HomeMy WebLinkAboutOrd.5306.06-15-2020BILL NO. 20-91 ORDINANCE 140.5�36k
AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, REGARDING EMERGENCY SERVICES ALARMS
WHEREAS, excessive false alarms unduly burden the City of
Cape Girardeau emergency services limited resources. The purpose
of this ordinance is to establish minimum standards applicable
to alarm systems, alarm users, and alarm businesses as defined
in this article;
WHEREAS, alarm registration is not intended to, nor will
it, create a contract, duty or obligation, either expressed or
implied, of response. Any and all liability, and any
consequential damages resulting from the failure to respond to a
notification, is hereby disclaimed and governmental immunity as
provided by law is retained. By applying for an alarm
registration, the alarm user acknowledges that the city
emergency services response may be influenced by factors such
as: the availability of police and/or fire units, priority of
calls, weather conditions, traffic conditions, emergency
conditions, staffing levels, and prior response history.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. A new Article XVIII, Section 15-600 et seq.,
entitled, "Emergency Services Alarms", is hereby enacted, in
words and figures, to read as follows:
ARTICLE XVIII. - Emergency Services Alarms.
Section 15-601. Definitions.
The following words, terms and phrases, when used in this
ordinance, shall have the meanings ascribed to them, except
where the context clearly indicates a different meaning:
Alarm Administrator. A person or persons designated by the
City to administer the provisions of this ordinance.
Alarm Company. A person, company, firm, or corporation
which has the contractual agreement with the alarm user and
is subject to the licensing requirements, and is engaged in
selling, leasing, installing, servicing or monitoring alarm
systems. This entity shall be licensed in compliance with
City and state laws.
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Alarm Permit. A permit issued to an alarm user by the City
allowing the operation of an alarm system within the City.
Alarm Signal. A notification to the City that an alarm has
been activated at a particular alarm site and that City
emergency service is requested.
Alarm System. A device or series of devices,
including, but not limited to, hardwired systems and
systems interconnected with a radio frequency method
such as cellular or private radio signals, which
emit or transmit a remote or local audible, visual
or electronic signal indicating an alarm condition
and intended to summon a City emergency service
response, including local alarm systems. Alarm system
does not include an alarm installed in a vehicle or on
someone's person unless the vehicle or the personal alarm
is permanently located at a site.
Alarm User. Any person, corporation, partnership,
proprietorship, governmental or educational entity or any
other entity owning, leasing, or operating an alarm system,
or on whose premises an alarm system is maintained for the
protection of such premises.
Alarm User Awareness Class. A class conducted for the
purpose of educating alarm users about the responsible use,
operation, and maintenance of alarm systems and the
problems created by false alarms.
Cancellation. Termination of response by the Police
Department when the alarm company notifies the Police
Department that there is not an existing situation at the
alarm site requiring emergency services response after an
alarm dispatch request. If cancellation occurs within three
(3) minutes of dispatch and prior to police arriving at the
scene, no penalty will be assessed.
City. The City of Cape Girardeau, Missouri, and/or its
designee.
False Alarm. An alarm dispatch request that has generated a
City emergency service response, which is cancelled, or
when no emergency condition is found at the alarm site.
Local Alarm. An alarm system that emits a signal at an
alarm site that is audible or visible from the exterior of
a structure and is not monitored by a remote monitoring
facility, whether installed by an alarm company or user.
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Permit Year. A 12 -month period beginning on the day and
month on which an alarm permit is issued.
Runaway Alarm. An alarm system that produces three (3) or
more unfounded alarm signals in a twenty-four (24) hour
period. The City emergency services may in its discretion
discontinue responses to these alarm signals until the
alarm system is corrected.
Compliance Standards. Equipment and installation methods
shall comply with all appropriate nationally recognized
testing laboratories and American National Standards
Institute (ANSI) requirements.
Enhanced Call Confirmation (ECC). An attempt by the alarm
system monitoring company to contact the alarm site and/or
alarm user by telephone and/or other means, whether or not
actual contact with a person is made, to determine whether
an alarm signal is valid before requesting law enforcement
response. A second call shall be made to an alternate
number provided by the alarm user if the first attempt
fails, EXCEPT in case of a fire, panic or robbery -in -
progress alarm or in cases where a crime -in -progress has
been verified as defined in ANSI/CSAR CS-V-01-2016(or
current version).
Section 15-602. - Alarm permit.
(a) Permit required. No alarm user shall operate, or cause
to be operated, an alarm system at an alarm site without a
valid alarm permit. A separate alarm permit is required
for each alarm site. An annual permit and renewal fee is
required for the initial registration and annual renewals.
Each alarm permit shall be assigned a unique permit number,
and the user shall provide the permit number to the alarm
company to facilitate law enforcement dispatch. An alarm
permit shall expire twelve (12) months from the date of
issuance and must be renewed annually by submitting an
updated application and permit renewal fee to the City or
its designee. Failure to renew will be classified as a
non -permitted alarm system, and additional fees will be
assessed. A late fee will be assessed if the renewal is
more than thirty (30) days late. An alarm permit cannot be
transferred to another person or alarm site. An alarm user
shall inform the City of any change that alters any of the
information listed on the alarm permit application within
five (5) business days of such change.
(b) Application. The permit shall be requested on an
application form provided by the City. An alarm user has
the duty to obtain an application from the City within five
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(5) days of the alarm system installation or an alarm
system transfer.
(c) Transfer of possession. An alarm permit cannot be
transferred to another person or alarm site. When the
possession of the premises at which an alarm system is
maintained is transferred, the person (alarm user)
obtaining possession of the property shall file an
application for an alarm permit within five (5) days of
obtaining possession of the property.
(d) Multiple alarm systems. If an alarm user has one or
more alarm systems protecting two or more separate
structures having different addresses and/or tenants, a
separate permit shall be required for each structure and/or
tenant.
(e) Confidentiality. In the interest of public safety, all
information contained in and gathered through the alarm
permit applications and applications for appeals shall be
held in confidence by all employees or representatives of
the City and by any third -party administrator or employees
of a third -party administrator with access to such
information, to the extent allowed by law.
Sec. 15-603. - Duties of the alarm user.
(a) The alarm user shall:
(1) maintain the premises and the alarm system in a
method that will reduce or eliminate false alarms.
(2) provide the alarm company the permit number,
because the permit number must be provided to the
communications center by the alarm company to
facilitate dispatch.
(3) respond or cause a representative to respond to
the alarm system's location within thirty (30) minutes
when notified by City emergency services.
(4) not manually activate an alarm for any reason
other than an occurrence of an event that the alarm
system was intended to report.
(5) obtain a new permit and pay any associated fees
if there is a change in address or ownership of the
location of the alarm system.
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(6) not install, maintain, or use an audible alarm
system which can sound continually for more than 15
minutes.
(7) not use automatic voice dialers.
(8) not activate an alarm system for the purpose of
summoning law enforcement when no burglary, robbery,
or other crime dangerous to life or property is being
committed or attempted on the premises, or otherwise
to cause a false alarm.
(b) Alarmed locations are subject to fees for services
depending on the number of false alarms within the
preceding 12 -month period as established by the City
Council.
Sec 15-604. - Duties of the alarm company.
(a) Any person engaged in the alarm business in the City
shall comply with the following:
(1) Obtain and maintain the required state and/or
City license(s).
(2) Provide name, address, and telephone numbers of
the alarm company license holder or a designee who can
be called in an emergency, 24 hours a day; and be able
to respond to an alarm call, when notified, within a
reasonable amount of time.
(3) Be able to provide the most current contact
information for the alarm user; and be able to contact
a key holder for a response, if requested.
(4) Provide new and cancelled alarm sites in the
format required by the City every thirty (30) days or
upon request by the City.
(5) An alarm installation company and/or monitoring
company that purchases alarm system accounts from
another person shall notify the City of such purchase
and provide details as may be requested by the City.
