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HomeMy WebLinkAboutRES 83-367 .03- .36 7 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to execute a contract, in the form attached hereto and made a part hereof, with the Ansul Company for use of the Fire Department Training Grounds . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 g3 . I)UL - Mayor - 9.'t -2 l n v>r, ANSUL FIRE SCHOOL AGREEMENT THIS AGREEMENT made and entered into this 8th day of August 1983 at Marinette, Wisconsin, by and between WORMALD U. S. , INC. (formerly known as The Ansul Company)(hereinafter referred to as "Ansul"), a Delaware corporation with its principal place of business at One Stanton Street, Marinette, Wisconsin and THE CITY OF BEAUMONT, TEXAS (hereinafter referred to as the "City"). WHEREAS, the City owns a fire training facility composed of approximately 27 acres in Beaumont, Texas (hereinafter referred to as "Fire Training Site"). WHEREAS, Ansul desires to use said Fire Training Site for the purpose of conducting fire training classes (hereinafter referred to as "Ansul Fire School") for non-employees of Ansul (hereinafter referred to as "Students") admitted to Ansul's Fire School; NOW, THEREFORE, it is agreed that for good and valuable consideration acknowledged and received: 1. The City shall provide to Ansul the following facilities and equipment at the City's cost for the periods of time identified in Exhibit A attached hereto and made a part hereof: (a) The Fire Training Site identified in Exhibit B attached to and made a part of this Agreement; and (b) Restroom facilities located at the Fire Training Site; and (c) Classroom and office facilities (including access to telephones) located at the Fire Training Site. The classroom facilities shall also be available to Ansul as a lunchroom 1 , 3-3�� during the noon hour during days when classes are being conducted: (d) Such fire fighting training devices and equipment as the City usually maintains at its Fire Training Site including without limitation all liquid props and liquid fire fighting props. (e) Drill grounds necessary for all manipulative training needs encountered by Ansul in preparation for and conduct of the Ansul Fire School. (f) Sufficient parking areas to accommodate the personal vehicles of Ansul's employees and Students participating in the Ansul Fire School. 2. The City shall prior to February 15, 1984 and, at its own cost, subject to Paragraph 3 hereof: (a) Improve the gravel/shell area marked in red, as depicted in Exhibit B, to add gravel/shell so as to permit movement of fire protection equipment on the identified areas. (b) Install, in addition to the existing on-off switch, a remote switch via underground wiring to be located at the gasoline hose station as depicted on Exhibit B, if feasible. 3. Ansul shall pay to the City, for use of the Fire Training Site, within 30 days of the execution of this Agreement, $5,200. If Ansul elects to increase the number of days it intends to provide training at the Fire Training Site beyond the currently contemplated use of eight (8) days, then Ansul shall pay to the City, an additional 2 $650 for each additional day it conducts training at the Fire Training Site. 4. Ansul' shall use the Fire Training Site only for the purpose of conducting fire training classes, and for the preparation of the Fire Training Site for such classes. Ansul shall be provided with reasonable access to the Fire Training Site on the days provided for preparation and clean up as set forth in Exhibit A in order to discharge its obligations and exercise its rights pursuant to this Agreement. Ansul further agrees that Students so instructed shall at all times be instructed and supervised by employees of Ansul certified by Ansul as competent instructors in fire fighting techniques. Ansul shall comply with all reasonable rules and regulations of the City in its use of the facilities consistent with the purposes of this Agreement. 5. Ansul shall provide, at its sole cost and expense, the following: (a) All instructors and all instruction materials necessary in Ansul's opinion to conduct the Ansul Fire School. (b) Fuels and extinguishing agents actually used by Ansul provided that the City shall permit Ansul, at no cost, to store such fuels and extinguishing agents at the Fire Training Site and permit Ansul to store its fuels in the Fire Training Site's fuel tanks. (c) Labor and material necessary to restore the Fire Training Site at the termination of this Agreement to the condition in which it was provided to Ansul, reasonable wear and tear excepted. 3 6. Ansul shall be responsible for and shall hold the City free and harmless from and' hereby indemnifies the City against any and all claims, damages, causes of action, loss, cost, damage and expense, including reasonable attorneys fees, arising out of or in connection with injuries (including death) to persons and damages to property sustained as a result of the sole negligence of Ansul, its agents and employees in the performance of this Agreement. 