HomeMy WebLinkAboutRES 83-367 .03- .36 7
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, in the form attached hereto and made a part hereof, with
the Ansul Company for use of the Fire Department Training Grounds .
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 19 g3 .
I)UL
- Mayor -
9.'t -2 l n v>r,
ANSUL FIRE SCHOOL AGREEMENT
THIS AGREEMENT made and entered into this 8th day of August
1983 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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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, 1984 and, at its own
cost, subject to Paragraph 3 hereof:
(a) Improve the gravel/shell area marked in red, as depicted
in Exhibit B, to add gravel/shell so as to permit movement of
fire protection equipment on the identified areas.
(b) Install, in addition to the existing on-off switch, a
remote switch via underground wiring to be located at the
gasoline hose station as depicted on Exhibit B, if feasible.
3. Ansul shall pay to the City, for use of the Fire Training
Site, within 30 days of the execution of this Agreement, $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
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$650 for each additional day it conducts training at the Fire Training
Site.
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 b
Y 9 y 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, the City shall within fifteen (15) days of such
termination return to Ansul any payment made by Ansul pursuant to Paragraph 3
hereof. 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, 1984. 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, 1984.
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•Vice President, General Manager
Attest: Attest:
�ANSUL FIRE PROTECTION
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Exhibit A
Schedule of Classes
Beaumont, Texas
Session 1 March 1-2, 1984
Session 2 March 5-6, 1984
Session 3 March 8-9, 1984
Session 4 March 12-13, 1984
Instructor/Facility Preparation: February 27, 28, 29, 1984
Instructor/Facility Clean-Up March 14-15, 1984
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NAME AND ADDRESS OF AGENCY
Reed Stenhouse Inc. of Illinois COMPANIES AFFORDING COVERAGES
One South Wacker Drive COMPANY A
Chicago, Illinois 6Q606 LETTER Hartford Insurance Company
COMPANY i
LETTER Lloyd's, London
NAME AND ADDRESS OF INSURED
COMPANY i
Wormald U.S. . Inc. LETTER C I
One Stanton Street .` COMPANY D .,
Marinette, Wisconsin 54143 LETTER
COMPANY E
LETTER E _
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition
of any contract or other document with respect to which this certificate may be issued or may pertain.the insurance afforded by the policies described herein is subject to all the
terms.exclusions and conditions of such policies.
COMPANY
LETTER TYPE OF INSURANCE POLICY NUMBER POLICY Limits of Liability in Th0usan s )
EXPIRATION DATE EACH AGGREGATE
GENERAL LIABILITY OCCURRENCE
83 CESSS 0001 130DILYINJURY s 1,000, s 1,000,
A Cx7 COMPREHENSIVE FORM 6/30/$4
PREMISES—OPERATIONS t
O EXPLOSION AND COLLAPSE PROPERTY DAMAGE f 1,000, f 1,000,
HAZARD
UNDERGROUND HAZARD
PRODUCTS/COMPLETED
OPERATIONS HAZARD
CONTRACTUAL INSURANCE BODILY INJURY AND
a BROAD FORM PROPERTY PROPERTYDAMAGE f f
tDDAMAGE COMBINED
INDEPENDENT CONTRACTORS
Q PERSONAL INJURY
x Broad Form Ven ors PERSONAL INJURY f 1,0001
AUTOMOBILE LIABILITY
BODILY INJURY
❑ f
COMPREHENSIVE FORM (EACH PERSON)
❑OWNED BODILY INJURY f
(EACH ACCIDENT)
HIRED
PROPERTY DAMAGE f
NON-OWNED _ BODILY INJURY AND
PROPERTY DAMAGE f _
EXCESS LIABILITY COMBINED
B a UMBRELLA FORM JU6801-02/83 6/30/84 BODILY INJURY AND
❑ OTHER THAN UMBRELLA PROPERTY DAMAGE f 5,000, f 5,000,
FORM COMBINED
WORKERS'COMPENSATION
and STATUTORY
EMPLOYERS'LIABILITY
OTHER f
(EACH KCIDEN71
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES All operations undertaken by the Named Insured, including Broad
Form Vendors Liability, naming Certificateholder as Additional Insured as their interests may
appear.
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof. the issuing
com-
pany will endeavor to mail 30 days written notice to the below named certificate holder. but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER
City 6f Beaumont Texas DATE ISSUED:
REED STENHOUSE INC. OF ILLINOIS
P.O. Box 3827
Beaumont, TX 77704 •
ATTN: _ City Manager By
ACORD 25(1-79)