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Ordinance No. 16,162ORDINANCE NO. 16,162 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE CONTRACT WITH FIREBLAST GLOBAL, INC., FOR FIRE PROPS FOR THE FIRE TRAINING FACILITY PROJECT, AUTHORIZING PAYMENT THEREFOR IN AN AMOUNT NOT TO EXCEED NINETEEN THOUSAND TWO HUNDRED FIFTY- THREE AND 85/100 ($19,253.85); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby approves the contract with Fireblast Global, Inc., for Fire Props for the Fire Training Facility Project, under terms and conditions in the attached contract in Exhibit "A" which is incorporated by reference as if fully set forth herein. Section 2: That the City Council of the City of Baytown, Texas, authorizes payment to Fireblast Global, Inc. in an amount not to exceed NINETEEN THOUSAND TWO HUNDRED FIFTY-THREE AND 85/100 ($19,253.85), pursuant to the agreement identified in Section 1 hereof. Section 3: That pursuant to the provisions of Texas Local Government Code Annotated §252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty five percent (25%) or decreased by more than twenty five percent (25%) without the consent of the contractor to such decrease. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 12"' day of June, 2025. a�YTCtIvR. f- "T - o` saesea�osy,ee ANGELA J SON, City Ctefk \:'fir ... _'•k� UOFA� p \\y z 0�6� APPROVED S Lo --- SCOTT LENOND, City Attorney 4 C _-y- ARLES JO , Mayor R:\Ordinances and Resolutions\Ordinance Drafts\2025-06-12\Ordinance to Authorize Fireblast Global Contract.docx EXHIBIT "A" MAINTENANCE VISIT AGREEMENT Fireblast Global, Inc. Order# SALES QUOTE THIS MAINTENANCE VISIT AGREEMENT (this "Agreement") is entered into this 19th day of November 2024 by and between FIREBLAST Global, Inc., ("Supplier") and City of Baytown ("Customer"), 7022 Bayway Dr., Baytown, TX 77520 with reference to the following facts: WHEREAS, Customer desires to engage Supplier to perform one-time limited maintenance work on Customer's fire training simulator; and WHEREAS, Supplier desires to perform such services as an independent contractor on the terms and subject to the conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing the parties hereby agree as follows: Term of Agreement; Additional Services. This Agreement is limited to one (1) service visit during which time all services defined on Addendum A will be provided. Supplier shall only be obligated to provide the specific Services defined in Addendum A. If parts, maintenance, repairs, work or other services (collectively referred to as "Additional Services") are required or requested, such Additional Services shall be provided on separate Sales Invoice specifying the scope/parts for Additional Services. If additional ancillary requirements such as business license, additional insurance, prevailing wage or other such services (collectively referred to as "Administrative Services") are required or requested, such Administrative Services shall be an additional fee and invoiced as such. Nature of Services. Supplier shall provide the following specific maintenance services identified in Addendum A on Customer's fire training simulators purchased from Supplier (specifically identified as a "Gas Fire Props"). Exclusivity of Engagement. Supplier, or its assignee or agents, shall be the exclusive provider of the Services during the Term. Supplier cannot warrant the capabilities, training or experience of any unapproved service provider or the quality of work such non -approved providers may perform on Customer's system. Use of an unapproved service provider by Customer may lead to serious injury or death. Therefore, use of an unapproved service provider will result in the following: (1) Supplier shall be immediately relieved of any and duties and obligations pursuant to this Agreement; (2) any warranty, whether express or implied, related in any respect to Customer's Gas Fire Props shall be immediately void and of no force or effect; and (3) Customer shall indemnify, defend and hold harmless Supplier, its affiliates, employees, shareholders, officers, directors and agents (collectively the "Supplier Indemnified Parties") from and against any losses, costs, damages, expenses (including costs of collection, attorneys' fees and costs of preparation), judgments or other liabilities of any kind (collectively "Losses") incurred by Supplier Indemnified Parties as a result of any action, arbitration, grievance, audit, hearing, investigation, litigation or suit (whether civil, criminal, administrative, judicial or investigative, whether formal or informal, whether public or private) threatened, commenced, brought, conducted or heard and related to or arising out of the condition, operation, maintenance, repair, performance or suitability of Customer's Gas Fire Props. Q F I R E E LAST GI ; ;, 4. Payment. In return for Supplier making itself or its designees available to perform the Services under this Agreement, Customer shall pay, Supplier the total sum of $19,253.8-5 (the "Payment"). payable prior to performance of maintenance. 