10-10-11 Regular Meeting of La Porte City Council

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LETTER AGREEMENT This Letter Agreement is 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 (Company Name) , a private industrial operation and /or business located within the Battleground Industrial District of Harris County, Texas hereinafter referred to as "COMPANY ", COMPANY is in need of emergency medical services for the benefit of the people and property located at COMPANY'S facility or facilities within the Battleground Industrial District. The City of La Porte has expressed its willingness to provide such emergency medical services to COMPANY, upon the terms, conditions, and covenants described as follows: 1) It is hereby agreed that for and during the year beginning on the 1 st day of October, 2011, and ending on the 30 day of September, 2014, LA PORTE will furnish to COMPANY emergency medical services consisting of ambulance / EMT -P response and assistance, and transportation to hospitals, as necessary. 2) LA PORTE shall transport patients to one of the nearest hospitals that provides emergency services as defined by the "Transport Policy" of the City of La Porte Emergency Medical Services, a copy of which is available at the LA PORTE EMS Headquarters. LA PORTE shall be permitted to charge, to each patient, its most current and customary Emergency Medical Service charges as adopted by City Council, and codified in the La Porte Code of Ordinances Chapter 30, Appendix A. 3) For and in consideration of the governmental services to be provided by LA PORTE under this letter agreement, COMPANY agrees to pay LA PORTE the annual sum listed on the completed ambulance service invoice, which will be forwarded to COMPANY. The annual fee to be assessed on the ambulance service invoice shall be based on a $26.86 per person fee, and shall be paid in full by the facility or business to LA PORTE, on or before the 1st day of January, 2011. 4) COMPANY agrees that the cost of the services provided under this agreement shall be based on an Average Daily Population ( "ADP ") of personnel working at the COMPANY, and will be subject to an annual cost adjustment. The formula for cost of services under this agreement shall be calculated by multiplying the negotiated per person fee by the negotiated ADP for the agreement year, and shall be subject to review and adjustment annually, based on changes to ADP, commencing October 1, 2011. 5) A COMPANY which is in default of its payments to LA PORTE hereunder, shall be subject to a "Non- Member Fee" of Fifteen Hundred Dollars ($1500.00) per EMS response as provided in LA PORTE's Emergency Medical Service Fee Ordinance, codified in the La Porte Code of Ordinances Chapter 30, Appendix A. LA PORTE will forward an invoice to COMPANY within 30 days after the rendering of any service to which the "Non- Member Fee" applies. 6) Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, or his duly authorized assistants, as to the personnel and equipment that will answer each emergency medical services request, provided, emergency medical services protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA