HomeMy WebLinkAboutAgenda Packet 2018_10_02City of Chula Vista
Meeting Minutes - Draft
6:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
Thursday, April 26, 2018
CITY COUNCIL WORKSHOP
CALL TO ORDER
A special joint meeting of the City Council, Planning Commission and Growth Management Oversight
Commission of the City of Chula Vista was called to order at 6:02 p.m. in the Council Chambers, located
in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL - CITY COUNCIL
Present:Councilmember Aguilar, Deputy Mayor Diaz, Councilmember McCann, Councilmember
Padilla and Mayor Casillas Salas
ROLL CALL - PLANNING COMMISSION
Present: Commissioners Burroughs, Milburn, Zaker, and Chair Gutierrez
Absent: Commissioners Anaya, Calvo, and Nava
ROLL CALL - GROWTH MANAGEMENT OVERSIGHT COMMISSION
Present: Commissioners Alatorre, Caudillo, Hooker, Juarez, Rosales, Strong, Zaker, and Chair Torres
Absent: Commissioner Lengyel
Also Present: City Manager Halbert, Deputy City Attorney Shirey, and City Clerk Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
The Pledge of Allegiance was led by Planning Commission Chair Gutierrez.
WORKSHOP
1.18-0090 REVIEW AND CONSIDERATION OF THE GROWTH MANAGEMENT
OVERSIGHT COMMISSION’S (GMOC’s) FISCAL YEAR 2017 ANNUAL
REPORT
A. RESOLUTION NO. MPA17-0009 OF THE PLANNING COMMISSION
OF THE CITY OF CHULA VISTA ACCEPTING THE FISCAL YEAR 2017
GMOC ANNUAL REPORT, AND RECOMMENDING ACCEPTANCE BY
THE CITY COUNCIL
Page 1City of Chula Vista
2018-10-02 Agenda Packet Page 5
April 26, 2018City Council Meeting Minutes - Draft
B. RESOLUTION NO. 2018-207 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING THE FISCAL YEAR 2017 GMOC
ANNUAL REPORT, AND DIRECTING THE CITY MANAGER TO
UNDERTAKE ACTIONS NECESSARY TO IMPLEMENT REPORT
RECOMMENDATIONS AS PRESENTED IN THE STAFF RESPONSES
AND PROPOSED IMPLEMENTING ACTIONS SUMMARY
Growth Management Oversight Commission (GMOC) Chair Torres presented the GMOC annual report.
She reported non-compliant threshold standards for the following areas and provided the Commission's
recommendations. Associate Planner Vander Bie provided staff responses to each item.
- Libraries
- Police, Priority 1 and 2
- Traffic
Staff responded to questions and comments from Council and Commissioners.
A motion was made by Planning Commissioner Gutierrez, seconded by Planning
Commissioner Milburn, to adopt Planning Commission Resolution No.
MPA-17-0007. The motion carried by the following vote:
ACTION:
Yes: 4 - Burroughs, Milburn, Zaker, and Gutierrez
No: 0
Abstain: 0
Discussion on the item continued.
Carolyn Scholl, representing the Chula Vista Elementary School District, spoke regarding the District's
efforts to modernize schools.
Councilmember Aguilar spoke regarding the differences in park acreage by population between the west
and east sides of the City and spoke in support of considering the matter further.
In response to questions from Councilmember Padilla, Principal Landscape Architect Ferman stated that
staff conducted an inventory of parkland and included areas that were being used for recreation, such as
open space areas adjacent to parks, in the acreage calculations for parks.
A motion was made by Mayor Casillas Salas, seconded by Councilmember
McCann, to adopt Resolution No. 2018-065, heading read, text waived. The
motion carried by the following vote:
ACTION:
Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 -
No:0
Abstain:0
Page 2City of Chula Vista
2018-10-02 Agenda Packet Page 6
April 26, 2018City Council Meeting Minutes - Draft
ADJOURNMENT
At 7:34 p.m., Mayor Casillas Salas adjourned the meeting to the Regular City Council Meeting on May 1,
2018, at 5:00 p.m., in the Council Chambers.
_______________________________
Kerry K. Bigelow, MMC, City Clerk
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October 2, 2018 File ID: 18-0437
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PROPOSALS, AWARDING
A SERVICE AGREEMENT TO PM AM CORPORATION TO PROVIDE SECURITY ALARM MANAGEMENT
SERVICES, AND APPROVING THE AGREEMENT BETWEEN THE CITY AND PM AM CORPORATION
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The City of Chula Vista issued a Request for Proposal (RFP) for companies to provide security alarm
management services in support of the City's security alarm program. The City issued RFP# P27-17/18
seeking qualified vendors for this program. Based upon the responses received, staff recommends award
of the Security Alarm Management Services contract to PM AM Corporation.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as
defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in
the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is
not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not Applicable
DISCUSSION
In July 2014, the City updated its Security Alarm Ordinance, along with implementing new security alarm
permit and false alarm fee schedules. Additionally, the City Council approved a contract with PM AM
Corporation in October 2013 to administer the Security Alarm Program for the Police Department. These
important changes have allowed the Police Department to manage its limited resources and better serve
the needs and expectations of our residents and business community.
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The existing contract for security alarm management services will end on October 14, 2018. With the
pending contract end date, the City issued a Request For Proposal (RFP) to seek a company who could
provide security alarm management services beyond October 14, 2018. On June 28, 2018, the City issued
RFP # P27-17/18. The table below represents the three respondents to the RFP:
Table I - RFP #P27-17/18 RESPONDENTS
Alarm Programs Systems, LLC
CryWolf False Alarm Solutions by Superion
PM AM Corporation
One vendor presented services in general terms and had not been in the industry as long as the other two
vendors. Two vendors responded to the RFP questions detailing their experience in the alarm
management industry and were both considered qualified firms for the program.
Based upon the results from the RFP selection process, staff recommends continuing to contract with PM
AM Corporation to administer the security alarm program for the City. PM AM Corporation was chosen
because of their compliance with City-required contract terms, overall services offered and the benefit of
continuity for existing registered alarm users. The management of the program will continue to include a
secure website that security alarm users can access to pay for their permit fees and/or alarm fines via
credit/debit card. PM AM will continue to provide customer service and work with security alarm users in
regards to the security alarm ordinance. PM AM will also continue to provide primary billing and
collection actions for all City alarm accounts and will administer a false alarm education program, which
alarm users can take to waive the first fine associated with a false alarm. As part of their RFP response,
PM AM proposed a 12% share of net revenue collected (which is a 1% reduction from the current fee
structure) and proposed an enhancement to the quality of their service with an improved portal that
facilitates the administration of the program and overall customer experience.
The agreement term with PM AM Corporation for Security Alarm Management Services will be for an
initial period of one (1) year effective October 15, 2018, with renewal options for up to three (3)
successive one-year periods upon mutual agreement of both parties.
DECISION-MAKER CONFLICT
Staff has 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 Title 2, section
18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et
seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The agreement with PM AM
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Corporation supports the City’s healthy community and secure neighborhoods goals by providing efficient
security alarm management services.
