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Home My WebLink AboutO-2001-2513 . e ORDINANCE NO. 2001-35/3 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE ASSOCIATION OF BAYPORT COMPANIES, INC., FOR EMERGENCY MEDICAL SERVICES, MAKING 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-~SI, e PASSED AND APPROVED, this 24th day of September, 2001. ATTEST: Jm~(t ,~ Mar ha A. Gillet City Secretary Knox W. Askins city Attorney I By: CITY OF LA PORTE Jk~----- N rma L. Malon Mayor PJ.\GE 2 . e CONTRACT STATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS THIS CONTRACT made and entered in to by and between the CITY OF LA PORTE, a municipal corporation of Harris county, Texas, hereinafter referred to as "LA PORTE" and the ASSOCIATION OF BAYPORT COMPANIES, INC., a Texas Non- Profit Corporation, hereinafter referred to as "AB.C.", WITNESSETH: WHEREAS, AB.C. is in need of certain Emergency Med.ical Services for the benefit of the people at its Seryice Area as outlined on Exhibit "A", attached hereto; and WHEREAS, LA PORTE is able and willing to provide said governmental services to AB.C., upon the terms, conditions, and covenants herein contained: 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 ABC, the emergency medical services hereinafter more specifically described. This agreement. shall remain in effect after September 30, 2003 until canceled by eithet party hereto giving ninety (90) days written notice to the other p~rty hereto. /i I II. For and in consideration of the emergency medical services to be provided by LA PORTE, ABC agrees to pay LA PORTE the sum of Fifteen and 75/100 Dollars ($15.75) per on-site employee of the ASSOCIATION OF BAYPORT COMPANIES members, comprised with in the service area. Such payment shall be made on or before the 1 st day of October, 2001. The employee count, which AB.C. represents to LA PORTE to be approximately between Five Thousand (5,000) and Six Thousand (6,000) on an annual basis, shall be based upon the number of full-time equivalent, on-site employees and shall include the number of recurring-contract workers (such as maintenance contracts that are used for scheduled plant maintenance). The number of covered personnel .is to be provided by each individual plant within the service area and furnished to AB.C. for the computation of the annual fee, which shall occur on or before October 1, 2001. A B. C. shall furnish to LA PORTE said census count furnished to them during the month of September during each year of this contract. e e ANNUAL COST OF CONTRACT ADJUSTMENT - Beginning October 1, 2002 and in subsequent years thereafter, there shall be a cost of contract adjustment of the rates. 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) using September 2001as the base. However, the annual rate increase shall not exceed five percent.(5%). . III. LA PORTE agrees to provide emergency medical services at A.B.C.'s Service Area. 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 Services) 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, and 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 e e its employees administering patient care, with minimum limits of ($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; 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 AB.C. during the terms of this Contract and any extension thereof. On all said insurance policies, AB.C: shall be named as an additional insured. VII. REVOCATION OF CONTRACT Either AB.C. 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 AB.C. at Post Office Box 691, La Porte, Texas 77572-0691. Such notice shall be sent by AB.C. 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 AM. 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 otherwise canceled as provided in paragraph VIII 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. 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 .lL.day of /Jt:-TO~R ,2001. ASSOCIATION OF ~COMPANIES. INC. By: ;{;t- I I President ATTEST: ~ 'tieL- Colleen Hicks, Secretary CITY OF LA PORTE By:CXl~ \. \4~ Robert T. Herrera, City Manager ATTEST: ~ MiL- j{,r./ /.d' Ma ha Gillett, City Secretary