2009-08-24 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council minutes

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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. B. La Porte shall provide the Contractor with CAD Records, appeals records and other alarm incident information in accordance with the terms of a mutually-agreed implementation plan and in a mutually-agreed format, as necessary and proper, to allow the Contractor to effectively provide the services needed to enforce the Alarm Ordinance. 15. La Porte Alarm Administrator. To facilitate effective communication between La Porte and the Contractor, and in accordance with the Alarm Ordinance, La Porte shall designate an Alarm Administrator. The Alarm Administrator shall have the power and authority to make decisions relating to the AMS Services. A secondary Alarm Administrator will also be designated to act on behalf ofthe Alarm Administrator when the primary Alarm Administrator is unavailable. The Alarm Administrators shall be designated by the Chief of Police. 16. Resolution of Disputes. A. Mediation. In the event of a dispute between the parties concerning any matter arising under this Contract, the parties shall proceed to good-faith mediation of the dispute. The mediation venue shall be La Porte, Texas. The cost of mediation shall be shared equally. 17. Termination. A. By La Porte. La Porte may terminate this Contract for any reason and at any time by giving at least ninety (90) days written notice to the Contractor of such termination and specifying the effective date thereof. Ifthe Contract is terminated by La Porte, the Contractor will be paid for any services already performed. The Contractor shall be liable to La Porte for any damages sustained by La Porte by virtue of any breach of the Contract by the Contractor. In addition, to other remedies it may have in law or equity, La Porte may withhold payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due La Porte from the Contractor is determined. B. Termination Within First Two Years. If this Contract is terminated by La Porte during the first two years, for any reason other than breach by the Contractor, the Contractor shall be entitled to receive its initial startup costs as specified in Attachment 8, in addition to any AMS Services fees owed the Contractor as described in Paragraph 18 - Rights upon Termination. C. By the Contractor for Cause. If La Porte substantially changes the Alarm Ordinance by reducing or eliminating the tiered system of false alarm penalty fees collected through its administrative process, the Contractor shall provide thirty (30) days prior written notice that false alarm fee collections have not been made in accordance with this Contract. If enforcement procedures and/or collection obligations are not changed to the reasonable satisfaction of the Contractor, the Contractor may terminate this Contract after a further thirty (30) day written notice to La Porte. 18. Rights upon Termination.