HomeMy WebLinkAboutO-1993-1885
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ORDINANCE NO. 93- 1885
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE
CITY OF LA PORTE AND PORT OF HOUSTON AUTHORITY, FOR PROVISION OF
EMERGENCY MEDICAL SERVICE BY THE CITY OF LA PORTE TO THE PORT OF
HOUSTON AUTHORITY; 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, Article 6252-17, Texas
Revised Civil Statutes Annotated; 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.
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ORDINANCE NO. 93- 1885
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section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 25th day of January, 1993.
CITY OF LA PORTE
B~t.f~~
Mayor
ATTEST:
Che~f14
City Secretary
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CONTRACT
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
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 governmental services for
the benef it of the people and property at its Barbour's Cut
Terminal; and
WHEREAS, LA PORTE is able and willing to provide
governmental services to PORT, upon the terms, conditions,
covenants herein contained:
said
and
NOW, THEREFORE, pursuant to the 'authority granted by the
Interlocal Cooperation Act (Article 4413(32c), V.A.T.S.), and in
consideration of the mutual covenants, agreements, and benefits to
both parties, it is hereby agreed as follows:
A. GENERAL PROVISIONS
1.
For and during the year beginning on the 1st day of January,
1993, and ending on the 31st day of December, 1995, LA PORTE agrees
to furnish to PORT, the emergency medical services hereinafter more
specifically described. This agreement shall remain in effect
after December 31, 1995, until cancelled 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 six Hundred Dollars, $600.00. 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.
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 save and
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hold LA PORTE harmless, from any such claim for loss of 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 emergency medical services
on behalf of PORT hereunder.
IV.
LA PORTE agrees to provide emergency medical services at
PORT's Barbour's Cut Terminal. LA PORTE shall transport emergency
medical service patients to the nearest hospital providing an
emergency service, that will take the patient, unless the patient's
safety or the patient himself or herself specifically dictates
otherwise. In the event that the patient is incapacitated, the
Paramedic Attendant shall designate transportation of patient to
the nearest hospital. LA PORTE shall be permitted to charge its
usual and customary charges to each patient.
V.
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 PORT's Barbour's Cut
Terminal, will be subordinate to requests for, and rendering of,
emergency medical services within the corporate limits of the City
of La Porte.
VI.
This contract shall become effective at 12:00 A.M. Central
Time, on the 1st day of January, 1993, and shall remain in full
force and effect until the 31st day of December, 1995, 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, and all applicable state and federal laws.
EXECUTED IN DUPLICATE ORIGINALS, as of this the 1st day of
January, 1993.
CITY OF LA PORTE
BY:
Robert T. Herrera
City Manager
ATTEST:
City Secretary
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BY:
ATTEST:
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PORT OF HOUSTON AUTHORITY