(b) Prior to activation of the alarm system, the alarm
company must provide instructions explaining the proper
operation of the alarm system to the alarm user. The alarm
company shall also ensure that all alarm users of alarm
systems equipped with a duress, holdup or panic alarm are
given adequate training as to the proper use of the duress,
holdup or panic alarm.
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(c) After completion of the installation of an alarm
system, the alarm company employee shall review with the
alarm user the customer false alarm prevention checklist
(Appendix A) or an equivalent checklist approved by the
City. The alarm company employee shall complete, sign and
date the alarm prevention checklist and maintain a copy for
a period of two (2) years.
(d) An alarm company performing monitoring services shall:
(1) Attempt to confirm, by calling the alarm site
and/or alarm user by telephone, to determine whether
an alarm signal is valid before requesting dispatch.
Telephone confirmation shall require, as a minimum
that a second call also known as Enhanced Call
Confirmation (ECC), be made to a different number, if
the first attempt fails to reach an alarm user who can
properly identify themselves, to attempt to determine
whether an alarm signal is valid, EXCEPT in case of a
fire, panic or robbery -in -progress alarm or in cases
where a crime -in -progress has been verified as defined
in ANSI/CSAR CS-V-01-2016(or current version).
(2) Provide alarm user registration number to the
communications center to facilitate dispatch and/or
cancellations.
(3) Communicate any available information about the
location of the alarm.
(4) Communicate a cancellation to the law enforcement
communications center as soon as possible following a
determination that response is unnecessary.
(5) Maintain for a period of at least one (1) year
from the date of the alarm dispatch request, records
relating to the alarm dispatch. Records must include
name, address and telephone number of the alarm user,
the alarm system zones activated, the time of alarm
dispatch request, and evidence of an attempt to verify
the alarm. The alarm administrator may request copies
of such records for individually name alarm users. If
the request is made, the alarm monitoring company
shall provide requested information within (10)
business days of receiving the request.
Sec 15-605. - Enforcement of provisions.
(a) Excessive false alarms/Failure to register: All fees
will be included in the City fee schedule and must be paid
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before a permit may be issued or renewed. An alarm user
shall be subject to false alarm fees, depending on the
number of false alarms within any twelve-month period. Any
person operating a non -permitted alarm system will be
subject to a false alarm fee for each false alarm in
addition to any other legal remedies.
(b) Suspension of response: The City may discontinue
response of City emergency services if the City determines
that:
(1) There is any violation of this article;
(2) There is a false statement of material matter in
the application for permit;
(3) An alarm system has generated in excess of
eight (8) false alarms during any twelve (12) month
period; or
(4) The permit holder has failed to make payment of
any service fee, permit fee, late fee, false alarm
fee, or suspension fee assessed under this Article
within ninety (90) days of the assessment.
(c) Reinstatement of response: The City may resume City
emergency services response upon the alarm holder
submitting satisfactory proof of compliance of one or more
of the following:
(1) Proof the alarm system has been inspected, and
the measures taken to ensure the alarm system is in
good working order. Measures taken may require the
alarm user to repair, upgrade or modify the alarm
system to be compliant with this Chapter.
(2) Proof the alarm user has been retrained on the
use of the alarm system and procedures for contacting
the alarm company in the case of false activation.
(3) All fees are paid in full including the
reinstatement fee of fifty ($50.00) dollars.
(d) Appeals process. If the City assesses a false alarm
fee or denies the issuance, renewal or reinstatement of the
alarm permit, the City shall send written notice of the
action and a statement of the right to an appeal to either
the affected applicant or alarm user. The alarm user may
appeal an assessment of a false alarm fee or suspension of
an alarm permit to the City by setting forth in writing the
reasons for the appeal within ten (10) business days after
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receipt of the fee or notice of suspension and by
submitting payment in the amount of twenty-five dollars
($25.00) plus the assessed false alarm fee payable to the
City. If the appeal decision is awarded to the alarm user,
the appeal fee and associated fees will be refunded. The
appeal shall be heard by the Board of Appeals established
in Chapter 7 of the City Code, using its procedures, and
all decisions are final. The failure to give notice of
appeal within this time period shall constitute a waiver of
the right to contest the assessment of fees or other
enforcement decision.
(e) All fees are
notification.
(f) Fee Schedule:
due within thirty (30) days of
Alarm System Permit Fee:
Alarm System Annual Renewal Fee:
Late Fee after 30 days
False Alarm Fees:
1st
Alarm
No Charge
2nd
Alarm
$50.00
3rd
Alarm
$75.00
4th
Alarm
$100.00
5th
Alarm
$150.00
6th
Alarm
$200.00
7th
Alarm
$250.00
8th
Alarm
$300.00
Each
Additional Alarm
$300.00
$25.00
$25.00
$25.00
False Alarm Fee Without Permit:
Any false alarm occurring without a valid alarm permit
will be assessed in addition to the false alarm fee an
additional $100.00 for each and every alarm.
Late Fee for Payment after 30 Days: $25.00
Appeal Hearing Fee: $25.00 plus assessed fee
*(Fees shall be refunded in their entirety if appeal
is upheld)
Reinstatement of Response Fee: $50.00
Sec. 15-606. - Alarm user awareness class.
(a) Alarm User Awareness Class. The City may establish
an Alarm User Awareness Class, and may request the
assistance of the area alarm companies in developing and
conducting the class. The class shall inform alarm users
of the problems created by false alarms and instruct alarm
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users how to help reduce false alarms. The City may grant
the option of attending a class in lieu of paying one
assessed false alarm fee, not to exceed $100.
ARTICLE 2. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
ARTICLE 3. It is the intention of the governing body and
it is hereby ordained that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the
City of Cape Girardeau, Missouri, and the Sections of this Code
may be renumbered to accomplish such intention.
ARTICLE 4. This Ordinance shall be in full force and
effect ten days after its passage and approval.
PASSED AND APPROVED THIS 15th DAY OF June , 2020.
Bob Fox, ayor
ATTEST:
� cL�6
uce Tay] ,'Deputy City Clerk
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DocuSign Envelope ID: 13496AE0-069F-4787-B1 EA-01175C287E2A
AGREEMENT FOR FALSE ALARM MANANGEMENT SERVICES
THIS CONTRAC.. OF ALSE AR14 ; ENT SERVICES ("Contract") made and
entered into this \J) day of , �'• (the "Effective Date") by and between City
of Cape Girardeau, Missouri ("CUSTO ER" or "CITY"), a Missouri State municipality, having
offices at 2530 Maria Louise Lane Cape Girardeau, MO 63701, and CentralSquare
Technologies, ("CST" or "CONTRACTOR"), a Delaware Limited Liability Company having
offices at 1000 Business Center Drive, Lake Mary, Florida 32746, each, a "Party", and together,
the "Parties".
WITNESSETH:
Whereas, the CUSTOMER Council enacted ordinances related to alarm systems and false
alarms titled as Alarm Ordinance No. 5306, Chapter 15, Emergency Services Alarms of the
Effective Date ("Alarm Ordinance"), as amended; and
Whereas, in its implementation of the Alarm Ordinance, CUSTOMER is authorized to engage a
third-party CONTRACTOR to assist the CITY in the enforcement of the Alarm Ordinance; and
Whereas, the CONTRACTOR created and markets the proprietary and patented (U.S. Patent
No. 6,856,246) software system called CryWoif ("Software"), an integrated suite of software
applications operating in a Windows-based environment, designed to assist false alarm
reduction managers and planners in government agencies and industry in accessing information
relevant to false alarms, and which has been developed at CONTRACTOR's private expense
for the commercial marketplace and is not in the public domain;
Whereas, CUSTOMER desires to engage the CONTRACTOR to provide the full-service false
alarm management solution ("Services") for CITY police and fire departments described in
Attachment A; and
Whereas, the CONTRACTOR desires to accept such engagement.
Now, Therefore, the parties agree as follows:
1. Term.
The term of this Contract shall commence upon the date it is signed by both parties (the
"Effective Date") and shall continue for a period of three (3) years following from the Effective
Date. This contract will automatically renew for additional one-year periods unless CITY or
CONTRACTOR exercise contract termination as outlined in Section 17.
