HomeMy WebLinkAboutPR 20045: LEGION POST 7 CONTRACT P. R. No. 20045
12/6/17 gt
RESOLUTION NO.
A RESOLUTION AUTHORIZING A NON-EXCLUSIVE CONTRACT WITH
THE AMERICAN LEGION POST 7 AS TO PROVIDE THE USE OF THEIR
FACILITY AT 3750 MEMORIAL 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 the American Legion Post 7
had entered into an Emergency Agreement with the City, with said Agreement expiring on
December 31, 2017; and
WHEREAS, the City Council appreciates the American Legion Post 7; and
WHEREAS, the City of Port Arthur desires to enter into a non-exclusive contract
with the American Legion Post 7 as to provide the use of their facility at 3750 Memorial in
the case of an emergency or a disaster, 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 the American Legion Post 7 as to provide the use of their facility at
3750 Memorial in the case of an emergency or a disaster, in substantially the same form as
delineated in Exhibit "A", with the term of the Agreement from January 1, 2018 to
December 31, 2020.
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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:
Mayor: ,
Councilmembers: ,
NOES: .
Derrick Ford Freeman, Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
I. I'/ /. �
Valecia '! Ti -np1
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
(01/01/18 - 12/31/20)
WHEREAS, the City of Port Arthur ("City") and the American Legion Post 7
("Company") have an existing Agreement that was approved by Resolution No. 14-621,
which expires on December 31, 2017; and
WHEREAS, the City of Port Arthur and the American Legion Post 7 are herein
entering into this Non-Exclusive Contract as to provide use of their facilities 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 American Legion Post 7
agree as follows:
(1) The American Legion Post 7 presently, at times, provides the use of
their facility to the public at 3750 Memorial, Port Arthur, TX 77642,
as well as assist former members and active members of the armed
forces.
(2) The prices for the services, supplies, conference rooms, or the
facility may change due to fluctuations of supply and demand. The
American Legion Post 7 agrees to provide the City with updated
price lists and inventories as reasonably requested and as needed
for planning of disasters.
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(3) In case of a declared disaster, the American Legion Post 7 agrees that
the "City" or an affiliated governmental entity can enter its premises
and take such services, supplies, conference rooms, or the use of
their entire facility for the disaster on the following conditions:
(a) The American Legion Post 7 and the City of Port
Arthur or the affiliated governmental entity shall
maintain a list of all specific services, supplies,
conference rooms taken, or other uses of their facility,
with the time and date it was taken, who authorized
the taking, and the prospective use.
Description of Date Time City Official who Prospective American
services, supplies, Taken Taken authorized it use Legion
conference rooms, Employee
or facility who
noted
items
taken
The "City" shall provide the American Legion Post 7 with the list within seven (7)
days of the services, supplies, conference rooms, or facility being taken.
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(b) The "City" will pay for the services, supplies, conference
rooms, or facility taken at the price for the services, supplies,
conference rooms or use of facility, which was advertised or
charged to the public ten (10) days prior to the declaration
of disaster.
(c) The "City" shall pay for the services, supplies, conference
rooms, or use of the facility used within thirty (30) days after
the American Legion Post 7 provides an itemized invoice,
with a certification that the price being charged is the posted
price.
(4) In case of a disaster, the "City" 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, supplies, conference rooms, or use of all or any portion of
a facility from any particular provider.
(6) This agreement commences from January 1, 2018 and shall
continue until December 31, 2020. It can be terminated with thirty
(30) days notice by either party. Nevertheless, it cannot be
terminated by the American Legion Post 7 during the period of the
disaster.
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(7) Notice can be provided as follows:
CITY OF PORT ARTHUR
444 4th Street
Port Arthur, TX 77640
ATTN: City Manager
(409) 983-8100
PROVIDER:
American Legion Post 7
3750 Memorial
Port Arthur, TX 77642
(409) 983-6931
(409) 983-5271 (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.
AMERICAN LEGION POST 7
By:
Print Name:
Title:
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