7. Ansul may terminate this Agreement b Y 9 y providing the City with ten (10) days advance written notice of such termination. The City may terminate this Agreement by providing Ansul with ten (10) days advance written notice of such termination provided that the City may not terminate this Agreement at any time after that date which is ninety (90) days prior to the date of the first scheduled fire training class as set forth in Exhibit A. In the event of termination of this Agreement, the City shall within fifteen (15) days of such termination return to Ansul any payment made by Ansul pursuant to Paragraph 3 hereof. Notices to be given hereunder shall be deposited in the United States mail., postage prepaid, certified mail, return receipt requested, addressed to the other party as follows: City of Beaumont, Texas Beaumont, Texas 77704 Attention: City Manager Wormald U. S. , Inc. Marinette, Wisconsin 54143 Attention: Kent Smith 4 8. Ansul shall carry for its benefit public liability, bodily injury, property damage and contractual liability insurance in the amount of $300,000 for each person and $500,000 for each occurrence and $50,000 property damage. The cost of said insurance policy shall be borne by Ansul. Ansul shall provide the City with a Certificate of Insurance evidencing such coverage no later than February 1, 1984. Ansul agrees to name the City of Beaumont as an additional insured as its interest may appear. 9. In the event of the inability of either party to perform under this Agreement due to causes beyond said party'.s control including by way of enumeration but not of limitation, war, fire, explosion, flood or other severe weather conditions, strike, lockout, labor trouble, accident, riot, insurrection, act of governmental authority, injunction, act of God, inability to obtain fuel, power, raw materials, labor or transportation facilities, then and in such event the disabled party shall be excused from its failure to perform under this Agreement while and to the extent so prevented, but shall resume and complete its performance after removal or cessation of such cause of failure to perform. 10. In the performance of this Agreement, Ansul is and shall remain an independent contractor maintaining complete and exclusive control over personnel it furnishes hereunder. Ansul's personnel shall at all times remain in the employment and as employees of Ansul. 11. Nothing in this Agreement shall be considered to constitute Ansul as a representative or agent of the City or the City a representative or agent of Ansul. 12. This Agreement is not assignable by either party, in whole or in part, except with the prior written consent of the other party. 5 r. 13. This Agreement shall be governed by the laws of the State of Texas. 14. This Agreement contains a complete statement of all arrangements between the parties with respect to its subject matter and cannot be changed or terminated orally. 15. This Agreement terminates on March 25, 1984. IN WITNESS WHEREOF; the parties have set their hands and seals on the day first above written. CITY OF BEAUMONT, TEXAS WORMALD U. S. , INC. By By Title: Title•Vice President, General Manager Attest: Attest: �ANSUL FIRE PROTECTION f 6 Exhibit A Schedule of Classes Beaumont, Texas Session 1 March 1-2, 1984 Session 2 March 5-6, 1984 Session 3 March 8-9, 1984 Session 4 March 12-13, 1984 Instructor/Facility Preparation: February 27, 28, 29, 1984 Instructor/Facility Clean-Up March 14-15, 1984 '} 7 7-7 — -- 1 1 CA It .i SLurtc . j T � t Sox 3C b:: - �� t ! I._�.�✓�;:_, ---�., JAY\_'', ! ID -ILLS D. Sf.>►L �',D `x FT, . _ ' f=ly ; C-SZ L IK.) a T'� I ' 1 �I 4 1 I.R I w]. I. I 1 I 1 • �• 1 1 MI ]' 1 'I• I 1 NAME AND ADDRESS OF AGENCY Reed Stenhouse Inc. of Illinois COMPANIES AFFORDING COVERAGES One South Wacker Drive COMPANY A Chicago, Illinois 6Q606 LETTER Hartford Insurance Company COMPANY i LETTER Lloyd's, London NAME AND ADDRESS OF INSURED COMPANY i Wormald U.S. . Inc. LETTER C I One Stanton Street .` COMPANY D ., Marinette, Wisconsin 54143 LETTER COMPANY E LETTER E _ This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain.the insurance afforded by the policies described herein is subject to all the terms.exclusions and conditions of such policies. COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY Limits of Liability in Th0usan s ) EXPIRATION DATE EACH AGGREGATE GENERAL LIABILITY OCCURRENCE 83 CESSS 0001 130DILYINJURY s 1,000, s 1,000, A Cx7 COMPREHENSIVE FORM 6/30/$4 PREMISES—OPERATIONS t O EXPLOSION AND COLLAPSE PROPERTY DAMAGE f 1,000, f 1,000, HAZARD UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD CONTRACTUAL INSURANCE BODILY INJURY AND a BROAD FORM PROPERTY PROPERTYDAMAGE f f tDDAMAGE COMBINED INDEPENDENT CONTRACTORS Q PERSONAL INJURY x Broad Form Ven ors PERSONAL INJURY f 1,0001 AUTOMOBILE LIABILITY BODILY INJURY ❑ f COMPREHENSIVE FORM (EACH PERSON) ❑OWNED BODILY INJURY f (EACH ACCIDENT) HIRED PROPERTY DAMAGE f NON-OWNED _ BODILY INJURY AND PROPERTY DAMAGE f _ EXCESS LIABILITY COMBINED B a UMBRELLA FORM JU6801-02/83 6/30/84 BODILY INJURY AND ❑ OTHER THAN UMBRELLA PROPERTY DAMAGE f 5,000, f 5,000, FORM COMBINED WORKERS'COMPENSATION and STATUTORY EMPLOYERS'LIABILITY OTHER f (EACH KCIDEN71 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES All operations undertaken by the Named Insured, including Broad Form Vendors Liability, naming Certificateholder as Additional Insured as their interests may appear. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof. the issuing com- pany will endeavor to mail 30 days written notice to the below named certificate holder. but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER City 6f Beaumont Texas DATE ISSUED: REED STENHOUSE INC. OF ILLINOIS P.O. Box 3827 Beaumont, TX 77704 • ATTN: _ City Manager By ACORD 25(1-79)