2. Contract Documents and Order of Precedence.
The contract documents consist of the following Attachments which are incorporated into the
Contract by this reference:
A. Attachment A, describes the Statement of Work to be provided by the CONTRACTOR
and outlines the CITY's operational responsibilities, and Attachment B, Pricing and Payment
Terms.
B. The Order of Precedence shall be as follows: (1) this Contract; (2) Attachment A and (3)
Attachment B.
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Contract Agreement
DocuSign Envelope ID: 13496AE0-069F-4787-B1 EA-01175C287E2A
3. Alarm Management Statement of Work.
A. The CONTRACTOR shall provide the police and fire False Alarm Management Services
described in Attachment A - False Alarm Management Services Statement of Work.
B. The False Alarm Management Services shall assist CUSTOMER in enforcing its Alarm
Ordinance to include tracking of responsible persons (including individuals, businesses and
government agencies) who use alarm systems, registering of alarm systems, billing and
notification of permit and false alarm fees in accordance with the Alarm Ordinance and at the
direction and under the supervision of CUSTOMER's Alarm Administrator, maintenance of a
database of persons who use alarm systems, tracking of false alarm occurrences, collection of
fees, the collection and enforcement of penalties for violations, generating performance and
outcome reports and assuring the availability to CUSTOMER of timely false alarm information,
all as more specifically described in Attachment A - False Alarm Management Services
Statement of Work.
4. Software License.
CUSTOMER shall be licensed and authorized to use the Software and any additional specific
customization and development provided as part of the False Alarm Management Services
described in Attachment A. The license shall cover all Software, including, without limitation,
software interfaces and software modifications. The scope of the license is non-transferable and
non-exclusive and is authorized by CONTRACTOR for use by CUSTOMER to access its false
alarm information.
5. Duration of the Software License.
CUSTOMER shall have the right to use the Software in accordance with Attachment A for so
long as the CONTRACTOR provides False Alarm Management Services to CUSTOMER and/or
licenses the Software in accordance with the Termination provisions in this Contract. This
license shall apply for the duration of the Contract and any extensions provided for herein or
agreed to in writing by the parties. In the event the business relationship with CONTRACTOR is
terminated or ended for any reason, CUSTOMER's license rights to use the Software shall
likewise terminate except as provided for in this Contract, including Attachment B.
6. Modification of the Software.
A. Modifications or adaptations of the Software shall be limited to creating or providing
interfaces between the Software and CUSTOMER's computer systems required to import or
export data in order to implement the Software as described in Attachment A.
B. CUSTOMER shall retain a nonexclusive License to use the modified and/or
"customized" interfaces with the Software, provided, however, the use of the original Software
with such adaptations in any projects other than the management of the Alarm Ordinance shall
be subject to additional compensation to CONTRACTOR in an amount and subject to terms to
be determined by the parties in writing prior to any such additional use.
7. Protecting Confidential and Proprietary Information.
The proprietary information of both parties, CONTRACTOR and CUSTOMER, is and shall
remain the valuable intellectual property of each respective party. Except as required by law,
neither party shall disclose any such information to any third party for any reason without the
express written consent of the other party and shall only use proprietary information for internal
purposes to facilitate and assist CONTRACTOR and CITY staff in the administration of the
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DocuSign Envelope ID: 13496AE0-069F-4787-B1 EA-01175C287E2A
Alarm Ordinance. In addition, the parties shall provide reasonable safeguards to protect their
respective software, hardware systems and data from unauthorized intrusion by third parties.
Notwithstanding, the parties recognize that the CITY is a government body subject to
compliance with Missouri Public Records laws.
Names, addresses, type of alarm, identification information of any alarm monitoring company, or
identification information of any person cited under the Alarm Ordinance shall not be released,
exhibited or sold to any third party by CONTRACTOR, except as required by law.
All data received hereunder shall be made a part of CUSTOMER's permanent records and files
and preserved therein for a period in accordance with the requirements of Missouri law. _
CUSTOMER will inform CONTRACTOR of the required retention time in writing at the beginning
of the Contract term and, in the event these requirements change, as soon as those changes
are approved by the appropriate State or CITY agency.
All alarm related data maintained by the CONTRACTOR shall remain the property of the CITY.
If the contract is terminated for any reason, the CONTRACTOR shall provide such data to
CUSTOMER on a timely basis in a mutually acceptable, electronic file format.
8. Reproduction and Copyright.
A. The Software is protected under the Copyright and Patent laws of the United States, and
as extended by treaty, with Canada. CUSTOMER may not copy, or allow anyone else to copy or
otherwise reproduce, any part of the Software without the prior written consent of
CONTRACTOR, except to store and/or install a copy of the Software on a storage device, such
as a network server, used only to run the Software on other computers over an internal network
and except for two copies for back-up or archive purposes.
B. CUSTOMER may copy any CONTRACTOR provided Software as necessary to its hard
disks or other such storage medium to efficiently operate the Software on CUSTOMER single-
user system, multiple-user system, or network. The Software shall be copied as a whole, and
the use of the copies shall be governed by this Contract. All other copying is prohibited.
9. Limitations on the Use of the Software.
CUSTOMER may not reverse engineer, decompile, or disassemble the Software. The Software
is licensed as a single product. Its component parts may not be separated.
10.Notices of Intellectual Property Rights.
CUSTOMER shall assure that CONTRACTOR's notices of intellectual property (e.g., patent,
trademark, and copyright notices) provided by CONTRACTOR, if any, shall remain visible on
the Software when displayed electronically, or when output created by it is printed for
distribution to persons or organizations outside the normal scope of the Alarm Ordinance.
11.Payment.
CUSTOMER shall pay the CONTRACTOR for the Services described, in accordance with
Attachment B ("Payment Terms").
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12.Collection of Fines.
The CITY shall support the collection of false alarm fees, fines and penalties in accordance with
the Alarm Ordinances and at the direction of the Alarm Administrator. If the CITY directs
CONTRACTOR to engage a third-party collection organization for delinquent amounts, the CITY
shall cause the necessary legislative and administrative procedures to be enacted and/or
adopted in order to delegate to the CONTRACTOR the authority to collect the delinquent fees
from the third-party collection organization on behalf of the CITY.
13.Confidentiality of CUSTOMER False Alarm Data.
Any false alarm collection data provided to the CONTRACTOR during the performance of the
False Alarm Management Services shall be used only in a manner consistent with this Contract,
and no false alarm collection data shall be disclosed without the prior written consent of
CUSTOMER. If such disclosure is compelled or required in any judicial or administrative
proceeding, the CONTRACTOR shall, before disclosing such information, first notify
CUSTOMER and give CUSTOMER an opportunity to object to the disclosure.
In the event CUSTOMER objects to such disclosure, it shall notify the CONTRACTOR that it will
indemnify it, to the extent provided by law, for any costs and expense incurred, including,
without limitation, the cost of attorney fees expended in the defense of any action or proceeding,
or relating to the refusal to disclose such information.
14.CUSTOMER Responsibilities.
A. CUSTOMER shall cooperate with and assist the CONTRACTOR by providing
management decisions affecting startup or provision of the False Alarm Management Services
within ten (10) business days of receipt of CONTRACTOR's request for a decision, as well as
providing personnel, information, approvals, and acceptances in accordance with a mutually-
agreed Implementation Plan to be developed by CONTRACTOR and CUSTOMER at the start
of the Services. This Implementation Plan will define the detailed tasks and schedule necessary
to implement the program.
The Implementation Plan shall be agreed to in writing by both parties and upon execution by
both parties shall be incorporated into this Contract by reference. If factors beyond the
CONTRACTOR's control prevent processing of false alarms within the implementation timeline,
extension of the implementation must be mutually agreed to and documented via change order.