CURRENT-YEAR FISCAL IMPACT
The revenues for alarm permits and false alarm penalties are already included in the Police Department
budget. There is no current year fiscal impact for accepting the agreement with PM AM Corporation.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
1. RFP # P27-17/18 for Security Alarm Management Services
2.Agreement with PMAM Corporation for Security Alarm Management Services
Staff Contact: Joseph Walker, Supervising Public Safety Analyst, Police Department
2018-10-02 Agenda Packet Page 10
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING PROPOSALS, AWARDING A
SERVICE AGREEEMENT TO PM AM CORPORATION TO
PROVIDE SECURITY ALARM MANAGEMENT SERVICES,
AND APPROVING THE AGREEMENT BETWEEN THE
CITY AND PM AM CORPORATION
WHEREAS, the City recently issued a Request for Proposal #P27-1718 (RFP) for
firms to submit their qualifications and methodologies to provide management services for
the City’s security alarm program; and
WHEREAS, three firms responded to the City's RFP: Alarm Programs Systems,
LLC, CryWolf False Alarm Solutions by Superion, and PM AM Corporation; and
WHEREAS, following a careful review of the proposals submitted in response to
the RFP, staff recommends contracting with PM AM Corporation, the City’s existing provider
since 2013, to administer the City’s security alarm program; and
WHEREAS, staff’s recommendation is based on PM AM Corporation’s compliance
with the City’s contract terms, overall services offered, a share of revenue collected that is
reduced from the current level, and the benefit of continuity for existing registered alarm
permittees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it accepts the proposals and awards a service agreement to PM AM Corporation to
provide security alarm management services.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
approves the Agreement between the City and PMAM Corporation, in the form presented,
with such minor modification as may be required or approved by the City Attorney, a copy of
which shall be kept on file in the Office of the City Clerk, and authorizes and directs the
Mayor to execute same.
Presented by Approved as to form by
Roxana Kennedy Glen R. Googins
Chief of Police City Attorney
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RFP P27-17/18 June 28, 2018
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THE CITY OF CHULA VISTA
REQUEST FOR PROPOSAL
RFP P27-17/18
Notice is hereby given that proposals will be received until 3:00 P.M. on Friday, July 20, 2018, Pacific
Standard Time (PST), furnishing the City of Chula Vista with:
Security Alarm Management Services
Prospective respondents are hereby referred to the proposal instructions, general provisions, and terms
and conditions contained in this request for proposal. All proposals must be submitted through PlanetBids
by the due date and time. Late proposals will not be considered.
Questions related to the proposal must be submitted through PlanetBids no later than 3:00 p.m., Tuesday,
July 10, 2018. Answers will be provided as an addendum in PlanetBids no later than 3:00 p.m., Monday,
July 16, 2018.
The City reserves the right to reject any or all proposals received any portion of any proposal and to waive
any irregularities or informalities in proposals or the RFP process. Any addenda that are issued through
this RFP must be signed and returned with your submittal.
Alex Ortiz
Procurement Specialist
2018-10-02 Agenda Packet Page 12
RFP P27-17/18 June 28, 2018
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Schedule
Activity Date
RFP Posted to PlanetBids June 28, 2018
Question Submittal through
PlanetBids July 10, 2018 no later than 3:00 p.m.
Response to Questions Released July 16, 2018 no later than 3:00 p.m.
Security Alarm Management
Services RFP Response and
Proposal Due July 20, 2018 no later than 3:00 p.m.
Selection of Proposal August 2018
Council Adoption September 2018
Contract Inception October 2018
Objective
The City of Chula Vista is seeking proposals from qualified organizations to provide third-party security
alarm management services. The City is requesting the following proposal:
Security Alarm Management Services
The goal is to initiate security alarm management services effective October 15, 2018. The contract will
commence October 15, 2018, for a period of one year, and at the option of each City may be extended
year-to-year for up to a total of five (5) years. Multi-year contracts, which offer alternatives with fixed fee
schedules, will also be entertained. If multi-year contracts are submitted please include two (2), three (3),
four (4) and five (5)-year proposals.
The successful bidder will work daily with the City to effectively administer the City of Chula Vista security
alarm program.
If your firm is interested and qualified, please upload your proposal through PlanetBids. The proposal
must be an original PDF and not a scanned copy. All items must be received no later than 3 :00 PM on
Friday, July 20, 2018.
2018-10-02 Agenda Packet Page 13
RFP P27-17/18 June 28, 2018
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1. Background
The Chula Vista Police Department currently responds to more than 3,800 alarm activations per year that
are not valid emergency activations. The City currently has 9,600 active alarm permits, which are
renewed annually. The Chula Vista Police Department believes there are a number of non-permitted
security alarm systems operating in the City. Consistent with the current City Ordinance regulating alarm
installations, active alarm systems must have a current permit
In Fiscal Year 2014, the City decided to contract out the administration of the program to achieve
effective operations and optimum revenue recovery. The City has renewed the contract with the existing
vendor for the past 4 years and is now seeking proposals from interested companies able to provide
security alarm management services consistent with the existing City Ordinance.
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, collections services for any outstanding uncollected balance, user friendly online access for
both alarm company and alarm owners and correspondence with citizens and businesses, including
coordination with the City regarding appeals. Additionally, the contractor must work with the City to
reduce the number of permit holders currently under “verified response” status and reduce the large
delta between active alarm services and permit holders within the city limits.
The contractor shall provide a customer support center that is available at minimum 8 AM to 5 PM PST
and utilize a local mailing address.
Additional information regarding the City may be obtained at www.chulavistaca.gov
2. Scope of Work
The contractor shall develop and provide a secure electronic database accessible to the City via the
Internet to track security alarm registrations, alarm operator business registrations and account
receivables for false alarm billings. The contractor shall use data generated from the City's existing
systems to accomplish this service. False alarm notifications and billings shall be accomplished by
telephone, electronic correspondence and U.S. Mail as well as alarm operator business compliance
notifications.
The contractor shall accept payments by check, credit card (Visa, MasterCard, Discover, AMEX) and debit
cards. Contractor must be PCI Compliant (Payment Card Industry).
The contractor shall coordinate with the City to establish an interface with the Police Department’s
Computer-Aided Dispatch (CAD) system (Motorola PremierOne) system to automate the report
generation on daily false alarm calls.
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. Any correspondence
issued on behalf of the City shall comply with City required formats. Registration status and false alarm
data shall be made available for import/export to/from the City and alarm companies in Microsoft Excel
format.
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The contractor shall notify alarm users of false alarm incidents or verified response status via automated
call notification within 3-5 business days of receipt of data from the City of Chula Vista.
The contractor shall make available to alarm users an online appeals process portal where the alarm user
will use to submit an appeal when there is a disagreement on a fee, change in status or other reasons.
When an account adjustment is approved, the contractor shall post account adjustments as result of
alarm appeals. Account modifications shall include any billing adjustments within 24-48 hours of
receiving appeal decision from the City of Chula Vista.
The contractor shall be responsible for posting or recording all alarm incidents in their secure electronic
database, within 24-48 hours of receiving the data from the City of Chula Vista.
The contractor shall determine when locations shall be placed on Verified Response (VR) status. On a
daily basis (with the exception of weekend and holidays), contractor shall email a list of new VR locations
to alarms@chulavistapd.org. In the event that no new VR locations are identified, no email is necessary.
The contractor shall generate email notifications to alarm companies if their customer’s alarm site has
been placed on or removed from Verified Response status and shall provide a summarized report listing
each date a notification was issued to an alarm company, the permit number, installation address, alarm
company account number and status.
The contractor shall send alarm permit fee invoices to new and renewal customers and suspend permit
accounts for customer cancellations, as notified by the alarm companies or customers. Contractor shall
track the permit renewal dates of existing alarm permit holders and send annual permit fee invoices
accordingly. Contractor shall assign a unique temporary permit number to non-permit holders and shall
assign a unique permanent permit number when the alarm permit fee is paid, along with merging the
information from the temporary permit number to the permanent permit number. Contractor shall
categorize the permits by appropriate status (active, inactive/expired, cancelled, suspended, Verified
Response). The contractor shall make this breakdown available to the City on monthly basis and show
percentage change between each category over the length of time the contract is in place.
The contractor shall issue invoices that will include: bill number and bill date, alarm site location, date and
time of alarm incident, the count of false alarms, corresponding fines for each alarm incident, bill due
date, notice of late penalty fees if balance is not paid by due date, notice that police response may be
revoked after the fourth false alarm during a 12-month period, and appeal information.
