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08 Staff Report - Commercial Alarm Permit FeetION0F !ps G A.~ps DATE: TO: FROM: SUBJECT: COUNCIL AGENDA REPORT September 30, 2009 MAYOR AND TOWN COUNCIL MEETING DATE: 10/19/09 ITEM NO: 17K GREG LARSON, TOWN MANAGER or~ ESTABLISHMENT OF COMMERCIAL ALARM PERMIT FEE A. INTRODUCTION OF AN ORDINANCE REVISING TOWN CODE SECTION 14.50.010 REGARDING POLICE ALARMS AND INTRODUCTION OF COMMERCIAL ALARM PERMIT FEES B. ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH PMAM CORPORATION FOR PROFESSIONAL ALARM MANAGEMENT CONSULTANT SERVICES RECOMMENDATION: 1. Open and hold the public hearing. 2. Close the public hearing. 3. Direct the Clerk Administrator to read the title of the ordinance (no motion required). 4. Move to waive the reading of the ordinance (motion required). 5. Introduce the ordinance to effectuate the Zoning Code amendment (motion required). 6. Direct the Clerk Administrator to publish the ordinance within 15 days after adoption (no motion required). 7. Adopt resolution authorizing the Town Manager to negotiate and execute an agreement with PMAM Corporation for professional alarm management consultant services. BACKGROUND: The ordinance regulating police alarms was written in 1968 and revised most recently in 2001. The Town Council approved a resolution on April 6, 2009 establishing fees for FY09-10, which included a second false alarm fee of $50 and a commercial alarm permit fee of $50. PREPARED BY: Scott R. Seaman, Chief of Police - UALAP,Mcoucailreport 10.19.09v.2.doe Reviewed by: Minisirator Assistant Town Manager Clerk A ZZFinance - Town Attorney nmunity Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: AMENDMENT TO POLICE ALARM ORDINANCE DISCUSSION: The Town of Los Gatos police alarm ordinance section 14.50.0 10 addresses police alarm fees for false alarms, payment, appeals and no response status. The Town Council action on April 6, 2009 established a charge of $50 for each second false alarm, $110 for a third and so on to the sixth and subsequent alarm service charge which increases by $300 per activation. Prior to this action, there was no charge for a second false alarm at a residence or business. One of the strategies used by other jurisdictions to minimize the impact of false alarms, increase the amount of cost recovery associated to the responding of false alarms and ensure the department has accurate contact information for alarm customers is to implement an alarm permit registration process. Based on a survey of California cities through the California Police Chief's Association (CPCA), it was determined that approximately forty-one cities throughout California have alarm registration programs. Four jurisdictions in Santa Clara County have such a program (Morgan Hill, Santa Clara, Mountain View and Los Altos). The common theme for registration is that most jurisdictions require a registration for both commercial and residential alarms, the fees range from $5-$100 and the majority of cities require an annual renewal with a fine for non-compliance. The revised ordinance will not change how officers respond to alarms. The ordinance has been revised to reflect Town Council's direction to implement permits for only a commercial business alarm permit fee and to reduce the number of false alarms requiring a charge from three to two for residential and commercial properties. It is well established that the overwhelming majority (approximately 94%) of residential and commercial alarms are false, requiring a diversion of resources to these locations, sometimes requiring response to these alarms on average 10 times during a 24 hour shift. Additionally, several cities in California (Rocklin, Lincoln, Newark, Woodland and Santa Maria) have entered into an agreement with PMAM Corporation, an alarm management consulting firm out of hying, Texas to manage all aspects of the alarm permit and false alarm process, including- 71 a web based solution for business owners to obtain their permit, pay renewals, fines and access their account; O identify and maximize the number of businesses with alarms; O electronically upload calls for service regarding false alarms from the Police Department Record Management System; O provide training and education to citizens and business owners in Town concerning alarm operations; O the ability for the Police Department or PMAM to run monthly or specialized reports; O provide annual audits; and 0 collect all fees PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: AMENDMENT TO POLICE ALARM ORDINANCE PMAM will collect 35% of the revenue generated by the new commercial alarm permit fee and false alarm fees. All of the cities in California were contacted and expressed positive feedback regarding the consultant in addition to higher revenue being generated. Staff has reviewed PMAM's product/services and recommends use of this service instead of utilizing existing staff to perform these functions. CONCLUSION: In order to reduce the number of false alarm responses, recover costs and increase accurate contact information, staff is recommending the Town Council approve the revised ordinance and authorize the Town Manager to enter into an agreement with PMAM Corporation for alarm management. IRONMENTAL ASSESSMENT: This is not a project defined under CEQA and no further action is required. FISCAL IMPACT: Based on approximately 300 commercial businesses in Town in which the Police Department has received an alarm in the last year, the revenue was estimated at $10,000 for FY 09-10, The low estimate was due to the unknown time frame of implementation of this program and potential difficulty initially in compliance. It is anticipated that there will be more commercial business locations identified by PMAM and revenue could increase significantly. Revenue for the second alarm fee could rise slightly but was not included in the revenue estimate for FY 09-10. Attachments- 1. Ordinance 2. Agreement with PMAM Corporation 3. Resolution ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Sections 12.50.010 through and including 14,050.240 of Article V of Chapter 14 of the Los Gatos Town Code are hereby repealed in their entirety and replaced with the following: Sec. 14.50.010. Findings and purpose. The Town Council hereby finds as follows: (1) The public is making increasing use of police alarms, and the Police are therefore being called to respond to such alarms with increasing frequency. (2) More than ninety (90) percent of