B. CUSTOMER shall provide the CONTRACTOR with CAD alarm incident records, appeal
records, and necessary historical, non-financial alarm registration and alarm incident information
in accordance with the terms of a mutually-agreed implementation plan and in a mutually-
agreed electronic format, as necessary and proper, to allow the CONTRACTOR to effectively
provide the Services and enforce the Alarm Ordinance.
15.CUSTOMER Alarm Administrator.
To facilitate effective communication between CUSTOMER and the CONTRACTOR, and in
accordance with the Alarm Ordinance, CUSTOMER shall designate an Alarm Administrator.
The Alarm Administrator shall have the power and authority to make decisions relating to the
Services. A secondary Alarm Administrator will also be designated to act on behalf of the
Alarm Administrator when the primary Alarm Administrator is unavailable. The primary and
secondary Alarm Administrators shall be designated by CUSTOMER. The Alarm Administrator
has the authority to waive, void, or modify violation notices and the resulting fine amounts. Any
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such waiver, modification, or voiding will be communicated to the CONTRACTOR in a written
format.
16.Resolution of Disputes
A. Exclusive Dispute Resolution Mechanism. The parties agree to resolve any dispute,
controversy, or claim arising out of or relating to this Agreement (each, a "Dispute"),
exclusively under the provisions of this Section. Either Party may seek interim or provisional
relief in any court of competent jurisdiction if necessary, to protect the rights or property of
that Party pending the appointment of the arbitrator or pending the arbitrator's determination
of the merits of the dispute.
B. Good Faith Negotiations. The parties agree to send written notice to the other party of any
Dispute ("Dispute Notice"). After the other party receives the Dispute Notice, the parties
agree to undertake good faith negotiation between themselves to resolve the Dispute at
either CST or the Service Provider's location. Each Party shall be responsible for its
associated travel costs. The parties agree to attend no fewer than three negotiation
sessions attended Vice Presidents of each party (or employees of equivalent or superior
position).
C. Escalation to Mediation. If the parties cannot resolve any Dispute during the good faith
negotiations either party may initiate mediation hereunder.
D. Mediation. Subject to the provisions below, the parties may escalate a Dispute to a mutually
agreed to mediator. Parties agree to act in good faith in selecting a neutral mediator and in
scheduling the mediation proceedings. The parties agree to use commercially reasonable
efforts in participating in the mediation. The parties agree the mediator's fees and expenses,
and the mediator's costs incidental to the mediation will be shared equally between the
parties. The parties shall bear their own fees, expenses, and costs.
E. Confidential Mediation. The parties further agree all written or oral offers, promises, conduct,
and statements made in the course of the mediation are confidential, privileged, and
inadmissible for any purpose in any litigation, arbitration or other proceeding involving the
parties. However, evidence that is otherwise admissible or discoverable shall not be
rendered inadmissible or non-discoverable as a result of its use in the mediation.
F. Litigation or Arbitration as a Final Resort. If the parties cannot resolve a Dispute through
mediation, then once an impasse is issued by the mediator either party may commence
binding arbitration in accordance with the provisions of regarding Choice of Law and
Arbitration.
G. Arbitration. The Parties agree that any dispute, controversy, or claim arising out of or
related to the Employee's employment with the Company or termination of employment, this
Agreement, or any alleged breach of this Agreement shall be governed by the Federal
Arbitration Act (FAA) and submitted to and decided by binding arbitration to be held in
Florida. Parties agree to hold the deliberations in such arbitration confidential.
H. Arbitration Procedure. Parties agree arbitration must be commenced by delivering a notice
of arbitration to the other party. The Notice must set out the nature of the claim(s), and the
relief requested. Within 30 days of the receipt of the notice, the receiving party shall deliver
an answer, any counterclaim(s), and relief requested. Arbitration shall be heard by a single
arbitrator. Each Party shall pay its own costs of arbitration. The parties shall confer in good
faith to attempt to agree upon a suitable arbitrator, and if unable to do so, they will select an
arbitrator from the American Arbitration Association's employment arbitration panel for the
area. The arbitrator shall decide the procedures in the arbitration after consultation with the
parties. The arbitrator will have the power to grant any provisional or final remedy or relief it
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deems appropriate, including conservatory measures and an award of attorneys' fees. The
decision of the arbitrator shall be final and binding upon the parties hereto. The parties
agree that judgment may be entered upon the award by any court having jurisdiction.
17.Termination.
A. For Convenience. Either party may terminate this Contract for any reason and at any time
by giving at least ninety (90) days written notice to the other party of such termination and
specifying the effective date thereof. If the Contract is terminated by the CITY, the
CONTRACTOR shall be paid for any services already performed by sharing in the collections of
all amounts billed by the CONTRACTOR through the date of termination.
B. For Cause. Either party may terminate this Contract for cause if the other party does not
perform its duties or exercise its responsibilities in accordance with this Contract including the
maintenance of the system of fees and fines in effect at the beginning of the Contract period.
Upon an event of cause by either party (Non-performing party), the other (Claimant) party shall
provide thirty (30) days prior written notice to the non-performing party that the Contract terms
have not been carried out in accordance with this Contract. If the event of cause is not
corrected by the Non-performing party to the reasonable satisfaction of the Claimant, the
Claimant may terminate this Contract after a thirty (30) day written cure notice to the Non-
performing party.
C. Termination within Initial Two (2) Year Period. If this Contract is terminated by the CITY or
its implementation is terminated or postponed by the CITY during the initial two (2) year period,
for any reason other than breach by the CONTRACTOR, the CONTRACTOR shall be entitled to
receive a prorated share of its initial startup costs as specified in Attachment B, in addition to
any Service fees owed the CONTRACTOR as described in Paragraph 18 — Rights upon
Termination.
18.Rights upon Termination.
A. If CUSTOMER terminates this Contract or if the CONTRACTOR terminates for cause,
CUSTOMER, in addition to payment of false alarm collections owed to the CONTRACTOR
based on the CONTRACTOR's billings through the date of termination, shall undertake good
faith efforts to collect any False Alarm Management Services fees and civil penalties for
Ordinance violations billed, but not yet collected, as of the date of termination, in order to pay
the CONTRACTOR, all amounts due the CONTRACTOR as a result of efforts engaged in by
the CONTRACTOR on CUSTOMER's behalf.
B. In the event that either party terminates this agreement, the CONTRACTOR agrees that
all data collected under this agreement is part of CUSTOMER's permanent record and that all
data, including historical records under the required retention time will be provided to
CUSTOMER in an agreed upon data format within 30 days of the termination date.
19.Indemnification.
A. The CONTRACTOR shall indemnify, hold harmless, and defend CUSTOMER, its
elected and appointed officials, employees, agents and successors in interest from all claims,
damages, losses and expenses including attorney's fees, arising out of or resulting, directly or
indirectly, from the CONTRACTOR's (or CONTRACTOR's subcontractors, if any) performance
or breach of the Contract provided that such claim, damage, loss, or expense is not caused by
the negligent act or omission or willful misconduct of CUSTOMER or its elected and appointed
officials and employees acting within the scope of their employment. This Hold Harmless and
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Indemnification provision shall in no way be limited by any financial responsibility or insurance
requirements described in Section 22 and shall survive the termination of this Contract.
B. In the event that a claim is made against the CONTRACTOR, which arises out of the
negligence or willful misconduct of CUSTOMER or any of CUSTOMER's employees,
CUSTOMER shall indemnify the CONTRACTOR to the extent CUSTOMER is liable and
authorized to do so under the law.
C. Any party seeking indemnification shall promptly notify the other party of its discovery of
any matter-giving rise to a claim of indemnity. For each individual claim, the indemnifying party
shall have no obligation to the other or to any third party with respect to any expenses incurred
by or on behalf of the other or its assumption of control of the defense of the claim, or with
respect to any compromise or settlement made, without the prior written consent of both parties.
20.Patent infringement.
The CONTRACTOR shall indemnify CUSTOMER, its elected and appointed officials, officers,
employees, agents, and successors in interest from and against all damages and expenses
resulting from any infringement action brought against the CONTRACTOR, or against
CUSTOMER to the extent that any such action is predicated on the use of CONTRACTOR's
software, during the term of this Contract. This Hold Harmless and Indemnification provision
shall in no way be limited by any financial responsibility or insurance and shall survive
termination of this contract
21.Limitation of Liability.
