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HomeMy WebLinkAboutRES 01-186 RESOLUTION NO. 01-186 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves a three (3)-year leasing agreement between the City of Beaumont and Board of Regents, The Texas State University System on behalf of Lamar University. The agreement is substantially in the form attached hereto as Exhibit „A,. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2001. - Mayor Pro Tem Guy N. Goodson - Leasing Agreement between the City of Beaumont and Board of Regents, The Texas State University System on behalf of Lamar University Division of Continuing Education The Center for Industrial Fire and Hazardous Materials Training Beaumont, Texas September 1, 2001-August 31, 2004 Therefore, the City of Beaumont(hereinafter referred to as "The City")and Board of Regents,The Texas State University System on behalf of Lamar University Division of Continuing Education The Center for Industrial Fire and Hazardous Materials Training(hereinafter referred to as "Lamar"), all located in Jefferson County, Texas agree to the following for their mutual benefit. 1. That Lamar University's portable building"MB3-085 1" and Center for Industrial Fire and Hazardous Materials Training offices(two office modules each 70' x 40')be located at the City of Beaumont Fire/Rescue Training Center as presently situated. I1. That Lamar University's Center for Industrial Fire and Hazardous Materials Training shall use these combined facilities for offices,classrooms, and storage. Ill. That Lamar University's Center for Industrial Fire and Hazardous Materials Training shall be given the first opportunity to schedule classes,through The City of Beaumont Fire/Rescue Services Training Division,to use the fire training,rescue project, and hazardous materials training projects at The City of Beaumont's Fire/Rescue Training Center. The rescue projects and classroom will be scheduled on a first-come, first-served basis. Lamar University retains the sole right to contract industrial fire brigade training at the facility. Both Lamar University and The City of Beaumont will promptly notify each other of course cancellations and provide current listings of scheduled classes and dates. IV. That Lamar University's Center for Industrial Fire and Hazardous Materials Training will pay The City of Beaumont monthly fees, incorporating both fixed and variable cost components, for use of the facility based on the following schedule: A. Fixed Cost: $21,500.00(minimum monthly payment)The fixed cost payment will be made on a monthly basis. The fixed cost component includes two fees: Facility Rental Fee and Student Use Fee defined as follows: 1. Facility Rental Fee: $5,750.00 per month. Includes land use for location of offices, classrooms, and storage facilities; utilities, including metered and unmetered electrical and potable water; general use of facilities and props for training purposes; safe upkeep of the facility, including but not necessarily limited to maintenance of equipment, mowing, painting, etc.; water consumed for firefighting purposes. 2. Student Use Fee: $15,750 per month. Includes cost of repair/maintenance to all facilities, equipment, classrooms, parking areas, etc. necessitated by student use; cost of paper and hygiene goods for restrooms. B. Variable Cost: The variable cost component will be paid based on total student count EXHIBIT "A" contracted by Lamar programs(on and off site)during their fiscal year(September 1 through August 31). A monthly enrollment report will be provided and utilized to determine the variable student payment due The City at the close of each fiscal year. A balloon payment for variable costs will be made on or before September 30 each year to The City for students served in excess of 3,400 as outlined in the following table: 3,400 to 6,000 students add $50 per student 6,001 to 9,000 students add $40 per student 9,001+students add $30 per student The City agrees it will not lease the facilities to another entity at a rate less than its published fees. V. That the monthly payment of fees will be based on the unimpeded use of all firefighting, the rescue project, and hazardous materials training projects as scheduled by Lamar for industrial fire,rescue, and hazardous materials training. The rescue project and classroom will be scheduled on a first- come, first-served basis. In the event that full utilization of all projects is not possible because of poor maintenance,continual use by others on the first-come, first-served policy, or a closing of projects by The City or by regulatory agencies rendering them unusable,the payment(s) for that time period will be adjusted to reflect the loss of such training projects. This does not include taking projects temporarily out of service for scheduled maintenance.The equitable adjustment of payment(s) shall be negotiated by Lamar and The City and shall be mutually agreed upon. VI. That the fire fighting, rescue and hazardous materials