HomeMy WebLinkAboutO-2009-3190 item PULLED/emergency medical services at the Barbours Cut Terminal
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 12. 2009
Requested By: Ra}' Nolen e
Deparhnent: ED4S
Aupropriation
Source of Funds: N/A
Account Number:
Amount Budgeted:
Report:
Resolution:
Ordinance:
x
Amount Requested:
Copy of POH/BCT Contract
Exhibits:
Budgeted Item: YES NO
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
The City has negotiated a new contract with the Port of Houston Authority for Emergency Medical Service at the
Barbour's Cut Terminal for a period oftwe1ve months, in the amount of $2,108. 75 monthly. Attached is an
ordinance authorizing the City Manager to execute a contract effective November I, 2009 with the Port of Houston
Authority for Emergency Medical Selyice at the Barbour's Cut Tenllinal.
The current contract expires on September 30.2009.
The submitted 2009-10 contract is based on a POH/BCT population of 1205 employees at $21.00 per employee-
Total aImually $25305.00
The Port of Houston Authority will meet in October. 2009 to approve tIus new 2009-10 contract.
ReconUllend tImt council approve the City Marmger to execute tIle new original contract SUblluttal by POR.
Action Required bv Council:
Approve an Ordinance authorizing the City Manager to execute a contract with the Port of
Houston Authority for the City of La Porte EMS.
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Date
hlOOl
ORDINANCE NO. 2009-..3.LQO
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF IA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY,
TEXAS, FOR EMERGENCY MEDICAL SERVICES, MAKING VARIOUS FINDINGS AND
PROVISIONS REIATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE
OPEN MEETINGS IAW, 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
'flel/? lal/d , ~
CONTRACT
STATEOFTEXAS S
S
S
KNOW ALL MEN BY THESE PRESENTS:
TIllS 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 1 st day of November, 2009 and ending
on the 31 st day of October, 2010, LA PORTE agrees to furnish to PORT, the emergency
medical services hereinafter more specifically described. This agreement 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 the monthly sum of TWO THOUSAND ONE
HUNDRED EIGHT AND 75/100 DOLLARS ($2,108.75). Such charges are based on
a $21.00 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 in the not to exceed amount of TWENTY FIVE
THOUSAND THREE HUNDRED AND FIVE AND 00/100 DOLLARS ($25.305.00).
ANNUAL COST OF CONTRACT ADWSTMENT- 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
ill.
LA PORTE agrees to provide emergency medical services at PORT's Barbour's
Cut Terminal. LA PORTE shall transport patients to one of the nearest hospitals that
provides emergency services as 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.
LA PORTE agrees to operate the ambulances in accordance with the requirements
of the State and Federal law, and applicable municipal or county ordinances, as the same
now exists, and as may be amended from time to time hereafter.
VI.
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; ($300,000.00) 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 Claims Act, Section 101.001 et seq.
of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable.
The City shall file certificates of insurance coverage with the PORT during the terms of
this Contract and any extension thereof On all said insurance policies, PORT shall be
named as an additional insured.
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VII.
Either the PORT 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 the PORT at P.O. Box 2562, Houston, Texas 77252-2562,
Attention: Director of Operations. Such notice shall be sent by the PORT to LAPORTE
at 604 West Fairmont Parkway, La Porte, Texas, 77571, Attention: City Manager.
VIII.
This contract shall become effective at 12:00 A.M. Central Time, on the 1st day of
November, 2009 and shall remain in full force and effect until the 31 st day of October,
2010 unless otherwise canceled as provided in paragraph VII 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.
IX.
This Contract constitutes the entire agreement between the parties 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 construed in accordance with the laws of the State of Texas.
[EXECUTION PAGE FOLLOWS]
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EXECUTED IN DUPLICATE ORIGINALS, as of this the
,20_.
day of
ATTEST:
CITY OF LA PORTE
By:
City Secretary
City Manager
PORT OF HOUSTON AUTHORITY
By:
Executive Director
APPROVED AS TO FORM:
APPROVED:
Counsel
Director of Operations
FUNDS ARE AVAILABLE TO MEET THIS
OBLIGATION WHEN DUE:
Harris County Auditor
Authorized by Minute No.
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