HomeMy WebLinkAboutAgenda Report - March 16, 1994 (45)j or
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: City -Monitored Silent Alarm Replacement System
MEETING DATE: March 16, 1994
PREPARED BY: Police Chief
RECOMMENDED ACTION: It is the recommendation of the Police
Department that if the City elects to continue
to monitor silent alarms, that a replacement
system be purchased form California Security
Systems.
BACKGROUND INFORMATION: Pursuant to the direction of the City
Council, requests for proposals for a
replacement alarm monitoring system were
solicited. Only two proposals were received
(exhibit A). The bids received are:
California Security Alarms, San Mateo, CA $16,500.00
Associated Electornics Co., Livermore, CA $20,195.22
Staff conducted site visits at other police departments utilizing the
proposed alarm systems. Captain Jim Schick met with both bidders for
proposal clarifications, to develop extended warranty information,
and discuss conversion and future operating procedures. A summary of
information compiled was prepared by Captain Schick and a copy of
this information i.: also attached (exhibit B). lie will be in
attendance at Wednesday night's meeting to answer any questions
Council members may have.
FUNDING: Council directs that a replacement system be funded by
commercial users.
�JYJ`rL� A
Larry D1. Hansen
Chief of Police
cc: City Attorney
APPROVED - .. - _ ...-..._.^--------------- - --- - -- --- - L�
THOMAS A PETERSON
City Manager
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City of Lodi
221 West Pine Street
Lodi, California
Attention: PURCHASING DEPARTMENT
"PROPOSAL FOR ALARM MONITORING SYSTEM"
SPECIFICATION NO. PD 9301
DUE DATE: JANUARY 7, 1994
As pursitant to your specifications (OPI) 9301) CALIFORNIA
SPCURITY ALARMS, INC. hereby proposes to furnish, install
Mill mnintairi (for the one ( 1) year warranty period, with
optional second year service contract) the following
receiving system:
* One (1) hrl,TRON receiver, part #DMP704 100 point
ma,:imum R.P. alarm monitor. Including operator's clrritiole
witb field programmable data base, video display and
printer. To be 19" ruck mounted within dispatching
vonxotr•. Please refer to enielosed brochures for further
details.
* Roc.e.iver to also include, operator key bonrd, power
suppl}, nest control card, MOSIIBR panel color, 25 zone
input. rare) and cables, back tip rechareg'ah l e batteries (25
amp), (1un) 11,1eplsone line digital receiver, interface for
1 digital accounts and 256K memory card.
TOTAL _PURCHASE _PRICE1_INSTALLED $16,500.00
OPTIONAL. 2ND_ YEAR SERVICE_ CONTRACT $ 025.00
SPARE PARTS PACKAGE $ 2,300.00
lfor_emergency_on_hand_stocki
I'rires iluuted include al l app] irable taxes, instal lilt ion
k hardware, user manuals and training. 24 hour support.
for t.lie first ),var.
Main Office:
1009 S.CLAREMONT Respi-ei ful t}- suFhmit.tecl
SAN MATEO. CA
94402-1835
(415) 342-2200
f Vinven A. lii•Priese
Branch Office General Maria gor
P.O. BOX 1061
TRUCKEE.CA
96160-1061 PAGE, ONI: UI' ONE
(916)587-6278
Consumer Affairs
Lic.9 ACO 42
--a&-
Contractors Contractors
Lick 537183 A CALIFORNIA CORPORATION
STATEMENT OF PROIER'S QUALIFICATIONS
List and describe fully the last three contracts performed by your firm which
demonstrate your ability to provide the services included with the scope of the
specifications. Attach additional pages if required. The City reserves the right to
contact each of the references listed for additional information regarding your
firm's qualifications.