The contractor shall be responsible for posting or recording all alarm payment activity in the ir secure
electronic database, which includes, but is not limited to: permit holder information, billings for permit
fees and/or false alarm charges, payment receipts, and account adjustments. Contractor shall post all
alarm payment activity within 1-3 days from receipt.
In the event an alarm user overpays or requires a refund of any fee, the contractor shall issue the refund
out of the alarm program bank account on behalf of the City. A monthly report of all refunds issued shall
be made available online to the City.
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RFP P27-17/18 June 28, 2018
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On a monthly basis, the contractor shall engage directly with alarm installation companies to ensure that
the permitted installations are consistent with the number of alarm installations reported by each vendor
administering the alarm services. Contractor shall scrub this data against the permit data and all locations
found to be unregistered will be sent an alarm registration invoice along with the information sheet of
the City’s alarm program and permit application. This information sheet (describing the permit
requirement, false alarm fees, verified response, alarm appeals, etc.) shall be provided by the City and
shall be available on the Police Department’s alarm webpage (www.chulavistaca.gov/SecurityAlarm). A
summarized report listing the variances between the number of alarm installations and the number of
permitted locations should be made available to the City via an access portal no later than 30 days after
the end of the previous month.
Gaps between the alarm installation and the permitted location data shall be reported by the contractor
to the City within 60 days after they are identified. This report shall at least include the following: alarm
user, address, alarm company name, alarm company account number, City alarm permit number, and
alarm permit status (current, cancelled, outstanding).
The contractor shall provide the City with electronic lists of new registrations and changes of registration
status on a monthly basis and will ensure that only those alarm systems located within the City are being
registered and billed for false alarms.
The contractor shall provide ability to register security alarm systems and business alarms systems via
the Internet and telephone or Interactive Voice Response. Additionally, the contractor shall generate an
email and mail registration status changes to individuals, businesses and alarm companies.
Contractor shall develop and make available on their online customer website portal an alarm permit
template for permit holders to print and display at their location. The alarm permit template, which will
be provided by the City, shall include the permit number and expiration date. In addition to the permit
decal being available on the customer website, contractor shall send out the permit decal whenever a
registration or renewal fee is paid. Contractor shall email the decal if the permit registration or the
renewal fee is paid through the customer website, else contractor shall send the decal through physical
mail.
The contractor shall provide a strategy to address the number of alarm users who do not have a current
alarm permit but have an active alarm system. The strategy shall not involve a modification of the current
alarm ordinance and shall include an example where the strategy was successfully implemented and the
outcomes of implementing such strategy. 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) and shall
have business hours of 8 AM to 5 PM PST, Monday through Friday and a message center for calls made
outside the business hours and days. Customer Service Representatives shall be trained to take calls in a
pleasing and understanding manner to provide the highest quality of customer service to the City, alarm
companies and alarm users.
The contractor shall provide the City any requested information that is not accessible in the database or
a report but is available in the existing dataset relevant to the City of Chula Vista. The request shall be
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met within 30 days of the initial date of the request unless the contractor can justify a reason why the
request cannot be met within the timeline. If the timeline is not reasonable due to the complexity of the
request, the contractor shall notify the City and provide an alternative timeline.
Written educational materials for citizens and businesses and a coordinated public education notification
plan shall be developed by the contractor which clearly identifies the program as a City of Chula Vista
effort and shall include program purpose, available resources and training videos on how to use the
application and services
The contractor shall develop and offer online alarm user training and education via the internet as well
as develop and conduct false alarm prevention. The contractor shall 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.
3. Collection Action
Contractor shall make a minimum of two written or telephone contacts for each account within sixty (60)
days of receipt of account unless the account clears sooner. Contractor shall provide detailed steps that
will be taken once accounts received from the City, including the number of contacts and procedures
that will be followed.
Contractor shall conduct skip tracing on delinquent accounts. Contractor shall provide specific tools used
to conduct skip tracing.
Contractor shall report all uncollected accounts to the major credit bureaus unless a type is excluded
from reporting by the Finance Director/Treasurer and shall forward the account to a third-party collection
agency once the account becomes 180 days delinquent. Such reporting must be in accordance with all
applicable Federal and California laws. Contractor shall not report accounts to the credit bureaus until
the Contractor has worked the account for 180 days. At the request of the Finance Director/Treasurer,
the Contractor shall remove an account notification from all affected bureaus and provide a copy of that
notification to the Finance Director/Treasurer. In accordance with the Fair Credit Reporting Act, the City
requires that accounts be cancelled from each credit bureau upon request of the Finance
Director/Treasurer
Contractor, upon contract award, shall take immediate action to engage with account holders with an
outstanding balance that has gone uncollected for over 180 days. The contractor shall notify each account
holder on the outstanding balance and the request for payment. The contractor shall allow for 60 days
for the account holder to respond before referring the account to a third-party collection agency to try
to recover the outstanding balance and referring the account to the major credit bureaus.
Revenue generated from the third-party collections company shall be calculated using the same
methodology used to calculate revenue from fees and fines proposed by the contractor. The calculation
shall be based on the net balance recovered after the third-party collection company has been paid.
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Contractor shall accept automated or manual transfers of account information from the City or other
contractor’s database. It is expected that the contractor will work (at no additional cost) with the City
and its software to ensure accurate and timely transmission of data.
Contractor shall accrue interest on outstanding balances at a rate established in the City as authorized
by the Chula Vista Municipal Code or by resolution of the Chula Vista City Council.
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 collection
agency.
Contractor shall not have authority to accept a compromise settlement on any account without written
consent of the Finance Director/Treasurer or designee for all accounts. This consent may be
accomplished by setting parameters under which the Contractor may accept a settlement without
written permission.
The City reserves the right to withdraw a delinquent 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 or third-party collection agencies whose tactics may be interpreted
as harassment or as demeaning or that may reflect poorly on the City's efforts. 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.
4. Reporting and Documentation
Contractor shall submit monthly status reports on all accounts detailing its collection activities for the
previous month. The monthly status report shall reference the City’s fund and revenue account number,
as well as type of receivable. The monthly report shall include data for each account, detailing
information such as: original placed value of debt, the value of the current debt money received, charges
waived, interest charged, 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 pertinent information such as:
receipts, net accounts receivable, total accounts receivable, and collection percentage as well as
uncollected amounts and percentage change from prior month.
The contractor shall mail a monthly check for the City’s portion of alarm program revenues to:
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RFP P27-17/18 June 28, 2018
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City of Chula Vista Police Department
Attention: Principal Management Analyst
315 Fourth Avenue
Chula Vista, CA 91910
In addition to the monthly status report and a monthly bank statement, a detailed and summarized aging
report shall be available by the City’s fund and revenue account number. Aging reports shall be provided
upon City request.
A fiscal year-end report, as of June 30, shall be provided to include, by the City's fund and revenue account
number:
a. Detailed listing of all accounts by type
b. Detailed listing of all accounts closed in past year by type
c. Detail of all activity by account in past year by type
d. Summary of all the above reports
The Contractor team shall meet at least twice annually with the Finance Director/Treasurer and other
City staff to discuss all services and collection results. The Contractor shall also provide recommendations
on how the City can reduce future bad debt. The Contractor shall provide updates to the City on changes
in state and federal laws related to credit and collections.
Contractor shall maintain records supporting each assigned 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 shall 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 reported and remitted.
The Finance Director/Treasurer, or designee, shall be allowed access to debtor accounting information
through an on-line terminal or the internet providing the ability generate recovery analysis reports or
audit debtor files at any time.
5. Proposal Format and Content
Proposers shall submit proposals in the following format, with a table of contents and include all
elements listed below.
