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MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark T. Sokolow, City A1~torney ~,,,~
Date: September 4, 2008
Subject: P. R. No. 14902; Council Meeting September 9, 2008
Attached is P. R. No. 14902 authorizing an Emergency
Contract with Market Basket as to provide groceries and goods in.
the case of an emergency or disasi~er with the term of the
agreement from January 1, 2009 to December 31, 2011.
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Attachment
z.pr14902 memo
P. R. No. :L4902
09/03/08 is
RESOLUTION NO.
A RESOLUTION AUTHORIZING iAN EMERGENCY 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,
2009 TO DECEMBER 31, 2011.
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, 2008; and
WHEREAS, the City Council appreciates Market Basket anal they
fact that they provided food during Hurricane Gustav for essential_
personnel; and
WHEREAS, the City of Port Arthur desires to enter into arl
Emergency 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, 2009 to December 31,
2011.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TH:E CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamk~le are
true and correct.
Section 2. That the City of Port Arthur is herein
authorized to enter into an Emergency Contract with Market Basket
as to provide groceries and goods in case of an emergency, _~n
substantially the same form as delineated in Exhibit "A", with tl~e
z.14902
term of the Agreement from January 1, 2009 to December 31, 2011.
Section 3. That a copy of the caption of this Resolution
be spread upon the Minutes of the C'.orporation.
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 fo7_lowing vote: AYES:
Mayor
NOES:
Mayor
ATTEST:
TERRI HANKS, ACTING CITY SECRETARY'
APPROVED AS TO FORM:
'~ ~
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
z.14902
EXHIBIT "A"
STATE OF TEXAS ~
COUNTY OF JEFFERSON ~
EMERGENCY CONTRACT WITH MARKET BP,SKET
(GROCERIES AND ANCILLARY GOODS)
(01/01/09 -12/31/11)
WHEREAS, the City of Port Arthur and Market Basket,
("Company") have an existing Agreement that was approved by
Resolution No. 07-522, which expires on December 31, 2008; and
WHEREAS, the City of Port Arthur and Market Basket are
herein entering into this 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 ar.~d
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 Ci~~y
with updated price ]_ists and inventories as
reasonably requested and as needed for planning of
disasters.
z.emergency contract_Market Basket_2009 1
(3) In case of a declared disaster or at the time that
an evacuation is recommended by the Mayor, the
Company agrees that the C'.ity of Port Arthur or an
affiliated governmental entity can enter its
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 of
groceries and
ancillary goods Date
Taken Time
Taken City Official who
authorized it Prosp~ectiv~e
use
The City of Port Arthur shall provide t]~e
Company with a li st within ten (10) days of
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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 'Eor 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.
(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 postE>d
price.
(e) The provider has given or will give a key t=o
the City of Port Arthur, which will only be
utilized by the City for access to t]ze
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 h.as
the option to secure the premises and provide
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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 commence~~ on January 1, 2009 and.
shall continue until DecE:mber 31, 2011. It can be
terminated with thirty (30) days notice by any
party. Nevertheless, iii 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
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)
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z.emergency contract_Market Basket_2009
SIGNED ON this the day of 2008.
CITY OF PORT ARTHUR
BY:
SIGNED ON this the day of= 2008.
Mp,RKET BASKET
BY:
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