HomeMy WebLinkAboutO-2011-3330 Port of Houston Authority/Secondary Fire Protection contract D
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested March 28, 2011 Appropriation
Requested By: Donald Ladd Source of Funds: N/A
Department: Fir Account Number:
Amount Budgeted:
Report: Resolution: Ordinance: X
Amount Requested:
Exhibits: Copy of POHBBCT Contract
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 twenty-four months, in the amount of $1,260.00 monthly. Attached is an
ordinance authorizing the City Manager to execute a contract effective March 1, 2011 with the Port of Houston
Authority for Secondary Fire Protection at the Barbour's Cut Terminal.
The current contract expired on September 30, 2010 and has been running month to month. This contract will
continue previous contract for an additional 2 years at the current rate.
The submitted 2011 -2013 contract is based on a POHBCT population of 1,250
Total annually $15,120.00
Action Required by Council:
Approve an Ordinance authorizing the City Manager to execute a contract with the Port of
Houston Authority for Secondary Fire Protection with the City of La Porte Fire Department.
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A I . /M, or Ci IN! uncil • • enda
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Ro i ' ttoms, '. Manager Date
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 Harbour'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 two year term beginning on the 1st day of March 2011, and
ending on the 28th day of February 2013, LA PORTE agrees to furnish to PORT, the
secondary fire suppression services hereinafter more specifically described. This
Contract shall remain in effect after February 28, 2013 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 twenty -four monthly payments in the sum of
ONE THOUSAND TWO HUNDRED SIXTY DOLLARS ($1260.00). 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 are rendered. The total amount of the
contract is not to exceed the amount of THIRTY THOUSAND TWO HUNDRED
FORTYY AND 00 /100 DOLLARS ($30,240.00).
ANNUAL COST OF CONTRACT ADJUSTMENT- 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 March 1, 2013,
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 F'ORTE'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 1 day of
March 2011, and shall remain in full force and effect until the 28 day of February 2013,
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 f day
of 4-1Yyi X k , 2011
ATTEST: CITY : LA PORTE •
By: /LI / �'�! (i./'c2 B
City Secretary / (/ 11 10 4 Manager Ecsn°1
PORT OF HOUSTON AUTHORITY
APPROVED AS TO FORM: APPROVED:
Counsel Senior Vice President, Operations
FUNDS ARE AVAILABLE TO MEET
THIS OBLIGATION WHEN DUE:
Harris County Auditor
ORDINANCE NO. 2011- '3D
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. 201172230 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 28th day of March, 2011
CITY I
By: Ai' ' Ai
LLoll °ig. Ilk
A� S T .
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, '441fil../...g.:Le
'atrice Fogarty /City S-cretary
APPRO D ' - : /,
ar 'T. Askin - s, City Attorney
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