the alarms received and responded to turn out to be false. (3) False alarms not only impose a financial burden on the Town, but also, by demanding fast Police response, cause substantial risk both to Police personnel and the public. (4) It is therefore necessary to regulate the use of police alarm systems in the Town and to establish service charges to be assessed in the event of repeated false alarms. Sec. 14.50.015, Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alarm Permit. Documentation that a commercial establishment has filed the appropriate form and paid applicable fees to the Town of Los Gatos to operate an alarm system at a specified location. Alarm permits are non-transferable. Calendar Year. January 1 through December 31 of the current year. False alarm. Activation of a police alarm system, to which personnel of the Police Department respond, in circumstances where no Police emergency exists; provided, that such activation shall not be deemed a false alarm if the owner thereof establishes, by a preponderance of evidence, that the alarm was activated by matters entirely beyond the owner's control, including but not limited to acts of God or utility failures. Notice. A written notice, given by personal service, or by the United States mail, postage prepaid, addressed to the person to be notified at the person's last known address. Service of such notice shall be effective upon the completion of personal service, or upon the placing of the notice into the custody of the United States Postal Service. ATTACHMENT 1 Owner. The person who owns or controls a police alarm system, including but not limited to a lessee, tenant, or other agent of the legal owner of the premises wherein the alarm system is installed, provided that such agent had actual control of and responsibility for the operation of the premises at the time of any false alarm. Police alarm system, Any mechanical or electrical device which is designated or used for the detection or warning of unauthorized entry into a building, structure, or facility, or for alerting others of the commission of an unlawful act within a building, structure, or facility, or both, and which emits a sound or transmits a signal or message when activated. Police alarm systems include but are not limited to direct-dial telephone devices, audible alarms, and proprietor alarms. Devices which are not designated or used to register alarms perceptible from outside of the protected building, structure, or facility are excluded from this definition, as are auxiliary devices installed to protect the telephone system from damage or disruption by the use of an alarm system. Police emergency. The unauthorized violent breaking, and/or entering, damaging or burglary of a building, structure, vehicle, or other facility, or the commission of a violent act likely to produce immediate bodily harm, or an attempt or serious threat of any of the acts described herein. Premises. Those buildings, structures, vehicles or other facilities protected by a police alarm system and shall not include smaller or discrete subdivisions within such buildings, structures or facilities. DIVISION 2. OUTSIDE ALARMS Sec. 14.50.080. Requirements. (a) Notices required to be posted. Every person maintaining an outside audible alarm shall post a notice containing the names and telephone numbers of the persons to be notified in order to render repairs and service or secure the premises during any hour of the day or night if the alarm is activated. Such notice shall be posted near the alarm in such a position as to be legible from the ground level adjacent to the building where the alarm is located. The wording "Police Alarm--Call Los Gatos/Monte Sereno Police Department" shall be placed in a visible location next to the alarm device (b) Siren sounds prohibited. It shall be unlawful for any person to install or use a police alarm system which upon activation emits a sound similar to sirens in use on public emergency vehicles or for public disaster warning purposes. (c) Timing devices. All local exterior bells, gongs, noise-making devices or pulsating lights shall have a timing device that will silence or turn off such devices or lights within ten (10) minutes following initial activation. Sec. 14.50.085. Investigation. One (1) of the law enforcement officers responding to each alarm shall attempt to ascertain by investigation whether such alarm was a false alarm. If the investigation indicates to the investigating officer that the alarm was a false alarm, the officer shall forward a report of this investigation to the Chief of Police or designee setting forth the findings. Sec. 14.50.090. Notice to owner and review. (a) Upon receipt of the report of a false alarm, the Chief of Police or designee shall review the report and may overrule, affirm, or modify the findings of the officer as can be determined from the facts and this article. If the Chief or designee determines that a false alarm occurred as defined by this article, the Chief will cause a written notice to be served upon the owner of the alarm system. The notice will state the following: (1) A false alarm was apparently made from the described property and the circumstance involved in the false alarm; and (2) The suggested steps that should be taken to prevent future false alarms; and (3) A warning that if two (2) or more false alarms occur on the premises within a six- month period within a calendar year, an escalating service charge may be assessed by the Town against the owner; and (4) A statement that the owner may file a written response to the notice with the Chief within thirty (30) days of the date of the notice for the Chief or designee to consider in mitigation of the determination that a false alarm occurred, and a warning that the filing of a response is a necessary prerequisite to any current or future contention that the alarm was not false in either a judicial or administrative proceeding; and (5) If the false alarm will subject the owner to an assessment pursuant to section 14.50.225, a statement of the charge to be assessed and the basis for the charge. (b) The owner may respond in writing to the notice from the Chief within thirty (30) days of the notice. If such a response is filed, the Chief or designee will review the response and may conduct additional investigation as appropriate to determine whether a false alarm as defined in this article occurred. The determination of the Chief or designee following such a review