1. Transmittal Letter with Executive Summary: Document summarizing the proposal and the proposed
fee structure.
2. Scope of Work: A detailed Scope of Work, including timeline for project implementation.
The Scope of Work must address the following components, as well as any other items deemed
necessary by bidder:
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a. Describe in detail how the bidder proposes to accomplish the individual tasks contained in
Sections 2, 3 and 4.
b. Describe bidder’s collection methodology, from initial account receipt through resolution.
c. Provide bidder's collection rate of success.
d. Provide sample of the letters sent to delinquent accounts; and reports required in Sections 3 and 4.
3. Project Personnel: List the principal personnel who will be assigned to this project, a description of
their qualifications, and their responsibilities for this contract. Also, list recent projects on which the
principal personnel have worked and describe their responsibilities. The designated City Alarm
Administrator 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 authorization from
the City Alarm Administrator.
4. Bidder Qualifications and References: Provide the bidder's qualifications including a description of
similar contracts that bidder has engaged in the last three (3) years that are similar in size and scope of
this RFP. Provide a list of all clients served and services provided, as relevant to this RFP, with
organization name, address, contact person's name, phone number and dates services provided. The
City reserves the right to contact any organization or individuals listed. Provide a statement of the
bidder's ability to make collections in all 50 states and the ability to file reports with the three major
national credit bureaus.
5. Fee Proposal: The City shall not incur any costs for this program. All monies paid to the Contractor
will be deducted from the collected fines and fees. A detailed accounting of collections less City owed
fees will accompany remittance to the City. If current laws allow a Contractor fee to be added to the
principal amount of the debt to the City, the City will consider this method versus reducing their
principal in the amount of the charge.
Contractor shall instruct consumers to submit payment due to the City of Chula Vista at the collection
agency. Any payments received at the City will be forwarded to the collection agency for processing.
The collection agency will be notified of any payment forwarded by the City. The funds received by the
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:
a. The basis of the fee (such as flat fee per account assigned, percentage of revenue collection, etc.)
b. The fee or manner in which a fee would be negotiated for any other accounts or indebtedness not
specifically listed in this RFP the City may assign for collection.
2018-10-02 Agenda Packet Page 20
RFP P27-17/18 June 28, 2018
10 | P a g e
c. The fee for any accounts referred by the Agency for legal action to either in-house or contract
attorneys.
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.
6. Other Documents:
a. References
b. General Conditions – page 2
c. Proposal and Offer to Contract
6. Evaluation Criteria
Following the receipt of responses to this Request for Proposal (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. The City will evaluate each proposal based on the firm’s combination of
strengths, experience, customer service and price.
2018-10-02 Agenda Packet Page 21
1 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH PM AM CORPORATION
TO PROVIDE SECURITY ALARM MANAGEMENT SERVICES
This Agreement is entered into effective as of October 15, 2018 (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and PM AM Corporation, a Texas Corporation
(“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the
following facts:
RECITALS
WHEREAS, on June 28, 2018, the City issued Request for Proposal (RFP) # P27-17/18 to seek qualified
companies to provide security alarm management services; and
WHEREAS, Contractor/Service Provider was selected as a result of the RFP process and has been
providing security alarm management services for the Police Department since 2013; and
WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with
the time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
2018-10-02 Agenda Packet Page 22
2 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Contractor/Service Provider hereby agree as follows:
1. SERVICES
1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the
“Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this
reference, within the time frames set forth therein, time being of the essence for this Agreement. The
services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service
Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service
Provider under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and
confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated
with the reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider
provide additional services related to the Required Services (“Additional Services”). If so, City and
Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an
amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the
Additional Services shall be charged and paid consistent with the rates and terms already provided therein.
Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this
Agreement.
1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all
Required Services hereunder shall be performed in accordance with the highest standard of care exercised
by members of the profession currently practicing under similar conditions and in similar locations.
1.5 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 Contractor/Service Provider of responsibility for
complying with all laws, codes, industry standards, and liability for damages caused by negligent acts,
errors, omissions, noncompliance with industry standards, or the willful misconduct of the
Contractor/Service Provider or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for
Contractor/Service Provider to provide additional security for performance of its duties under this
Agreement, Contractor/Service Provider shall provide such additional security prior to commencement of its
Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the
City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider
shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal
Code.
2018-10-02 Agenda Packet Page 23
3 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a
business license from City.
1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor/Service
Provider in the performance of the Required Services. Contractor/Service Provider agrees to take
appropriate measures necessary to ensure that all subcontractors and personnel utilized by the
Contractor/Service Provider to complete its obligations under this Agreement comply with all applicable
laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor
is expected to fulfill any responsibilities of the Contractor/Service Provider under this Agreement,
Contractor/Service Provider shall ensure that each and every subcontractor carries out the
Contractor/Service Provider’s responsibilities as set forth in this Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or
Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate when
the Parties have complied with all their obligations hereunder; provided, however, provisions which
expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate
Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard
terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for
services performed each month, within thirty (30) days of the end of the month in which the services were
performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month
following the Effective Date of the Agreement. All charges must be presented in a line item format with
each task separately explained in reasonable detail. Each invoice shall include the current monthly amount
being billed, the amount invoiced to date, and the remaining amount available under any approved budget.
Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that
exceed the estimated budget.
2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City
shall pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made
in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s
discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the
amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services
detailed on each invoice (the “holdback amount”). Upon City review and determination of Project
Completion, the holdback amount will be issued to Contractor/Service Provider.
2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs
incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in
advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider
shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the
performance of the Required Services.
2018-10-02 Agenda Packet Page 24
4 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or
costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A.
City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of
or related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider,
its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to
the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the
performance of Required Services does not constitute a City final decision regarding whether such payment
or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a
waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines
that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City
will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return
such amount.
3. INSURANCE
3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of
performance of Required Services under this Agreement, and for twelve months after completion of
Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the
Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all
other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if
insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of
Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For
Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub-
contractors as insureds under its policies and/or furnish separate certificates and endorsements
demonstrating separate coverage for those not under its policies. Any separate coverage for sub-
Contractor/Service Providers must also comply with the terms of this Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance
specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general
liability additional insured coverage must be provided in the form of an endorsement to the
Contractor/Service Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement
must not exclude Products/Completed Operations coverage.
3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability 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
2018-10-02 Agenda Packet Page 25
5 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves
Contractor/Service Provider from its responsibility to provide insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified
mail, return receipt requested. Prior to the effective date of any such cancellation Contractor/Service
Provider must procure and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of
Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition,
Contractor/Service Provider waives any right it may have or may obtain to subrogation for a claim against
City.
3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance
with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall
impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar
language must be deleted from all certificates. The required certificates and endorsements should otherwise
be on industry standard forms. 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.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution
Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the
following requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the
beginning of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must
purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work
required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be
construed to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service
Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be
entitled to coverage for higher limits maintained.
2018-10-02 Agenda Packet Page 26
6 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall protect, defend,
indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers
(collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs,
expenses, (including reasonable attorneys’ fees and court costs), 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 Contractor/Service Provider, its officials,
officers, employees, agents, and contractors, arising out of or in connection with the performance of the
Required Services, the results of such performance, or this Agreement. This indemnity provision does not
include any claims, damages, liability, costs and expenses arising from the sole negligence or willful
misconduct of the Indemnified Parties. 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 Indemnified Parties which
may be in combination with the active or passive negligent acts or omissions of the Contractor/Service
Provider, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this
Section 4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost,
expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted
against one or more of the Indemnified Parties. Subject to the limitations in this Section 4,
Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be rendered
against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred b y
any of them.
4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s
obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the
Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider.
Furthermore, Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or
excuse any of Contractor/Service Provider’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City incurs in
enforcing Contractor/Service Provider’s obligations under this Section 4.
