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Home My WebLink AboutOrd 978 - Authorizing Mayor to Execute Contract 223 ORDINANCE NUMBER 978 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST ON BEHALF OF THE CITY OF WEST UNIVERSITY PLACE A CONTRACT BETWEEN THE CITY OF HOUSTON AND THE CITY OF WEST UNIVERSITY PLACE FOR PROVIDING EMER- GENCY AMBULANCE SERVICE TO WEST UNIVERSITY PLACE; STATING THE MATERIAL TERMS OF SUCH CONTRACT; CONTAINING CERTAIN FINDINGS BY THE CITY COMMISSIONERS; FINDING THAT CURRENT REVENUES ARE AVAILABLE FOR THE PAYMENT OF THE FEE OR CHARGE AS PROVIDED BY SAID CONTRACT; APPROVING THE FORM AND SUBSTANCE OF THE ATTACHED CONTRACT; AND DECLARING AN EMEREGENCY BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. The Mayor of the City of West University Place is hereby authorized to execute and the City Secretary to attest on behalf of the City of West University Place, a contract between the City of Houston and the City of West University Place relative to the City of Houston providing emergency ambu- lance service to West University Place. The contract is for a period of two (2) years, beginning April 28, 1972 and ending April 28, 1974. The consideration to be paid the City of Houston for providing such emergency ambulance service is $3,500 per year, and the legal right and authority of Houston to collect its usual service fee or charge directly from each person transported by Houston Fire Department ambulance service from, to or within the corporate limits of West University Place. The contract also provides that West University Place wi1 1 at its expense obtain for Houston1s benefit automobile lt~&ility insurance coverage. Section 2. The City Commission hereby finds and determines that the operation by the Houston Fire Department of emergency ambulance service within the corporate limits of the City of West University Place is a governmental function of the City of West University Place, and that such ambulances are emergency vehicles. The City Commission further finds ahd determines that the acts of the City of Houston employees while engaged in the scope of their em- ployment in performing emergency ambulance service within the corporate limits of the City of West University Place shall be considered and deemed to be acting for the City of West University Place as agents and borrowed employees, and the City of Houston shall not be held liable because of the acts of its employees while providing such ambulance service pursuant to this contract. Section 3. The City Commission hereby finds that current revenues are available in the General Fund for the payment of the $3,500 fee or charge as provided by said contract between Houston and West University Place. Section 4. The City Commission hereby approves the form and sub- stance of the aforesaid contract for such emergency ambulance service, a copy of which contract is attached to this ordinance. Section 5. There exists a public emergency requiring that this ordi- nance be passed finally on the date of its introduction, and the Mayor having in writing declared the existence of such emergency and requested such passage, this ordinance shall be passed finally on the date of its introduction, this 24th day of April 1972, and shall take effect immediately upon its passage and approval by the Mayor. cr, n4 r # ! ~f.J ATTEST: ~ /') (;{:Lz> Assistant PASSED AND APPROVED this 24th day of April, A. D., 1972 Commissioners Voting Aye: All Commissioners Voting No: None / .~. //; /~ 7;// ,. it, ./ {j (L:~<:!~<":~^_e::3t,/t~p<^/PJ~<~'__r<_~ _ City Secretary 225 CON T R ACT STATE OF TEXAS I X COUNTY OF HARRIS X WHEREAS, the City of Houston, a municipal corporation, principally situated in Harris County, Texas,hereinafter called llHOUSTONl1 and the City of West University Place, a municipal corporation situated in Harris County, Texas, hereinafter called llWEST UNIVERSITY PLACEll perceive the need to avoid unneces- sary dup 1 i cat ion of fac i lit i es and personnel in the prov is i on of emergency ambulance service in WEST UNIVERSITY PLACE and to that end wish to enter into an agreement with HOUSTON to furnish the facil ities and personnel of the Fire Department of HOUSTON for providing such emergency ambulance service as here- inafter stated, all pursuant to Article lS8lh, V.A.C.S. NOW, THEREFORE, for and in consideration of the premises, and in consideration of the sum of Three Thousand, Five Hundred and NO/100 Dollars ($3,500.00) per annum to be paid from current revenues by WEST UNIVERSITY PLACE to HOUSTON, in the time and manner hereinafter required, it is hereby expressly understood and agreed that the purposes, terms, rights, objectives, duties and responsibilities of the contracting parties are set forth as follows: l. HOUSTON a!rees to provide emergency ambulance service, personnel and facilities within the corporate limits of WEST UNIVERSITY PLACE, beginning at l2:00 a.m. on April 25, 1972, and shall con- tinue until April 26, 1974, unless such contract is earlier terminated according to the terms hereof. WEST UNIVERSITY PLACE agrees to pay and HOUSTON to accept the sum of $3,500 payable on or before April 25, 1972, and $3,500 on or before April 26, 1973. 