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HomeMy WebLinkAboutO-2001-2515 .. e e ORDINANCE NO. 2001-~/5' AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR EMERGENCY MEDICAL SERVICES, MAICING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. e ORDINANCE NO. 2001-~S/~ e PASSED AND APPROVED, this 24th day of September, 2001. ATTEST: ~a. .J{.au;-- Mar ha . Gillett city Secretary ~d Knox W. Askins City Attorney By: CITY OF LA PORTE 4i~../- N~rma L. Malone Mayor P~2 ff.lt+ fil-e. (l}o. 1r'- ..q e CONTRACT -' STATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT 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 pplitic 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. GENERAL PROVISIONS For and during the year beginning on the 1st day of October, 2001, and ending on the 30th day of September, 2003, LA PORTE agrees to furnish to PORT,'the emergency medical services hereinafter more specifically described. This agreement shall remain in effect after September 30, 2003 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 the monthly sum of Two Thousand DOlla~oo.OO) [Twenty Four Thousand Dollars ($24,000.00) annually]. JJ- Such t$ 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 were rendered. ANNUAL COST OF CONTRACT ADJUSTMENT - Beginning October 1, 2002 and in subsequent years thereafter, there shall be a cost of contract adjustment 9f the rates. ".?rfl ..It 7/0 I e e The annual cost of contract adjustment shall be calculated by multiplying the previous annual rate by a factor of the larger of 2.5 percent .(2.5%) or the Consumer Price Index - Urban (CPI-U) us'ing September 2001 as' the base. However, the annual rate increase' shall not exceed five percent (5%). III. LA PORTE agrees to provide emergency medical services at PORT's Barbour's Cut Terminal. LA PORTE shall transport patients to one of the nearest hospitals providing emergency services that is defined by the transport policy of the City of La Porte Emergency Medical Services. LA PORTE shall be permitted to charge, to each patient, its most current and customary Emergency Medical Service charges as adopted by City Council. IV. 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 PORTE's Emergency Medical ServicE;!s).and dispatch of personnel and equipment to provide emergency medical services within the corporate limits of the City of La Porte. V. COMPLIANCE WITH LAW AND ORDINANCES LA PORTE agrees to operate the ambulances in accordance with the, requirements of the State and Federal law, and applicable municipal or county ordinances, as the same now exists, ~nd as may be amended from time to time hereafter. VI. LIABILITY INSURANCE During the term of this Contract and any extension thereof, LA PORTE shall purchase and keep in full force and effect, public liability insurance on each of its ambulance units, and professional liability insurance (malpractice insurance) on each of its employees administering patient care, with minimum limits of ($100,000.00) for each single occurrence for injury to or destruction of property; ($100,OOO.00) for each person; " e e and ($300,000.00) for each accident. LA PORTE shall keep and maintain Workers' Compensation insurance on its employees. LA PORTE shall maintain collision and liability insurance on the ambulances, with at least maximum limits of $100,000.00) for' each single'occurrence for injury to or destruction of property; ($100,000.00) for each person; ($300,000.00) for each single occurrence for bodily injury or death; and uninsured and under-insured motorists coverage providing at least ($100,000.00) for each person, and ($300,000.00) for each single occurrence for bodily injury or death. Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess of liability limits established in the Texas Tort Claims Act, Section 101.001"et seq. of the Texas Civil Practice and Remedies Code', in cases where said Act is applicable. The City shall file certificates of insurance coverage with the PORT during the terms of this Contract and any extension thereof. On all said insurance policies, PORT shall be named as an additional insured. VII. REVOCATION OF CONTRACT Either the PORT or LA PORTE may cancel this Contract; without cause; after giving at least ninety (90) days written notice to the non-canceling party. Such notice shall be sent by LA PORTE to the PORT at P. O. Box 2562, Hou~ton, Texas 77252- 2562, Attention: Director of Protection Services. Such notice shall be sent by the PORT to LA PORTE