Customer Name: City of Palo Alto
Contact Individual: Mr. Duane Williams
Address: P.O. Box 10250
Palo Alto, Ca. 94301
Reference No. 2
Customer Name: City of ,.It. View
Contact Individual: Ms. Cheryl Contois
Address: 1000 Villa Street
Mt. View, California
Reference No. 3
Customer Name: 'Town of IIi'3lsborough
Contact Individual: Inspector l:d Boll
Address: 1600 Floribunda Avenue
C Ilillsborough, Ca. 94010
s
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jgnature of Authorized Representative
8
Phone No:
415-329-2326
Phone No:
415-903-6395
Phone No:
415-579-3818
/- 6. 9Y
Date
,_. ROPOSAL SUBMISSION FORM
TO: City of Lodi
ATTN: Joel Harris, Purchasing Officer
221 West Pine Street
Lodi, CA 05240
SUBJECT: Alar.n Monitoring System - Specification No PD 9301
The undersigned de0ares that s/he has carefully examined specifications PD 9301, General
Terms and Conditions, and Special Terms and Conditions accompanying the Request for
Proposals and is thoroughly familiar with the contents thereof; is authorized to represent the
proposer; and proposes to deliver the services and equipment at the prices stated on the attached
form(s) each numbered in the order of submission.
Signature of Authorized Representative
Vincent A. IXTriese
Representative's Name (printed)
California Security Alarms, Inc.
Name of Firm
1009 South Claremont Street
Street Address
San Dlateo, Ca. 94402
City, Slate and ZIP
415-570-6500 / fax S74-0308
Telephone and Fax No.
7
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CITY OF LODI
REQUEST FOR PROPOSALS
ALARM MONITORING SYSTEM
SPECIFICATION N0. PD 9301 • "�,-�,: - t,' scayaair a we iwuaaa+vrs.awi;+
Note:
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This acknowledgement ' muet'i be' subiditfh t,V t t� fh Rpt d'the
Proposal .i. �,� x r.ti• yR. r t}:
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1 to the specifications referenced above is hereby
Receipt of Addendum No
acknowledged.
' `tis rL,ttr• `i ,x+'• -t '1','�
Date: 1/6/04 company: California Security'Alaims, Inc-
By: Vincent A. DePriese
Signature:, I�LB-1r
Ile
-i
F Page No. 1 of 1 Pages
Proposal ---=
Call. Contractors Lk. 1299400 OHM A Calf. Ahnn Lie. IL400M
ASSOCIATED ELECTRONICS CO.
Since Iasi
233 JUNCTION AVENUE a LIVERMORE, CA 94550 a (510),d47-1226
Propoeal Submitted to: Phone:
City of Lodi 1-5-94
Street: Job Now:
Specification PD 9301
City. State and Zip Code: Job Locatiore
we.uoaorwgLw tmvwanoesumemvor: ALAKH HUNiTUKiNG SY5TW4
1. Associated proposes to provide the required personnel for repairs on the Digitize
System 3000 receiving system. Associated maintains an adequate stock of all parts,
boards, components and software to effect all repairs in a timely manner. Boards
typically will be exchanged and factory repaired with actual billing to follow.
Standard Digitize markup will apply. Typical time frame for repairs - 2 to 4 hours
response.
2. Standard Digitize warranty on all boards - 1 year. Warranty is based upon normal and
intended use. Such is excluded in the event of damaged resulting from misuse, repair
attempts by anyone other than authorized Associated personnel, acts of God and or
other events beyond the control of Associated. Labor repair warranty on actual repair
30 days.
3. Cost per hour - portal to portal:
Normal business hour/day (M -F 8:30 to 5:30) $'5.00 per hour.
After hours/holidays/weekends $150.00 per hour.
Initial one year annual contract to provide all labor only. Includes semi annual
checkout - cleaning of system - voltage adjustments etc - new personnel training
at this time if desired.
Annual cost: $3200.00
Payment terms: Net 30, payable quarterjy__in advance __`
John L. Skipper —
S for Supervisory Technician
1
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FA
Associated Electronics Specification PD 9301
233 Junction Avenue City of Lodi
Livermore,*CA 94550 1-5-94
.ALARM MONITORING SYSTEM
Associated Electronics Company proposes the follow system for the City of Lodi Police
Communications Center alarm monitoring system.
L. Provide, install and program an alarm monitoring computerized DIGITIZE SYSTEM 3000.
Additionally, training will be provided for personnel on its operation. This system
will replace an existing Digitize 2000 system.
