained and managed by PM AM, unless and until the City directs that such payments be directed to a lock box address established by the City.
10. PM AM system will track NSF or insufficient fund check occurrences and occurrences where customer stop payments have been ordered.
11. PM AM will provide system for billing the customer for the appropriate NSF or insufficient fund check fee charges and charges for stop payment situations. 11 12. Notwithstanding the foregoing, the Services provided hereunder do not extend to any debt collection activities in the event the property owner does not pay the amount of the invoice submitted by PM AM. Any such debt collection activities shall be performed by an independent contractor selected either by (i) PM AM with the prior written consent of the City or its designee, or (ii) the City or its designee or agent upon written notice to PM AM.
Processing:
PM AM shall provide the services covered under this Agreement and Scope from its offices in Texas and make available hardware and software and services necessary to establish and provide the Alarm Program Administration and Collection Service.
PM AM's Obligation:
In addition to the above, PM AM shall:
Maintain the proposed equipment, hardware, and software, documentation, and support services for the equipment installed, including the timely incorporation of all engineering changes.
Supply the City with an interface document describing the type, size, location, and medium of transfer from the City RMS.
3. Defer to the City regarding the waiver of any false alarm fee incurred where there is question about the validity of any response or action taken by an employee(s) of the City regarding a specified alarm call.
4. When possible, reports shall be produced based on the entry of variable parameters. Threshold fields shall allow a specific date range or other criteria. When possible, all report searches, shall allow for multiple parameters.
Training
PM AM shall provide training for the City and Police employees. Training shall be conducted in several sessions on an as needed basis.
System Coordination
1. PM AM shall coordinate with the City's Finance Department, Information Services and the City Police Department to develop a system that will allow walk-in payments under the Agreement.
2. PM AM shall provide during the life of the Agreement on-going computer hardware, software support and maintenance to ensure uninterrupted operation. In the unlikely event of interruption, PM AM will make best efforts to restore service within seventy-two (72) hours PM AM under this Agreement shall establish and provide public education, awareness and information regarding the City's Alarm Management Program. 12 Exhibit "B"
Pricing and Receipt of Collections
This is a revenue sharing contract. PM AM shall retain the percentages and amounts listed in the table below of all collections and remit the percentage balance and amounts listed in the table below to the City for the total of the actual revenues generated and collected for the City during the life of this Agreement including all adjustments for:
a. Alarm permit and renewal fees;
b. False alarms violation fee above a mandated limit;
Reinstatement fees;
Late fee for false alarms, permit fees and renewal fees e. Other charges imposed by the City in relation to the City's Alarm Program Management and Collection Services
(except for criminal penalties).
City of Calexico PM AM Corporation
Commercial Permit & Renewal $85 Commercial Permit & Renewal $15 Residential Permit & Renewal $40 Residential Permit & Renewal $10 False Alarm Fine $135 False Alarm Fine $10
The City and PM AM shall share the revenue generated from fees, fines, and penalties as described above; provided that all bank charges and mailing fees incurred in connection with the Services rendered under this Agreement by PM AM shall be paid by the program before the foregoing split of fees.
In order to facilitate the sharing of revenues as set forth above, the City authorizes PM AM to open a P.O.
Box and bank account on the City's behalf.
The City shall pay PM AM a $25 processing fee for each refund check processed by PM AM through the Program (the "Processing Fee") promptly upon receipt of an invoice from PM AM for such Processing In addition, the City shall reimburse PM AM for its out-of-pocket postage expenses incurred by PM AM in performing its services to the City hereunder promptly upon receipt of an invoice from PM AM for such postage expense. At the election of PM AM, PM AM may submit an invoice to the City for such postage expense or Processing Fee and deduct and offset such amounts) from the percentage amount to the City hereunder.
13 In addition, in the event PM AM submits an invoice or other statement to a permit holder for an amount avable to the City and such invoice or other statement is not paid or otherwise discharged within 12 ays after the date the initial invoice or statement was mailed or otherwise submitted to such permi holder, the City shall pay PM AM an administration fee of Seven Dollars ($7.00) for each such invoice or other statement that has not been paid or otherwise discharged within said 120 day period in order to offset, in part, the costs and expenses incurred by PM AM in preparing sending and administering such PM AM reserves the right to renegotiate this pricing should the City change the fee schedule for the false alarm ordinance.
In recognition of the fact that PM AM's Services under the Agreement and the expenses incurred by PM AM in performing such Services are incurred in advance of PM AM receiving a percentage of the fees collected under this Agreement and that the City shall have the benefit of such work as may have been completed up to the time of such termination, City agrees to continue to pay PM AM its percentage of fees collected for a period of 90 days after the termination of this Agreement on fees collected during such period that are attributable to amounts billed by PM AM to permit holders prior to the date of termination of this Agreement. This provision shall survive the termination of this Agreement.
The share of the revenues payable to PM AM and the City in accordance with the provisions of this Exhibit B shall be determined and paid monthly within 15 days after the end of each calendar month during the Term hereof based upon the amount of collections during the immediately preceding calendar month, adjusted for any outstanding authorized reimbursements or expenses payable to PM AM in accordance with the terms of this Agreement.
14 ATTACHMENT - C
RESOLUTION NO. 2024-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALEXICO APPROVING
AN AGREEMENT WITH PMAM CORPORATION FOR SECURITY ALARM
MANAGEMENT
WHEREAS, the City of Calexico has enacted Chapter 5.70 of the Calexico Municipal Code to regulate the administration and enforcement of emergency alarm systems; and WHEREAS, the majority of alarms responded to by the Calexico Police Department are false, leading to a significant waste of resources; and
WHEREAS, the reduction in police personnel has impaired the department's ability to effectively manage and enforce alarm permits; and
WHEREAS, PMAM Corporation specializes in the management of security alarm systems and offers a solution to improve compliance and reduce false alarms; and WHEREAS, the proposed agreement with PMAM Corporation operates on a revenue-sharing basis, generating funds for the city without incurring upfront costs; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Calexico as follows:
The agreement with PMAM Corporation for the management of security alarm systems is hereby approved.
The City Manager is authorized to execute the agreement and any necessary documents on behalf of the City.
PMAM Corporation will manage the administration, enforcement, and monitoring of the city's alarm systems in accordance with Chapter 5.70 of the Calexico Municipal Code.
The compensation for PMAM Corporation will be based on a revenue-sharing model, utilizing funds generated from alarm system permits and service fees.
Effective Date:
pg. 1
RESOLUTION NO. 2024-_
This resolution shall take effect immediately upon adoption.
PASSED, APPROVED, AND ADOPTED this day of - 2024, by the City Council of the City of Calexico.
Camilo Garcia, Mayor
ATTEST:
Veronica Luna Alvarado, City Clerk
APPROVED AS TO FORM:
Carlos Campos, City Attorney
State of California)
County of Imperial) ss.
City of Calexico )
I, Veronica Luna Alvarado, City Clerk of the City of Calexico do herby certify the above Resolution No. 2024- _was approved at a regular City Council meeting held on the 2ªd day of October 2024, by following vote to-wit:
AYES:
NOES:
ABSENT:
Veronica Luna Alvarado, City Clerk
pg. 2