4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination
of this Agreement.
5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and Contractor/Service Providers performing work for government
agencies to publicly disclose certain of their personal assets and income using a Statement of Economic
Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service
2018-10-02 Agenda Packet Page 27
7 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated
into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to
file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any
economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be
performing the Required Services, in any real property or project which is the subject of this Agreement.
Contractor/Service Provider warrants and represents that it has not employed or retained any company or
person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents
that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved
subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Contractor/Service Provider further warrants and represents that no officer or employee of City, has any
interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds
hereof, or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors.
Contractor/Service Provider further agrees to notify City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these
warranties, City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to
perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service
Provider shall violate any of the other covenants, agreements or conditions of this Agreement (each a
“Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law
or in equity, City shall have the right to terminate this Agreement by giving five (5) thirty (30) days written
notice to Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination
date. If Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified
termination date, and City agrees that the specified Default is capable of being cured, City may grant
Contractor/Service Provider up to ten (10) thirty (30) additional days after the designated termination date to
effectuate such cure. In the event of a termination under this Section 6.1, Contractor/Service Provider shall
immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by
Contractor/Service Provider as part of the Required Services. Such Work Product shall be City’s sole and
exclusive property as provided in Section 7 hereof. Contractor/Service Provider may be entitled to
compensation for work satisfactorily performed prior to Contractor/Service Provider’s receipt of the Default
notice; provided, however, in no event shall such compensation exceed the amount that would have been
payable under this Agreement for such work, and any such compensation shall be reduced by any costs
incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15)
thirty (30) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider
shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in
Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in
Section 7 hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation
for this Work Product in an amount equal to the amount due and payable un der this Agreement for work
satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining
2018-10-02 Agenda Packet Page 28
8 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
Required Services requested or approved by City in advance that would maximize City’s value under the
Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
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 be amended, the provisions of which, including such policies and procedures used by
City in the implementation of same, are incorporated herein by this reference. Upon request by City,
Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably
consents to service of process on Contractor/Service Provider by first class mail directed to the individual
and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such
service shall be effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the
performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive
property of City. No such Work Product shall be subject to private use, copyrights or patent rights by
Contractor/Service Provider in the United States or in any other country without the express, prior written
consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use,
copyright or patent, in whole or in part, any such Work Product, without requiring any permission of
Contractor/Service Provider, except as may be limited by the provisions of the Public Records Act or
expressly prohibited by other applicable laws. With respect to computer files containing data generated as
Work Product, Contractor/Service Provider shall make available to City, upon reasonable written request by
City, the necessary functional computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s
unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or
responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City
may grant, condition or deny in its sole discretion.
2018-10-02 Agenda Packet Page 29
9 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind
Contractor/Service Provider to its obligations hereunder without any further action or direction from
Contractor/Service Provider or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all
data, documents, reports, records, contracts, and supporting materials relating to the per formance of the
Agreement, including accounting for costs and expenses charged to City, including such records in the
possession of sub-contractors/sub-Contractor/Service Providers.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a
wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s
officers, employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in
this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City,
and none of them shall be entitled to any benefits to which City employees are entitled, including but not
limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Furthermore, City will not withhold state or federal income tax, social security tax or an y other
payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service
Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to
same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service
Provider shall not incur or have the power to incur any debt, obligation or liability whatsoever against City,
or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party sha ll 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 return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
(End of page. Next page is signature page.)
2018-10-02 Agenda Packet Page 30
10 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor/Service Provider agree that they have read and understood all terms and conditions of the
Agreement, that they fully agree and consent to bound by same, and that the y are freely entering into this
Agreement as of the Effective Date.
PM AM CORPORATION CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
PANKAJ KUMAR MARY CASILLAS SALAS
CHIEF EXECUTIVE OFFICER MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
2018-10-02 Agenda Packet Page 31
11 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Chula Vista Police Department
Jonathan Alegre, Police Administrative Services Administrator
315 Fourth Avenue, Chula Vista, CA 91910
(619) 476-2570
jalegre@chulavistapd.org
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Contractor/Service Provider Contract Administration:
PM AM CORPORATION
Pankaj Kumar, Chief Executive Officer
5430 LBJ Freeway, Suite 370, Dallas TX 75240
(972) 831-7401
pankajk@pmam.com
For Legal Notice Copy to:
[same as above]
2. Required Services
A. General Description:
PM AM Corporation shall provide security alarm management services on behalf of the City, including
but not limited to:
• A self-service web portal allowing residents to apply for a permit, pay fees and fines, update contact
information, and view alarm incidents.
• A secure web portal for the City to access alarm data through various reports and queries. Reports
should be exported in both PDF and Excel format.
• Offer a toll-free support center for alarm inquiries, with customer service representatives available
Monday to Friday from 8:00 a.m. to 5:00 p.m. Pacific Standard Time.
• Administer billing and collections processing for all City alarm users.
• Track the count of alarm permits, update alarm user information, and provide reporting to the City on
permit registration status.
2018-10-02 Agenda Packet Page 32
12 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
• Work directly with alarm companies to exchange new and discontinued alarm user account
information.
• Track the count of false alarms for each alarm site and determine when locations shall be placed on
Verified Response status.
• Provide educational resources for alarms users of best practices for reducing/eliminating false alarms.
An online training course shall be available to educate alarm users how to reduce false alarms or to
fulfill the requirement of the first violation fine waiver.
B. Detailed Description:
ALARM MANAGEMENT SOLUTION
PMAM Corporation shall use its 100% web-based solution, False Alarm Management Solution (FAMS), to
track and store alarm permit information, alarm incidents, accounts receivables in real-time. The City of Chula
Vista shall have access to multiple portals allowing them to search or cross-reference permit information by
alarm user name, address and multiple search criteria to view the account history and alarm enforcement
actions. These portals shall allow the city staff to review and audit all the data associated with permits, billings,
collections, as well as run ad hoc reports as needed.
PM AM Corporation shall maintain robust data and financial controls for safe and reliable administration of the
alarm program.
PM AM Corporation is SSAE-16, SOC I certified through BDO USA, LLP.
FAMS resident self-service portal shall be accessible to residents to register their alarm systems or update their
contact information online. The self-service portal shall be custom-designed to match the City website
appearance and shall be integrated with the City’s existing website, striving to create a safe, transparent, and
risk-free environment for the community. The portal shall make the permit application process easy and
accurate, and completed applications shall be presented to the resident for review prior to submission. PM AM
Corporation’s custom-designed videos, available at the resident portal, shall empower residents in learning the
permitting and payment processes.
PM AM Corporation shall deploy its mobile strategy and launch its full-service Smartphone apps for iOS and
Android devices. Using these apps, residents shall be able to perform 8 key functions, including alarm permit
registration easily and conveniently. Residents shall also be able to contact PM AM customer support staff to
complete the alarm registration via telephone as well.
CUSTOMER SUPPORT CENTER
The City of Chula Vista shall have a dedicated toll-free number for its alarm users to contact a Customer
Support Center managed by PM AM Corporation. Alarm users shall also have an option to email PM AM
customer support staff, or request call back from PM AM support team for a quick resolution.
PM AM Customer Support Center shall be available Monday to Friday from 8:00AM to 5:00PM Pacific
Standard Time.
Customer Support Center shall provide services in English, Spanish, as well as offer translation services in 175+
different languages.
2018-10-02 Agenda Packet Page 33
13 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
PM AM Corporation shall provide an option for inbound callers to leave a voicemail message for those calling
after normal business support hours. PM AM Corporation shall return any voice mail messages the next
business day.
