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Home My WebLink AboutO-2004-2796 H ----------- --------- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 13. 2004 Appropriation Requested By: Champ Dunham Source of Funds: nJa Department: Asst. Fire Chief Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Contract Budgeted Item: Exhibits SUMMARY & RECOMMENDATION The City presently has a contract to provide secondary fire suppression services at the Port of Houston Barbour's Cut Terminal. This contract calls for a monthly fee of $2,724.00 be paid to the City. The present contract expired on September 30, 2004. This contract includes an annual cost of contract adjustment beginning January 1,2006 that shall be calculated by multiplying the previous annual rate by a factor of the larger of 2.5% or the Consumer Price Index - Urban using December 2005 as the base. However, the annual rate increase shall not exceed 5%. An ordinance with a new contract is attached for Council's consideration to update the contract. Action Required by Council: Consider an ordinance approving and authorizing an agreement between the City of La Porte and Port of Houston Authority for secondary fire suppression services. Approved for City Council Agenda I ~ -~ -- () t(- Date Ordinance No. 2004- .21~~ AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LAPORTE AND PORT OF HOUSTON AUTHORITY, ("PORT"), A BODY POLmC OF HARRIS COUNTY; FOR SECONDARY 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 authorized 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 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. 1 PASSED AND APPROVED, this 13th day of December 2004. CITY OF LA PORTE By: ~7~ Alton E. Porter, Mayor ATTEST: ~tfJ tt-&{J;;jJ Mart a A. GI lett, CIty Secretary APPROVED: ~rM~ Knox W. Askins, City Attorney 2 CONTRACT STATE OF TEXAS g g g KNOW ALL MEN BY THESE PRESENTS: This Contract 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 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: 1. For and during the year beginning on the 1st day of January 2005, and ending on the 31 st day of December 2005, LA PORTE agrees to furnish to PORT, the secondary fire suppression services hereinafter more described. This Contract shall remain in effect after December 31, 2005 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, to PORT, PORT agrees to pay LA PORTE the monthly sum of TWO THOUSAND SEVEN HUNDRED TWENTY-FOUR AND 00/100 DOLLARS ($2,724.00). Such charges are 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 January 1, 2006 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 December 2005 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 on behalf of PORT hereunder. IV. PORT shall provide primary fire suppression service, which routinely includes nuisance type fire calls, and Life Flight landings. LA PORTE agrees to provide secondary fire suppression services for structural fires, rescue calls beyond the capacity 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 Contract, upon the terms and conditions herein contained, when in the judgment 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 reasonable protection, considering 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 become effective at 12 am Central Time, on the 15t day of January 2005, and shall remain in full force and effect until the 31st day of December 2005, 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 PUPLICATE ORIGINALS, as of this the _Die ' 20~. 'l~ day of ATTEST: ~ aJ.k1Io..fWJl City ecretary APPROVED: APPROVED AS TO FORM: Counsel FUNDS ARE AVAILABLE TO MEET THIS OBLIGATION WHEN DUE: Harris County Auditor Authorized by Minute No. CITY OF LA PORTE .~~ JA ~ .~, ' 1 (..,' B ,(YlJJ/ tlJibra Bobak. Fea -l1e. - City Manager PORT OF HOUSTON AUTHORITY By: APPROVED: Director of Operations ',:.ti(