shall be final, unless the determination of a false alarm would subject the owner to a false alarm assessment under section 14.50.225 because it would be the third or more false alarm within a six-month period within a calendar year, in which case, the appeal rights under 14.50.105 apply. If no response, or appeal if applicable, is timely filed, the original determination shall be final. Sec. 14.50.095. Notice of right to appeal. In any case where the false alarm will subject the owner to an assessment pursuant to section 14.50.225, the written decision of the Chief of Police will state that the owner may appeal the decision to the Town Manager by filing a notice of appeal with the Town Manager pursuant to section 14.50.100, and a warning that the filing of an appeal is a necessary prerequisite to any current or future contention that the alarm was not false in either a judicial or administrative proceeding. Sec. 14.50.100. Appeals. Any person who has filed a response to the Chief of Police and has received an adverse decision regarding a second or more false alarm within a six-month period within a calendar year or a notice of a "no response status" pursuant to section 14.50, 110 may appeal by filing a written notice of appeal with the Town Manager within fifteen (15) days after service of the notice of Chiefs decision. The written notice of appeal shall specify the grounds for the appeal, and the stated grounds shall constitute the scope of review for the appeal. Piling of a notice of appeal shall stay an assessment until the appeal has been heard by the Town Manager. The appeal shall be set for hearing within thirty (30) days from the filing of the notice of appeal. The Town Manager may overrule, affirm, or modify the decision of the Chief of Police regarding the false alarm or assessment amount, and the decision of the Town Manager shall be final and conclusive. Sec. 14.50.105. Payment. Within thirty (30) days of the service of the notice of assessment described in section 14.50.095, the owner of the subject alarm shall remit to the Tax and License Collector the full amount of the service charge. Sec. 14.50.110. No response status. After the police department has recorded more than five (5) false alarms within the calendar year, and after the responsible party of the location has been notified by first class mail that false alarms have occurred, the Chief of Police may authorize that the site be placed on a "no response status." The effective date of any no response status shall be twenty (20) days from the date of the notification, subject to an appeal filed pursuant to section 14.50.100. Once established, a no response status shall remain in effect until the Chief of Police is satisfied that adequate measures have been taken to eliminate the occurrence of false alarms, in which event the no response status shall be provisionally stayed for a maximum period of twelve (12) months. The occurrence of any additional false alarms during that provisional stay shall result in an immediate and non appealable reinstatement of the no response status. When completed, without additional false alarms, the provisional stay shall terminate. A responsible parry whose alarm system has been placed on no response status may appeal that decision as prescribed in section 14.50.100. DIVISION 3. AUTOMATIC CALLS Sec. 14.50.160. Prohibited without prior written consent. (a) No person, except a public utility engaged in the business of providing communications services and facilities shall use or operate, attempt to use or operate, or cause to be used or operated, or arrange, adjust, program or otherwise provide or install any device or combination of devices that will, upon activation either mechanically, electronically or by other automatic means, initiate an intrastate call and deliver a recorded message to any telephone number without the prior written consent of such subscriber. (b) The term telephone number includes any additional numbers assigned by a public utility company engaged in the business of providing communications services and facilities to be used by means of a rotary or other system to connect with the subscriber to such primary number when the primary telephone number is in use. Sec. 14.50.165. Registration. Owners of police alarm systems which operate in the manner described in section 14.50.160 shall register them with the Chief of Police or designee and shall provide the following information: (1) Name of alarm system owner. (2) Business name, if any. (3) Address where alarm system is located. (4) Billing address. (5) Alternate responsible parties (6) Such other pertinent information as is required by the Chief of Police. DIVISION 4. FALSE ALARMS See. 14.50.225. Service charge. There is hereby imposed a service charge upon every owner who reports, causes to be, or permits to be reported two (2) or more false alarms within a six-month period within a calendar year. Such service charge shall be set by the Town Council by resolution. A separate charge shall be imposed for each false alarm beyond two (2) within a six-month period within a calendar year Sec. 14.50.230. Exemptions. For thirty (30) days after completion of an installation, new installations shall be exempt from this division. Sec. 14.50.235. Collection. If any person fails to pay the charges assessed pursuant to the provisions of this article, the Town may institute an action in any court of competent jurisdiction to collect any charges which may be due and payable in the same manner as any other debts owing to the Town and placed on a "no response status" until all past due debts are received. DIVISION 5. ALARM PERMIT REQUIREMENT Sec. 14.050.240 - Alarm Permit Process (a) Permits. No commercial building owner or operator shall operate or cause to be operated any alarm system within the Town of Los Gatos without a permit. Alarm system permits are not transferable. (b) Exemptions. The provisions of this chapter are not applicable to residential alarms, motor vehicles or facilities of the Town of Los Gatos. (c) Obtaining alarm system permits and renewal. Application for an alarm system permit and renewal required under this chapter shall be made by the Chief of Police on forms provided by the Police Department, along with the payment of an alarm system permit fee. Permit fees are collected at the time of application and will not be pro-rated. The alarm system permit must be renewed annually by the last business day in December for the