HomeMy WebLinkAboutPR 14905: EMERGENCY CONTRACT WITH AMERICAN LEGION POST 7interoffice
MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark T. Sokolow, City Attorney
Date: September 4, 2008
Subject: P. R. No. 14905; Counci:L Meeting September 9, 2008
Attached is P. R. No. 14905 <~uthorizing an Emergency
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 agrE=_ement from January 1, 2009 to
December 31, 2011.
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Attachment
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P. R. No. 1490,5
09/03/08 is
RESOLUTION NO.
A RESOLUTION AUTHORIZING AN EMERGENCY CONTRACT
WITH THE AMERICAN LEGIODf 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, 2009 TO
DECEMBER 31, 2011
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, 2008; and
WHEREAS, the City Council appreciates the American Legion Post
7 and the fact that they provided i~heir facilities during Huz:rican.e
Gustav; and
WHEREAS, the City of Port Arthur desires to enter into an
Emergency Contract with the American Legion Post 7 as to provide
the use of their facility at 3750 Memorial in the case of a.n
emergency or a disaster, as delineated in Exhibit ~~A", with the
term of the Agreement from January 1, 2009 to December 31, 2011.
NOW THEREFORE, BE IT RESOLVELI BY THE CITY COUNCIL OF TEiE CITY
OF PORT ARTHUR:
Section 1. That the fact:> and opinions in the preamble ar_e
true and correct.
Section 2. That the City of Port Arthur is herein
authorized to enter into an Emergency 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
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substantially the same form as delineated in Exhibit "A", with the
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 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 CONTRACT
(01/01/09-12/31/11)
WHEREAS, the City of Port Arthur ("City") and the American
Legion Post 7 ("Company") have .an existing Agreement that was
approved by Resolution No. 07-524, which expires on December 31,
2008; and
WHEREAS, the City of Port .Arthur and the American Legion
Post 7 are herein entering into this Contract as to provide uti~e
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 timer,
provides the use of their facility to the publ=ic
at 3750 Memorial, Port Arthur, TX 77642, as we_11
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
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Legion Post 7 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, the American
Legion Post 7 agrees that the "City" or an
affiliated governmental entity can enter it:s
premises and take such services, supplieti~,
conference rooms, or the use of their entil-e
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 t<~ken, 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 Cite Official who Prospective American
services, Taken Taken authorized it use LE~gion
supplies , ErnployeEa
conference rooms, who none
or facility ii~ems
taken
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The "City" shall provide t=he American Legion Post 7 wit=h
the list within seven (7) days of the services, supplier,
conference rooms, or facility being taken.
(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 service:,
supplies, conference rooms, or use of the
facility used witYiin 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.
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(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, 2009 anal
shall continue until December 31, 2011. 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.
(7) Notice can be provided as follows:
CITY OF PORT ARTHUR
444 4t'' 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 (facsimi:Le number)
SIGNED ON this the day of
2008.
CITY OF PORT ARTHUR
BY:
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SIGNED ON this the day of 2008.
AMERICAN LEGION POST 7
BY:
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