PM AM Customer Care and Collections representatives shall be rigorously trained to communicate honestly,
courteously and transparently as required by the Fair Debt Collection Practices Act and other state and federal
laws. All invoices and communication shall clearly communicate that PM AM Corporation is collecting a debt on
behalf of the City of Chula Vista, and shall include factual details that reasonably support the validity of the debt.
PM AM Corporation understands that the City has high customer service expectations. PM AM Corporation shall
seek the highest degree of professionalism and courtesy from their service representatives and provide extensive
customer service training to each employee before they start taking live calls.
IMPORT OF FALSE ALARM INCIDENTS
PM AM Corporation and the City shall collaborate to transfer alarm information from the City to FAMS on an
ongoing basis at no additional cost to the City and ensure accurate and timely transmission of data from the City to
FAMS.
False alarm incidents shall be imported into FAMS on a daily basis. Incidents shall be matched to the alarm
accounts within 24 to 48 hours of receiving the data from the City.
PM AM Corporation and City of Chula Vista shall work together to establish processes, which allow the transfer of
Computer Aided Dispatch (CAD) alarm data to the FAMS system. The City of Chula Vista in its Request For
Proposal # P27-17/18 has requested an automated interface between its Motorola Premier One CAD and FAMS.
PM AM Corporation confirms its experience and ability to interface with Motorola Premier One CAD, should the
City decide to go this direction.
ALARM NOTIFICATIONS
PM AM Corporation shall generate automated call notifications to notify the alarm users of false alarm incidents or
verified response status within 3 to 5 business days of the receipt of alarm data from the City.
BILLING PROCESS
Based on its customizable rule-based solution, FAMS shall adopt the billing criterion and all associated fees,
including false alarms charges that are billable based on location type (residential, commercial, exempt), false
alarm count, and the total fine for each location.
Billing shall be processed on a weekly basis.
FAMS shall generate invoices for false alarm fines, registration, renewals, interest charges etc. and reminders for
unpaid invoices via email, physical mail and/or mobile strategy.
PM AM Corporation shall use their rule-based billing process to track the permit renewal dates and send accurate
permit renewal notices to alarm users. Reports shall be reviewed by PMAM Corporation’s Billing Specialist to
verify all permit registration and renewal notifications have been processed correctly.
Invoices shall be sent 45 days prior to the permit expiration date, thus providing ample time to residents to pay
and remain compliant with the City’s Ordinance.
2018-10-02 Agenda Packet Page 34
14 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
PM AM Corporation and City staff shall work together to finalize the content of the invoices based on City
requirements.
COLLECTIONS PROCESS
PM AM Corporation shall take full responsibility of collecting all fees, fines and charges of delinquent accounts.
PM AM Corporation shall offer multiple payment options to Chula Vista alarm users:
• Checks or money-orders
• Credit Cards, Debit cards and E-checks via:
• Pay via phone using by calling Customer Support Center
• On-line, via self-service web portal
• Via iPhone/Android app
• Via Interactive Voice Response (IVR) over the weekends
PM AM Corporation shall partner with Authorize.Net and EVO Merchant Services as a payment gateway hosted
software application on PM AM Corporation’s server, which shall authorize credit card payments between the self-
service website and each credit card processor. Information such as credit card numbers, amount, and customer
name shall be encrypted and passed to the credit card processor, who shall process the payment through the
Visa/MasterCard network. All payments shall be made in compliance with PCI.
All payments received via credit cards, debit cards, e-check shall be posted in real-time with a copy of the
confirmation sent to the alarm user immediately. All payments received by checks or money-order shall be posted
within 1 to 3 days of receipt.
PM AM Corporation shall issue refunds from the alarm program bank account on behalf of the City of Chula Vista
for over payments. As a part of its monthly reconciliation, PM AM Corporation shall provide a monthly report
online as well as through email to the City staff for all refunds issued.
In accordance with the City of Chula Vista Alarm Ordinance Chapter 9.06, failure to pay alarm fines results in 10%
basic penalty along with a delinquency charge of 1.5% per month to the alarm user.
To maximize the effectiveness on collection accounts, PM AM Corporation shall apply their process-driven
comprehensive collections process which includes:
• Sending invoices via physical mail (USPS), email and/or mobile strategy
• Courtesy email reminders every week for unpaid invoices past the due date
• Automated phone calls on bi-weekly basis
• Courtesy phone calls by PM AM staff on bi-weekly basis
PM AM Corporation shall employ proactive and reactive skip-tracing procedures to process return mail and track
alarm users, in order to clear outstanding balances in a timely fashion.
PM AM Corporation shall utilize technology to track Forwarding Address changes to track and reach out to debtors
and forward outstanding invoice information to the correct addresses.
PM AM Corporation shall integrate perform skip tracing through cities’ water/utilities databases, if the process is
approved by the City.
PM AM Corporation shall present the City with other solutions to perform skip tracing utilizing several other
informational databases. These databases include:
• Online Criss-Cross Directories
2018-10-02 Agenda Packet Page 35
15 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
• Google
• Contacting the alarm companies
• Yellow Pages
PM AM Corporation shall use processes for eliminating mailing errors for the City. This shall include using
forwarding information for alarm users to reduce incorrect addresses, wasted mailings, as well as utilizing latest
industry leading solutions to obtain updated and current address information prior to mailing.
PM AM Corporation shall work with a third-party collection agency for delinquent alarm accounts on behalf of the
City and does not assume full rights to any alarm accounts. PM AM Corporation shall extend full cooperation to
City staff and the third-party collection agency in collection matters after the accounts are handed over. All data
pertaining to the security alarms is owned by the City and shall be returned to the City upon termination of
services with PM AM Corporation.
PM AM Corporation shall work with City staff to launch the third-party collection activity as proposed by the City
and shall notify each alarm user with an outstanding balance of the City’s initiative and the request for payment.
Alarm users who fail to pay the outstanding balance within 180 days of invoice due date shall be referred to the
third-party collection agency for credit bureau reporting.
The City shall be able to monitor the progress of the collection accounts on an ongoing basis. The City’s Finance
Director/Treasurer shall also have the authority to recall or remove from the affected bureaus and PM AM
Corporation shall execute the same and provide documentation to the City’s Finance Director/Treasurer.
PM AM Corporation shall not offer or accept a compromise settlement on accounts without written approval from
the City’s designee and shall continue to work with the City on case-by-case basis or by setting parameters
agreeable to the City’s designee to offer such settlements on delinquent accounts.
The City and PM AM Corporation shall have 100% transparency for the credit bureau reporting. PM AM
Corporation shall create a process after due diligence and exploration with the City officials and Federal laws. The
City and PM AM employees shall be able to assign delinquent accounts (over 180 days past due) for the credit
bureau reporting after the approval from the City’s Finance Director/Treasurer.
PM AM Corporation agrees to the City’s right to withdraw a delinquent account from collection and/or legal
activity to be performed by PM AM staff. In cases where the account is withdrawn or no money has been collected,
PM AM Corporation shall not receive or charge the City any money for such accounts.
In the event a person or organization engages an attorney or notifies PM AM that he or she refuses or is incapable
of paying the debt, PM AM Corporation shall cease communication with the debtor immediately. If an attorney is
engaged, PM AM Corporation shall only attempt to collect through communications with the attorney as required
by the Fair Debt Collection Practices Act. A t no point shall any PM AM employee mislead, threaten, or harass the
debtor in efforts to collect.
PM AM Corporation shall create an end-to-end collections process in consultation with the City staff to ensure each
step is transparent, visible and is in accordance with the City’s expectations.
When a third-party collection agency is used, PMAM Corporation shall receive 12% revenue share of the net
balance collected after the third-party collection agency has been paid.
In case the City opts for a lockbox, the lockbox charges shall be paid by the program before the foregoing split of
revenue. A local address shall be obtained if the City opts for lockbox.