next calendar year. Such permit and renewal fees shall be established by Council Resolution. (d) Contents of the form. The completed form for an alarm system permit or renewal form shall state the name, address and telephone number of the applicant, the address and telephone number of the applicant's property serviced by any alarm system, as well as the name and address of at least three responsible parties who can render service to the alarm system at any hour of the day or night and such other information as the Chief of Police may deem appropriate. (e) Permit display at alarm site. Alarm system permits issued pursuant to this chapter shall be kept at the alarm site. No person shall use an alarm system in the Town of Los Gatos without posting the alarm system permit in a visible location or be able to be produced to any Town official upon request. (f) Penalty. If the Police Department responds to an alarm at any business operating in the Town of Los Gatos without a permit pursuant to Section 14.050.240 (a) such business shall be charged double the annual permit fee. This fee is payable within 30 days to the Town of Los Gatos. If the alarm additionally was determined to be false, the business shall also incur one false alarm violation pursuant to Section 14.050.225. (g) Any alarm business registered with the Police Department shall immediately report in writing to the Police Chief any change in the address or ownership of the business, name of the business, address of the manager of operations or responsible party list. SECTION II In the event that any part of this ordinance is held to be invalid, the invalid part or parts shall be severed from the remaining portions which shall remain in full force and effect. SECTION III This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on s 20` and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on , 20f This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED; MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Rev. 612104 Professional Services Agreement for Alarm Management TOWN OF LOS GATOS PROFESSIONAL SERVICES AGREEMENT FOR ALARM MANAGEMENT This Agreement is entered into this day of , 20_, by and between the Town of Los Gatos, a California municipal town ("Town"), and PMAM Corporation, 105 Decker Court #675, Irving, Texas 75062 ("Consultant") RECITALS A. Consultant desires to perform and assume responsibility for the provision of professional alarm management consultant services required by the Town on the terms and conditions set forth in this Agreement. B. Consultant has presented a proposal for such services to the Town, dated August 13, 2009, (attached hereto and incorporatedherein as Exhibit "D") and is duly licensed, qualified and experienced to perform those services. C. Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Agreement is based on such independent investigation and research. D. Town desires to engage Consultant to render such services as set forth in this Agreement. AGREEMENT 1. SCOPE OF SERVICES. 1.1 General Scope of Services. Consultant promises and agrees to furnish to the Town all labor, materials, tools, equipment, services and incidental and customary work necessary to fully and adequately supply the necessary professional alarm management consultant services ("Services"), The Services are more particularly described in Exhibit "A." 2. SCHEDULE OF SERVICES. 2.1 Schedule of Services. The Services of Consultant are to commence upon execution of this Agreement by the Town and shall be undertaken and completed in a prompt and timely manner, pursuant to the schedule outlined in the Scope of Work, more particularly Town of Los Gatos Alarm Management Date Printed: September 21, 2009 WPD-PMAM Contract.doc ATTACHMENT2 Professional Services Agreement for Alarm Management described in Exhibit "A." With regards to the responsibilities of the Town in order for Consultant to begin this Project, such responsibilities are specified in Exhibit "C". 2.2 Extension of Time. Consultant may, for good cause, request extensions of time to perform the Services required hereunder. Such extensions shall be authorized in advance by the Town in writing and shall be incorporated in written amendments to this Agreement. 3. FEES AND PAYMENTS. 3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B." The total compensation shall not exceed 35% of all fees collected as specified in Exhibit "B" without Town's prior written approval. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.2 Payment of Compensation. Consultant shall submit to Town a monthly itemized statement which indicates work completed and an itemized list of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. Payment will be processed as described in Exhibit B. 3.3 Extra Work. At any time during the term of this Agreement, Town may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Town to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from Town's Representative. 4. CHANGES. 4.1 The Parties may, from time to time, request changes in the scope of the Services of Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of Consultant's compensation and/or changes in the schedule must be authorized in advance by the Town in writing. Mutually agreed changes shall be incorporated in written amendments to the Agreement. 5. RESPONSIBILITIES OF CONSULTANT. 5.1 Independent Contractor; Control and Payment of Subordinates. Consultant enters into this Agreement as an independent contractor and not as an employee of the Town. Consultant shall have no power or authority by this Agreement to bind the Town in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are Town of Los Gatos 2 Date Printed: September 21, 2009 Alarm Management Town of Los Gatos-PMAM Contract.doe Professional Services Agreement for Alarm Management employees, agents, contractors or subcontractors of the Consultant and not of the Town. The Town shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from perfonnance of this Agreement. 5.2 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of the Town. 53 Project Manager. The Consultant shall designate a project manager who at all times shall represent the Consultant before the Town on all matters relating to this Agreement. The project manager shall continue in such capacity for the Town unless and until be or she is removed at the request of the Town, is no longer employed by Consultant or replaced with the written approval of the Town which shall not be unreasonably withheld. 