LIMITED LIABILITY OF CONTRACTOR. CONTRACTOR'S LIABILITY IN CONNECTION WITH
THE SERVICES, IMPROVEMENTS OR ANY OTHER MATTER RELATING TO THIS
AGREEMENT WILL NOT EXCEED THE FEES COLLECTED IN CONNECTION WITH THIS
AGREEMENT FOR THE PREVIOUS 12 MONTHS.
EXCLUSION OF DAMAGES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH
HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT
CONTRACTOR, CONTRACTOR PERSONNEL, SUBCONTRACTORS OR SUPPLIERS BE
LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY (I) LOSS OF USE,
DATA, BUSINESS, REVENUE, PROFIT, GOODWILL, OR REPUTATION, (II) BUSINESS
INTERRUPTION, INCREASED COSTS, OR DIMINUTION IN VALUE, OR SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE; AND
WHETHER OR NOT CONTRACTOR, CONTRACTOR PERSONNEL, SUBCONTRACTORS
OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR
DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
BASIS OF THE BARGAIN. CUSTOMER ACKNOWLEDGES THAT CONTRACTOR HAS
AGREED TO THE REVENUE SHARING STRUCTURE AND ENTERED INTO THIS
AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE
DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT, AND
THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE
PARTIES.
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22.Insurance.
The CONTRACTOR shall provide and maintain in full force and effect at no additional cost to
CUSTOMER for the duration of the Contract commercial general liability insurance or
comprehensive general liability insurance with a minimum limit of$1,000,000 per occurrence for
bodily injury and damage to property including contractual liability, premises/operations,
products/completed operations, independent CONTRACTORs, broad form property damage,
and personal injury coverage and a minimum aggregate amount of $1,000,000 or
commercial/comprehensive general liability insurance plus additional excess umbrella liability
insurance to meet these limits.
The CONTRACTOR agrees that it shall add CUSTOMER, its elected and appointed officials,
officers, employees, agents, and successors in interest to the CONTRACTOR's liability
insurance policies as additional insureds. The CONTRACTOR shall require its insurance carrier
or agent to certify that this requirement has been satisfied on all Insurance Certificates issued
under this Contract.
Before any work is initiated and before any invoices are paid for work performed under this
Contract, the CONTRACTOR shall provide written proof of compliance with the above insurance
requirements by delivering to:
City of Cape Girardeau Police
2530 Maria Louise Lane
Cape Girardeau, MO 63701
A copy of a certificate or certificates of insurance completed by its insurance carrier or agent
certifying that minimum insurance coverages as required above are in effect. The
CONTRACTOR shall maintain, update, and renew the Certificate(s) for the term of this
Contract.
23.Assignment.
This Contract shall not be assigned to any third party without prior written consent, which may
be withheld in the sole and absolute discretion of either party. A change in ownership of the
CONTRACTOR or a purchase of the majority of assets or stock of the CONTRACTOR by
another company shall not be considered an assignment of this Contract.
24.Attorney's Fees.
Should the parties or either of them employ an attorney to enforce by litigation in a court of
competent jurisdiction, any of the contract provisions because of a disputed matter arising under
this Contract, to assert damages for the breach of the Contract, or in order to obtain injunctive
relief, then the prevailing party shall be entitled to recover reasonable attorney's fees, costs,
charges, and any expenses expended or incurred.
25.Notices.
Wherever under this Contract one party is required or permitted to give notice to the other, such
notice shall be deemed given when delivered in hand or when mailed, by United States mail,
certified, return receipt requested, postage prepaid, and addressed as follows:
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In the case of the CONTRACTOR:
CentralSquare Technologies
1000 Business Center Drive
Lake Mary, Florida 32746
Attention: Legal Department
In the case of CUSTOMER:
City of Cape Girardeau Police
2530 Maria Louise Lane
Cape Girardeau, MO 63701
26.Governing Law.
The substantive laws of the State of Missouri shall govern this Contract without regard to the
law of conflicts. Venue shall be in the appropriate court of Cape Girardeau County, Missouri.
Such actions shall neither be commenced in nor removed to federal court.
27.Severability.
If any provision of this Contract is held invalid or otherwise unenforceable, the enforceability of
the remaining provisions shall not be impaired.
28.No Waiver.
The failure by any party to exercise any right stated in this Contract shall not be deemed a
waiver of the right.
29.Complete Agreement.
This Contract when signed by both parties sets forth the entire understanding of the parties as
to its subject matter, conditions and obligations and may not be modified except by further
written agreement.
30.Independent Contractors.
In performing the work under this Contract, the CONTRACTOR acts as an independent
CONTRACTOR and is solely responsible for necessary and adequate worker's compensation
insurance, personal injury and property damage insurance, as well as errors and omissions
insurance. The CONTRACTOR, as an independent CONTRACTOR, is obligated to pay federal
and state income tax on moneys earned. The personnel employed by the CONTRACTOR are
not and shall not become employees, agents or servants of CUSTOMER because of the
performance of any work by or under the performance of this Contract.
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31.Cooperative Purchases.
This Contract may be used by other government agencies. The CONTRACTOR has agreed to
offer similar services to other agencies under the same terms and conditions as stated herein
except that the revenue share percentage (Compensation) may be negotiated between the
CONTRACTOR and other agencies based on the specific revenue expectations, agency
reimbursed costs, and other agency requirements. The CITY will in no way whatsoever incur
any liability in relation to specifications, delivery, payment, or any other aspect of purchases by
such agencies.
WHEREAS, the individuals representing the parties are both authorized and have executed this
Contract effective as of on the date first written above.
CUSTOMER
&
[Name and Title— itlease print]
CENTRALSQUARE TECHNOLOGIES, LLC
, —DocuSigned by:
-1,41441/0
By:
L—EBD21F21101F419...
[Authorized Signing Officer]
Erik Cerbulis Manager, crywolf Servi
[Name and Title— please print]
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ATTACHMENT A
FALSE ALARM MANAGEMENT SERVICES
STATEMENT OF WORK
A. Summary
This CryWolf False Alarm Management Services Statement of Work(SOW) is a joint effort
between CentralSquare Technologies ("CST" or CONTRACTOR") and City of Cape Girardeau,
Missouri (CUSTOMER" or"CITY"). This document outlines and describes the police and fire
alarm program management services to be provided, proposed project plan, deliverables, and
the tasks required by both CONTRACTOR and CITY personnel. If a service is not described in
this document, then it will not be provided within the scope of this project.
A.1 Alarm Management Services Overview
Our alarm services team will administer CITY's alarm program in accordance with CITY's Alarm
Ordinance.
• Secure access online to adaptable reports: CONTRACTOR will provide authorized
CITY staff with direct inquiry and report generation capabilities via real-time, encrypted,
Web-based connection to alarm management information. This approach is currently
used by many CONTRACTOR clients and provides CITY flexible, secure, and timely
access to information.
• Recording of Program Telephone Calls: CONTRACTOR all center process is designed to
ensure the highest quality customer service including accurate, courteous, and consistent
communications with CITY citizens and businesses. In support of these objectives,
CONTRACTOR employs a communications appliance integrated into our telephone system
to record incoming customer calls. Using this device, digital copies of incoming citizen and
business telephone calls are captured in voice documents for later review, comment, and
sharing of telephone conversations. This process helps ensure the highest level of customer
service.
• Extensive Language Support: CONTRACTOR utilizes a Language Service to provide
extensive language support. This same service is used successfully by thousands of
public safety organizations nationwide. Accordingly, we can provide language support for
175 spoken languages and provide an array of communication choices for the hearing-
impaired including Email, Text relay, Video relay and TTY formats.
