HomeMy WebLinkAboutRES 84-326 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
an agreement between the City of Beaumont and Wormald U. S. , Inc.
in the form attached hereto as Exhibit "A" for use of the Beaumont
Fire Department Traning Center.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the ��j� day of 1984.
Mayor -
ANSUL FIRE SCHOOL AGREEMENT
THIS AGREEMENT made and entered into this lot�, day of
1984 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
//_��� Exhibit "A"
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, 1985 and, at its own
cost, subject to Paragraph 3 hereof:
(a) Improve the gravel/shell area so as to permit movement of
fire protection equipment on the identified areas.
(b) Install 100' x:1" lightweight flexible gasoline hose and
nozzle control for fueling purposes at the existing hose
station.
3. Ansul shall pay to the City, for use of the Fire Training
Site, $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 $650 for each additional day it conducts
training at the Fire Training Site. Payment will be made immediately
following the last training session.
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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.
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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 by 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, Ansul shall not be required to make the payment
required by Paragraph 3 of this Agreement. 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
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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, 1985. 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.
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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, 1985.
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: v'i
Attest: Attest: /
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Exhibit A
Schedule of Classes
Beaumont, Texas
Session 1 March 7-8, 1985
Session 2 March 11-12, 1985
Session 3 March 14-15, 1985
Session 4 March 18-19, 1985
Instructor/Facility Preparation: March 5, 6, 7, 1985
Instructor/Facility Clean-Up March 20-21, 1985
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a CITY MANAGER
CITY OF BEAUMONT TEXAS -2y v l�
BEAUMONT TX 77704