No preview available
HomeMy WebLinkAboutPR 20047: NON- EXCLUSIVE CONTRACT WITH DERRICK OIL COMPANY, EMERGENCY OR DISASTER AGREEMENT, 1/1/2018-12/31/2020 P. R. No. 20047 12/6/17 gt RESOLUTION NO. A RESOLUTION AUTHORIZING A NON-EXCLUSIVE CONTRACT WITH DERRICK OIL COMPANY AS TO PROVIDE SERVICES, FUEL, LUBRICANTS, TANKS, TRUCKS, GOODS, AND EQUIPMENT AT 947 PROCTER AND 1349 AUSTIN AVENUE 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 Derrick Oil Company 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 Derrick Oil Company as to provide services, fuel, lubricants, tanks, trucks, goods and equipment at 947 Procter and 1349 Austin Avenue 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 Derrick Oil Company as to provide services, fuel, lubricants, tanks, trucks, goods and equipment at 947 Procter and 1349 Austin Avenue 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. s.pr20047 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: Mayor: Councilmembers: Noes: Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: \(-(4 Valecia R. Tiz no City Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson Interim City Manager S.pr30=7 EXHIBIT "A" STATE OF TEXAS § COUNTY OF JEFFERSON § EMERGENCY NON-EXCLUSIVE CONTRACT (01/01/18 - 12/31/20) WHEREAS, the City of Port Arthur and Derrick Oil Company, ("Company") have an existing Agreement that was approved by Resolution No. 14-623, which expires on December 31, 2017; and WHEREAS, the City of Port Arthur and Derrick Oil Company are herein entering into this Non-Exclusive Contract as to provide services, fuel, lubricants, tanks, trucks, goods and equipment 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 services, fuel, lubricants, tanks, trucks, goods, and equipment to the public at 947 Procter Street and 1349 Austin Avenue. (2) The prices for the services, fuel, lubricants, tanks, trucks, goods, and equipment 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 s.emergency contract_derrick oil_2018 1 Port Arthur or an affiliated governmental entity can enter its premises and take such services, fuel, lubricants, tanks, trucks, goods, and equipment 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 services, fuel, lubricants, tanks, trucks, goods, and equipment taken, with the time and date it was taken, who authorized the taking, and the prospective use. Description of Date Time City Official who Prospective services, fuel, Taken Taken authorized it use lubricants, tanks, trucks, goods and equipment The City of Port Arthur shall provide the Company with a list within ten (10) days of the services, fuel, lubricants, tanks, trucks, goods, and equipment that have been taken. (b) The City of Port Arthur will pay for the services, lubricants, tanks, trucks, goods, and equipment at the price for the services, lubricants, tanks, trucks, goods, and equipment, which were advertised or posted ten (10) days prior to the s.emergency contract_derrick oil_2018 2 declaration of the disaster. The City will be charged for the fuel, which was advertised or posted on the day the fuel is taken. (c) The City of Port Arthur shall pay for the services, fuel, lubricants, tanks, trucks, goods, and equipment used within thirty (30) days after the provider provides an itemized invoice, with a certification that the price being charged is at or below the posted price or advertised price. (d) The provider may, at their discretion, 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 services, fuel, lubricants, tanks, trucks, goods, and equipment from any particular provider. (6) In anticipation of an imminent emergency, the provider may also, at their discretion, provide for goods and services that are immediately needed therefore, as requested by the City Manager. s.emergency contract_derrick 011_2018 3 (7) 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. (8) Notice can be provided as follows: CITY OF PORT ARTHUR 444 4th Street Port Arthur, TX 77640 ATTN: City Manager PROVIDER: DERRICK OIL COMPANY 947 Procter Street Port Arthur, TX 77640 (409) 985-2508 (phone number) (409) 985-6678 (facsimile number) SIGNED ON this the day of , 2017. CITY OF PORT ARTHUR By: Harvey Robinson Interim City Manager SIGNED ON this the day of , 2017. DERRICK OIL COMPANY By: Print Name: Title: s.emergency contract_derrick oil_2018 4