2. HOUSTON will provide such ambulance service only after the City Commissioners of WEST UNIVERSITY PLACE have enacted an ordinance duly authorizing this contract with HOUSTON and declaring such emergency ambulance service by HOUSTON to be a governmental func- tion of WEST UNIVERSITY PLACE, and that such emergency ambulances while operating within the corporate I imits of West University Place are authorized emergency vehicles, and that the act or acts of employees of HOUSTON while engaged in the scope of their em- ployment in performing emergency ambulance service within the corporate limits of WEST UNIVERSITY PLACE shall be considered and deemed to be acting for WEST UNIVERSITY PLACE as agents and borrowed employees, and HOUSTON shall not be held liable because of the acts of its employees while providing such ambulance ser- vice pursuant to this contract. The ambulance service will be provided only as long as HOUSTON retains sole control over the personnel, equipment and direction of such service, and the rules, regulations, and ordinances of HOUSTON shall apply in connection with the furnishing of said such ambulance service. 3. That HOUSTON shall have the legal right and authority to collect its usual and authorized service fee or charge directly from each person transported by Houston Fire Department Ambulance Service, from, to or within the corporate limits of WEST UNIVERSITY PLACE. 22' 4. Notwithstanding the prOVISions of Section 2 hereof, WEST UNIVERSITY PLACE agrees, wit~out expense to HOUSTON, to obtain and cause to be kept in force at all times during the term of this con- tract, Automobile Liability Insurance issued by a company of sound and adequate financial responsibil ity, authorized to do business in the State of Texas, in the minimum amounts of $lOO,OOO.OO per person, Bodily Injury, and $300,000.00 per occurrence, and $50,000.00 per occurrence for property damage. A certificate of the required insurance coverage shall be filed with the City Secretary of Houston, and shall provide therein therein that the policy of insurance referred to in such cer- tificate shall not be subject to cancellation by the insurer after delivery of written notice by registered mail to the City of Houston at least fifteen days prior to the effective date of any such cancellation, and WEST UNIVERSITY PLACE shall within ten days prior to the effective date of cancellation provide HOUSTON with a Certificate of Insurance complying with this contract. 5. This contract may be terminated under the following condition: a. Upon written notice by either WEST UNIVERSITY PLACE or HOUS- TON thirty (30) days prior to such termination. b. Upon the failure of WEST UNIVERSITY PLACE to make the annual payments of Three Thousand, Five Hundred and NO!lOO Dollars ($3,500.00), as provided herein. c. Upon the failure of HOUSTON to provide emergency ambulance service under the terms of this contract; provided, however, that such failure shall not terminate this contract when the failure is caused by the demand for such service elsewhere in HOUSTON or WEST UNIVERSITY PLACE, or that such failure is due to any cause beyond the reasonable control of HOUSTON. d. Whenever the cost of providing such emergency ambulance ser- vice incurred by HOUSTON exceeds ten percent (lO%) the cost of the annual service fee of $3,500, HOUSTON shall have the right, upon thirty (30) days written notice to renegotiate with WEST UNIVERSITY PLACE the annual fee so as to provide a fee that will equal the cost of such service to HOUSTON, as determined by generally accepted accounting principals. 6. Upon the termination of this contract prior to the expiration date of April 26, 1974, WEST UNIVERSITY PLACE shall be refunded an amount, prorated in monthly units, equal to the unexpired amount of the annual service fee for the year this contract is terminated 227 This contract has been executed on behalf of HOUSTON by its Mayor and attested by its City Secretary on the day of April, 1972, and has been executed on behalf of WEST UNIVERSITY PLACE and attested by its City Secretary on the 24th day of April, 1972, in dupl icate originals, both of equal force. ATTEST: CITY OF HOUSTON By COUNTERSIGNED: City Controller ATTEST: CITY OF WEST UNIVERSITY PLACE Isl Lee Lockard Assistant City Secretary By /s/ John N. Neighbors John N. Neighbors, Mayor COUNTERSIGNED: /s/ Wm. Dittert, Jr. Finance Director