5.4 Coordination of Services. Consultant agrees to work closely with Town staff in the perfonnance of Services and shall be available to Town staff, consultants and other staff at all reasonable times. The Town agrees to work closely with Consultant's staff in the performance of Services and shall be available to Consultant's staff at all reasonable times. 5.5 Warranty. Consultant agrees and represents that it is qualified to properly provide the Services set forth in Exhibit "A" in a manner which is consistent with the generally accepted standards of Consultant's profession. Consultant further represents and agrees that it will perform said Services in a legally adequate manner in conformance with applicable federal, state and local laws and guidelines. 5.6 Interest in Contract. Consultant covenants that neither it, nor any of its employees, agents, contractors, sub-contractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its sei vices hereunder. Consultant shall make all disclosures required by the Town's conflict of interest code in accordance with the category designated by the Town, unless the Town Manager determines in writing that Consultant's duties are more limited in scope than is warranted by the category designated by the Town code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the Town conflict of interest code if, at any time after the execution of this agreement, the Town determines and notifies Consultant in writing that Consultant's duties under this agreement warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the Town. 6. INSURANCE. 6.1 Time for Com liance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the Town that it has secured all Town of Los Gatos 3 Date Printed: September 21, 2009 Alarm Management Town of Los Gatos-PMAM Contract.doc Professional Services Agreement for Alarm Management insurance required under this section. In addition, Consultant shall not allow any sub-consultant to commence work on any subcontract until it has provided evidence satisfactory to the Town that the sub-consultant has secured all insurance required under this section. 6.2 Types of Required Coverages. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. 6.2.1 Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, with minimum limits of at least $1,000,000 per occurrence. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) products and completed operations; (2) contractual liability; (3) third party action over claims; or (4) cross liability exclusion for claims or suits by one insured against another. 6.2.2 Automobile Liability: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1) with minimum limits of $1,000,000 each accident. 6.2.3 Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. 6.2.4 Professional Liability: Professional Liability insurance for errors and omissions with minimum limits of $1,000,000. Covered Professional Services shall specifically include all work to be performed under the Agreement. If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. 6.3 Endorsements. 6.3.1 The policy or policies of insurance required by Sections 6.2.1 Commercial General Liability and 6.2.2 Automobile Liability shall be endorsed to provide the following: 6.3.1.1 Additional Insured: The indemnified parties shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be Town of Los Gatos 4 Date Printed: September 21, 2009 Alarm Management Town of Los Gatos-PMAM Contract.doc Professional Services Agreement for Alarm Managmement restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. 6.3.1.2 Primary Insurance and Non-Contributing Insurance: This insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. 6.3.1.3 Severability: In the event of one insured, whether named or additional, incurs liability to any other of the insureds, whether named or additional, the policy shall cover the insured against whom claim is or maybe made in the same manner as if separate policies had been issued to each insured, except that the limits of insurance shall not be increased thereby. 6.3.1.4 Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been seined upon the Town except ten (10) days pri or written notice shall be allowed for non-payment of premium. 6.3.1.5 Duties: Any failure by the named insured to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the indemnified parties. 6.3.1.6 Applicability: That the coverage provided therein shall apply to the obligations assumed by the Consultant under the indemnity provisions of the Agreement, unless the policy or policies contain a blanket fortn of contractual liability coverage. 6.3.1.7 The policy or policies of insurance required by Section 6.2.3 Workers' Compensation shall be endorsed, as follows: 6.3.1.1 Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. 6.3.1.2 Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the Town except ten (10) days prior written notice shall be allowed for non-payment of premium. 6.3.1.3 The policy or policies of insurance required by Section 6.2.4 Professional Liability shall be endorsed, as follows: 6.3.1.1 Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written Town of Los Gatos 5 Date Printed: September 21, 2044 Alarm Management Town of Los Gatos-PMAM Contract.doe Professional Services Agreement for Alarm Management notice of cancellation has been served upon the Town except ten (10) days prior written notice shall be allowed for non-payment of premium. 6.4 Deductible. Any deductible or self-insured retention must be approved in writing by the Town and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self- insured retention. 6.5 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the Town. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the Town. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the Town evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 6.6 Failure to Maintain Covera e. Consultant agrees to suspend and cease all operations hereunder during such period of time if the required insurance coverage is not in effect and evidence of insurance has not been furnished to the Town. The Town shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement. In the event that the Consultant's operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. 6.7 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than ANII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 6.8 Insurance for Sub consultants. All sub-consultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing sub- consultants to purchase the appropriate insurance in compliance with the terns of this Agreement, including adding the Town as an Additional Insured to the sub-consultant's policies. 