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Home My WebLink AboutO-2009-3188 POHA/supplemental fire protection at Barbours Cut Facility 8 ------.----- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 12. 2009 Aoorooriation Requested By: Donald T.add Source of Funds: N/A Department: Fire Account Number: Amount Budgeted: Report: Resolution: Ordinance: x Amount Requested: Copy ofPOH/BCT Contract Exhibits: Budgeted Item: YES NO Exhibits: Ordinance Exhibits: SUMMARY & RECOMMENDATION The City has negotiated a new contract with the Port of Houston Authority for Secondary Fire Protection at the Barbour's Cut Terminal for a period of twelve months, in the amount of$I,260.0l monthly. Attached is an ordinance authorizing the City Manager to execute a contract effective October 1, 2009 with the Port of Houston Authority for Secondary Fire Protection at the Barbour's Cut Terminal. The current contract expires on September 30, 2009. The submitted 2009-10 contract is based on a POH/BCT population of 1,250 Total annually $15,120.14 Recommend that council approve the City Manager to execute the new original contract submittal by POH. Action Reauired bv Council: Approve an Ordinance authorizing the City Manager to execute a contract with the Port of on Authority for the City of La Porte Fire Department. If> ht <J Date 'ljO? ORDINANCE NO. 2009-J 0\~ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR SUPPLEMENTAL FIRE PROTECTION, 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 contract, 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. 2009-3/~\( 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 12th day of October, 2009 ATTEST: ~11.~ ~ha A. Gi lett, City Secretary APPR~ k ~r~A~/j Cl k T. Askins, City Attorney By: 2 CONTRACT ST ATE 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; I. For and during the year beginning on the 1st day of November 2009, and ending on the 31st day of October 2010, LA PORTE agrees to furnish to PORT, the secondary fire suppression services hereinafter more specifically described. This Contract shall remain in effect after October 31,2010 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 eleven monthly payments in the sum of ONE THOUSAND TWO HUNDRED SIXTY AND 01/100 DOLLARS ($1260.01) and one final payment of ONE THOUSAND TWO HUNDRED SIXTY AND 03/100 DOLLARS ($1260.03). 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 are rendered. The total amount of the contract is not to exceed the amount of FIFTEEN THOUSAND ONE HUNDRED TWENTY AND 14/100 DOLLARS ($15,120.14). 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, 2010. m. 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. VIT. This Contract shall become effective at 12 am Central Time, on the 1st day of November 2009, and shall remain in full force and effect until the 31st day of October 2010, 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 d.fxt day of Dr)n h t..,r' ,2009 ATTEST: ~L~.d# ity Secretary PORT OF HOUSTON AUTHORITY ~w~ Executive pifector / ( J APPROVED AS TO FORM: APPROVED: ct~.