at P. O. Box 1218, La Porte, Texas, 77572-1218, Attention: City Manager. VIII. TERM This contract shall become effective at 12:00 A.M. Central Time, on the 1st day of October, 2001, and shall remain in full force and effect until the 30th day of September, 2003, unless othelWise canceled as provided in paragraph VII above. This Contract is entered into subject to the Charter and Ordinances of the City of La Porte, and all applicable state and federal laws. IX. This Contract constitutes the entire agreement between the parties and supersedes all prior contemporaneous communications or agreements, written or oral. This Contract may be amended only by a written instrument signed by all parties. . I . . . . e e This contract shall be governed by and construed in accordance with the laws of the State of Texas. . . ~ EXECUTED IN DUPLICATE ORIGINALS, as of this the l()l. day of O:;fJJPEL ,2001. , CITY OF LA PORTE By:Q~ \. ~~ Robert T. Herrera, City Manager ATTEST: ~llLthdJ {J.g &N Marth Gillett, City Secretary PORT OF HOUSTON AUTHORITY OF HAR IS TV, TEXAS APPROVED AS TO FORM: APPROVED: ~j~ ItkhUJ-<{- Counsel ' ~L~ Protection Services Director FUNDS ARE AVAILABLE TO MEET THIS OBLlGA liON WHEN DUE: ~ ~un _ 10 2:. ~ PO.RT OF HOUSTON AUTHORITY P.O. BOX 2562 H9USTON, TEXAS n252 PHONE (713) 670-2460 *****.:t~**:t**:'''.r:t1r* Deliver -. 01/1.8/02 "***"'**.*1"*1"*'*"1"**** :lI1rH .unless otherwise specified by line item *Ui: Purchase Order CurrenC'i: ~rlited states Dollars City of LaPorte - Furnish Ambulance servic~~:~~~~&~~~. Cut Terminal at the an~;l:'~~05~t,.fP.t..~1~':e6t~X~. for Z years .~~n~n<f~"~(d_au\ibf ~.~r 2001 and ",-,- . I .. h . .." -.r.., -,,_If " " ..t=-~~l~~ ~h~;JQ.!:-9~~Yf"QfI"S, ',;. lOer 2003. ,.'.;'" .~~re ,~.f.ter, an a'nrt1~~.t:...e~St:;~jU5tment .;:; {pegwh"ing OcB> 1. 200"2~ha~ i!Jb calculat- ~.F {-~1/bY multi l;!t:.~ the Pl'\eV)~3b:a~e by a ..~ .... ~~ctor of".; ;~ger of '~. ~!.ioE~tne ,~:; J........ !liPI.:.rllt,;..i!tct,! ,..:::w.cee~"'f;r5'. \\ ',~ ~r-!- I'" I ': ....~~~u.J;.'t._ ~._-Pl __.... '\ ,~ ./~ ,'J ........ ,';IlOARi!l.'M. 'l-]!. ~27}1' _ {jJ .',. ....., '1"' " . "!. -- -. ,...... - ". tt .~_. ~ ;'.( '-'.1 "PHA mtIJ!:- .1 ., -'; . 71'3- ~\ li-.J (Ii, . .-.' ,; j i ",';;-1.' 7_ W'!. .13. ." j D ' '. . ",-) ."..., . 4':" ... 1..:::J II..~ ,-~. ~-~ Ii ,..,- r; 24j.QOO.oeo,VAEA--oI J.\MB1J~.Nq;;::;; ~.._,,",\ .I) .1;...., ,.0000 , I!J~ -!-:Att.\bulao@' ~rvl,:C"a 't! BCT" , . k '~.L'" ~~~. ~.. ,.., ''''t':;. I .r.l ""..,,. iJ (, _.J- '.,. ,.,," . ......\. .~f" .t>. ~ Purchase ord~t. ~?:i'5,~ . ../:., ;,.? jf :~)o ':P~uct' ,;,.?~~,~.~ , .::..;::f~. ~ (" .J::/ \lh _.:; ". ....,...-. .'\ ~ . , ,,G,;/ I \~~~{ ..b~Up: b~;. i '"\ ,. ..,~5--;;I. \1 fl" ,..1/, "'" .~"<::;:1- "'\,l,..,.. ,6.'_~""""'" End ol"'~~~er 64279-000 ATTN: ITEM "'" o "'....1}.- ?:~-Su.' ~ =.=. ~ .,,:" 0:'':-<=''; w.:}:>-~J 2:::f2I-,": fJ,J .~.:c: ~...., -~.... LU. 0;:::: Cl:: ,;- (.j IJ"I L,~:;:) ~..:::o 0.0::: 1-0::: < =z: o i'\l co :c ocr N N Z ~ C'\l C PURCHASE ORDER e PAGE 0001 ORDER DATE 01/16/02 e 84279-000 r.IUST BE SHown mJ rILL IN- VOICES OR ItJVOICES WILL BE RETURNED TO VEnDOR PURCHASE ORDER NUMBER FREIGHT prepaid TO 1858 Invoice by mail EXEC CI:n: OF LA POR:I:E A:rnI: CASH lvlANAGEMENT POBOX 1115 LA PORx.E ~~ 77572-1115 SHIP TO PHA E."<ECTJTIVE OFFICES 111 EAST LOOP NORXH (E.'CIT 29l HOUSTON xx 77029 BUYER YVE:rn: R>>lM QUANTITY ~ 713 670-2460 ctT.RXI S ROSE I UNIT PRICE I TOTAL DESCRIPTION 24,000.00 24,000.00 24,000,00 E DIRECTOR FUNDS ARE AVAILABLE TO MEET THIS OBUGATION WHEN DUE COUNTY AUDITOR , A~~ p? ~/.. .'"'...c.........-- t::-~~.,op. ~.~.:~ .' TAX EXE~.lPTION FORMS ON REVERSE SIDE CONDITIONS ON BACK ARE A PART OF THIS AGREEMENT ""'1"','" A I e e IF cID ill TI . CO) IF IBI CO) ill ~ 11 CO) I\J AJ1J 11 IID CO) rn II 11 W . , EXECUTIVE OFFICES: 111 EAST LOOP NORTH . HOUSTON. TEXAS n029-4327 MAILING ADDRESS: P.O. BOX 2562 . HOUSTON; TEXAS 77252-2562 TELEPHONE: (713) 670-2400 . FAX: (713) 670-2465 CURTIS R. ROSE Purchasing Manager (713) 670-2460 January 24, 2002 City of La Porte POBox 1115 ~a Porte TX 77572-1115 Attn: Yvette Hamm: Subject: Ms. H:;1mm: Attached find our executed copy of contract relating to the c~ptioned project and our P. o. Number 84279-000. You are authorized to proceed as provided by contract dated October 10, 2001. . . Ambulance Services at Barbours Cut Terminal I PHA File No; 85-0019 Regards, ~;l~.. Curtis R. ij.ose,-C.P.M. ~ Purchasing Manager flrjf ~ r- ' CRR:cb Attachments C: Central Records File