HomeMy WebLinkAboutO-2009-3189 item PULLED/emergency medical services in the Bayport Industrial District
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Appropriation
Requested By:
Source of Funds:
N/A
Department:
EMS
Account Number:
Amount Budgeted:
Report:
Resolution:
Ordinance:
x
Amount Requested:
Exhibits:
Ordinance
Budgeted Item: YES NO
Exhibits:
COpy of Contract
Exhibits:
Exhibit A - Map
SUMMARY & RECOMMENDATION
Contract renewal request with the Association of Bayport Companies, Inc., for Emergency Medical Service in the
Bayport Industrial Area. This contract will be for a period of one year at a rate of $21.00 per employee. This is an
increase of .81 cents per employee over the previous year's negotiated rate.
Attached is an ordinance authorizing the City Manager to execute a contract effective October 1, 2009 with the
Association of Bayport Companies, Inc. for Emergency Medical Service in the Bayport Industrial Area.
The current contract will expire on September 30, 2009.
2007-08 Revenues - Actual $102,898.40
2008-09 Revenues - Actual $98,587.77
2009-10 Revenues - Projected $100,000.00
Recommend that council approve the City Manager to execute the submitted contract for providing Emergency
Medical Service to the companies located in the Bayport Industrial Area.
Action ReQuired by Council:
Approve an Ordinance authorizing the City Manager to execute a contract with the Association of
ort Companies for the City of La Porte EMS.
ID
ncil A enda
Date
ORDINANCE NO. 2009-.5JJ9
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND THE ASSOCIATION OF BAYPORT COMPANIES, INC., FOR
EMERGENCY MEDICAL 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
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-
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
CITY OF LA PORTE
By:
Barry Beasley, Mayor
ATTEST:
Martha A. Gillett, City Secretary
APPROVED:
Clark T. Askins, City Attorney
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2
CONTRACT
STATE OF TEXAS
COUNTY OF HARRIS I
THIS CONTRACT made and entered into by and between the CITY OF LA PORTE, a
municipal corporation, of HaITis County, Texas, hereinafter referred to as "LA PORTE"; and the
ASSOCIATION OF BAYPORT COMPANIES, INC., a Texas non-profit corporation, hereinafter
refel1'ed to as "AB.C.",
WITNESETH:
WHEREAS, AB.C is in need of certain Emergency Medical Services for the benefit ofthe
people at its Service Area, as outlined on the map attached hereto as Exhibit "A", SAVE AND
EXCEPT any area shown on Exhibit "A", which has been annexed by a city other than LA PORTE,
unless LA PORTE has an interlocal agreement for Emergency Medical Service with any other such
city; and
WHEREAS, LA PORTE is able and willing to provide said governmental services to
AB.C., upon the terms, conditions, and covenants herein contained:
1.
GENERAL PROVISIONS
For and during the year beginning on the 1st day of October, 2009, and ending on the 30th
day of September, 2010, LA PORTE agrees to furnish to AB.C., the emergency medical services
hereinafter more specifically described. This agreement shall remain in effect after September 30,
2010, until cancelled by either party hereto giving ninety (90) days written notice to the other party.
n.
For and in consideration of the emergency medical services to be provided by LA PORTE,
AB.C. agrees to pay LA PORTE the sum of Twenty One Dollars ($21.00) per on-site employee of
the ASSOCIATION OF BAYPORT COMPANIES, INC. members, comprised within the Service
Area. Such payment shall be made on or before the 1st day of October 2009. The employee count,
which A.B.C. represents to LA PORTE to be approximately between Five Thousand (5,000) and
Six Thousand (6,000) on an annual basis, shall be based upon the number of full-time equivalent,
on-site employees and shall include the number ofreculTing-contract workers (such as maintenance
contracts that are used for scheduled plant maintenance). The number of covered personnel is to be
provided by each individual plant within the Service Area and ful11ished by A.B.C. for the
computation of the annual fee, which shall occur on or before October 1, 2009. AB.C. shall
furnish to LA PORTE said census count fumished to them during the month of September dl.U1ng
each year of this contract.
