Town of Westfield, NJ Article III Alarm Panel

§ 15-8 Alarm panel license.

[G.O. No. 1315, § 1]

(a) There is hereby established an alarm panel license, which shall be granted upon recommendation of the Town Council in accordance with Section 15-9.

(b) Except for use by the Westfield Police Department, the licensee shall have exclusive use and control of the alarm panel in the communications console in the police headquarters as provided in the specifications for the alarm panel. The licensee shall be responsible, at no cost to the Town of Westfield, for the furnishing, installing, operating and maintaining of the alarm panel which shall contain the equipment approved by the Town Council. The licensee shall, at no cost to the Town, locate said panel and, if necessary, relocate said panel, under the supervision of the chief of the Police Department or his designee.

§ 15-9 Alarm panel license; procedures and requirements for issuance.

[G.O. No. 1315, § 1]

(a) Specifications. The Chief of Police shall prepare written specifications covering the alarm panel.

(b) Qualifications. Persons desiring to bid for said license shall complete and submit the qualifications questionnaire attached to the bid proposal. Proposals that are not accompanied by a completed qualifications questionnaire shall be rejected. The questionnaire shall include the following information concerning the bidder's ability to comply with the requirements of this chapter and the "Local Public Contracts Law":

(1) Financial and personal references;

(2) The location of the bidder's office or service facility in the Town or at a location nearby which will permit the licensee or his representative to reach the Police Department with service personnel in less than one-hour after notification by the Police Department;

(3) The personnel available to service said equipment on a twenty-four-hour basis; and

(4) A list of the equipment conforming to the bid specifications.

(c) Advertisement for bids. Upon adoption of this chapter and thereafter when any existing license is about to expire the Town Council shall authorize the Town Clerk to publish an advertisement inviting sealed proposals for the installation, operation, and maintenance of the alarm panel in accordance with the provisions of this chapter and of the specifications.

(d) Submission of proposals. The proposals shall be in the form prescribed by the specifications and shall include, but not be limited to the following:

(1) A description of the alarm panel to be installed.

(2) A guaranty that the licensee will complete the installation and have it in working order on or before the date stated in the specifications.

(3) A deposit of $10,000 in cash or by certified or cashier's check or by approved bid bond to guarantee installation in good working order within the specified time, or in default thereof, to reimburse the Town for damages incurred, including expense of maintenance of any temporary alarm system the Town deems necessary.

(4) A certificate of consent of a surety company licensed to transact business in the State of New Jersey, to issue a $10,000 non-cancellable performance bond to guarantee performance of the contract by the successful bidder during the term of the license.

(5) A certificate by an insurance company licensed to transact business in the State of New Jersey agreeing to issue an annual non-cancellable comprehensive general liability insurance policy (including contractual and product liability) in the minimum amount of $300,000 per person and $500,000 per occurrence for bodily injury and $100,000 for property damage.

(6) The amounts to be charged to permittees, but not in excess of an installation fee of $100 nor in excess of a monthly maintenance fee of $12 (the exact amounts to be determined through competitive bidding), except, however, that no fee shall be charged to the Town of Westfield or the board of education of Westfield for installation or monthly maintenance charges for any existing or future systems in public buildings and the sewer pumping stations and other public places, and provided further that any alarm systems or warning devices installed by the alarm panel licensee in such public buildings and places shall be at wholesale cost exclusive of labor charges.

(e) Award of license. The Town Council reserves the right to reject any and all bids, to waive informalities and technical defects therein and to award a license and contract to the person whose bid is most advantageous to both the permittees and the Town of Westfield.

(f) Remittance to Town. The contract shall provide that the licensee shall remit to the Town of Westfield annually, not later than the ninetieth-day after the anniversary date of the execution of the original contract, a sum equivalent to 15% of the gross revenues payable to the licensee by permittees in the Town of Westfield (inclusive of the amounts, if any, payable to the licensee for business conducted as a permittee). The contract shall further provide that the books and accounts of the licensee shall be open to inspection by the Town Treasurer or Town auditor or other duly designated representatives of the Town for the purpose of verifying the amount due to the Town under this provision.

(g) Term of license. The licensee's obligation to maintain and operate the alarm panel shall continue until the expiration date or earlier termination of the license at which time the licensee shall cooperate in the transfer of the operation to the successor licensee so that there will be no interruption in the protection of the permittees. Except for prior revocation on 60 days' written notice by the police chief in the event of default by the licensee or in the event the Town cancels the license as provided herein, the term of the license shall be for a period of three years.

(h) Indemnification of Town. The licensee shall assume all liability and shall agree to indemnify and save harmless the Town of Westfield, its officers, agents and employees for or on account of any acts or omissions directly or indirectly related to the installation, operation or maintenance of the alarm panel.

(i) Disconnections from panel. The licensee shall notify the Chief of Police or his authorized representatives in writing 10 days prior to disconnecting any private alarm system from the alarm panel.

(j) Installation of annunciator panel. The licensee shall install an annunciator panel having a minimum of 999 zones, which panel shall be approved by the Underwriters Laboratories.

(k) Renewals of license. Renewals of the license or award of new licenses after expiration, revocation or cancellation shall be accomplished by following the procedure of this Section 15-9.

(l) Revocation and cancellation. The Chief of Police shall have the right to revoke the license of any licensee upon 60 days' written notice to said licensee if in his opinion the licensee has failed to operate or maintain the alarm panel in the best interest of the Town of Westfield or the permittees. Grounds for such revocation shall include but not be limited to the following: failure to properly maintain panel, failure to provide adequate service to panel, excessive breakdown or malfunction of panel, failure to install the panel within the time required in the specifications, failure to remit monies due the Town, insolvency, bankruptcy, excessive complaints from permittees about the panel operation, and, failure to provide continuing insurance coverage. The licensee shall have the right to contest such revocation in a hearing before the Town Council within 30 days of notice of such revocation, and the decision of the Town shall be final.

The Town Council shall have the power to cancel the licensee at any time by repealing the ordinance or by amending same to require a different type of alarm panel or alarm system.