5. Cancellation Fee. Once service visit date is confirmed and travel arrangements have been completed, customer will be responsible for a cancellation fee if service date is cancelled or changed. Fees will include, all incurred costs including administrative fees. 6. Termination and Non -Renewal. This Agreement may be terminated: (a) for any reason specifically provided in this Agreement; (b) by both parties, upon mutual written agreement to terminate; and/or (c) by either party, upon 30-days prior written notice, if the other party materially breaches any material obligation under this Agreement and fails to cure such breach within 30 days after written notice specifying in reasonable detail the nature of the alleged breach. 7. Termination Due to Acts of Customer. Supplier may unilaterally terminate this Agreement for the following reasons: (a) Customer's use of any person or entity, other than Supplier or a person or entity pre - approved in writing by Supplier, for maintenance or service on the Fireflash Trainer; and/or (b) Customer's failure to operate or maintain the Fireflash Trainer in accord with the Supplier Operations Manual, Operations Check List, and/or Maintenance Manual. 8. Binding Effect, Benefits; Assignability. This Agreement shall inure to the benefit of and be binding upon the parties to this Agreement and their respective successors, assigns and delegees. Supplier may at any time, and without prior consent from Customer, assign and/or delegate the rights, duties and obligations of this Agreement. This Agreement shall be incorporated by reference into any assignment and/or delegation and any assignee/delegee shall comply with all the terms and conditions of this Agreement. 9. Attorneys' Fees. If any party to this Agreement shall bring any action, suit, claim, counterclaim, appeal or arbitration against the other party to enforce the terms hereof or to declare rights hereunder (collectively, an "Action"), the losing party shall pay to the prevailing party a reasonable sum for attorneys' fees and costs incurred in bringing and prosecuting such Action and/or enforcing any judgment, order, ruling, purposes of this provision, (a) attorneys' fees shall include, but not be incurred in discovery, post judgment motions and collection actions, a litigation. or award. For limited to, fees Id bankruptcy Aa FIRES 10. Rules of Construction. LAST GI �-,i. (a) Headings. The section headings in this Agreement are inserted only as a matter of convenience, and in no way define, limit, or extend or interpret the scope of this Agreement or of any particular section. (b) Tense and Case. Throughout this Agreement, as the context may require, references to any word used in one tense or case shall include all other appropriate tenses or cases. (c) No Limitation. Whenever the words "including," "include" or "includes" or words of similar import appear in this Agreement, they shall be deemed to be followed by the words "without limitation." (d) Severability. The validity, legality or enforceability of the remainder of this Agreement will not be affected even if one or more of the provisions of this Agreement is held to be invalid, illegal or unenforceable in any respect. (e) Construction of Agreement. No party hereto, nor its respective counsel, shall be deemed the drafter of this Agreement for purposes of construing the provisions of this Agreement, and all provisions of this Agreement shall be construed in accordance with their fair meaning, and not strictly for or against any party hereto. (f) Customer Actions. Any item requiring the Customer's consent, approval, request, notice, authorization, designation or direction shall be deemed satisfied by such action by a duly authorized agent, representative or designee of Customer. 11. Delays or Omissions; Remedies. Time is of the essence in this Agreement. Supplier's obligation to perform the Services, however, shall be excused without liability when prevented by an act of war, terrorist act, force majeure, an act of God, governmental action or actions or omissions of Customer. No delay or failure to exercise any right, power or remedy available to any party under this Agreement or at law or in equity shall impair or act as a waiver of any such right, power or remedy or constitute an implied consent to, acquiescence in or waiver of any breach, default or omission of any other party which gave rise to any such right, power or remedy. No consent to any action or waiver of any right by any party to this Agreement shall operate or be construed as a continuing or blanket consent to or waiver of any other action or right in the future. All remedies available to any party to this Agreement, whether by the terms of this Agreement or at law or in equity, are cumulative and not exclusive or alternative. 12 Governing Law; Entire Agreement; Execution • Amendment. