O-2009-3188 POHA/supplemental fire protection at Barbours Cut Facility

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CONTRACT ST ATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: This Contract made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE" and the PORT OF HOUSTON AUTHORITY, a body politic of Harris County, Texas hereinafter referred to as "PORT'. WITNESSETH: WHEREAS, PORT is in need of certain governmental services for the benefit of the people and property at its Barbour's Cut Terminal; and WHEREAS, LA PORTE is able and willing to provide said governmental services to PORT, upon the terms, conditions, and covenants herein contained; NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both parties, it is hereby agreed as follows; I. For and during the year beginning on the 1st day of November 2009, and ending on the 31st day of October 2010, LA PORTE agrees to furnish to PORT, the secondary fire suppression services hereinafter more specifically described. This Contract shall remain in effect after October 31,2010 until canceled by either party hereto giving ninety (90) days written notice to the other party hereto. II. For and in consideration of the governmental services to be provided by LA PORTE, PORT agrees to pay LA PORTE eleven monthly payments in the sum of ONE THOUSAND TWO HUNDRED SIXTY AND 01/100 DOLLARS ($1260.01) and one final payment of ONE THOUSAND TWO HUNDRED SIXTY AND 03/100 DOLLARS ($1260.03). Such charges are to be paid in full by PORT to LA PORTE, on or before the tenth day of the month following the month in which such services are rendered. The total amount of the contract is not to exceed the amount of FIFTEEN THOUSAND ONE HUNDRED TWENTY AND 14/100 DOLLARS ($15,120.14). ANNUAL COST OF CONTRACT ADmSTMENT - The cost of the contract shall be based on an Average Daily Population ("ADP") of personnel working at Barbours Cut Terminal. The cost of contract adjustment shall be calculated by multiplying the negotiated per person fee by the negotiated ADP for the contract year, and shall be subject to review and adjustment annually, commencing November 1, 2010.