7. OWNERSHIP OF MATERIALS AND CONFIDENTIALITY. 7.1 Documents & Data, Licensing of Intellectual Property, This Agreement creates a non-exclusive and perpetual license for Town to copy, use, modify, reuse or sublicense any and Town of Los Gatos 6 Date Printed: September 21, 2009 Alarm Management Town of Los Gatos-PMAM Contract.doc Professional Services Agreement for Alarm Management all copyrights, designs and other intellectual property embodied in plans, specifications, studies, drawings, estimates and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all sub-consultants to agree in writing that Town is granted a non-exclusive and perpetual license for any Documents & Data the sub-consultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the Town. Consultant shall provide electronic copies of the finished products in the original software format at the conclusion of the respective phases of work. Complex documents such as reports that utilize more than one type of software shall also be provided in a common format such as Adobe Acrobat (*.pdf). Files of construction drawings shall be provided in a current version of AutoCAD. Town shall not be limited in any way in its use or modification of the Documents and Data at any time, provided that any such use or modification not within the purposes intended by this Agreement shall be at the Town's sole risk. 7.2 Confidentiality. All Documents & Data are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the Town, except by court order. 8. ACCOUNTING RECORDS. 8.1 Maintenance and Inspection. Consultant shall maintain and make available for inspection by the Town and its auditor's accurate records of all its costs, disbursements and receipts with respect to any work under this Agreement. Such inspections may be made during regular office hours at any time until one (1) year after the final payments under this Agreement are made to the Consultant. 9. SUBCONTRACTING. 9.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of the Town. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Town of Los Gatos 7 Date Printed: September 21, 2009 Alarm Management Town of Los Gatos-PMAM Contract.doc Professional Services Agreement for Alarm Management 10. TERNHNATION OF AGREEMENT. 10.1 Grounds for Termination. The Town may, by written notice to Consultant, terminate all or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to Town, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 10.2 Effect of Termination. If this Agreement is terminated as provided herein, the Town may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. Specifically, in the event the Town shall terminate this Agreement: 10.2.1 Consultant shall deliver copies of all writings prepared by it pursuant to this Agreement. The term "writings" shall be construed to mean and include: handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof. 10.2.2 All data relating to alarm permits shall be owned by the Town. Upon termination of this agreement, PMAM shall deliver to the Town all data in MS-SQL format. 10.2.3 PMAM retains all right and title to the Application software, including but not limited to, all publication rights, all development rights, all reproductions rights, and all rights that may follow from the commercial development of the software. The Town does not acquire any ownership rights to the Application software. The Software is protected in favor of PMAM, as well as any future registered trademarks, are trademarks of PMAM. 10.2.4 The proprietary software will be loaned to the Town during the duration of this agreement as laid out in this contract and the Town will not have any access to our proprietary software after the conclusion of the contract. 10.2.5 The Town shall pay Consultant the reasonable value of services rendered by Consultant to the date of termination pursuant to this Agreement not to exceed the amount documented by Consultant and approved by the Town as work accomplished to date; provided, however, that in no event shall any payment hereunder exceed 35% of all revenues collected as per EXHIBIT B. The foregoing is cumulative and does not affect any right or remedy which Town may have in law or equity. Town of Los Gatos S Date Printed: September 21, 2009 Alarm Management Town of Los Gatos-PMAM Contract.doc Professional Services Agreement for Alarm Management 10.2.6 Consultant may terminate its services under this Agreement upon thirty (30) working days written notice to the Town, without liability for damages, if it is not compensated according to the provisions of the Agreement or upon any other material breach of the Agreement by Town. 10.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Town may procure, upon such terms and in such manner as it may detennine appropriate, services similar to those terminated. 11. GENERAL, PROVISIONS. 11.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective patties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Town: Consultant: Town of Los Gatos 110 E. Maim Street Los Gatos, CA 95031 Attn: Captain Alana Forrest, Police Department [INSERT NAME, ADDRESS & CONTACT PERSON] Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 11.2 Indemnification. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the Town, its elected officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, to the extent arising out of or caused by the negligence, recklessness or willful misconduct of Consultant, its officials, officers, employees, agents, subcontractors and sub-consultants, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses except such loss or damage which was caused by the active negligence, sole negligence, or willful misconduct of the Town. Town of Los Gatos 9 Date Printed: September 21, 2009 Alarm Management Town of Los Gatos-PMAM Contract.doc Professional Services Agreement for Alarm Management Consultant shall pay and satisfy any judgment, award or decree that may be rendered in any and all such aforesaid suits, actions or other legal proceedings of every kind that are brought or instituted against Town, its elected officials, officers, employees, agents or volunteers. Consultant shall reimburse the Town and its elected officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Town, its elected officials, officers, employees, agents or volunteers. 