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Home My WebLink AboutO-2001-2512 e e ORDINANCE NO. 2001-A~/~ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR FIRE SUPPRESSION 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: 'ill!UMd/ () . AAJJii Mar ha A. Gillett City Secretary AP~1/ ~ Knox W. Askins City Attorney By: CITY OF LA PORTE ~~--- 'N manL. Ma on Mayor PJ.\G8 2 .,.r -..; \'4<;;.\"J i. to \';,1.:- 'r '-1 t-\? \<. \ ~S TOMr\'( ~.!~. ~'f t\U0\10R R\" C\J\.tI~' . '.J' t: ullR ;:, 1"(.'1 "'1=",,;,;) fit"- ,",OUS I VI' .., \,I a~ 2.0 Q'l J~~ -3 ~n . e e fHA Hie fV(). aooo.03'f' 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 politic of Harris County, Texas hereinafter referred to as "PORT', WITNESSETH: WHEREAS, PORT is in need of certain gover!'lmental 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, u.pon 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. A. GENERAL PROVISIONS For and during the year beginning on the 15t day" of October, 2001, and ending on the 30th day of September, 2003, LApORTE agrees to furnish to PORT, the secondary fire suppression services hereinafter more 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. (X'1.11 11/171 01 e e II. For and in consideration of the governmental services to be provided by LA PORTE, to PORT, PORT agrees to pay LA PORTE the monthly sum of Two Thousand Six Hundred Twenty Five Dollars, $2,625.00. Such charges 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 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 2001 as the base. However, the annual rate increase shall not exceed five percent (5%). III. LA PORTE will not be liable for loss or damage to person or property arising from or caused by or resulting from alleged negligence of LA PORTE, its officers, employees, or volunteers, in carrying out this contract. PORT agrees to release and hold harmless, from any such claim for loss or damage by .itself, or by any person, firm, corporation, or association, in connection with this contract. PORT further agrees to reimburse LA PORTE the fair market value of any of LA PORTE'S equipment damaged or destroyed while engaged in fire suppression services in behalf of PORT hereunder. IV. PORT shall provide primary fire suppression service, which routinely includes nuisance type fire calls, and Life Flight .Iandings. LA PORTE agrees t9.. provide secondary fire suppression services for structural fires, rescue calls beyond the. capability of the PORT, and catastrophic events within PORT'S Barbour's Cut Terminal, (but not including on board vessel fires), for the term of this agreement, . upon the terms and conditions herein contained, when in the judgement of PORT employees, such service is necessary to deal with a specific emergency. V. Sole discretion will rest with the LA PORTE Fire Chief, or his duly authorized assistants, as to the personnel and equipment that will answer each call for assistance from the PORT, provided that protection will be adequate (meaning e e reasonable protection, cqnsidering available personnel and equipment of LA PORTE'S Fire Department). VI. PORT agrees to authorize LA PORTE duly authorized officers the right to inspect or tour property within PORT'S Barbour's Cut Terminal, with a member of the PORT'S management or marine operations present. . Additionally, during' calls for assistance, LA PORTE will determine safe operation areas on PORT property that include, but are not limited to, closure of roadways, trucks, cranes, tractors, etc. for the protection of LA PORTE'S personnel and. equipment. VII. . . This contract shall come effective at 12 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 cancelled as provided in Paragraph I. Above. This contract is entered into subject to the Charter and Ordinances of the City of La Porte, arid all applicable State and Federal Laws. . EXECUTED IN DUPUCA TE ORIGINALS, as of this the 1 st day of October 200.1. CITY OF LA PORTE By: G?~ -r: t-\~ Robert T. Herrera, City Manager ATTEST: By:l.{rJ Ct..tthCL a. IJIce..a./ City Secretary . By: Pf'. ATTEST: BY: ~ j '/ / I -ru /J{,ze-t Ou",) (; ~ /..'el:~...:ti"r..I.' iL)he.,.., d u.-L . rLL1-t j tl ye. ,;.1-Ua.. ( d-fl{e.. '(..v / . n d, ~/. ~ /f -?r /J /~ ( //Hfln~t- ./M"/,~, /'T""t~ l2u~ w..A.. .. . ..' ~0 t.0~/.-v " ~~. 2.- r~~ . - 1/.2/": 1/ PURCHASE ORDER . PORT OF HOUSTON AUTHORITY P.O. BOX 2562 HOUSTON, TEXAS n252 PHONE (713) 670-2460 e 84190-000 PAGE 0001 . ORDER DATE 12i26/0i rlUST BE SHOIVtJ ON ALL IN- VOICES OR InVOICES WILL BE RETURNED TO VmDOR PURCHASE ORDER NUMBER FREIGHT p.'elXl id TO 1858 BCT I!,\voic:e l'"JY mail CITY OF LA POP.T.E ATTN: CASH MAI.JAGE1>1ENT P 0 :BOX 1115 .LA PaRT.E XX 77571-1115 SHIP TO BAREOU.F,S CUT TEFJl.1INAL 1819 EAST Bl-\.~URS CUT BLVD W)RG>>lS POINT TX 77571 BUYER YVEI'TE .EAMM QUANTITY @Effl DESCRIPTION 713 670.-2460 CTJRX!S ROSE I UNIT PRICE I ATTN: ITEM TOTAL ~~~****~2~~**~~** D~liver - 12/26/01 ~~*~**~~*~**T*~*** *~~~ Unle55 0therwi5e 5pecified DY line itam **** Purcha.se Order Cur.re!icy~ United states tlO.1.1ara 1 Furn:i.sfl S€!c')t\dary :fi.re SlJpp.r8:5sion sE:rvicl!.~J.:~.&.~t~~~s of two years to "Sarp~~~~ :z;e..rm'ftia,l~. the annual co.:;t 9.f"--~.~;)5Q~Ipl!: J.ft.i1.fiE3~~ear. ...:~tOr,z~~. FEE :; ~ t '62.5 ..6.h, "'~\' ~:';T' ,..",,).;~_.~ "!.....:e-r-.;.~i:i~.-::a.......... . T4 .I., \,j."lt ... 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I ~ 'I . .........,. ...., ~\" -"-- End or ~:~~~~I 84190-000 31,500.00 0:: O. t- ;:::;'" :5< .;;t::< : -t....J ;?-t- ":zz ';::>0 '01- :u~~? :~,::. )C'~ :I: .0:: ~ :J: -:r -:r 9 ::rc <: '" I Z .-.:t ~ N o 31,500.00 31,500.00 DIRECTOR . ~..' .. FUNDS ARE AVAILABLE TO MEET THIS OBUGATlON WHEN DUE a r COUNTY AUDITOR .."'. .. By~~f:-~~ TAX EXEMPTION FORMS ON REVERSE SIDE CONDITIONS ON BA~K ARE A PART OF THIS AGREEMENT ORIGINAL