HomeMy WebLinkAboutResolution 2007-004
RESOLUTION NO. 2007-004
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, THAT:
1.
The City Manager be, and is hereby authorized to execute the attached
agreement between the City of North Richland Hills and ATB Services Company, LLC
for the implementation and administration of North Richland Hill's alarm management
program.
PASSED AND APPROVED this 22nd day of January 2007.
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ILLS
By:
George A. tap es, City Attorney
DA~¿
e, Police Chief
Resolution No. 2007-004
Page 1 of 4
AGREEMENT FOR SERVICES
THIS AGREEMENT dated January 23, 2007 by and between ATB Services
Company, LLC (hereinafter referred to as "ATB Services" with principal offices located
at 3021 North Hancock, Suite 210, Colorado Springs, Colorado 80907, and the City of
North Richland Hills, Texas (hereinafter referred to as "North Richland Hills" located at
7301 N.E. Loop 820, North Richland Hills, Texas 76180
1. Engagement. North Richland Hills agrees to leverage Irving, Texas
contract with A TB Services dated December 11, 2006 for the same systems and
services for the implementation and administration of North Richland Hill's alarm
management program.
2. Term. The term of this Agreement shall commence on January 23, 2007
and shall expire on January 22, 2009. If written notice from North Richland Hills to A TB
Services terminating further services after the expiration of the Agreement is not
received by ATB Services at least (60) days prior to the expiration of this Agreement,
this Agreement shall automatically be renewed for a period of 2 years on the same
terms and conditions as set forth in this Agreement. The City of North Richland Hills
and A TB Services shall both have the right to terminate the contract within 90 days by
sending written notice to the other party as described in Section 6.
3. Expenses. A TB Services shall be solely responsible for all of its
expenses in performing its services under this Agreement.
4. Compensation. ATB Services will invoice North Richland Hills at the end
of each month for the agreed upon processing fees when registrations and fees are
collected. North Richland Hills will have payment terms of 30 days from the date of the
invoice to make payment. All invoices from ATB Services shall be accompanied by a
detailed statement, in a form acceptable to North Richland Hills, containing sufficient
information to identify the basis for the payment. A TB Services shall receive for
Services the following compensation in the following amounts, but only to the extent the
entire fee under the Ordinance has been collected by A TB Services:
Fee Schedule:
Paid Initial Registration for Residence or Business
17.50
$
Paid late fees and reinstatements
17.50
$
Paid Renewal Alarm Registrations for Businesses
17.50
$
Paid Renewal Registration for Residence
10.00
$
Resolution No. 2007-004
Page 2 of 4
Paid Senior Citizen Alarm Registrations
10.00
$
Paid False alarm dispatch fee (each dispatch)
30.00
$
All bank lock box and credit card fee charges will be paid by A TB Services and
these charges will be passed through to North Richland Hills at cost and be a line
item on A TB Services monthly invoice to the City of North Richland Hills.
5. Audit Rights. At any time during the term of this Agreement and for three
(3) years thereafter, during normal business hours of operation, City shall be entitled to
inspect the Contractor's books and records, customer accounts, and all papers relating
to the operation of the services set forth herein. City shall have the right to audit the
Contractor's records and any expense incurred by City in conducting an inspection or
audit shall be borne by City.
6. Bonding. ATB Services shall procure and maintain throughout the Term
of the Agreement and any renewal thereof a Fidelity Bond from a surety insurance
company licensed to do business in the State of Texas in an amount not less than
$10,000.00 per occurrence in a form and containing substantive provisions acceptable
to the North Richland Hills City Attorney.
7. Notices. Unless otherwise provided in this Agreement, all notices,
requests, demands and other communications under this Agreement shall be in writing
and shall be deemed to have been given 3 days after the day of mailing at any United
States Post Office by certified mail, return receipt requested, addressed to the party
stated below:
To ATB Services Company, LLC
3021 N. Hancock, Suite 210
Colorado Springs, Colorado 80907
To City of North Richland Hills
Chief of Police
North Richland Hills Police Department
7301 N.E. Loop 820
North Richland Hills, Texas 76180
Any notice of change of address shall only be effective when received.
8. Successors and assigns. This Agreement shall insure to the benefit of
and be binding upon A TB Services and the City of North Richland Hills, and their
successors and assigns.
Resolution No. 2007-004
Page 3 of 4
9. Applicable law. This Agreement shall be governed by the laws of the
State of Texas without giving effect to the principles of conflicts of law. All legal issues
shall be resolved by the courts of the State of Texas.
10. Other agreements. This Agreement contains all prior understandings
and agreements between the parties, and all such prior understandings and
agreements are hereby merged into this Agreement and shall not be used to contradict
any term of this Agreement. This Agreement may be amended only by a writing signed
by the parties hereto.
11. Non-waiver. Delay or failure by either party in exercising any right under
this Agreement shall not constitute a waiver of that or any other right.
12. Headings. Headings in this Agreement are for convenience only and
shall not be used to interpret or construe its provisions.
13. Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together shall
constitute one and the same instrument.
14. Confidentiality. The database of information of registered alarm users
and false alarms maintained by A TB Services shall remain at all times the property of
the City of North Richland Hills. ATB services shall not disclose any information
collected in connection with this agreement to anyone other than its employees. A TB
Services shall notify its employees who are given access to this information that they
have an obligation not to disclose or use this information except in the performance of
services under this contract. A TB Services shall use all reasonable security measures
to safeguard this information.
ATB Services Company, LLC
City of North Richland Hills, Texas
By:
Michael G. Zelesnik, Manager
By:
Larry J. Cunningham, City Manager
ATTEST:
By:
City Secretary
APPROVED AS TO FORM
By:
City Attorney
Resolution No. 2007-004
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