HomeMy WebLinkAboutO-2006-2945
E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 25. 2006
Bude:et
Requested By: MikP Rml'J~e
Source of Funds:
Department:
}:irl~ Departmeut
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Port of Houston Fire Protection Contract
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
The Port of Houston has agreed to continue to contract secondary fire protection from the City of La Porte for their
Barbour's Cut Facility. Staff has reviewed the proposed contract and found it to be basically the same structured
document, with only minor changes in the fee for services, which were lower than last year's contract. This change
was attributed to there being fewer employees at the Barbour's Cut Facility this year. The total amount of the
contract is not to exceed $21,658.85, commencing November 1, 2006 ending October 31,2007, unless cancelled by
either party.
Action Required bv Council:
Approve or not approve contract.
{(-~O rO~
Date
ORDINANCE NO. 2006- cJ...145
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY, FOR PROVIDING
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 of the City of La Porte hereby
approves and authorizes the agreement, or other undertaking
described in the title of this ordinance, a copy of which is on
file in the office of the City Secretary. 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 of the City of La Porte
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.
ORDINANCE NO.
2006- ~ CfLf)
PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this l:1t day of September, 2006
CITy OO:1:Rr.'P~
Alton E. Porter, Mayor
By:
APPROVED:
~-r rt~
C ark T. Askins, Assit. City Attorney
2
CONTRACT
STATE OF TEXAS ~
~
~
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 November 2006, and ending
on the 31st day of October 2007, LA PORTE agrees to furnish to PORT, the secondary
fire suppression services hereinafter more specifically described. This Contract shall
remain in effect after October 31, 2007 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 ONE THOUSAND
EIGHT HUNDRED FOUR AND 90/100 DOLLARS ($1804.90). Such charges are
based on a $14.11 per person fee and 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 are
rendered The total amount of the contract is not to exceed the amount of TWENTY
ONE THOUSAND SIX HUNDRED FIFTY -EIGHT AND 85/100 DOLLARS
($21,658.85)
ANNUAL COST OF CONTRACT ADmSTMENT- The cost of the contract
shall be based on an Average Daily Population ("ADP") of personnel working at
Barbours Cut Terminal. The cost of contract adjustment shall be calculated by
multiplying the negotiated per person fee by the negotiated ADP for the contract year,
and shall be subject to review and adjustment annually, commencing November 1,2007.
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 ftre 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 1st day of
Novemberr 2006, and shall remain in full force and effect until the 31 st day of October
2007, 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;? ~ay
of ~ . ,2006.
ATTEST:
CITY OF LA PORTE
BAlfvwf3~
City Manager
By4/41/td. (dJJ1J
ity Secretary
PORT OF HOUSTON AUTHORITY
By:
Executive Director
APPROVED AS TO FORM:
APPROVED:
Counsel
Director of Operations
FUNDS ARE AVAILABLE TO MEET
TillS OBLIGATION WHEN DUE:
Harris County Auditor