//
2018-10-02 Agenda Packet Page 36
16 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
ALARM PERMITS
PM AM Corporation’s FAMS shall track permit registration status (active, cancelled, expired, suspended, verified
response etc.), as well as false alarm responses for both registered and unregistered locations. FAMS shall
generate and mail false alarm notifications, invoices, reminders to both registered and unregistered locations.
City staff and the alarm companies shall have real-time access to their customers along with the registration status
and shall be able to export this data from FAMS as needed.
FAMS shall track the alarm locations identified as unregistered through the alarm incident data as well as alarm
company new customer data set and assigns a temporary account number. These locations shall be engaged
through alarm fee, registration invoices along with the City’s information sheet. Once the alarm fee is paid, the
account shall be converted to a permanent permit number along with merging the newly obtained information
from the alarm users.
PM AM Corporation shall track and report the status change of an account on monthly basis as well as the
percentage change over the contract period. FAMS has several reports which can easily accommodate this data set.
PM AM Corporation shall work with the City staff to incorporate changes in a format needed by the City.
On monthly basis, PM AM Corporation shall engage directly with the alarm companies to request alarm
installations data on behalf of the City of Chula Vista.
Once the data is received from the alarm companies, PM AM Corporation shall scrub the provided data against the
permit data and all locations found to be unregistered shall be notified of the ordinance requirements and shall be
sent an alarm registration invoice along with the information sheet of the City’s alarm program and the permit
application. PM AM Corporation shall enter this data into FAMS within 30 days of receipt from the alarm company,
which includes, but not limited to, alarm user name, address, alarm company account number, temporary account
number as assigned by FAMS and the permit status. This alarm data should be readily available to the City in real
time.
PM AM Corporation shall provide a report to the City listing the variances between the alarm installations and the
number of permitted locations via the FAMS administrative portal within 30 days of receipt of data from the alarm
companies.
FAMS reports shall provide City staff with electronic listing of new registrations and permits renewed in real-time.
This report shall be generated in PDF or Excel format. PM AM Corporation shall work with the City to make
changes to its existing reporting to include the changes in registration status in the report as well.
PM AM processes shall follow address verification through the City’s GIS team before a permit is issued.
After a permit is registered, a copy of the permit decal shall be immediately emailed to the alarm user. In cases
where an email address is not available, the decal shall be sent via USPS mail.
Alarm users shall be provided access to login to their secure account to download a copy of the alarm permit
template (decal). Additionally, PM AM Corporation shall send the alarm permit template to residents via email
and/or USPS mail when a registration or renewal invoice is paid.
PM AM Corporation shall work towards increasing the permitting compliance and engage alarm users through a
multi-level strategy to ensure that residents can register for an alarm permit. Some of these strategies are detailed
below:
• Water-bill Inserts and Social Media alerts
• Multi- Family and HOA engagement
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17 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
• PM AM’s proprietary Artificial Intelligence/Robotic Algorithms
• Alarm Company Engagement
• Business License Registrations
VERIFIED RESPONSE
In accordance with the City of Chula Vista’s Ordinance Chapter 9.06, FAMS shall place an alarm location on Verified
Response (VR) status for having four (4) or more false alarms in a 12-month period. FAMS automatically shall
generate and email a list of new locations placed on Verified Response to alarms@chulavistapd.org on a daily basis.
In addition to sending email notification to City staff, FAMS shall generate an automatic email notification to the
alarm companies if their customer’s alarm site is placed or removed from Verified Response including the permit
number, alarm site address and the permit status.
APPEALS PROCESS
PM AM Corporation has an online appeal module which shall be launched for Chula Vista alarm users to file
appeals:
• In-Person Hearings
o When a resident elects to have an in-person hearing, the invoice shall provide the needed
information for the resident to fill out a form available on the website for alarm users or call FAMS
Customer Support Center or, submitting it by email or USPS.
o Alternatively, in cases where the permit may have been revoked due to excessive false alarms, a
revocation notice shall be mailed to the resident, along with the instructions to request an appeal
hearing. The FAMS solution shall provide a function similar to the court docket system, where the
platform allows the City to schedule the requested hearing in the time slots that the hearing officer
has notified FAMS that he or she is available.
• Alternative Process for Appeals by Mail
o When a resident elects to appeal, the customer service representative shall take the information by
phone or by mail shall submit the appeal request on the resident’s behalf for the hearing officer to
review at his or her convenience.
In the case of both in-person hearings and appeals by phone, the hearing officer shall be able to enter the appeal
decision into the FAMS solution. Once this information has been provided, a PMAM customer service
representative shall generate a notice to the contestant, providing the appeal’s decision.
EDUCATIONAL RESOURCES
PM AM Corporation shall work with the City to create a comprehensive alarm user outreach plan to create public
awareness about the alarm ordinance, program purpose and available resources to city residents and businesses
through multiple channels.
The plan shall include the following elements:
• Public announcements in community newspapers
• Water bill inserts
• Content of the False Alarm Reduction Academy
• Newsletter updates and website content
PM AM Corporation shall offer an online False Alarm Academy to Chula Vista alarm users. The False Alarm
Academy is an online school that shall allow alarm users to learn false alarm prevention strategies and complete a
test for understanding how to prevent future incidents. The Academy shall be established as part of an online
process with a secure login/password and shall allow the alarm users to complete the training and test as a part of
the permit reinstatement requirement as set by the City.
2018-10-02 Agenda Packet Page 38
18 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
CORRESPONDENCE AND REPORTS
All correspondence issued on behalf of the City shall be approved by City officials and PM AM Corporation shall
make any additional changes as required by the City staff at no additional cost.
FAMS shall be programmed to provide well-defined processes to generate City approved letters, invoices and
electronic notifications to residences and businesses.
PM AM Corporation shall provide additional reports as requested by the City staff and shall work with the City to
provide program information as needed by the City officials within 30 days from the initial request.
PM AM Corporation shall reconcile all deposits on daily, weekly and monthly basis and submit reconciled
statements to the City’s designee on a monthly basis. These statements shall provide summary of the financial
activity performed during the month as well as transaction level details of each such activity in form of a ledger
report. The City’s designee shall have real-time access to FAMS to generate these statements as required for a
specific month or for the complete Fiscal Year by selecting the date range. PM AM and City staff shall work
together to review these reports and shall accommodate changes, if needed.
PM AM Corporation shall mail a check for the City’s share of revenue for the alarm program to the following
address on monthly basis:
Chula Vista Police Department
Attention: Principal Management Analyst
315 Fourth Avenue
Chula Vista, CA 91910
FAMS reporting shall allow the City staff to generate a detailed and summarized aging report in real-time. This
report shall be able to be generated in both PDF and Excel format. Additionally, PM AM Corporation shall provide a
monthly summarized report for the aging as a part of its monthly reconciliation process to the City.
FAMS offers several reports which can be run by the City staff to generate the following required information:
A fiscal year-end report, as of June 30 and shall include, but not limited to:
a. Fund and revenue account number
b. Detailed listing of all accounts by type
c. Detailed listing of all accounts closed in past year by type
d. Detail of all activity by account in past year by type
e. Summary of all the above reports
PM AM Corporation shall work with City staff to incorporate any additional details to its existing reports as
required by the City at no additional cost.
PM AM Corporation shall hold quarterly meetings between the City staff and PM AM staff as a best-practice
initiative on an on-going basis to help the City further reduce its false alarm and increase cost-recovery and to
discuss all service and collection results. Additionally, PMAM Corporation shall provide recommendations on how
the City can reduce future bad debt. PMAM Corporation shall provide updates to the City on changes in state and
federal laws related to credit and collections.
