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Home My WebLink AboutPR 14901: EMERGENCY CONTRACT WITH JBS PACKINGinteroffice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark T. Sokolow, City Ai~torney /~,.,,~ ~1~Y1~-~ Date: September 4, 2008 Subject: P. R. No. 14901; Council Meeting September 9, 2008 Attached is P. R. No. 14901 authorizing an Emergency Contract with JBS Packing, Inc. as to provide services, supplies, or trucks in the case of an emergency or disaster with the term of th.e Agreement from January 1, 2009 to December 31, 2011. MTS:ts Attachment z.pr14897 memo P. R. No. 14901 09/03/08 is RESOLUTION NO. A RESOLUTION AUTHORIZING4 AN EMERGENCY CONTRACT WITH JBS PACKING, INC. A,S TO PROVIDE SERVICES, SUPPLIES, OR TRUCKS IN THE CASE OF AN EMERGENCY OR DISASTER 'WITH THE TERM OF THE AGREEMENT FROM JANUARY 1., 2009 TO DECEMBER 31, 2011 WHEREAS, the City Council appreciates the fact that JBS Packing had entered into an Emergency Agreement with the City, with said Agreement expiring on December 31, 2008; and WHEREAS, the City Council appreciates JBS Packing; and. WHEREAS, the City of Port Arthur desires to enter into an Emergency Contract with JBS Packing, Inc. as to provide services, supplies, or trucks in case of <~n emergency or a disast~=r, as delineated in Exhibit "A", with the term of the Agreement from January 1, 2009 to December 31, 2011. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THfE CITY OF PORT ARTHUR: Section 1. true and correct. Section 2. That the facts and opinions in the preamk~le are That the Cit=y of Port Arthur is herein authorized to enter into an Emergency Contract with JBS Packing, Inc. as to provide services, supplies, or trucks in 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, 2009 to December 31, 2011. z.pr14901 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 A.D., 2008, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor NOES: MayoY~ ATTEST: TERRI HANKS, ACTING CITY SECRETAR`.~ APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.pr14901 EXHIBIT "A" STATE OF TEXAS ~ COUNTY OF JEFFERSON ~ EMERGENCY CONTRACT WI7CH JBS PACKING, INC. (01/01/09-12/31/11) WHEREAS, the City of Port Arthur and JBS Packing, Inc. have an existing agreement that was approved by Resolution No. 07-521 which expires on December 31, 200E3; and WHEREAS, the City of Port Arthur and JBS Packing, Inc. ("Company") are herein entering into this contract as to provide services, supplies, or trucks in ease 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 ~>rovides for the collection and distribution of shrimp, with transport being m<~de by refrigerated trucks. (2) The prices for the shrimp 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. z.emergency contract_jbs packing_2009 1 (3) In case of a declared disaster, the Company agrees that the City of Port Arthur- or an affiliated governmental entity can enter its pY•emises and take such 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 goods taken, with the time and date it was taken, who authorized the taking, acid the prospective use. Description of goods Date Taken Time Taken City Official who authorized it Prospective use The City of Port Arthur shall provide the Company with a list within ten (10) days of the services, supplies, or accommodations that have been taken. (b) The City of Port .Arthur will not be charged for perishable goods u~p to 500 lbs. so long as said perishable goods are used for the disaster. (c) The City of Port Arthur will pay for they non- perishable goods or perishable goods in excess o~f z.emergency contract_jbs packing_2009 2 500 lbs. at the price for the goods, which was advertised ten (10) days prior to the declaration of disaster. (d) The City of Port Arthur shall pay for the=_ non- perishable goods and perishable goods in excess of 500 lbs. 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. (4) In case of a disaster, the City of Port Arthur has the option to secure the premises and provide emergency electricity to the prem~'.ses at the cost of the City. (5) If trucks are available as determined by J.B.S. Packing, Inc., the City of Port Arthur will a:Lso be allowed to use such x-efrigerated trucks during th.e emergency and to also take such trucks to the Emergency Operations Command Post. The trucks are to be driven only by JBS personnel unless said personnel are unavailable, in which case the City shall be responsible for all damages occasioned to the trucks in transit and shall Indemnify and Hold JBS harmless from any and all claims, demands, causes of action or damages (including attorney fees and costs), brought against or suffered by JBS as a result of th.e z.emergency contract_jbs packing_2009 3 use, possession or operation of said truck, without regard to whether the claim demand, cause of action or damages sound in or are alleged to have been caused by negligence, breach of contract, suit in equity, breach of statutory duty or any other theory or basis. (6) It is at the sole discretion of the City as to whether to obtain goods from any particular provider. (7) This agreement commencer from January 1, 2009 ands shall continue until December 31, 2011. 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 JBS Packing, Inc. P. O. Box 399 Port Arthur, Texas 7764() (409) 982-3216 (409) 982-9114 (facsimile number) z.emergency contract_jbs packing_2009 4 SIGNED ON this the day of 2008. CITY OF PORT ARTHUR BY: SIGNED ON this the day of JBS PACKING, INC. BY: 2008. z.emergency contract_jbs packing_2009 5