2. The Digitize 3000 is similar in appearance to the model 2000, with interchangeability
of several common plug-in cards to both units. The cards which terminate to the incoming
connecting telephone lines from each alarm subscriber (refered to as reverse polarity
interface - RPI), the internal unit cards, I/O - zone controller - power supply are
all identical and are interchangeable. The new system 3000.utilizes a more refined EEPROM
memory system, and the central processing card (CPU) is faster in terms of operation
performance, thus can accomodate more functions than the 2000.
3. The Digitize System 3000 has the capability of receiving by the use of 2 dedicated
lease line signalling, multiple formats, including: direct reverse polarity DC voltage,
audio tone FSK - used with fiber optic cable-- grade AA pseudo random high security
signalling - typically used by banks, multiplexing data on Simplex or Duplex dedicated
lines, telegraph box signalling typically on a 10 ma to 100 ma DC circuit. Additional
receiving technology presently available include: end -of -line dedicated line. ISO
dressable, multiple points on a single pair of wire, long range radio (polling) and
digital dialer.
4. The Digitize 2000 utizes a stand alone Ademco brand digital receiver. In the simplest
term, a business alarm system telephone a number dedicated exclusive to this system.
These two units exchange alarm information whichis interpreted by the Digitize as an
alarm signal and displayed in format consistent with programming. Operating personnel
follow the displayed information on the Digitize screen. The first line of information,
including date b time, is recorded on a contained printer tape. This signalling
technology is widely used and is cost effective and reliable. The new Digitize 3000
utilizes a self contained receiver and offers several programs including: (1) Presently
the program requires that the business name, address, phone, callout (s) , device in
alarm etc. be repeated for each account and zone utilizing excessive memory. The 3000
allows programming for a single business name, address, phone etc, and links the
respective transmitted zones as an alarm signal to this account, such resulting in a
considerable savings on memory and cost as well as providing operating personnel
highly accurate and specific information. An optional, but desirable additional feature
is known as negative dialer. Alarm systems at a customers place of business typically
are programmed to send in a once - a - day test signal indicating that all is normal.
Dispatch must presently acknowledge this avid manually clear - a distraction, takes
time, and can raise questions with new personnel. Negative dialer simply stores in a
buffer file all this once - a - day test if within the program parameters nothing
happens. If there is a failure to report, dispatch is alerted in a file same time
every day. (2) Presently with the 2000, if you have a run - a - way account which goes
in and out of alarm. you must take out of service each zone separately. With the 3000
one can take out of service with one simple operation the entire account or as an
individual zone if desired.
5. Highlights of the 3000 Digitize System.
a. System is UL -FM California state fire marshal listed.
b. Large bold self contained printer - 20 columns per line, 2 lines per second, ASCII
english, typically 1500 events per roll. Follow the first line of text on the
readout display, account number, time date and action.
Page 1 of 3
con t .
l
c. Display is neon orange, brightness of 3Oft/lumen, 4 lines 16 char/line - 96
character, ASKII english.
d. Self contained 32 membrane pushbutton switches on front panel.
e. Size: 6.97"H x 19;0"W x 15.5"D, 21.38 weight, 110vac 6Ocps 50 watt max.Fused
operating temperature: 32-120°F, humidity 0-95% non condensing.
f. Basic system contains plug in boards including: power supply, display/keyboard,
CPU, EEPROM, printer/keyboard, I/0, zone controller and digital dialer.
g. Three levels of pass code protection for programming, eight levels of priority
messages. Infinite configuration of audible sounds for incomming signals - example:
intrusion -holdup -trouble -secure etc all can have their own distinct count to alert
dispatch as to their priority!
h. Standard digital dialer formats include: Franklin-Sesloa-Radionics, Hex, 3-1, 3-1
extended, 4-1. 4-1 extended, Lo -Speed 10PPS (Ademco) Hi -Speed 20 or 37 PPS. Optional
software can include Radionics Modem II. Lodi to continue providing the dedicated
type 1MB telco line to this receiver.
i. This system will be supplied, configured to receive a meximum of 512 direct wire
accounts. Expansion capability in multiples of 32. If it were ever necessary to
expand beyond 512, one simply purchases an additional zone controller plug in card.
