HomeMy WebLinkAboutRES 86-230 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, substantially in the form attached hereto as Exhibit "A" ,
with the Wormald U.S . , Inc . of Marinette, Wisconsin for the Ansul
Fire Extinguisher School scheduled for March 5th and 6th, 9th and
10th, 12th and 13th, and 16th and 17th, 1987 at the Beaumont Fire
Department Training Center.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1986.
Mayor -
ANSUL FIRE SCHOOL AGREEMENT
THIS AGREEMENT made and entered into this 16th day of July
1986 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 offices 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:
i. 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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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 Ansu1 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.
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
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or terminated orally.
15. This Agreement terminates on March 25, 1987.
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.
r
By By
Title: Title: i e President Administration
Attest: Attest:
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r �
Exhibit A
Schedule of Classes
Beaumont, Texas
Session 1 March 5-6, 1987
Session 2 March 9-10, 1987
Session 3 March 12-13, 1987
Session 4 Ma Mr, 16-17, 1.987
Instructor/Facility Preparation: March 3-4, 1987
Instructor/Facility Clean-up .larch 18, 1987
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