• Dedicated mailing address and toll-free citizen support line: Our alarm management
process is designed to reliably separate the CITY correspondence and calls we receive
from the activity of other alarm programs we administer to ensure high-quality and
personalized service to CITY's citizens and businesses. Our support line is available
Monday through Friday, except Federal Holidays, 9am to 5pm local time.
• Alarm program remittance lockbox: Our approach to processing payments is
designed to ensure fast, reliable, and secure payment processing. We will establish a
dedicated, program account at a FDIC-insured, commercial bank lockbox facility for all
mail-in payments. This approach ensures GAAP-recommended separation of duties
ensuring that the same personnel which generate invoices do not also process invoice
payments—our staff does not handle program funds.
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• Internet-based payment of invoices: CONTRACTOR will process false alarm payments
made over the Web. Alarm holders can "Pay-by-Web" directly into a dedicated CITY alarm
program website which we will host so that citizens can pay individual alarm invoices, or
the full balance owed at any time, day or night.
• Enhanced Alarm Data Security: Alarm response services require the collection,
maintenance, and communication of sensitive and highly confidential data about alarm
locations. Understandably, businesses, citizens, security alarm companies, and city
officials are concerned with unauthorized access to this information. CONTRACTOR has
the technical infrastructure required to ensure the highest levels of data security. This
includes core network and DMZ server firewalls, private internal IP addresses, and
real-time virus scanning of all data. CONTRACTOR provides encrypted (Certified TSL)
data transfer for all web functions.
CONTRACTOR operates its own data servers and does not store any CITY data in
subcontracted, public "clouds"where security policies are established by third-parties,
data access is not properly restricted, and databases are co-mingled with other
non-public safety customers.
• Extensive Adjudication and Hearing Support: Our service offering contains a fully
integrated hearing and appeal system that allows the adjudication of any action for any
account. CryWolf generates various reports that document and support all billing,
noticing, and status change decisions.
• Proven Collection Techniques: With half a million false alarm charges processed
annually, CONTRACTOR has extensive experience in violations processing and
generate collection notices at 30, 60, 90 and 120 day intervals. At the direction of the
CITY, we will also engage a third-party collections agency to recover delinquent
collections.
• Comprehensive Public Awareness Campaign: We will work with CITY to design a
comprehensive public information campaign to ensure the highest degree of
compliance and public support by providing samples, templates, and consultation to
assist the CITY in executing an effective education campaign.
• Document Control and Mail Verification Software (DCMVS): CONTRACTOR uses
the latest Document Control and Mail Verification Software to interface with the United
States Postal Service to ensure compliance with the USPS CASS/PAVE and NCOA
requirements. The process assists to identify, verify, and correct invalid addresses to
maximize deliverability and reduce returned mail while also confirming addressee mailing
location and reporting any moves within the last six years. DCMVS also automates
document integrity, processing, and security. Utilizing DCMVS creates faster turnaround
of invoices, correspondence, and registrations, while assisting in locating people for
collections.
• Furnish and maintain all supplies: CONTRACTOR provides all computer hardware,
furniture, equipment, and software necessary to install and operate the system at our
processing facilities. Primary false alarm processing will be performed at our fully equipped
and staffed facilities in Lake Mary, Florida. This facility is currently used to administer alarm
programs in cities and counties coast to coast. CONTRACTOR will also provide all
necessary forms, supplies, postage, and mailing materials to administer the alarm program
at CONTRACTOR facilities.
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A.1.1 Alarm Program Website and Payment Portal
CONTRACTOR will provide a fully interactive, secure Alarm Program website that can be
accessed by a link on CITY's website. Our secure, online access allows alarm users to
update their alarm information without waiting to speak with a Customer Service
Representative. This online service is available on a 24/7 basis.
This website allows alarm users to.review their registration status, update contact information,
renew permits, make payments, and provides alarm training, education and information
regarding the CITY's ordinance. The web-based registration may be used by both alarm users
and alarm companies (to register their alarm users). The CITY Alarm Program website can
provide citizens and businesses continuing alarm education by presenting false alarm
reduction information and providing access to an online Alarm Awareness Class (Alarm
School). The online information can include:
• Alarm Ordinance • Tips on How to Reduce False Alarms
• Appeal process • Frequently Asked Questions
• Registration & reinstatement requirements • Law Enforcement response guidelines
• False alarm fee structure • Alarm School
The CITY's Alarm Administrator will also be provided secure online access to make changes to
mailing addresses, phone numbers and contact information for alarm users and alarm
companies, as required. This website also provides authorized CITY staff secure online access
to detailed alarm account information and histories, supporting documentation, financial and
alarm activity reports, and real-time hearing and appeals decision-making. This online service is
available on a 24/7 basis.
Web-based payment of invoices: false alarm payments can be made through the online Alarm
Program payment portal. Alarm holders can pay online directly using our dedicated CITY alarm
program website which we will host so that citizens can pay individual alarm invoices, or the full
balance owed at any time, day or night. On-line payment processing is performed by our third-
party, PCI-compliant online payment process company.
A.1.2 CITY CAD to CryWolf Alarm Incident Data Transfer:
This project includes a data transfer interface between CryWolf and CITY's CentralSquare Pro
(Zuercher) CAD system. This interface will transfer alarm incident data from CAD to our CryWolf
system for daily processing of false alarms. This process is automated, using scheduled data
transfers during off-peak hours to our secure FTP site for processing and does not require CITY
resources to operate.
CITY will extract a data file from the Zuercher CAD system, of CITY's current false alarm data to
files that can be read by the CryWolf database utilizing the CryWolf prescribed formats (Refer to
Exhibit 1). CryWolf can accommodate various methods of data transfer including simple flat
files; e.g., comma delimited, fixed length, Excel, and web service (XML) formats. CryWolf
supports more than 30 alarm incident data fields.
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A.2 CONTRACTOR Tasks to Support the Alarm Program
1. Update alarm business, alarm system location and responsible party information and renew
permits and alarm registrations in accordance with the CITY Alarm Ordinance ("Ordinance").
Updated information may be processed by mail, electronically and /or online;
2. Register, renew and invoice alarm system registrations in accordance with the Ordinance.
Registrations and renewals may be processed by mail, telephone, or online. Notices related
to registration may be sent by email or mail based on the alarm user contact information
maintained;
3. Import daily into the CONTRACTOR's CryWolf alarm billing system, alarm incident data (in
formats prescribed by CONTRACTOR) extracted by the CITY from the CITY's CAD system;
4. Create and host a dedicated, secure (TSL encrypted) CITY Alarm Program website for CITY
citizens and businesses to obtain false alarm reduction educational information, review
alarm ordinance and appeal requirements, access and update alarm account information,
and pay alarm fees online if preferred. This website may be linked by the CITY to the CITY
website if desired;
5. Initialize, maintain, secure and back-up Program databases including alarm business, alarm
system location and incident data; alarm-related financial transactions and accounts
receivable information. CONTRACTOR will comply with the provisions of the Alarm
Ordinance, and update Program business rules to comply with Alarm Ordinance changes as
supported by the CONTRACTOR software;
6. Process false alarm incident data, including the matching of false alarm incidents with the
alarm system location database maintained by CONTRACTOR;
7. Bill and correspond with alarm businesses and alarm users in accordance with the Alarm
Ordinance provisions. This will include but may not be limited to invoices and delinquent
payment notices. All correspondences will be sent by mail or email based on the alarm
user's accepted contact method(s);
8. Provide and host an Alarm Program website for public and CITY access. This website can
be accessed by link to the CITY's website and allows alarm users to review their
registration status, update contact information, renew permits, make online payments,
and provides alarm training, education, and alarm program information as provided by
the CITY.
