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HomeMy WebLinkAboutRES 99-184 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Interim City Manager be and he is hereby authorized to execute an agreement with Lamar University's Center for Industrial Fire and Hazardous Materials Training for use of the equipment and facilities at the City of Beaumont Fire/Rescue Training Center. The agreement is substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the ,��day of c ' 1999. - Mayor - Leasing Agreement between the City of Beaumont and the Board of Regents,The Texas State University System on behalf of Lamar University Public Services and Continuing Education The Center for Industrial Fire and Hazardous Materials Training Beaumont,Texas September 1, 1999--August 31, 2000 Therefore,the City of Beaumont and Lamar University,all located in Jefferson County,Texas agree to the following for their mutual benefit. 1) That Lamar University's portable building"MB3-0851" and Center for Industrial Fire and Hazardous Materials Training offices(two office modules each 70'X14)be located at the City of Beaumont Fire/Rescue Training Center as presently situated. 2) That the Lamar University's Center for Industrial Fire and Hazardous Materials Training shall use these combined facilities for offices,classrooms and storage. 3) That the University's Center for Industrial Fire and Hazardous Materials Training shall be given fast choice to schedule through the City of Beaumont Fire/Rescue Department the use of the fire training grounds,rescue and hazardous materials training projects at the City of Beaumont Fire/Rescue Training Center. 4) That Lamar University,Center for Industrial Fire and Hazardous Materials Training, will pay the City of Beaumont a flat fee of twenty thousand dollars per month ($20,000)for twelve months for: the location of its office, classroom and storage facilities; the use of the fire training grounds;the use of the dome room and other facilities at the field for training;the use of hazardous materials projects; and rescue projects for its year round training contracts and public open enrollment courses. 5) That the monthly payment of$20,000 will be based on the unimpeded use of all firefighting, rescue and hazardous materials training projects as scheduled by Lamar University for Industrial Fire and Hazardous Materials Training. In the event that full utilization of all projects is not possible because of poor maintenance,or a closing of projects by the City of Beaumont or by regulatory agencies rendering them unusable,the payments(s)for that time period will be adjusted to reflect the loss of such training projects. The equitable adjustment of the payment(s) shall be negotiated by Lamar University Cuter for Industrial Fire and Hazardous Materials Training and the City of Beaumont and shall be mutually agreed upon. 6) The City of Beaumont will supply at no cost the metered and unmetered electrical power; metered potable water,the water consumed for firefighting purposes;the treatment/separation of the used water and fuels;the safe upkeep of the grounds,mowing of the grass,edging of grass;painting of projects; and maintaining the paved and unpaved roads and parldng lots by the City to acceptable National,State,and City standards and applicable codes. 7) The firefighting,rescue and hazardous materials training projects shall be maintained on a scheduled basis. Lamar University Center for Industrial Fire and Hazardous Materials Training staff will assist the City of Bit by furnishing a written report as to the condition and the repairs needed to assure the safe operation of each project. 8) The Lamar University Center for Industrial Fire and Hazardous Materials Training will famish fuels required to conduct their scheduled classes,one half of the diesel fuel to power the fire water pump(s),assistance in the design/nnprovement of fire field training projects,and other assistance to be determined on a case by case basis as needed EXHIBIT "A" 9) Lamar University will assume financial responsibility for any spills incurred as a result of negligence on the part of any person employed by Lamar University. The Beaumont Fire/Rescue Service will assume responsibility for all other such occurrences. 10) The week long Lamar University 31st Annual Emergency Response Training School will be addressed under a separate agreement. 11) This agreement is in force for a period of one year beginning September 1, 1999 through August 31,2000. 12) This agreement may be canceled by either party with written notification one hundred and eighty(180)days prior to cancellation. However,the City may terminate this agreement at any time upon ten (10)days written notification for failure to pay the twenty thousand dollars ($20,000)per month fee. Lamar University may terminate upon thirty(30)days notice upon the City's breach of this agreement,provided the City is first given ten(10)days notice of its deficiency and thus given the opportunity to correct the said deficiencies. 13) The terms of this agreement may be reviewed by the parties involved and amended by mutual agreement. 14) In February 2000 this agreement will be reviewed by both parties for the purpose of negotiating changes for the FY 2000-2001 agreement. APPLICABLE LAW This Agreement shall be constructed under and in accordance with the laws of the State of Texas,and all obligations of the parties created by this Agreement are performable in Travis County,Texas. ATTEST: Lamar University The Center for Industrial Fire And Hazardous Materials Training Mr. Ray A. Riley John Hubacek,Director City Manager The Center for Industrial Fire City of Beaumont And Hazardous Materials Training Lamar University Seal(if incorporated) Janice Trammell,Executive Director of Public Services and Cont.Ed,Lamar University Examined,Approved,and Recommended: Dr.William R Johnson,Interim President Lamar University ATTEST: Chairman,Local Committee Chancellor Chairman,Board of Regents The Texas State University System The Texas State University System