FAMS shall maintain information related to alarm permits, alarm calls, receivables in real time. FAMS technical
architecture shall have the capacity to store an enormous amount of data without need to archive. This includes:
records supporting each assigned account (correspondence, documents, accounting records, banking records and
2018-10-02 Agenda Packet Page 39
19 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
other relative evidence) and shall be made available to the City for review upon request. These records shall 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 reported and
remitted.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin October
15, 2018 and end on October 14, 2019 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
As a third-party administrator, Consultant shall collect revenues on behalf of the City for the City’s Security
Alarm Program, which includes permit fees, false alarm fines, late fees, and any other fees or fines associated
with the City’s Security Alarm Program. City and Contractor shall share the net revenue collected from the
City’s Security Alarm Program:
Item Description City of Chula Vista share PM AM Corporation share
Net revenue collected from City’s
Security Alarm Program
88% 12%
B. Reimbursement of Costs
☒ City shall pay the bank fees and postage costs associated with the security alarm program. If the City opts for
a lockbox, the lockbox charges shall be paid by the City before the foregoing split of revenue.
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services
performed through October 14, 2019 shall not exceed $100,000.
5. Special Provisions:
☐ Permitted Sub-Contractor/Service Providers: None.
☐ Security for Performance: None.
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for three (3) additional terms, defined as a one-year increment or every October 15, through October 14, 2022 .
The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of
the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions
contained herein, provided that the amounts specified in Section 4 above may be increased by up to 0% for each
extension. The City shall give written notice to Contractor/Service Provider of the City’s election to exercise
the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least
30 days prior to the expiration of the term.
2018-10-02 Agenda Packet Page 40
20 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees
to provide the following types and minimum amounts of insurance, as indicated by checking the applicable
boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 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 Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
Other Negotiated Insurance Terms: NONE.
2018-10-02 Agenda Packet Page 41
21 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
EXHIBIT C
CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some Contractor/Service Providers, to make certain public disclosures
using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document,
accessible to any member of the public. In addition, Contractor/Service Providers designated to file the Form
700 are also required to comply with certain ethics training requirements.3
☐ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4
from disclosure.
☒ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure
designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Shall Be Providing
Service Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and complete
separately for each individual
Enter email address(es) ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the Contractor shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☒ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's
online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be
required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the
Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to
the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services
the Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the
Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If
you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691 -
5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code.
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include
corporation or limited liability company).
2018-10-02 Agenda Packet Page 42
22 City of Chula Vista Agreement No.: 18090
Consultant Name: PM AM Corporation Rev. 10/24/17
Completed by: Joseph Walker, Supervising Public Safety Analyst – Police Department
2018-10-02 Agenda Packet Page 43
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October 2, 2018 File ID: 18-0457
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITVE BIDDING
PROCESS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DAVY
ARCHITECTURE IN AN AMOUNT NOT TO EXCEED $98,000
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
On February 7, 2017, the City Council approved the Development Services Department to submit an
application for a Household-Related Parks (HRP) Grant from the California Department of Housing
Community Development (Resolution No. 2017-023). HRP grant funds are to be used for the creation or
rehabilitation of parks and/or recreational facilities that benefit the community and add to the quality of
life. The City received a grant award of $629,450.
On September 25th, the City Council approved a resolution accepting the Household-Related Parks (HRP)
grant funds and amended the operating and capital improvement program budgets to appropriate the
grant funds. This resolution, if approved, would allow the City Manager to execute a two-party agreement
with Davy Architecture in the amount of $98,000.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical
Exemption pursuant to State CEQA Guidelines Section 15303 Class 3 (New Construction or Conversion of
Small Structures) and/or Section 15301 Class 1 (Existing Facilities) because it does not have a significant
effect on the environment. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not Applicable.
DISCUSSION
The City was awarded a State of California grant for the Housing-Related Parks Program (HRP) for
$629,450. This program is funded through the passage of Proposition 1C, which creates incentives and
rewards local governments for building affordable housing by providing grant funds for needed parks in
those communities. The grant funds may be used for the creation, development, or rehabilitation of park
and/or recreation facilities.
2018-10-02 Agenda Packet Page 44
P a g e | 2
In 2016, Davy Architecture completed a conceptual design for the deck project. As time is of the essence
with the grant funds needing to be spent by April 30, 2019, it is impractical to go through a competitive
bidding process to select a design consultant. Municipal Code Section 2.56.110 H.2. states that Council or
Purchasing Agent may waive the competitive selection process as impractical because of the necessity of
completing the project and that the City’s interests would be materially better served by applying a sole
source selection of Davy Architecture to complete the necessary design work as they are the most familiar
with the project and have committed to completing the work timely in order to spend down the grant funds
in accordance with the grant guidelines.
Staff will return to the City Council to award a construction contract at a future date.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council of the City of Chula Vista members and has
found no property holdings within 500 feet of the boundaries of the property, which is the subject of this
action. Consequently, this item does not present a disqualifying real property-related financial conflict of
interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political
Reform Act (Cal. Gov’t Code §87100,et seq.).
Staff is not independently aware, and has not been informed by any City of Chula Vista City Council
member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. This action supports the
Operational Excellence goal by communicating the City’s projected financial position for the current fiscal
year in an open and transparent manner. This action supports the goals of a Healthy Community and a
Connected Community by making park space and recreation available for residents to enjoy.
CURRENT-YEAR FISCAL IMPACT
This project and the grant funds necessary to design and construct it were approved by City Council on
September 25th. There is no general fund impact as a result of this action.
ONGOING FISCAL IMPACT
Upon completion of the project, the improvements will require routine City maintenance.
ATTACHMENTS
1. None
Staff Contact: David Bilby, Finance Department
2018-10-02 Agenda Packet Page 45
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE
COMPETITIVE BIDDING PROCESS AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH DAVY ARCHITECTURE IN AN AMOUNT NOT TO
EXCEED $98,000
WHEREAS, on February 7, 2017, by Resolution No. 2017-023, the City Council
authorized the Development Services Department to submit an application for a Household-
Related Parks (HRP) Grant from the Department of Housing Community Development; and
WHEREAS, the HRP Grant funds are to be used for the creation or rehabilitation of
parks and/or recreational facilities that benefit the community and add to the quality of life; and
WHEREAS, on September 25, 2018, City Council approved Resolution No. 2018-202,
amending the Operating and Capital Improvement Program budgets to establish a new CIP
project for the Civic Center Library Outdoor Deck Addition (GGV0244), and appropriating
$629,450 of HRP grant funding; and
WHEREAS, staff recommends authorizing the City Manager to execute an agreement
with Davy Architecture, and waiving the competitive bidding process, pursuant to Chula Vista
Municipal Code (“CVMC”) section 2.56.110.H., because it would be impractical to utilize that
process due to the limited time available to complete the project, and because the City’s interests
would be materially better served by applying a sole source selection of Davy Architecture, as
they are the most familiar with the project and have committed to completing the work timely so
that the City may comply with the grant guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it does hereby:
1. Authorize the City Manager to negotiate and execute a two-party agreement with
Davy Architecture in an amount not to exceed $98,000, in a form acceptable to the
City Attorney; and
2. Waive the competitive bidding requirements with respect to the award of the contract
for this work, in accordance with CVMC section 2.56.110.H.
Presented by Approved as to form by
David Bilby Glen R. Googins
Director of Finance/Treasurer City Attorney
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1
Leah Larrarte
From:John McCann
Sent:Thursday, September 27, 2018 2:11 PM
To:Kerry Bigelow
Cc:Leah Larrarte
Subject:Mobile Home Rent Review Commission
Dear City of Chula Vista Clerks,
I am appointing Paula Whitsell as my appointment to the Mobile Home Rent Review Commission. Paula has already
submitted an application to the City.
Yours in Service,
John McCann
Councilmember, District 1
City of Chula Vista
2018-10-02 Agenda Packet Page 51