-tJ Jta2~ Counsel FUNDS ARE A V AaABLE TO MEET TIllS OBLIGATION WHEN DUE: 'i:~ /(P~/",? rUK..nA~t UKUtK .J ..,.-t-;'''r ,!,,'d,(l't: (,RDt:F; N1.1MEER ?7 )' PORT OF HOUSTON AUTHORITY P.O. BOX 2562 HOUSTON, TEXAS 77252 PHONE (713) 670-2460 652 SHIP ~il' ,I ,/J. (/ . #(( l L~JLf~Ljl ( CITY OF LA POR'I'E AT'J"N: ACCmrmlNG DT VISION 604 w,!,'ST F'JdRMON1' PARKWAY LA p(JFrrE TE 7 7 ~}:I >j ATTN YVETTE HAMM 2 B 1- 471-- HUYEk I 'l' EM OUlu~rITY UNIT DESCRIPTION trt~IT 1.000 11,00 fA FIRE StIPPfU:SSION SVC BC'l~ FIRB SUPPRESS ION 1 t 2:60 J ~ EH}. FILE NO. /009-0309 THIS IS FOR ONE D) YE:!tR AND SHM....L BE INEFf'E:CT (IN THE 13'1' NOVE'lviBP;R;;i09 l\Nn ENDING ON THE: 31ST DAY OF OC1'OBRR to, CITY OF AGRFES !rO~~UP1USH fro THE PORT, SEC'ONDltR.Y FIRE 5lJPPREB::!TON CE:S WIT!HN EARBOUR I S CUT TERMINAL AND THE PORT ,~GREES TO PAY LAPCiIi:1'E Ef..F:V}i;N (11) MON'I'HLI PAYMEN'l'S OF' $ L 26 0 . OlAND m~E (1) FI NAL P A YMEN'X G.F :H,:2 60 fn TO 13 E PArD BY PORT TO LA, PORTE: ON OR BEFORE 1 O'l'H nr~y OF TIrE M(iN'j'H FOLLOW fNG THE: MONTH !.1iH I SUCH :3ERIJICES ARE RENDERED UJ.'J'I'IL Ct\NCE;ED EI'l'HER, THE TOTAL 1'\:M01JNT OF THE CONTRAG-T IS NOT 1'0 EXCEED 'THE MO'i.Mr (IF FIF1'EEN H1J1JDRIW 'NF~t\l"rY AN!) 14/100 DOLLARS ($15,120.14 i. :: noo 1 ~ 00 1':1\ FIR~~ StJPPRE~SSION Bve BG'l' FIRE SUPPRgSSION 1 " ,0300 t~RT COMMISSION ArrrHORIZED THIS CONTRACT. PHil FILE NO. ~'.009,'030S 'l'HW COU'!'RAC'I' ! 3 li'OR ONE (1) YEAR .AND SHALL BE IN ON Tfm 1.5'i' DiY'{ NOVE.afBKR 2009 AND ENDING ON THE 31ST DAY OF v:::TOBF;R Crry OF' LAPORTE ,Ii,GREEt) 1'0 !tlTRNISH TO 'J'HE PORT:. SECONDARY FIRE: SUPPRESSION gERVlGES wl1:HIN BARBOUR' 3 GUT TERMINAL ANT) TH!': PORT AGREES TO PAY LAPOR'1'E ELEVEN (11. J MONTHLY PAYMENTS OF $1, .01 AND ONE D IF'INi,,L PAYMEN'J' OF' $1, 260. B}i~ IN BY PORT TO LAPORTE ON OR BEFORE 10TH DAY OF 'rHE MONTH F'OLLOw.!NO THE WHICH SUCH SERVICES ARE RENDERED UN'rIL CP.NCE;ED BY El'l'HER. 'rH~; 'l\tTl'l.L !\MOUNT CONTRACT 1'2 NOT TO EXCEED 'YHE MOUNT OF'FIF'!'BF;N THC1Ug,~,HD CNErHJNDRED 14/100 DOLLARS ( $15,120.141. .~_._.._-- ._--. -~-_. _..__.~-~. _._-._~ _____ ___.k_______,___~.____ PLEASE REMIT ALL INVOICES TO THE ACCOUNTS PAYABLES DEPARTMENT UTHORITY.OFr'lf.E EXtCUTIVE DIRECTOR I")' ) . ~ ":"",....... / J'/' . -.........-... ,-) NOS ARE AVAILABLE TO MEET THIS OBLIGATION WHEN DUE COUNTY AUDITOR CONDITIONS ON BACK ARE A PART OF THIS AGREEMENT REQUESTOR 11' 1"U.""IfA~"I:UIm~" -~PURCfNlSE (}RDEE NUMBKR ) ----.-/ Date 1 (I / P'bFtT'OF HOUSTON AUTHORITY P.O. BOX 2562 HOUSTON, TEXAS 77252 PHONE (713) 670-2460 t'J'{) 65 ..l5 6 SHIP ., '" ( {~ (lIt CIT'i OF' LA POR'l'rr: T:~:R,MINAL {B1:t'ji) ,"".., ITEM ~~mITY UNIT D~crlnloo m~n PRi Order 'rotal 15)12(}.14 F:ND OF ORDE.R " ......... .t "~ PLEASE REMIT ALL INVOICES TO THE ACCOUNTS PAYABLES DEPARTMENT DS ARE AVAILABLE TO MEET THIS OBLIGATION WHEN DUE COUNTY AUDITOR ;,--~-~' REQUESTOR