training projects shall be maintained on a per use and scheduled basis. The daily User, either Lamar or The City, of a project(s) is responsible for returning the project/classroom to a customer-ready state at the conclusion of the training day, including removal of burned hay, washout of burn structures, storage of hose away from areas requiring mowing/maintenance, etc. Lamar staff will assist The City by furnishing a monthly written report as to the condition and the repairs needed to assure the safe operation of each project. VII. That Lamar will furnish the fuels required to conduct its scheduled classes. When supplies are available, The City will sell and Lamar agrees to purchase recycled fuel at a rate of$0.60 per gallon to enable Lamar to create a"blended" fuel product,to be used when conditions permit.The City is responsible for furnishing a Material Safety Data Sheet for the recycled fuel to Lamar. VIII. That both parties accept the cooperatively developed Five Year Strategic Plan ("Strategic Plan") as the official planning document for the facility. The City will proceed with fire field improvements as outlined in the Strategic Plan with the understanding, by each party,that both the student count and the associated revenue stream should meet those as specified in the planning document. A complete review will be conducted by both parties in April, 2002 and April,2003,to analyze the fiscal year to date performance and to determine projections for the remainder of the fiscal year.This review and analysis will be used to determine the feasibility of implementing further initiatives outlines in the Strategic Plan initiated in FY 2001. The Center of Industrial Fire and Hazardous Materials Training will provide the City of Beaumont with a"Monthly Student Enrollment and Revenue/Expense Report." The report will list the number of students, session hours and student hours for each client served;all revenues billed and expenses paid for the period; a summation of gross revenues and expenses for the period; average gross revenues per student and average net revenues per student served during the period. The City of Beaumont will provide Lamar University with a "Monthly Student Enrollment and Revenue/Expense Report for the Fire Training Center, including project(s)progress. The report will list number of students, session hours and student hours for each client served; all revenues billed and expenses paid for the period; a summation of gross revenues and expenses for the period;average gross revenues per student and average net revenues per student served during the period; progress and completion reports on fire field improvements and expenditures related to the improvements. The "Field Improvement Progress Report" should also include time lines for approaching project upgrades. Lamar University's The Center for Industrial Fire and Hazardous Materials Training will provide a quarterly"Marketing Activities Report ."The report will outline marketing efforts, including associated expenditures for the period. IX. That Lamar will assume financial and legal responsibility for any spills or damage beyond that expected through normal use. The City will assume financial and legal responsibility for all other such occurrences, including damages to Lamar equipment and facilities by the City of Beaumont. X. That the week-long Lamar 33rd 34th and 35th Annual Emergency Response Training School will be addressed under a separate agreement. XI. That this agreement is in force for a period of three years beginning September 1,2001 through August 31,2004 and that annually,the rental amounts may be reviewed and amended by mutual agreement. XII. That 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 upon thirty(30)days' written notification for failure to pay monthly fees; Lamar may terminate upon thirty(30)days' written notice upon The City's breach of this agreement, provided that The City is first given ten (10)days' written notice of deficiency and thus given the opportunity to correct the deficiencies. XIII. That the term of this agreement may be reviewed by the parties involved and amended by mutual agreement. XIV. That on February 10, 2003, Lamar will notify the City of Beaumont to establish a meeting to begin a review of this agreement by both parties for the purpose of negotiating changes for the FY 2003-2006 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 Jefferson County,Texas. ATTEST: City of Beaumont Lamar University Stephen J. Bonczek John Hubacek City Manager Director City of Beaumont The Center for Industrial Fire and Hazardous Materials Training Seal(if incorporated) Division of Continuing Education Lamar University Rebecca Woodland Interim Executive Director Division of Continuing Education Lamar University Examined, approved, and recommended: James M. Simmons President Lamar University ATTEST: Chairman Local Committee Chancellor Chairman, Board of Regents The Texas State University System The Texas State University System