The maximum hard wire points is 2048. Each reverse polarity card (which you have in
the basement) will monitor to 32 lines (accounts -customers -businesses). Required
DC current is .002 to.75O ampere. All inputs are optically isolated from surges
and transients. Normal current OK. Reverse current alarm condition, no current
trouble condition.
J. Typical life expectancy: 5-7 years as an example the display has an expectancy of
plus 100,000 hours of mean time between failure specification.
k. Supplied with complete technical manuals, on site training of dispatchers, 24 hour
telephone information and all factory resources.
1. All necessary on site customer programming and conversion from the old system to
the new.
m. The complete system is designed for continuious uninterupted units when operated
within design specifications.
6. Our proposal includes the new following devices.
a. Digitize System 3000 UL with programmer and manual.
810,463.00
b. Digitize additional memory 600 screens.
600.00
c. Digitize additional thermal paper - case 50 rolls.
175.00
d. Direct wire option with zone controller board.
815.00
e. Digital dialer program.
750.00
f. Digital dialer receiver.
1,895.00
g. Standby power supply/batteries
750.00
815,448.00
7.75% Tax
1,197.22
Freight
150.00
Installation -Training -Warranty
3,400.00
(Training limited to 2 two hour
820.195.22
sessions).
7. Warranty: 1 year from completion, including all parts, material and software as supplied
by Associated Electronics.
8. Associated is an authorized factory distrubutor for the Digitize product
in excess of
twelve years. and maintains and extensive stock of units -boards- software -parts to
completely service this system at all times.
Page 2 of 3
con *,t
Recent jnstallations which a ,,similar to the proposed system 7"N.nfiguration include:
City of Livbrmore - contact Ar6nond Mulder 510-373-5330, City Pleasanton - Joyce
Halley' 510-484-8273, Cypress Semiconductor - Chris Field 408-943-2928. Work in progress:
Sacramento school district - Frank Evpak 916-553-4075. Additional installations have
included hospitals, government installations, universities, industrial plants.
10. Options we feel are beneficial:
a. Negative dialer program - for automatic testing of customers systems. $ 985.00
b. Remote line printer program. This will allow one to print all account
data contained within the memory of this system, or provide printout
of all current system activity - very useful tool - less printer, however
any serial printer will work. $1200.00
11. The existing Digitize system and this proposed system are centered around the monitoring
of burglar-holup type alarms, however the majority of Digitize systems involve fire
monitoring. With UL -California state fire marshal approved fire transmitters, this
system can adequately monitor any local fire alarm system. Digitize and a company
called ABM have developed software which can fully automate this system or serial
into your own CAD system.
12. Reference paragraph 9 - Maintenance:
Associated proposes to provide the required personnel for repairs on the Diditize
System 3000 serial f receiving system.
Associated maintains an adequate stock of all parts, boards, components and software
to effect all repairs in a timely manner. Boards typically will be exhanged and factory
repaired with actual billing to follow. Standard Digitize markup will apply.Typical
time frame for repairs - 2 to 4 hours response.
Standard Digitize warranty on all boards - 1 year. Warranty is based upon normal and
intended use. Such is excluded in the event of damage resulting from misuse, repair
attempts by anyone other than authorized Associated personnel, acts of God and or other
events beyond the control of Associated. Labor repair warranty on actual repair - 30
days.
Cost per hour - portal to portal:
Normal business hour/day (M -F 8:30 to 5:30) $75.00 per hour.
After hours/holidays/weekends $150.00 per hour.
Initial one year annual contract to provide all labor only.Includes semi annual
checkout - cleaning of system - voltage adjustments etc - new personnel training
at this time if desired.
Annual cost: $3200.00.
Payment terms: Net 30, payable quarterly in advance.
Joh W. Skipper L/"
Se or Supervisory Tech i
Page 3 Of 3
L O D I P O L I C E D E P A R T M E N T
M e m o r a n d u m
To: Larry Hansen
Chief of Police
From: Captain James Schick
Date: March 7, 1994
Subject: ALARM MONITORING SYSTEM
This memorandum will summarize the results of my research on
replacement of the current Lodi Police Department alarm monitoring
system.