9. Answer telephone inquiries from CITY alarm users that are placed to a false alarm program
toll-free customer service number established for the CITY;
10. Process fee/ penalty payments mailed to and deposited in a bank lockbox and account
opened by CONTRACTOR at either Bank of America or Wells Fargo. Payments received
from other payment channels, e.g. online, as agreed on by CONTRACTOR and the CITY,
will be deposited in bank account and payments applied to alarm accounts;
11. Support alarm hearings and appeals by notifying the CITY of any such appeals, providing a
CITY Alarm Program representative with documentation supporting noticing / billing
decisions; and updating the system with the disposition of any hearing results;
12. Provide and maintain computer equipment, software and furniture at CONTRACTOR's
Program processing facilities;
13. Provide the CITY secure (TSL encrypted), online, on-demand access to alarm management
information and reports including, but not limited to, alarm account transaction history, alarm
system information, and financial transactions/balances with format and content specified by
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the CryWolf and the designated bank, and agreed on between the CITY and
CONTRACTOR; and,
14. Perform special collection functions as directed and authorized by the CITY such as
retaining a third-party collection agency or providing delinquent account information to other
CITY agencies. To the extent permitted by local law, third-party collection fees will be added
to the delinquent amounts.
A.3 CITY Tasks to Support the Alarm Program
1. Appointing a CITY Alarm Administrator("Administrator") and backup administrator who will
be the primary points of contact between CONTRACTOR and CITY. The Administrator(s) is
responsible for overseeing CONTRACTOR's operation of the False Alarm Management
Services Program ("Program") and accessing Program information, as needed, via
CONTRACTOR provided online access;
2. Approving or obtaining CITY approval of policies, procedures and materials used by
CONTRACTOR in operating the Program, such as clarifications of Alarm Ordinance
provisions, preferred responses to standard public telephone inquiries, and routine
correspondence format and content;
3. Approving content and format of letters authorizing alarm businesses to provide their alarm
user customer data electronically to the program;
4. Monitoring program progress and performance. This will include using our secure internet
administrative website to access false alarm processing data and reports. It will also include
status meetings with CONTRACTOR, generating management reports from CryWolf, and
keeping other CITY managers informed; and,
5. Working with CONTRACTOR to resolve, on a timely basis, any program policy or procedural
issue that can adversely affect the program, the program's efficient and effective operation,
or CITY.
6. Requesting or supporting CONTRACTOR's requests of Alarm Companies, as needed, to
provide alarm system information.
7. Administering the Hearing and Appeals process to include: Confirming hearing dates for
written appeals submitted by alarm users to CryWolf Processing staff; participating as the
Program's representative in the hearings; and documenting hearing results and ensuring
that the results are provided to CryWolf processing staff to update the database.
8. Documenting and communicating false alarms, and deciding to suspend or limit response,
as required by the alarm ordinance.
9. Responding to alarm service calls, determining whether calls are false alarms, providing any
on-scene communications of alarm related information to alarm users, and for documenting
alarm related information within the CAD system;
10. Extracting false alarm call incident data from the CITY's CAD System and transferring this
data electronically to CONTRACTOR (via CONTRACTOR's FTP site). The data extraction
format will be provided by CONTRACTOR and CONTRACTOR will provide the CITY
additional software for automating the daily transfer of alarm incident files to
CONTRACTOR;
11. Working with CONTRACTOR to develop a process to ensure that alarm user registration
suspensions and revocations receive adequate CITY oversight and approval prior to CITY
action, e.g. verified response status.
12. Executing the CITYs Alarm Program public awareness/education program.
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A.4 Implementation Plan
The following sections provide an overview of the Implementation Plan for the CITY False
Alarm Management Services project. The services will be provided directly and managed by
CONTRACTOR. CONTRACTOR assumes full responsibility for all deliverables that
CONTRACTOR provides and will be the single point of contact for CITY.
A.4.1 Implementation Tasks
An experienced alarm services team under the direction of our proposed Project Manager will
install, configure and maintain the False Alarm Management Services program in accordance
with CITY's requirements and CITY's Alarm Ordinance.
The major tasks of our proposed implementation plan are as follows:
• Contract and Project Plan
> Complete contract paperwork
> Finalize project startup plan and schedule
• Establish Initial Alarm Database
> Contact alarm companies and obtain their alarm customer location data
> Obtain alarm location data from citizens via the Alarm Program Website
• Establish Alarm Program Website
> CITY/CONTRACTOR review alarm program website template
> CONTRACTOR develops draft website information, e.g. ordinance, appeal
guidelines, tips to reduce false alarms, frequently asked questions (FAQ),
online alarm school
> CONTRACTOR integrates and tests online payment processing
> CITY reviews and approves final program website and links site to main
CITY website
> CONTRACTOR tests and implements final program website
• Establish the Program Payment Processes
> CONTRACTOR establishes bank lockbox and alarm program bank account.
> CONTRACTOR engages online payment processor
> CITY/CONTRACTOR establish delinquent collection process
> CITY/CONTRACTOR establish walk-in payment process, if required, and controls
> CITY/CONTRACTOR establish business rules e.g. reconciliation
procedures, acceptable check payee information, returned checks,
excess payments, etc.
> CITY/CONTRACTOR establish appeal process and acceptable waiver rationale
> CITY/CONTRACTOR establish payment reconciliation and revenue share schedule.
• Configure CAD Interfaces
> CITY/CONTRACTOR review interface methodologies
> CITY/CONTRACTOR test interfaces
> Crossover to live CAD data transfer
• Establish Administrative Processes
> CONTRACTOR completes program staffing, as necessary
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➢ CITY/CONTRACTOR review ordinance provisions and interpretations
> CONTRACTOR develops program operating procedures and telephone scripts
> CONTRACTOR prepares draft program correspondence, forms and invoice formats
> CITY edits and approves correspondence, forms and invoice formats
> CITY/CONTRACTOR develop public relations plan, e.g. press releases, public
service announcements, etc.
➢ CITY/CONTRACTOR reviews and approves geo- (address) validation process
> CITY/CONTRACTOR tests and implements geo-validation process
• Test and Crossover to Live Operation
> CITY/CONTRACTOR conduct end-to-end program test
> Crossover to CONTRACTOR program administration
• Live Operation
> Add/update registration
> Process daily false alarm activations
> Generate and transmit required alarm notices and invoices
> Begin payment processing and management reporting
A.4.2 System Testing Plan
CONTRACTOR will also perform additional tests to ensure full system requirements are met
including;
• Create required letter formats
• Enter all required location types
• Enter alarm count, letter selection and charge matrix
• Enter initial test alarm call information
• Generate test letters and invoices
• Review program progress and results with the CITY Alarm Program Administrator
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ATTACHMENT B
PRICING AND PAYMENT TERMS
B. Revenue-Share Percentage
For the provision of all Services and technology outlined in this Contract, CONTRACTOR shall
obtain payment exclusively from the revenues CONTRACTOR helps generate. There shall be
no upfront systems development, licensing, equipment, travel, support or other costs.
CONTRACTOR shall purchase, configure, install, and customize all systems and processes
CONTRACTOR requires to provide the Services described herein.
The CONTRACTOR's Revenue Share is twenty-seven percent(27%).
B.1 Revenue-Share Provisions
1. The following amounts that shall be paid from the total collected revenue and subtracted
from the total collected revenue before the revenue sharing percentages are applied are:
• Any overpayments by alarm users to be refunded or held for application against future
charges, as directed by the CITY;
• Bank fees charged by the CITY-approved lockbox bank; including overdraft protection,
fraud protection and other reasonable charges necessary to protect funds in the lockbox;
• Correspondence mailing costs (envelopes and paper) including postage (at first class
postage rates); and
• Third-party credit card processing charges, if any.
In this approach, CONTRACTOR and CITY share the objectives of reducing bank, credit
card and mailing costs. These costs can be easily reduced by emailing instead of mailing
correspondence, encouraging online payments to avoid bank lockbox fees, and establishing
convenience fees for online payments to offset credit card fees. As the entity in control of
the lockbox, CONTRACTOR will take all reasonable and necessary steps to protect the
deposited funds from waste or loss.
2. Any certified mail requirements will be billed separately on a monthly basis and will be paid
directly from the CITY's portion of the revenue-share.
3. CAD Interface: CONTRACTOR will provide the interface between the CITY's CAD and the
CryWolf database as described in the Attachment A: Statement of Work.
