HomeMy WebLinkAboutRES 85-265 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 for use of the Beaumont fire training facilities,a copy
of which is attached hereto as Exhibit "A" ,
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the *p2e:� day of .� 1985.
- Mayor -
ANSUL FIRE SCHOOL AGREEMENT
THIS AGREEMENT made and entered into this 6 t day of August
1985 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
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/ A� F b 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, 1986 and, at its own cost,
subject to Paragraph 3 hereof:
(a) Repipe scrap metal hazard (propane) to open area north
(see Exhibit B) for Ansul Fire School use.
(b) Move 40 sq. ft. pan to a position approximately in center
of open area north (see Exhibit B) .
(c) Fill all areas to sidewalk level with appropriate
material for firm working surface. Construct clay areas 15
ft. in diameter in center of area A, B, C of Exhibit B.
(d) Fill area west of sidewalk around large spill area and
600 sq. ft. pit to sidewalk level with appropriate material
for firm working surface.
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
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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.
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
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excepted.
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, 1986. 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, 1986.
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: G1/c--
Attest: Attest:
6
` 4
Exhibit A
Schedule of Classes
Beaumont, Texas
Session 1 March 6-7, 1986
Session 2 March 10-11, 1986
Session 3 March 13-14, 1986
Session 4 March 17-18, 1986
Instructor/Facility Preparation: March 4-5, 1986
Instructor/Facility Clean-Up March 19-20, 1986
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ALL OPERATIONS UNDERTAKEN BY THE NAMED INSURED
City P'lanager 'CELLED c THE -,,
City of Beaumont Texas i 30 "' vt, e C .;f.'I J rt`-L DE C q T°
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Beaumont, TX 77704 NO Coy Ca ,r'l OR LIABILITY
f ! 'A,dY, !T cPdTS OR RE?h±-_SENTA(IvRS.
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