Per instructions of the Lodi City Council, requests for performance
(RFP's) were solicited for a new alarm system. Twenty-six notices
were mailed out to potential vendors. On December 1, Kirk Evans and
I conducted an informational meeting and communications walk-through
with potential vendors to discuss questions and expectations in
providing a replacement alarm system. Approximately twelve vendors
attended. Pursuant to the bid specifications, the proposals were
opened on January 7, 1994, by Mr. Joel Harris of the City of Lodi
Purchasing Department. Only two proposals were received within the
required time period. The two entities submitting proposals were
California Security Alarms of San Mateo (:16,500.00) and Associated
Electronics of Livermore ($20,195.22).
The proposals received reflect the initial purchase cost and one
year maintenance warranty on a new alarm system. In this memorandum
I will address the following additional considerations:
1. Total eysteni operating costs over a five year period.
2. Annual cost for subscribers.
3. Associated factors, which include the impact on police and City
personnel and resources to operate an alarm system.
4. Evaluation of proposed replacement systems.
5. Evaluation of subscribers.
6. Liability issues.
March 7, 1994
Page 2
�,
TOTAL SYSTEM COSTS:
3
There are three fixed costs -to initiating a new system:
1. Initial purchase price of the system.
2. 2nd thru 5th year maintenance contract.
3. Fees for connections or system information updates.
When the City Council directed that a replacement alarm system be
researched they indicated that the total cost of a new system would
be borne by the subscribers. I have compiled the costs to purchase
and warranty a system over a five year period. Pro -rating the total
costs over a five year period will be equitable for the system
subscribers. It would be inappropriate for the subscribers to fund
this project in a shorter time period.
The alarm system purchase prices submitted include installation,
training of personnel, transfer of all alarms from the existing
system, and first year warranty.
An extended maintenance contract on a new system is imperative.
Without a maintenance contract the City could ultimately end up
paying much more than the warranty cost to keep a system operating.
Five years is a conservative estimate on the life of a new system
and both bidders will provide maintenance contracts for that
duration (refer attachments). The system can be evaluated at the
end of five years to determine if it should be replaced or the
maintenance contract extended.
Periodically subscribers upgrade equipment, change alarm companies
and contact persons. All changes made by subscribers must be
reported immediately so the necessary updates can be made to the
alarm system and police records. Without current information,
officers will not be able to respond properly or safely. It is
imperative that subscribers submit a list of contact persons with
their annual alarm renewal. This information will be compared with
the previous data to insure all information such as locations and
types of alarms and contact persons is current and accurate. Police
staff will update the information in the City computer system and
the alarm vendor will update the alarm system. The amount of work
will vary from year to year depending on how many changes are
necessary. Both alarm bidders charge $75.00 charge per hour for
labor, including travel time. I estimate these changes will require
a minimum eight hours (;600.00) annually. This cost must be
included in the total cost of a new system. If we attempt to have
individual subscribers pay for changes, they would cease to inform
us, and in a relatively short period of time our information would
be inaccurate. This type of work is part of the cost of doing
business as an alarm system provider and is essential to maintaining
accurate information.
March 7, 1994
Page 3
ANNUAL COST FOR SUBSCRISERS:
The total five year costs of each submitted replacement system are:
Associated Electronics:
Purchase price: $20,195.22
2nd thru 5th year maintenance
@ $2,505. per year X 4 years: $10,020.00
Annual Subscriber Verification
@ $600.00 per year X 5 years: = 3,000.00
Total: $33,215.22
California Security Systems:
Purchase price: $16,500.00
2nd thru 5th year maintenance: $ 3,828.83
Annual Subscriber Verification
@ $600.00 per year X 5 years: $ 3,000.00
Total: $23,328.83
In order to approximate the how much to charge subscribers to fund
purchasing a replacement alarm system, I divided the above figures
over a five year period. I then divided that figure by 50, 75, and
100 subscribers to arrive at an annual cost per subscriber:
Associated Electronics total system cost: $33,215.22
50 subscribers: $132.86 per year
75 subscribers: 88.57 per year
100 subscribers: 66.43 per year
California Electronics total system cost: $23,328.83
50 subscribers:
75 subscribers:
100 subscribers:
ASSOCIATED FACTORS:
$ 93.31 per year
62.21 per year
46.65 per year
There are several associated costs with maintaining an alarm system
which require staff time and City resources. Prior to reviewing
this matter, system users were charged a $60.00 annual fee to
compensate the City for administrative operating expenses. This fee
was suspended until a resolution is reached on a new system. It is
the Police Department's recommendation this fee be reinstated at
$100.00 per year.
