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} <br /> LETTER AGREEMENT <br /> This Letter Agreement is made and entered into by and between the CITY OF LA <br /> PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA <br /> PORTE" and the (Company Name) ‘lZ�,F. /t, ;5b S 772-4,d-- , a private <br /> industrial operation and/or business located within the Battleground Industrial District of Harris <br /> County, Texas hereinafter referred to as "COMPANY", <br /> COMPANY is in need of emergency medical services for the benefit of the people and <br /> property located at COMPANY'S facility or facilities within the Battleground Industrial District. <br /> The City of La Porte has expressed its willingness to provide such emergency medical services <br /> to COMPANY, upon the terms, conditions, and covenants described as follows: <br /> 1) It is hereby agreed that for and during the year beginning on the 1st day of October, <br /> 2008, and ending on the 30th day of September, 2009, LA PORTE will furnish to COMPANY <br /> emergency medical services consisting of ambulance / EMT-P response and assistance, and <br /> transportation to hospitals, as necessary. <br /> 2) LA PORTE shall transport patients to one of the nearest hospitals that provides <br /> emergency services as defined by the "Transport Policy" of the City of La Porte Emergency <br /> Medical Services, a copy of which is available at the LA PORTE EMS Headquarters. LA <br /> PORTE shall be permitted to charge, to each patient, its most current and customary Emergency <br /> Medical Service charges as adopted by City Council, and codified in the La Porte Code of <br /> Ordinances Chapter 30, Appendix A. <br /> 3) For and in consideration of the governmental services to be provided by LA PORTE <br /> under this letter agreement, COMPANY agrees to pay LA PORTE the annual sum listed on the <br /> completed ambulance service invoice, which will be forwarded to COMPANY. The annual fee <br /> to be assessed on the ambulance service invoice shall be based on a $20.19 per person fee, and <br /> shall be paid in full by the facility or business to LA PORTE, on or before the 1st day of <br /> October, 2008. <br /> 4) COMPANY agrees that the cost of the services provided under this agreement shall be <br /> based on an Average Daily Population ("ADP") of personnel working at the COMPANY, and <br /> will be subject to an annual cost adjustment. The formula for cost of adjustment under this <br /> agreement shall be calculated by multiplying the negotiated per person fee by the negotiated <br /> ADP for the agreement year, and shall be subject to review and adjustment annually, <br /> commencing October 1, 2009. <br /> 5) A COMPANY which is in default of its payments to LA PORTE hereunder, shall be <br /> subject to a "Non-Member Fee" of Fifteen Hundred Dollars ($1500.00) per EMS response as <br /> provided in LA PORTE's Emergency Medical Service Fee Ordinance, codified in the La Porte <br /> Code of Ordinances Chapter 30, Appendix A. LA PORTE will forward an invoice to <br /> COMPANY within 30 days after the rendering of any service to which the "Non-Member Fee" <br /> applies. <br /> 6) Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, <br /> or his duly authorized assistants, as to the personnel and equipment that will answer each <br /> emergency medical services request, provided, emergency medical services protection will be <br /> adequate (meaning reasonable protection, considering available personnel and equipment of LA <br />