11.3 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules, regulations and ordinances in any manner affecting the performance of the Project or the Services, including without limitation the Town business license requirements and all Cal/OSHA requirements, and shall give all notices required by law. 11.4 Prohibited Interests. Consultant covenants that neither it, nor any of its employees, agents, contractors or subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Agreement, nor any other interest which would conflict in any manner or degree with the performance of the Services hereunder. 11.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code section 1720, et seq., and 1770, et sq., as well as California Code of Regulations, Title 8, section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are subject to the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. 11.6 Equal Opportunity Employment. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person's race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation. 11.7 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 11.8 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees and all other costs of such action. Town of Los Gatos to Date Printed: September 21, 2009 Alarm Management Town of Los Gatos-PMAM Contract.doe Professional Services Agreement for Alarm Management 11.9 Assignment or Transfer. Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the Town, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Consultant from the Town under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the Town. 11.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 11.11 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 11.12 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 11.13 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Services specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or refereed to in the writing. 11.14 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Santa Clara County. 11.15 Time of Essence. Time is of the essence for each and every provision of this Agreement. 11.16 Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. 11.17 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 11.18 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party. 11.19 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Town of Los Gatos 11 Date Printed: September 21, 2009 Alarm Management Town of Los Gatos-PMAM Contract.doc Professional Services Agreement for Alarm Management 11.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. TOWN OF LOS GATOS PMAM Corporation By: By: Greg Larson Mr. Pankaj Kumar Town Manager CEO rUORAN.:A, MARLOWE 140tY Aublic, 5tatu of Attest' Attest: M ,R MMI, to Tnx~s ,,~"++F1115+~ 213 By: By: Jackie Rose N nc] Clerk Administrator [Title] A Town of Los Gatos 12 Date Printed: September 21, 2009 Alarm Management Town of Los Gatos-PMAM Contract.doc Professional Services Agreement for Alarm Management EXHIBIT "A" SCOPE AND SCHEDULE OF SERVICES PMAM shall provide a false alarm tracking software and web based management utility which shall include at a minimum, the following components: 1. Creation of database and website interface A. PMAM shall provide a web-based solution that will provide the Town an opportunity to direct Internet users to the established PMAM website via the Town's website or other means directly to do at least the following actions: 1. Allow citizens and business owners to enter information initially for their permit, pay renewals, pay fines, and access their accounts on the Internet. 2. The website will also provide information, including text, video training, and education for citizens and business owners. S. On a weekly basis, PMAM shall access directly into the Los Gatos/Monte Sereno Police Department's Records Management Database and electronically upload the calls for service related to false alarms. On a weekly basis, PMAM shall download new and updated information for residences, businesses, alarm companies, and responsible information into the premise files of the Los Gatos/Monte Sereno Police Department's Records Management System. C. PMAM shall provide CD-ROM discs to citizens and business owners in the Town with training and educational information concerning operating an alarm in the Town. PMAM will personalize the CD-ROM with graphics and symbols representing the Town and the Los Gatos/Monte Sereno Police Department. II. Enforcement of the False Alarm Ordinance A. During the term of this agreement, PMAM Corporation will deploy a proprietary software package that maintains and tracks false alarm data and generate related reports. 1. This software package and associated website shall do at a minimum, the following functions : Town of Los Gatos 13 Date Printed: September 21, 2009 Alarm Management Town of Los Gatos-PMAM Contract.doc Professional Services Agreement for Alarm Management a) Send alarm permit applications to residents and businesses who may have alarms but are not registered in their system. b) Maintain a method to track permits that have been revoked. c) Send alarm permit applications for renewals d) Send letters and invoices to the residences/businesses for false burglar and robbery alarms as per the False Alarm Ordinance and conduct any follow-up necessary. e) Collect all associated fees and conduct all interactions either via letters or telephone calls with permit holders concerning collection of fees and reconcile accounts on a monthly basis. f) Respond to all queries from citizens and businesses and send out renewal notices when appropriate. 