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MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark T. Sokolow, City Attorney ~~t,(,~,,,~(
Date: September 4, 2008
Subject: P. R. No. 14904; Council Meeting September 9, 2008
Attached is P. R. No. 14904 authorizing an Emergency
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 disa::ter
with the term of the agreement from January 1, 2009 to December
31, 2011.
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Attachment
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P. R. No. 14904
09/03,/08 t;s
RESOLUTION NO.
A RESOLUTION AUTHORIZING AN EMERGENCY CONTRACT
WITH DERRICK OIL COMPANY AS TO PROVIDE
SERVICES, FUEL, LUBRICiANTS, 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, 2009 TO DECEN~ER 31, 2011
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, 2008; and
WHEREAS, the City Council appreciates Derrick Oil Company and
the fact that they provided fuel during Hurricane Gustav; and
WHEREAS, the City of Port Arthur desires to enter into an
Emergency 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, 2009 t.o
December 31, 2011.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TFiE CITY
OF PORT ARTHUR:
Section 1. That the factti; and opinions in the preamble az-e
true and correct.
Section 2. That the City of Port Arthur is herein
authorized to enter into an Emergency Contract with Derrick Oil
Company as to provide services, fuel, lubricants, tanks, t=rucks,
z.pr14904
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 F,greement 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 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:
Mayor.
ATTEST:
TERRI HANKS, ACTING CITY SECRETAR'i~
APPROVED AS TO FORM:
~~~
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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EXHIBIT "A"
STATE OF TEXAS ~
COUNTY OF JEFFERSON §
EMERGENCY (:ONTRACT
(01/01/09-12/31/11)
WHEREAS, the City of Port Arthur and Derrick Oil Company,,
("Company") have an existing Agreement that was approved by
Resolution No. 07-520, which expires on December 31, 2008; and
WHEREAS, the City of Port Arthur and Derrick Oil Company
are herein entering into this 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, truc}~s, goods, and equipment to
the public at 947 Procter Street and 1349 Austin
Avenue.
(2) The prices for the services, fuel, lubricant:,
tanks, trucks, goods, a:r~d equipment may change due
to fluctuations of supply and demand. The Company
agrees to provide the City with updated price
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lists and inventories a;~ 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, th~?
Company agrees that the City of 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 Part 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
services, fuel,
lubricants, tanks,
trucks, goods and
equipment Date
Taken Time
Taken City Official who
authorized it Prospective
use
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The City of Port Arthur shall provide the=
Company with a lisi~ 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 t]~e price for the services,
lubricants, tankti~, trucks, goods, and
equipment, which were advertised or posted
ten (10) days prior: to the declaration of the
disaster. The City will be charged for th.e
fuel, which was advertised or posted on tree
day the fuel is to};en.
(c) The City of Port Arthur shall pay for the
services, fuel, lubricants, tanks, truck;>,
goods, and equipment used within thirty (3Cl)
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
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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, t:he 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 disc;retion of the City as to
whether to obtain services, fuel, lubricants,
tanks, trucks, goods, and equipment from an.y
particular provider.
(6) In anticipation of an imminent emergency, the
provider may also, at their discretion, provide
for goods and services i~hat are immediately needed
therefore, as requested by the City Manager.
(7) This Agreement commences on January 1, 2009 and
shall continue until December 31, 2011. It can k~e
terminated with thirty (30) days notice by any
party. Nevertheless, :it cannot be terminated key
the provider during the period of the disaster.
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(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 2008.
CITY OF PORT ARTHUR
BY:
SIGNED ON this the
day of
2008.
DERRICK OIL COMPANY
BY:
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