HomeMy WebLinkAboutRES 98-102 RESOLUTION NO. � =1
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 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 --'�X,4(day of
1998.
- 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, 1998--August 31, 1999
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 first 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
p 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 Center 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 parking 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 Beaumont 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 furnish
fuels required to conduct their scheduled classes,one half of the diesel fuel to power the fire
water pump(s),assistance in the design/improvement of fire field training projects,and other
assistance to be determined on a case by case basis as needed.
EXHIBIT "All
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 creek long Lamar University 30th Annual Emergency Response Training School«ill be
addressed under a separate agreement.
11) This agreement is in force for a period of one year beginning September 1, 1998 through
August 31, 1999.
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 1999 this agreement will be reviewed by both parties for the purpose of negotiating
changes for the FY 1999-2000 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