2. All data relating to alarm permits shall be owned by the Town and upon termination of this agreement, PMAM shall deliver to the Town of Los Gatos all data in Town's selected format. a) PMAM retains all rights and title to the Application software, including but not limited to, all publication rights, all development rights, all reproductions rights, and all rights that may follow from the commercial development of the software. The Town does not acquire any ownership rights to the Application software. The Software is protected by copyright in favor of PMAM, as well as any future registered trademarks, are trademarks of PMAM. b) All information from the Town will be considered confidential and will not be shared with anybody outside of a designated list without the express permission of the Chief of Police. c) All members of PMAM, who will have access to the information from the Town of Los Gatos, will be designated by PMAM to the Town and will undergo a background check conducted by the Los Gatos/Monte Serena Police Department. d) Dedicated personnel who will be responsible for answering calls, educating residents on the existing ordinance, explaining invoices and all other related issues will be located at PMAM's site. e) Printing of all stationery, postage and other related overhead costs that involves correspondence with permit holders will be undertaken by PMAM. f) PMAM Corporation will produce an educational multi media CD at their cost. g) Under this agreement, the software that is deployed and all related IP (Intellectual Property) will remain with PMAM h) A dedicated telephone # will paid for and provided by PMAM Corporation Town of Los Gatos 14 Date Printed: September 21, 2009 Alarm Management Town of Los Gatos-PMAM Contract.doe Professional Services Agreement for Alarm Management 111. Report Generation I, PMAM shall provide the following information to the Town upon request at any time. a) Provide a monthly report detailing all funds received and an associated detail of monies distributed to both PMAM and the Town. b) Specialized reports with any variables as required by the Town. Some of the reports shall include: 1) Annual permit renewals billed and fees collected. 2) Pen-nits inactivated and reason for inactivation. 3) Permits reactivated and reason for reactivation. 4) Number of false burglar alarms. S) Number of false burglar alarms billed and fees collected. 6) Number of false robbery alarms. 7) Number of false robbery alarms billed and fees collected. 8) Number of reinstatement fees billed and fees collected. 9) False burglary and/or robbery alarms for permit owners. 10) False burglary and/or robbery alarms for non-pennit owners. 2. PMAM shall also do the following: a) Generate suspension notices based upon Town ordinance. b) Generate notice to alarm users without pen-nits. c) Maintain historical information on permit issuance, renewal, suspension and reinstatement on each property. d) Maintain current pen-nit status information. e) Maintain incident count (true/false alarms) information on each permit. f) Perform searches on permit holders and business names. g) Print permits in batch or online. h) Archive inactive permits. i) Make adjustments/corrections on fees relating to accounting errors. j) Generate incidents manually for account. k) Issue notice to permit holders with excessive false alarms. 1) Issue notice to non-permit holders with false alarms. in) Archive historical data. n) Accept and establish temporary account numbers for non-permit holders who have incurred false alarm charges. o) Transfer temporary account number charges to a permanent account (permit) number. p) Determine false alarm charges based on the Town of Los Gatos's Alarm Ordinance fee schedule. q) Show all incidents and their associated charges during the current billing period. r) Provide itemized balance forward capabilities on billings. Town of Los Gatos 15 Date Printed: September 21, 2009 Alarm Manageme nt Town of Los Gatos-PMAM Contract.doc Professional Services Agreement for Alarm Manaeement EXHIBIT "B" PAYMENT FOR SERVICES RENDERED 1. PMAM Corporation agrees to manage the False Alarm Program under this agreement. PMAM shall receive 35% of all revenue that it collects under this agreement and the remaining 65% will be sent to the Los Gatos/Monte Sereno Police Department, 110 E. Main Street, Los Gatos, CA 95031, once a month using a paper check format. The check shall be received by the Los Gatos/Monte Sereno Police Department before the 15th of each month. 2. The areas in which fees are collected include the following. 1. New Permit Fees 2. Permit Renewal Fees 3. Related fees as per the Town of Los Gatos's ordinance. This includes fines that are assessed when permit holders violate the Town's False Alarm Ordinance. Town of Los Gatos 16 Date Printed: September 21, 2009 Alarm Management Town of Los Gatos-PMAM Contract.doc Professional Services Agreement for Alarm Manauement EXHIBIT "C" FACILITIES, EQUIPMENT, AND OTHER MATERIALS, AND OBLIGATIONS OF THE TOwN To facilitate the execution of this agreement, the Town of Los Gatos will provide the following information and authorization to PMAM Corporation. 1. Town shall provide PMAM with a database of current permit holders and false alarm data ("Data") for the previous 18 months and PMAM will accurately convert all Data provided by the Town to populate the false alarm system. This will be a one-time activity that will be derived fiom the existing Land Database. 2. A letter from the Town of Los Gatos authorizing PM-AM to open a Bank Account with Bank of America where all checks received fiom the residents are deposited. This account is dedicated only to the Town of Los Gatos and there will be no other activity on this account. 3. A letter from the Town of Los Gatos authorizing PMAM to open a dedicated P.O. Box where all correspondence regarding the Alarm Tracking and Billing will be received. 4. At the end of each month, two checks will be issued in the ratio of 65% to the Town of Los Gatos and 35% to the PMAM Corporation 5. This account is open to audit from the Town staff at any time. Town of Los Gatos 17 Date Printed: September 21, 2009 Alarm Management Town of Los Gatos-PMAM Contract.doe Professional Services Agreement for Alarm Management ExHisiT "D" CONSULTANT PROPOSAL [ATTACH CONSULTANT PROPOSAL] Town of Los Gatos 18 Date Printed: September 21, 2009 Alarm Management Town of Los Gatos-PMAM Contract.doc RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH PMAM CORPORATION FOR PROFESSIONAL ALARM MANAGEMENT CONSULTANT SERVICES WHEREAS, it is necessary for the Council to secure professional consultant services to provide professional alarm management consultant services for the Police Department; and WHEREAS, the Town Council has selected the firm of PMAM Corporation for professional alarm management consultant services; and NOW, THEREFORE, IT IS RESOLVED that the Town Council of the Town of Los Gatos hereby authorizes the Town Manager to negotiate and execute a Professional Services Agreement with PMAM Corporation to provide professional alarm management services in connection with police alarm services, outreach, tracking of false alarms and collection of fees. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 19th day of October, 2009 by the following vote: COUNCIL MEMBERS: AYES : NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTACHMENT3