On joint motion of all Councilmembers present, the following resolution was offered:
RESOLUTION NO. 111587
A resolution authorizing and approving the Agreement By the Louisiana Stadium & Exposition District To Advance Funding With Reservation of Rights (the “LSED Agreement”) between the Louisiana Stadium & Exposition District (“LSED”), Gibbs Construction, L.L.C. (“Gibbs”), N-Y Associates, Inc. (“N-Y”), L’Aquis Consulting Engineers (“LACE”) and the Parish of Jefferson (“Jefferson”) with respect to the Public Works Contract for the Alario Center Expansion (the “Project”).
WHEREAS, LSED is the owner of the Alario Center and Jefferson is the manager of the Alario Center.
WHEREAS, Jefferson entered into a design contract with N-Y dated February 21, 2005 for the design of the Alario Center Expansion located in Westwego, Louisiana (hereinafter "the Project" or the “Facility”);
WHEREAS, Jefferson entered into a construction contract with Gibbs dated January 22, 2007 for construction of the Project (the “Contract”);
WHEREAS, a portion of the Project includes installation of 2 portable basketball court floors for use by the New Orleans Hornets (“Hornets”);
WHEREAS, certain problems have arisen with regard to the suitability of the basketball floors for use by the Hornets;
WHEREAS, the cause of the flooring problems has not yet been determined but an investigation has begun in an attempt to determine the cause;
WHEREAS, the LSED has authorized the expenditure of up to $69,300 to pay for the services of Horner Manufacturing to recondition the original 2 basketball courts and to then return those two basketball courts to the Alario Center, for reinstallation;
WHEREAS, a Work Change Directive (“WCD”) addressing the reconditioning and reinstallation of the two basketball floors has been or will be issued in accordance with the terms and conditions of the Contract;
WHEREAS, in order to avoid delay and disruption to the Hornets’ use of the Facility, LSED has agreed to advance certain funds toward the costs of the floor reconditioning.
NOW, THEREFORE, BE IT RESOLVED by the Jefferson Parish Council of Jefferson Parish, Louisiana, acting as governing authority of said Parish:
SECTION 1. That the Parish Attorney and Burglass & Tankersley, L.LC. are hereby authorized on behalf of Jefferson Parish and the Jefferson Parish Council, to agree to the proposed LSED Agreement tentatively agreed upon between the Parish of Jefferson and LSED, Gibbs, LACE, and N-Y and to issue or authorize the issuance of any WCD or other directions pursuant to the terms of the Contract that the Parish Attorney and Burglass & Tankersley, L.LC. may deem necessary with respect to the reconditioning, return, and reinstallation of the floors, any potential modifications recommended to address long term solutions for the flooring problem, or the completion of the Contract.
SECTION 2. That the Chairman of the Jefferson Parish Council, or in his absence the Vice-Chairman, is hereby authorized to sign an advance funding agreement, with such terms and conditions as recommended by the Parish Attorney and Burglass and Tankersley, L.L.C., by and between LSED, Gibbs, N-Y, LACE, and Jefferson Parish, to approve all documents necessary to effectuate the LSED Agreement tentatively agreed upon between the Parish of Jefferson and/or LSED, Gibbs, LACE and N-Y and that the General Manager of the Alario Center is authorized to sign any and all WCD’s approved by the Parish Attorney and Burglass and Tankersley, LLC that they may deem necessary in connection with the flooring problem or the completion of the Contract.
The foregoing resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: 7 NAYS: None ABSENT: None
The resolution was declared to be adopted on this the 14th day of January, 2009
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