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to its conflicts or choice of law principles and the parties irrevocably agree to submit to the jurisdiction of the courts of the State of Texas, with venue in Harris County, to resolve any disputes arising under or relating to this Agreement. This Agreement represents the complete and final understanding of the parties with respect to this Agreement's subject matter and supersede any and all prior or contemporaneous oral or written discussions, negotiations, agreements or understandinqs with respect to such IREE LAST This Agreement may be executed by facsimile signature and in two or more counterparts, each of which shall constitute an original and all of which when taken together shall constitute one and the same instrument. Any amendment or modification of, or supplement to, this Agreement must be in writing and executed by each party hereto. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above. CUSTOMER: CI(TY OF BAYTOWN fn� Name: Signature: Title: �l ���.- Date: `l l Zs-/ Z13 L SUPPLIER: Fireblast Global, Inc. Name: Jessica Kuehl Signature: Title: Contract Specialist Date: 3.19.25 Addendum A BURN BUILDING MAINTENANCE REPORT �a F I RE ELAST PROJECT NAME: DATE OF SERVIC TECHNICIAN: REPORTED BY: MAINTENANCE REPORT On the above -mentioned dates Fireblast Global performed a complete comprehensive maintenance service at . Below is a list of items that were inspected and serviced, and future items which need to be addressed by either your maintenance team or Fireblast Global. BURN BUILDING EQUIPMENT ROOMS • Performed gas monitoring verification/recalibration/alarm system test • Performed prop ignition system inspection • Performed leak check of gas piping and verification of accuracy of pressure regulator(s) • Performed electrical control panel inspection, including voltage and wiring checks, e-stops and dead -man operation • Performed verification of temperature monitoring system and probe(s) accuracy • Performed air compressor complete service & verification of accuracy of pressure regulator(s) • Performed testing of smoke machine and distribution system • Performed testing Propane Gas valve body for safety shut-off accuracy • Performed reinstallation or upgrades from original software at Suppplier's cost when applicable. • Performed inspection of electrical wiring boxes and piping • Performed inspection of Asco gas valves. • Performed inspection of VRC valves. • Performed cleaning and tubing of VRC control valves • Performed cleaning and lubing of gas control valves BURN PROPS • Performed flame detection system removal and cleaning • Performed verification of correct ventilation and airflow fan operation • Performed inspection of electrical wiring boxes and piping. • Performed inspection and operation of prop blowers. • Performed inspection of spark plugs. • Performed inspection of burn bars. • Performed inspection of burn prop's structure. REV.10/2024 1 Addendum A BURN BUILDING MAINTENANCE REPORT • Performed a full system inspection including burn quality test and safety systems check. SAFETY DEVICES • Performed inspection and operation of E-stops. • Performed inspection and replaced vinyl tubing in GD panels. • Performed Calibration of gas detection units. • Performed inspection of gas monitor lines. • Performed inspection of Temp Sensor probe and wiring. • Performed inspection of Exhaust fan panel. • Performed inspection and operation of exhaust fan. STRUCTURE • Performed inspection of lining. • Performed inspection and operation of door handles and hardware. • Performed inspection and operation of exterior doors. • Performed inspection and operation of windows. • Performed inspection for obvious building defects (cracks, debris). Each component that meets the" functions as designed" status will be noted below. Items that need attention, repair or replacement will be documented including recomnienciation for repair. Inspections completed of the following equipment. BURN BUILDING MAINTENANCE REPORT CONTROL/EQUIPMENT ROOM • Air compressor • oil change • RTI filter • Check belts • Change air filter • Exhaust fault • Gas detection alarm • Propane Tanks (Note PSI) • 1st and 2nd stage regulator • Valve train • Smoke machine • Water trap • Gas monitor • Flow meter PASS FAIL NOTES BELOW REV. 10/202;: 2 Addendum A BURN BUILDING MAINTENANCE REPORT • Gas detection pump • HMI panel • Main control panel • PLC/Program • Burner Controls • Estops • Blowers • Flashover Panel • Flame detectors INTERIOR BURN CHAMBER • E-stop • Temp Sensors • Gas Detection • Prop 1 • Prop 2 • Prop 3 • Prop 4 • Prop 5 • Prop 6 • Blowers • Flame detectors • Ignitors • Flashover burn bar • Exhaust Fans PASS FAIL COLLECTED PHOTOS OF INFORMATION SCREENS APPLICABLE PHOTOS OF TRAINING UNITS ATTACHED NOTES SECTION NOTES BELOW I ADDITIONAL RECOMMENDATIONS Per NFPA standards, fire training units and systems shall be inspected annually including calibrations and function testing. Additionally, daily inspections per manufacturer recommendations and operational testing is required prior to training each day. The unit should be set on an annual maintenance schedule to avoid operational issues and safety concerns. If there are any further questions regarding this report, please contact customer care at (951) 277 8319. REV.10l2024 3