Loading...
HomeMy WebLinkAboutRES 97-82 l RESOLUTION NO. 97ZZ, 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 one-year lease 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. BE IT FURTHER RESOLVED that the City Manager be and is hereby authorized to execute a service agreement with the Lamar Center for the 29th Annual Firefighters Training School scheduled in May of 1998. Contracts are substantially in the form attached hereto as Exhibit "A" and Exhibit "B". PASSED BY THE CITY COUNCIL of the city of Beaumont this the/ day of 1997. ` f Mayor 23 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, 1997--August 31, 1998 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 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 each week 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 "Arl 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 week long City of Beaumont Fire/Rescue's 29th Annual Firefighters Training School will be addressed under a separate agreement. 11) This agreement is in force for a period of one year beginning September 1, 1997 through August 31, 1998. 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) hi February 1998 this agreement will be reviewed by both parties for the purpose of negotiating changes for the FY 1998-1999 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,Interim Executive Director of Public Services and Cont. Ed.,Lamar University Examined,Approved,and Recommended: Dr. Rex Cottle,President Lamar University ATTEST: Chairman,Local Committee Chancellor Chairman,Board of Regents The Texas State University System The Texas State University System BEAUMONT FIRE DEPARTMENT 29TH ANNUAL FIREFIGHTERS TRAINING SCHOOL PRESENTED IN COOPERATION WITH LAMAR UNIVERSITY SERVICE AGREEMENT This agreement is entered into and between Lamar University the Center for Industrial Fire and Hazardous Materials Training and the City of Beaumont to conduct the 29th Annual Emergency Response Training School. PURPOSE The purpose of this agreement is to provide administrative services and coordination including: registration, program marketing and promotion coordination,conference facilities arrangement, and financial records management for the 29th Annual Emergency Response Training School, Monday, May 11, 1998 through Friday, May 15, 1998. Under the management of the City of Beaumont Fire Department, Lamar University will provide for handling the registration of students; acquiring bids on food; acquiring bids for hotel conference sessions;marketing,to include brochure; control and issuance of student and instructor certificates;fire hose,nozzles,self-contained breathing apparatus,light off torches,gated wyes, electric carts, two-way radios, six people to assist on the field and in the conference sessions, 20 lb. dry chemical extinguishers,two classrooms,furnishing drinking water containers,and ordering fuels for the projects. It is understood that the City of Beaumont Fire/Rescue Department will provide coordination of guest instructors, coordination of Fire Training Field projects and scheduling,furnish Fire Field support staff,furnish Conference committee to establish program and speakers. The City of Beaumont shall be responsible for the purchasing of breathing air,Liquified Petroleum gas,Kerosene,Dry chemicals,and other expendable supplies required to conduct this school. It is understood by both parties that all services shall be performed in accordance with all applicable statutes,regulations, and policies of the United States; State of Texas; and Lamar University,a member of The Texas State University System. RELATIONSHIP Lamar University's relationship withe the City of Beaumont under this agreement shall be that of an independent contractor and not an agent or employee. TERM This agreement shall remain in full force and effect from September 1, 1997 until the financial transactions to close the books on this program are completed August 31, 1998. Should,due to the condition of the City of Beaumont Fire/Rescue Training Grounds,the school not be conducted as planned,the City of Beaumont will reimburse Lamar University for any and all funds expended in the preparation of conducting this Training. TAX EXEMPTION The University will seek to have all applicable taxes waived on purchases for the School. Therefore,after all expenses are paid,and all remaining funds will be transferred to the City of Beaumont(Federal ID#74-W-00278)which is tax exempt. CONSIDERATION In consideration for the services to be rendered to the City of Beaumont,Lamar University the Center for Industrial Fire and Hazardous Materials Training will receive as a line item expense 17%of the gross income from the City of Beaumont Fire/Rescue's 29th Annual Emergency Response Training School. Mr. Ray A. Riley Date Ms. Susan Tellier Date City Manager Vice President for City of Beaumont Finance and Operations Lamar University-Beaumont P. O. Box 10001 Beaumont,TX 77710-10003 EXHIBIT "B"