March 7, 1994
Page 4
1
one associated factor is false alarms. No matter how modern or
efficient the alarm monitoring.eystem, most false alarms are due to
human error. Many private alarm services have agreements to provide
a call-back to the subscriber when there is an activation. This
notification prevents many false alarms being reported to the
police. With an in-house alarm system this is not feasible. All
activations on a police system must generate a response. I
anticipate an increase in false alarms which will place additional
demands on dispatchers and police officers.
Many businesses fail to notify the police department of changes in
responsible parties. Dispatch frequently spends inordinate amounts
of time attempting to contact the proper persons. I recommend the
manditory annual filing of an emergency contact list for each
subscriber. The contact list would be submitted with the annual
alarm renewal fee and will contain the name, telephone number, and
home address of three contact persons. All of this information must
be entered into the police department's computer information system
and will require substantial staff time to review and verify
annually, but it is essential information.
All private alarm companies have redundant alarm systems. This
means they actually have two alarm monitors. Since the proposed
City alarm systems are not redundant, the subscribers must be
monitored by private alarm companies to insure security. Without
redundancy, liability is a concern. The matter of concurrent
private alarm company monitoring was negotiated and agreed upon with
business owners interested in this system. I recommend it be the
responsibility of the private alarm company to contact a responsible
party upon an alarm activation.
If a new alarm system is purchased, some subscribers may require
minor modification of their equipment. Both vendors stated their
systems could be connected without major changes. I recommend each
subscriber absorb the costs incurred in connecting to the new
system. I also recommend that the City contract with the successful
vendor to make all future connections and disconnections to the
system. A service call is necessary to do a connection or
disconnection and the minimum charge is $75.00. Based on both
vendors' hourly labor rates, I recommend a fee of $75.00 to connect
and ;75.00 to disconnect. New subscribers will post both fees upon
connection to the system. Collecting the disconnect fee "up front"
will save the city from absorbing that cost should a subscriber sell
or go out of business. Current subscribers would be required to
post the disconnection fee only. Failure to have the successful
vender do all system changes will result in the following
complications:
1. Compromise of department security.
2. Possible inadvertent damage to the system or other City
equipment due to lack of knowledge about the system.
3. Allowing unauthorized personnel to work on the
system will void equipment warranties.
61
March 7, 1994
Page 5
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The City Finance department will also incur costs to support an
alarm system. They will have to develop billing forms for
connection and disconnection, and collection of annual fees. Other
costs will include labor for data entry, accounting, billing, and
postage for billing and annual renewal notices.
EVALUATION OF REPLACEMENT SYSTEMS:
The two proposed replacement systems are the KELTRON DMP704
(California Security Alarms) and the DIGITIZE 3000 (Associated
Electronics Co). Both systems are self-contained rack mounted
units. They provide hard copies of alarm activation information and
are capable of monitoring both digital communications and reverse
polarity. Both are also capable of identifying multiple areas
(zones) within an individual account. Each bidder submitted a list
of references with their proposals. Site visits were conducted at
four police departments: Livermore and Pleasanton have the Digitize
system. Palo Alto and Mountain View have the Keltron system. It
appears these two systems are comparable. Each City expressed
satisfaction with their system and the respective vendors. Palo
Alto monitors only City alarms and Mountain View has only four
private subscribers which they are eliminating thru attrition.