A.B.C. shall immediately notifY LA PORTE of the addition of any new company to its
membership, and the employee count, as herein defmed, of such new member company.
A member company of AB.C. which is in default of its payments to AB.C. and LA
PORTE hereunder, shall be subject to a "Non-Member Fee" of Fifteen Hundred Dollars ($1500.00)
per EMS response as provided in LA PORTE's Emergency Medical Service Fee Ordinance.
III.
LA PORTE agrees to provide emergency medical services at AB.C.'s Service Area. LA
PORTE shall transport patients to one of the nearest hospitals providing emergency services that is
defined by the "Transport Policy" of the City of La Porte Emergency Medical Services. LA
PORTE shall be permitted to charge, to each patient, its most current and customary Emergency
Medical Service charges as adopted by City Council.
IV.
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 the corporate limits of the City of La Porte.
V.
COMPLIANCE WITH LA W A1~D ORDINANCES
LA PORTE agrees to operate the ambulances in accordance with the requirements of State
and Federal law, and applicable municipal or c01.mty ordinances, as the same now exist, and as may
be amended fl.-om time to time hereafter.
VI.
LIABILITY lNSURA1~CE
During the term of this Contract and any extension thereof, LA PORTE shall purchase and
keep in full force and effect, public liability insurance on each of its ambulance units, and
professional liability insurance (malpractice insurance) on each of its employees administering
patient care, with minimum limits of $100,000.00 for each single occurrence for injury to or
destruction of property; $100,000.00 for each person; and $300,000.00 for each accident. LA
PORTE shall keep and maintain Workers' Compensation insurance on its employees. LA PORTE
shall maintain collision and liability insurance on the ambulances, with at least maximum limits of
$100,000.00 for each single occurrence for injury to or destruction of property; $100,000.00 for
each person; $~OO,OOO.OO for each single occurrence for bodily injury or death; and uninsured and
under-insured motorists coverage providing at least $100,000.00 for each person, and $300,000.00
for each single occurrence for bodily injury or death. Notwithstanding the foregoing, LA PORTE
shall not be required to obtain insurance in excess of liability limits established in the Texas Tort
2
Claims Act, Section 101.001 et seq, of the Texas Civil Practice and Remedies Code, in cases where
said Act is applicable. LA PORTE shall file celiificates of insurance coverage with A.B.C. during
the terms of this Contract and any extension thereof. On all said insurance policies, A.B.C. shall be
named as an additional insured.
V II.
REVOCATION OF CONTRACT
Either A.B.C. or LA PORTE may cancel this Contract, without cause, after giving at least
ninety (90) days written notice to the non-canceling party. Such notice shall be sent by LA PORTE
to A.B.C. at Post Office Box 691, La Porte, Texas 77572-0691. Such notice shall be sent by
A.B.C. to LA PORTE at 604 West Fairmont Parkway, La Polie, Texas 77571.
VIII.
TERM
This Contract shall become effective at 12:00 A.M. Central Time, on the 1st day of
October, 2009, and shall remain in full force and effect until the 30th day of September, 2010,
unless otherwise cancelled as provided in paragraph VII above. This Contract is entered into
subject to the Chatier and Ordinances of the City of La Porte, and all applicable state and federal
laws.
IX.
This Contract constitutes the entire agreement between the paliies and supersedes all prior
contemporaneous communications or agreements, written or oral. This Contract may be amended
only by a written instrument signed by all parties.
This Contract shall be governed by and constmed in accordance with the laws of the State
of Texas.
EXECUTED IN DUPLICATE ORIGINALS, as of this the _ day of
2009.
CITY OF LA PORTE
By:
Ron Bottoms
City Manager
3
ATTEST:
Martha A. Gillett
City Secretary
ATTEST:
Colleen Hicks,
Secretary
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