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HomeMy WebLinkAboutPR 19292: CONTRACT WITH JBS PACKING, INC. P. R. No . 19292 2/1/16 gt RESOLUTION NO. A RESOLUTION AUTHORIZING A NON-EXCLUSIVE CONTRACT WITH JBS PACKING, INC. AS TO PROVIDE SERVICES, SUPPLIES, OR TRUCKS IN THE CASE OF AN EMERGENCY OR DISASTER WITH THE TERM OF THE AGREEMENT FROM MARCH 6, 2016 TO MARCH 5 , 2018 WHEREAS, the City Council appreciates the fact that JBS Packing had entered into an Emergency Agreement with the City, with said Agreement expiring on March 5, 2016; and WHEREAS, the City of Port Arthur desires to enter into a non- exclusive contract with JBS Packing, Inc. as to provide services, supplies, or trucks in case of an emergency or a disaster, as delineated in Exhibit "A", with the term of the Agreement from March 6, 2016 to March 5, 2018 . 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 a non-exclusive 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 March 6, 2016 to March 5, 2018 . s.pr19292 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 February, A. D. , 2016, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES : Mayor: Councilmembers : NOES: Mayor ATTEST: CITY SECRETARY APPROVED AS TO FORM: C TY ATTORN APPROVED FOR ADMINISTRATION: CITY MANAGER s.pr19292 EXHIBIT "A" STATE OF TEXAS § COUNTY OF JEFFERSON § EMERGENCY CONTRACT WITH JBS PACKING, INC. (3/6/2016 - 3/5/2018) WHEREAS, the City of Port Arthur and JBS Packing, Inc have an existing agreement that was approved by Resolution No. 14-086 which expires on March 5, 2016; 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 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 for the collection and distribution of shrimp, with transport being made 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 . s.emergency contract_jbs packing_2016 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 premises 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, and the prospective use . Description of Date Time City Official who Prospective goods Taken Taken authorized it 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 up to 500 lbs . so long s.emergency contract_jbs packing_2016 2 as said perishable goods are used for the disaster. (c) The City of Port Arthur will pay for the non- perishable goods or perishable goods in excess of 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 premises 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 also be allowed to use such refrigerated trucks during the emergency and to also take such trucks to the Emergency Operations Command Post . The trucks are s.emergency contract jbs packing 2016 3 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 the 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 commences from March 6, 2016 and shall continue until March 5, 2018 . 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. s.emergency contract_jbs packing_2016 4 (8) Notice can be provided as follows : CITY OF PORT ARTHUR 444 4th Street Port Arthur, TX 77640 ATTN: City Manager PROVIDER: JBS Packing, Inc. P. 0. Box 399 Port Arthur, Texas 77640 (409) 982-3216 (409) 982-9114 (facsimile number) SIGNED ON this the day of , 2016. CITY OF PORT ARTHUR BY: PRINT NAME: TITLE: SIGNED ON this the day of , 2016. JBS PACKING, INC. BY: PRINT NAME: TITLE: s.emergency contract jbs packing 2016 5