EVALUATION OF SUBSCRIBERS:
Another important area of consideration is the type of subscribers
that will be allowed to be connected. This decision varies widely
from city to city. Most cities with alarm systems do not allow
residential connections. Some only allow "high risk" businesses
(financial institutions, jewelry stores, coin or pawn shops), and
many only monitor city alarms. It is my recommendation the City of
Lodi limit participation to commercial establishments and City of
Lodi alarms.
LIABILITY ISSUES:
I requested City Attorney Bob McNatt research the potential City
liability regarding alarm systems. It is possible that by
maintaining an alarm monitoring system the City establishes a
"Special Relationship" which creates vicarious liability. Mr.
McNatt's response (attached) explains court interpretations of
"Special Relationship". It is his recommendation that the City
obtain a "hold harmless agreement" from each alarm subscriber if the
City continues to monitor alarms.
March 7, 1994
Page 6
SUMMARY:
If the City Council elects to continue to monitor silent alarms it
is the recommendation of the Police Department that a replacement
alarm system be purchased from the low bidder, California Security
Systems. IT IS ALSO OUR RECOMMENDATION THAT THE CITY OF LODI NOT
PURCHASE A REPLACEMENT SYSTEM UNTIL A MINIMUM OF 50 SUBSCRIBERS ARE
COMMITTED.
Based upon our recommendatic,ns the annual City reimbursement costs
to 50 individual subscribers will be:
city Administrative Fee: $100.00
Alarm System Funding Fees 93.31
Total: $193.31
Respectfully submitted,
Captain J eg Schick
Commander
Support Services Division
attachments
CITY OF LODI
MEMORANDUM FROM THE OFFICE OF THE CITY ATTORNEY
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To: Lieutenant Jim Schick, Lodi Police Department
From: Bob McNatt, City Attorney
Date: January 30, 1992
Subject: ALARM SYSTEM LIABILITY
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I have now had a chance to do a bit of research on the questions you asked
about the possibility of a "special relationship" between the City and
subscribers to the alarm system maintained by the Police Department.
Although case and statute law guidelines are not perfectly, clear, it
appears that in some circumstances, the City might be liable to alarm
subscribers for damage or injury caused by third parties.
As a starting point, public entities are generally immune from liability
for failure to provide police protection (Government Code Section 845), or
failure to make an arrest (Government Code Section 846). There is also a
fair number of cases affirming that general rule, such as Antique
Corp. v. Cit of Torrence (1974) 114 Cal. Rptr. 332; Van Batsch v.American
District Telegraph Co_. 985) 222 Cal. Rptr. 239; and Lopez v. -City of San
tego 5 Cal. Rptr. 583.
However, all these cases have been careful to say that no liability is
involved if no "special relationship" exists. The Lopez court also pointed
out that circumstances giving rise to such liability should be "narrowly
circumscribed." I believe that creates a rebuttable presumption in our
favor.
Some situations, however, have resulted in "special relationship"
liability. In Carpenter v. Cit of Los Angeles (1991) 281 Cal. Rptr. 500,
the court found the City liable based on a duty to warn a witness of a
robber's alleged plan to kill him after detectives assured the victim that
there was "no real danger" and he relied on that assurance. It is a little
hard for me to distinguish between the Carpenter case and M. B. (Jane Doe)
v. Cit of San Diego (1991) 284 Cal. Rptr. 555 in which the court foun- no
liability after po ice assured a victim of a burglary that "These guys
never come back." The suspect did, in fact, return and raped the victim
after police became aware of his threats to do so. This is why I said that
the guidelines are not exactly clear. I suspect the difference between
these two cases was simply a factual finding by the jury with more
compelling evidence in Carpenter than in M. B. showing that police actions
somehow placed the victim at greater risk.
The best I can find as far as a test to see if a "special relationship"
exists is in the M. B. v. San Diego case. The court here said a special
PDALARM2/TXTA.01V
relationship is formed between police and either the victim or the third
party i f :
1. Police have made specific promises to do something
to protect the victim and then failed; or
2. Police action created or increased a peril by
affirmative acts; or
3. Police voluntarily undertook to aid an individual
and thereby lulled the victim into a false sense of
security to his detriment.
(M. B. v. San Diego at 557).