B.2 Revenue Share Assumptions
The revenue share percentages are based on several assumptions over which the
CONTRACTOR has little or no control. If CITY causes any of the following assumptions to fail,
CONTRACTOR shall have the right to renegotiate the Revenue Share.
1. The Ordinance fee and fine schedules remain at levels equal to or greater than the schedule
outlined below from the City's Alarm Ordinance No. 5306, Chapter 15, Emergency Services
Alarms (May 2020).
2. The CITY adopts a fair, but firm approach to granting appeals. Appeals and CITY waived
charges are expected to reduce collections by no more than 5% annually; and
3. The CITY actively supports enforcement of the Alarm Ordinance, including support of
reasonable measures to collect all amounts due for violations of the Alarm Ordinance.
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B.3 Revenue Share Payment Process
CITY and CONTRACTOR agree as follows:
1. All false alarm related fee collections from any payment method, including but not limited to
bank lockbox and online credit card, shall be deposited, as soon as practical, in a False
Alarm Bank Account("False Alarm Account") to be established at a mutually agreeable
Commercial Bank;
2. CITY and CONTRACTOR agree to maintain a positive balance of available funds ("Minimum
Balance") at all times in the False Alarm Account;
3. At the beginning of each month, CONTRACTOR will reconcile the alarm related deposits for
the most recent completed month and report the same to CITY. Upon CITY's approval, CITY
and CONTRACTOR shall authorize and cause the issuance of electronic (ACH) transfers to
CITY and to CONTRACTOR as follows:
a. With regard to the transfer to CONTRACTOR, the amount will be calculated for
CONTRACTOR based on the Revenue Share described above. That amount,
not to exceed 27% of the revenue collected during the preceding month, shall be
transferred to a bank and account authorized by CONTRACTOR; and,
b. The remaining balance of the revenue collected during the preceding month of
no less than 73%, shall be transferred to a bank and CITY account specified by
CITY.
4. At the termination of this Contract, any remaining balance shall be transferred to
CONTRACTOR and to CITY on the same prorata basis, e.g. 27% and 73% respectively. In
addition, Contractor will continue to collect payments from the lockbox and record such
payments for the CITY on an Excel spreadsheet which will be provided to the CITY on a
weekly basis for 90 days. At the end of each month, for the 90-day period, Contractor will
reconcile the bank statement and spreadsheet of payments after termination date and
Contractor shall share those payments collected in the lockbox with the CITY and be
compensated at 27% for those 90 days of payments collected after termination date.
B.3.1 Delinquent Account Terms
The parties shall define a mutually agreeable process and methods for collecting amounts due
from delinquent accounts. If organizations other than the CITY and CONTRACTOR are retained
to collect overdue amounts, the parties agree that the collection costs shall to the extent
permitted by State of Missouri law be added to the delinquent amounts owed by alarm system
users or be borne by the parties on a pro-rata basis by deducting the third party collection fees
from the gross third party collections before the revenue shares are calculated.
B.3.2 The CITY Payment Upon Early Termination (Per Paragraph 17C)
If, within the initial two (2) years of the effective date, this Contract is terminated by the CITY for
convenience under 17A, or is terminated by CONTRACTOR for cause as defined in Paragraph
17B, CONTRACTOR shall be due a one-time Program Termination fee, not to exceed $24,000,
to reimburse CONTRACTOR for startup costs. This fee shall be in addition to any other
amounts due CONTRACTOR under the Contract. The $24,000 shall be amortized (reduced) on
a straight-line basis ($1,000 per month) over the initial two (2) year period.
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EXHIBIT 1 - CAD to CryWolf Data File Transfer Specifications
CryWolf database can except data from a CAD or RMS system that can export, or have
extracted, false alarm data in a format the CryWolf can read. These formats include ASCII
text (flat file) where the data fields are delimited (separated) by commas, fixed lengths, or
"pipe" characters; XML (web services); or MS Excel, CSV, SQL.
• All the data will be read as string from the file.
• CryWolf does not dictate the order of the fields in the text file.
• CryWolf only mandates a few fields (indicated below), but including as many fields as
possible, in the extracted false alarm CAD file, is the best approach.
• All others can be included to simplify the work of the False Alarm Unit administrator.
It is recommended that the CAD extraction routine export daily alarm incident data, at a set
time each day as specified by the agency. The extracted data will be in the form of a
comma- or fixed- length separated, ASCII text file (or other format see above) and will be
transferred to a Month/Year-designated folder. This folder will be at a specific network
directory location that is accessible by both CAD (or RMS) and CryWolf. This file will include
the date in its name, so that it can be easily selected by the agency's CryWolf system
operators for import and processing by CryWolf. The data fields in the CAD (or RMS)
extracted file will be specified by agency. At a minimum the data fields will include a unique
incident number, incident date, street address, suite or apartment if possible, and false
alarm clearance code. The maximum number of fields will be limited by the data CryWolf
currently maintains as described in table 1.1 of this document.
Mandatory Fields:
Case No must be unique for each alarm incident
Incident Date must be in some standard format(mm/dd/yy, mm/dd/yyyy, etc)
Incident Address such as '123 MAIN ST'
Apartment/Suite if applicable
The date is stored as a date, but the text string (01/01/01, 01/21/2001, etc.) in the text file is
read and then converted as the field is loaded on the screen.
The next fields are used when the program is run in 'interactive' mode, where the program
determines whether to charge or not, which assists in processing false alarms faster., the next
four fields should be included, if possible.
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Desired Fields
Dispatch Code any code used by the CAD system to tell the type of call
Clearance Code any clearance code usually given by the officer to the dispatcher
indicating whether this was a real crime, a false alarm, nothing
found,etc.
Dispatch Comments what the dispatcher types in usually what is relayed to him/her about
the call. ('motion detector going off in back room','owner enroute',etc)
Officer Comments whatever the officer says to the the dispatcher that is typed into the
narrative area of the CAD ('nothing found', 'building checked secure',
etc)
All other fields are optional.
A complete list of data fields is shown in Table 1.1
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Table 1.1 - List of CryWolf"Call For Service" fields.
FieldName ,.,.Type °Size , ,;° - ;Description
CaseNo Text 50 Must be unique for every call
CADAIarmNo Text 50 If the CAD record includes the Reg#
AlarmType Text 50 Type of alarm call (fire, holdup, etc)
MonitoredBy Text 50 CryWolf determines this value
FullAddress Text 100 Incident address '123 MAIN ST'
Apt Text 10 Apartment/Suite if applicable
IncidentDate Date/Time Actual Date of Incident
TimeReceived Text 30 Time call received
TimeDispatched Text 30 Time call dispatched
TimeOnScene Text 30 Time first officer on scene
TimeCleared Text 30 Time call is cleared
Dispatcherinfo Text 250 Any dispatcher info (ID, Name, etc)
CallTakerinfo Text 250 Any Call Taker Info(ID, Name, etc)
OfficerlD Text 30 ID/Name of primary unit
UnitsAssigned Text 250 List of multiple units if desired
DispatchCode Text 50 The Call Type
ClearanceCode Text 50 Final clearance code
Must indicate if alarm is `false'or an actual crime.
BeatNo Text 50 The Beat/District/Area etc of the call
CADName Text 250 The CAD 'Common Place
Name' Name of the Business or
DisptchComments Text AnySize Comments entered by the Dispatcher
OfcrComments Text AnySize Officer comments (check secure, nothing found, etc)
Extral Text 250 Other field of your choice (optional)
Extra2 Text 250 Other field of your choice (optional)
Extra3 Text 250 Other field of your choice(optional)
Extra4 Text 250 Other field of your choice(optional)
Extra5 Text 250 Other field of your choice (optional)
Extra6 Text 250 Other field of your choice (optional)
Extra7 Text 250 Other field of your choice (optional)
Extra8 Text 250 Other field of your choice (optional)
DateEntered Date/Time Set by CryWoif
AlarmNo T 50 Set by CryWolf
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Page 1 of 23 False Alarm Management-Outsource Services
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