HomeMy WebLinkAboutPR 20046: NON- EXCLUSIVE CONTRACT WITH MARKET BASKET, EMERGENCY OR DISASTER AGREEMENT, 1/1/2018-12/31/2020 P. R. No. 20046
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RESOLUTION NO.
A RESOLUTION AUTHORIZING A NON-EXCLUSIVE CONTRACT WITH
MARKET BASKET AS TO PROVIDE GROCERIES AND GOODS IN THE
CASE OF AN EMERGENCY OR DISASTER WITH THE TERM OF THE
AGREEMENT FROM JANUARY 1, 2018 TO DECEMBER 31, 2020
WHEREAS, the City Council appreciates the fact that Market Basket had entered
into an Emergency Agreement with the City, with said Agreement expiring on December
31, 2017; and
WHEREAS, the City of Port Arthur desires to enter into a non-exclusive contract
with Market Basket as to provide groceries and goods in case of an emergency, as
delineated in Exhibit "A", with the term of the Agreement from January 1, 2018 to
December 31, 2020.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City of Port Arthur is herein authorized to enter into a non-
exclusive contract with Market Basket as to provide groceries and goods in case of an
emergency, in substantially the same form as delineated in Exhibit"A", with the term of the
Agreement from January 1, 2018 to December 31, 2020.
Section 3. That a copy of the caption of this Resolution be spread upon the
Minutes of the Corporation.
READ, ADOPTED AND APPROVED on this day of December, A.D., 2017,
at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES:
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Mayor:
Councilmembers:
NOES:
Derrick Ford Freeman, Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
V6t,
Valecia R. Tizt
City Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson
Interim City Manager
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EXHIBIT "A"
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STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
EMERGENCY NON-EXCLUSIVE CONTRACT WITH MARKET BASKET
(GROCERIES AND ANCILLARY GOODS)
(01/01/18 - 12/31/20)
WHEREAS, the City of Port Arthur and Market Basket, ("Company") have an
existing Agreement that was approved by Resolution No. 14-622, which expires on
December 31, 2017; and
WHEREAS, the City of Port Arthur and Market Basket are herein entering into
this Non-Exclusive Contract as to provide groceries and ancillary goods in case of a
disaster; and
WHEREAS, a disaster is one that is declared by the Mayor, the County Judge,
the Governor, or by the President, for the area encompassing the City of Port Arthur.
NOW THEREFORE, the City of Port Arthur and the Company agree as follows:
(1) The Company presently provides groceries and ancillary goods to
the public at 5897 West Port Arthur Road.
(2) The prices for the groceries and ancillary goods may change due to
fluctuations of supply and demand. The Company agrees to
provide the City with updated price lists and inventories as
reasonably requested and as needed for planning of disasters.
(3) In case of a declared disaster or at the time that an evacuation is
recommended by the Mayor, the Company agrees that the City of
Port Arthur or an affiliated governmental entity can enter its
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premises and take such groceries and ancillary goods for the
disaster on the following conditions:
(a) The City of Port Arthur or the affiliated governmental
entity shall maintain a list of all specific groceries and
ancillary goods taken, with the time and date it was
taken, who authorized the taking, and the prospective
use.
Description ofDate I Time City Official who Prospective
groceries and ancillary Taken Taken authorized it use
goods
The City of Port Arthur shall provide the Company with a list
within ten (10) days of the groceries and ancillary goods that
have been taken.
(b) The City of Port Arthur will not be charged for perishable
groceries so long as said groceries are used for the disaster.
(c) The City of Port Arthur will pay for the non-perishable goods
at the price for the non-perishable goods which was
advertised ten (10) days prior to the declaration of disaster.
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(d) The City of Port Arthur shall pay for the non-perishable
goods used within twenty (20) days after the provider
provides an itemized invoice, with a certification that the
price being charged is at or below the posted price.
(e) The provider has given or will give a key to the City of Port
Arthur, which will only be utilized by the City for access to
the building during an emergency or disaster. The Provider
will be notified of such entry as soon as practical.
(4) In case of a disaster, the City of Port Arthur has the option to
secure the premises and provide emergency electricity to the
premises at the cost of the City.
(5) It is at the sole discretion of the City as to whether to obtain
groceries or ancillary goods from any particular provider.
(6) This Agreement commences on January 1, 2018 and shall continue
until December 31, 2020. It can be terminated with thirty (30)
days notice by any party. Nevertheless, it cannot be terminated by
the provider during the period of the disaster.
(7) Notice can be provided as follows:
CITY OF PORT ARTHUR
444 4th Street
Port Arthur, TX 77640
ATTN: City Manager
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PROVIDER:
Market Basket
5897 W. Port Arthur Road
Port Arthur, TX 77640
(409) 736-2843 (phone number)
(409) 736-2337 (facsimile number)
SThompson@MBFoods.com (e-mail address)
SIGNED ON this the day of , 2017.
CITY OF PORT ARTHUR
By:
Harvey Robinson
Interim City Manager
SIGNED ON this the day of , 2017.
MARKET BASKET
By:
Print Name:
Title:
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