The factual question then becomes whether we have done so by agreeing to
monitor alarms and charging $60 a year. Although we can't be certain about
specific facts in individual cases, it seems at least possible a jury might
think that by taking the money and agreeing to monitor the alarms and
dispatch police, we might have lulled the subscribers into a false sense of
security if officers do not respond quickly enough. The liability could
extend as far as all damages, up to (I suppose) a worst case scenario
involving severe injuries or death. Experience has shown that if no other
potential sources of damage compensation are apparent, victims of violent
crimes tend to look to the governmental agency providing police protection.
If we are going to continue the alarm monitoring program, I strongly
recommend that we obtain from all subscribers a hold harmless agreement
disclaiming any special relationship status and advising the subscribers of
Government Code Sections 845 and 846. I believe that would put us in a
better position. Of course, the decision on whether the City should
monitor alarms at all is a policy question for the Police Department and
City Council.
BOB McNATT
City Attorney
BM: vc
--------------------
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PDALARM2/TXTA.OIV
D
ASSOCIATED
233 JUNCTION AVE.
February 25, 1994
ELECTRONICS C0MPANY
LIVIRMORE, CALIFORNIA 94330 ( S 10 )447-1224
REFERENCE: City of Lodi alarm system monitoring system. specifications
PO -9301.
The following constitutes an attachment to our proposal dated 1/5/94 and
is submitted per your request.
1. Reference our proposal, page 2 paragraph 7 Warranty amend to read:
Warranty-: One year commencing with date of system completion. Includes
all parts, materials, software, thermal paper, labor and travel req-
uired and necessary for the normal operation of the system. This applies
to the warranty term.
2. Extended warranty: Commencing with the secoz,3 year and ending at the end
of the fifth year it includes the same items as setforth in paragraph
one, above.
Annual cost, payable annually in advance Net 30 Days S 2,505.00
Extended warranty is subject to the following.
It is subject to a 108 increase or an increase derived from the U.S.
comsumer price index prevailing at the beginning of years 2, 31 4 and
5 whichever is the greater.
it may be cancelled by either party to concur with the commencement of
years 2, 3, 4 and 5 by either party providing to the other 30 days adv-
ance notice in writing.
GENERAL INFORMATION
The above provides a five year all exclusive service -maintenance contract
it is based upon the normal and intended use of the system, that no one
other than authori2ed personnel of Associated will be permitted access to
the system and that Associated will not be responsible for any conditions
or occurrences over which it does not exercise control.
Programming of new alarm systems and or the changing of information for
existing aia-m systems on a one time Monthly iasis. .
J L.
Skipper
PAGE 2 OF 2
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1004 S. CLARIMONT
=BAN MOM 1GA.
9"04 193$I.-,-.
x•(415) 342420D
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TRUCKEB,CA
+ 96166;1061
.... (916) 587.,6278
Consumer-Aflaira
Lic.# ACO 42
Contractors
Lich 637103
TIE 23:21 I L: CAt_ I F. SECURITY TEL NO: 415 574-0308 11289 Pavel
LA
SECURITY LARMS
Post -It ' hr,uul lax Iransnalial n vino 7671 • olpaves
From ,
Torch 1, 1994
City 01 1,(X i Dept � �• /c, r pnone•
Police IX-partment c(�1
Faa..
230 hest 13n, Street ( -- 7 Cf�'s ' :�3 i - , ;`37
Jodi, Ca. 95240 .
;Attention: Captain James Schick
):e : :1ciclendu i for Ui11 proposal - Four Specification O Pit 9301
Dear Captain Schick,
Here is the additional infannation you requested regarding
adding; a seconJ through five year Option to retain CSM
services for maintaining proposed system:
1111T'd Year $907.50
Yourttt Year $995.25
fifth Year 51,098.08
These service rates would be to specifications outlined
in grid packap.c. `econcl ycar rata alrendy quoted at $825.011
dol 1ATS.
Thank you for the oppvrttill! IN. to he of service. If 1 can
be any further of assistanc:•, please do not hcsitatc to
v 11'e 111(' 1 Ci11 1 .
Sincerely,
Vincent A. DL') r:icsc
General -L-jnagv1
1% (,At IF 011NIA CORPORATION