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Home My WebLink AboutPR 15237: DRD PAT HOTEL, LTD D/B/A HOLIDAY INN-PARK CENTRALInteroffice MEMORANDUM To: Mayor, City Council and City Manager From: Mark Sokolow, City Attorney /`2„,/j ~Lv~6'~~ Date: May 29, 2009 Subject: P. R. No. 15237; Council Meeting June 2, 2009 Attached is P. R. No. 15237 authorizing the execution of an agreement with DRD PAT Hotel, LTD d/b/a Holiday Inn - Park Central. This was tabled at the May 19, 2009 Council Meeting. This will need to be removed from the agenda as the Holiday Inn has not concurred with the terms. MTS:gt Attachment cc: VIA FACSIMILE (409) 724-7644 Holiday Inn - Park Central 2929 Jimmy Johnson Blvd. Port Arthur, TX 77642 z.pr15237-memo2 P. R. No. 1523"1 05/13/09 gt RESOLUTION NO. A RESOLUTION AS IT PERTAINS TO AN AGREEMENT WITH DRD PAT HOTEL, LTD D/B/A/ HOLIDAY INN - PARK CENTRAL WHEREAS, it is now deemed in the best interests of the citizens for the City and DRD PAT Hotel, LTD d/b/a Holiday Inn - Park Central to enter into an Agreement, in substantially the same form as attached hereto as Exhibit "A" 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 an Agreement with DRD PAT Hotel, LTD d/b/a Holiday Inn - Park Central for services during a disaster and as it pertains to the purchase of two (2) generators for use during a declared disaster, as delineated in substantially the same form as attached hereto as Exhibit "A", at a cost not to exceed $600,000, with the Holiday Inn contributing % of the cost thereof, not to exceed $300,000. Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2009, at a Meeting of the City Council of z.pr15237 the City of Port Arthur, by the following vote: AYES: Mayor Councilmembers NOES: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: ~~ ~~ CITY ATTORNEY APPROVED FOR ADMINISTRATION: CIT-~~AN~/~' AGER ,// APPROVED AS TO THE AVAILABILITY OF FUNDS: y~- -- -- DIpRECTOR OF FINANC~~~~,~ n96DQ~" sk L~r7~6[/L !" z.pr15237 STATE OF TEXAS § COUNTY OF JEFFERSON § CONTRACT WHEREAS, the City of Port Arthur and DRD PAT Hotel, LTD d/b/a Holiday Inn - Park Central are herein entering into this Contract as to provide services, supplies, accommodations or conference rooms in case of a disaster and to provide for the purchase of generators that can be utilized therein; and WHEREAS, a disaster is one that is declared by the Mayor, the County Judge, the Governor, or by the President, for cne 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, supplies, accommodations, or conference rooms to the public at 2929 Jimmy Johnson Blvd., Port Arthur, TX 77642. (2) The prices for the services, supplies, accommodations, or conference rooms 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.generator_contract_holiday inn_2009 1 (3) In case of a declared disaster, the Company agrees that the "City" or an affiliated governmental entity can enter its premises and take such services, supplies, accommodations, and/or conference rooms for the disaster and for the City's possible use as an emergency operations center on the following conditions: (a) The "Company" and the City of Port Arthur or the affiliated governmental entity shall maintain an agreed list of all specific services, supplies, accommodations, or conference rooms taken, with the time and date it-was taken, who authorized the taking, and the prospective use. Description o£ Date Time City Official who use services, Taken Taken authorized it supplies, accommodations, or conference rooms ~ z z.generator_contracC_holiday inr_2009 The "City" shall provide the Company with the Agreed list within seven (7) days of the services, supplies, accommodations, and/or conference rooms being taken. (b) The "City" will pay for the services, supplies, accommodations, and/or conference rooms at the price for the services, supplies, accommodations, or conference rooms, which was advertised ten (10) days prior to the declaration of disaster. (c) The "City" shall pay for the services, supplies, accommodations, and/or conference rooms used within twenty (20) days after the provider 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 use the facility for its emergency management center and to house emergency personnel, city officers, employees and guests. It is at the sole discretion of the City as to whether to obtain services, supplies, accommodations, and/or conference rooms from any particular provider. The Company will notify its z.generator_contract_holiday inn_2009 3 other customers that their reservations can be cancelled in case of a disaster in that the City has the primary option as to use the entire facility in case of a disaster. If the City does not plan to utilize the hotel during a disaster, the City shall promptly notify the Company so that the hotel can be utilized for other customers. (5) The City and the Company agree that it would be prudent for the City to purchase and obtain two 600 Kw bi-fuel generators that can be connected to the Southern Union Gas lines as well as powered by diesel fuel. The Company agrees that it will contribute 54 the cost thereof for the purchase and installation, not to exceed $300,000 so long as the City agrees that the generators will be located adjacent to the Holiday Inn facility during the term of this agreement. It is expected the generators will cost approximately $600,000. (6) During periods when there is not a disaster, the Company is expected to maintain the generators and the Company can utilize the generators during periods of temporary electrical outages. The generators will be maintained by the Company at its cost so that it can be ready to be used in 4 z.generator_contract_holiday in,-i_2009 case of a disaster and the reserve diesel tanks will be kept full and replenished by the Company and the Company will perform the recommended inspection cycles, shut downs and start ups. All costs ancillary thereto will be paid by the Company. (7) During periods when there is a disaster and when the City is occupying the hotel, the City and the Company will cooperate as to maintain the generators. The City will pay for all costs of fuel in excess of the normal costs that the Company would have expected to incur if the Company was obtaining electricity from Entergy or their main electrical supplier and the City will pay all other ancillary costs to connect or to utilize the generators that may be necessary as a result of the weather conditions causing the disaster. (g) The City and the Company will list the generators on its equipment list for insurance as to protect against loss as a result of vandalism, fire or similar casualties in the amount of $600,000 or the purchase price whichever is less. s z.generatoz_contract_holiday inn_2009 (9) This agreement commences from June 1, 2009 and shall continue until June 1, (10) It can be terminated by either party with six months notice without cause. (11) This agreement can also be terminated with thirty days notice by the City of Port Arthur if the total cost of the purchase and installation as well as other ancillary connection costs exceeds $600,000. (12) If the Company seeks to terminate this agreement, the City will be entitled to remove said generators. (13) If the City seeks to terminate this agreement, then the City will pay the company 34 of the depreciated cost of the generators, not to exceed the Company's contribution for the generators and the City shall pay for all costs to remove said generators as the City takes possession thereof. (14) Notices can be provided as follows: CITY OF PORT ARTHUR 444 4th Street Port Arthur, TX 77640 ATTN: City Manager (409) 983-8100 z.generator_contract_holiday inn_2009 6 PROVIDER: Holiday Inn - Park Central 2929 Jimmy Johnson Blvd. Port Arthur, TX 77642 (409) 724-5000 (409) 724-7644 (facsimile number) ptapc@attglobal.net (e-mail address of general manager) 2009. SIGNED ON this the day of CITY OF PORT ARTHUR BY: 2009. SIGNED ON this the day of DRD PAT HOTEL, LTD D/B/A HOLIDAY INN - PARK CENTRAL BY: z.generator_contract_holiday inn_2009 ~