Loading...
1991-49 Agreement with Coral Springs for Use of Shooting RangekE OLUTION NO: 91 - 49 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND. FLORIDA, FOR AN AGREEMENT WITH THE CITY OF CORAL SPRINGS FOR THE USE OF THEIR FIREARMS RANGE WHEREAS. the City Commission of the City of Parkland finds and determines that it is in the best interest of the citizens to enter into the attached Agreement between the City of Parkland and the City of Coral Springs for the purpose of using the Coral Springs Firearms Facility; NOW. THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, that: Section 1: The appropriate City officials are hereby authorized to execute the attached Agreement between the City of Parkland and the City of Coral Springs. Section 2: That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 4th DAY OF DECEMBER 1991. AN ARMSTRONG, Ci Clerk SAL' PAGLIARA,tayor LICENSE AGREEMENT FOR FIREARMS/TRAINING FACILITY THIS AGREEMENT, made and entered into the day of .A-vucat--y , 19 92_, by and between: CITY OF CORAL SPRINGS, FLORIDA a municipal corporation 9551 W.Sample Road Coral Springs, Florida 33065 (hereinafter referred to as "LICENSOR") AND CITY OF PARKLAND PUBLIC SAFETY DEPARTMENT 6500 Parkside Drive Parkland, Florida 33067 (hereinafter referred to as "LICENSEE") WHEREAS, LICENSOR currently operates a firearms training facility known as the CITY OF CORAL SPRINGS POLICE FIREARMS/ TRAINING FACILITY, located at 4200 N.W. 121st Avenue; and WHEREAS, LICENSEE is desirous of using the facilities of this range for the continued marksmanship and training of its members; and WHEREAS, Resolution No. 91-201, which supersedes Resolution No. 84-56, passed by the City Commission of the City of Coral Springs, authorizes the Coral Springs Police Department to enter into an agreement to share the facility whenever it is deemed to be in the best interest of public safety and the citizens of Coral Springs; WITNESSETH: IN CONSIDERATION of the covenants and conditions herein expressed and of the faithful performance of all such covenants and conditions, LICENSOR and LICENSEE do mutually agree as follows: Section 1. TERM OF AGREEMENT 1.01 The term of this Agreement shall be from January 1, 1992 to December 31, 1992, and shall be automatically renewable from year to year for a twelve (12) month period. However, either party may terminate this Agreement by providing a thirty (30) day written notice. Section 2. DUTIES AND RESPONSIBILITIES OF LICENSEE 2.01 LICENSEE and its members shall have use of the range upon scheduling dates and times with the Coral Springs Police Range Officer. Use of the range by LICENSEE is normally restricted to Mondays and Fridays, but may be scheduled at other times, subject to range availability, and if convenient for range operation. The range officer will schedule the use of the range on a first-come, first -serve basis. LICENSEE shall be aware that other portions of the facility may be simultaneously scheduled for other events, as long as a safety conflict will not arise. 2.02 LICENSEE shall be responsible for providing the following: a) a Florida Criminal Justice Standards and Training Commission Qualified Firearms Instructor; b) personnel to operate facility equipment; Page 1 of 7 DOC: 3041 "as -needed" c) targets; d) gun cleaning equipment; e) eye and ear protection equipment; f) ammunition; g) all audio-visual equipment necessary for their training; h) any other equipment needed to assist LICENSEE with its training or use of the facility. 2.03 LICENSEE shall require that eye and ear protection • shall be worn by all their personnel on the range when any firearm is being discharged by any person. 2.04 LICENSEE's personnel shall only clean firearms or other equipment in the designated cleaning area. 2.05 LICENSEE shall not store any firearms, ammunition, targets, cleaning equipment or training equipment at the LICENSOR's facility. 2.06 LICENSEE shall have use of the classroom facility upon reservation made two (2) weeks in advance, and if not previously reserved by any other party. 2.07 LICENSEE shall abide by all rules and regulations that LICENSOR may, from time to time, make or adopt for the care, protection and operation of the facility. 2.08 LICENSEE shall not use the facility unless LICENSEE's firearms instructor is present. 2.09 Only LICENSEE's sworn personnel will be authorized to use the facility. Sworn personnel are defined as a full- time law enforcement officer, a part-time law enforcement officer or an auxiliary law enforcement officer pursuant to Section 943.10 F.S. When LICENSEE has finished using the range for the day, LICENSEE's firearms instructor will provide a completed and signed range usage form indicating the number of personnel utilizing the facility that day. Section 3. DUTIES AND RESPONSIBILITIES OF LICENSOR 3.01 LICENSOR shall provide the following: a) the pistol and/or rifle ranges; b) a range officer to demonstrate the proper use of facility equipment; c) classroom space for classroom training; d) serviceable target backers. Section 4. COMPENSATION 4.01 LICENSEE shall pay to LICENSOR a fee of Five Dollars and Fifty Cents ($5.50) per sworn full-time, part-time or auxiliary police officer, per day, for usage of the facility. Usage of the facility will be allocated on an as - needed basis and upon the availability of the facility. Page 2 of 7 DOC: 3041 "as -needed" 4.02 A thirty (30) day delinquency in the payment of this license fee shall constitute a breach of this Agreement. Should LICENSEE become delinquent by more than sixty (60) days in any of its payments to LICENSOR, this license shall automatically terminate and shall not be resumed until such time as all delinquent payments are brought current. Section 5. ACKNOWLEDGEMENTS 5.01 LICENSEE acknowledges that firearms training is an inherently dangerous activity and expressly assumes any risk of any harm while it or any of its agents, employees, members or guests are present at or using the Coral Springs Police Firearms/Training Facility. Section 6. INDEMNIFICATION 6.01 To the fullest extent permitted by laws and regulations, LICENSEE agrees to indemnify, save and hold LICENSOR, its officers, agents and employees, harmless from any and all claims, damages, liabilities, losses, causes of action, liens or judgments of any kind or nature whatsoever which may arise out of, in connection with, or because of the use or operation of the licensed facilities including but not limited to, the exterior facilities and grounds, parking areas, pedestrian walkways, vehicular paths and grassy areas by LICENSEE or its officers, agents, employees or guest. LICENSEE shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection therewith, including but not limited to reasonable attorney's fees, including attorney's fees on appeal, and costs to defend all claims or suits, in the name of LICENSOR when applicable. 6.02 LICENSEE agrees to defend all actions in the name of LICENSOR provided, however, that LICENSOR reserves the right to select its own legal counsel to conduct any defense in any such proceeding. All costs and fees associated therewith shall be the responsibility of LICENSEE under this indemnification agreement. 6.03 Nothing contained herein is intended nor shall be construed to waive LICENSOR's or LICENSEE's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. The provisions of this Paragraph 8 shall survive the execution, delivery and performance of this Agreement. Section 7. INSURANCE 7.01 LICENSEE shall secure and maintain, at its own expense, and keep in effect during the full period for which the privileges hereunder are granted, a policy or policies of insurance, which must include the following coverages and minimum limits of liability: a. Worker's compensation and employer's liability insurance for all employees of the LICENSEE engaged in work under this Agreement in accordance with the laws of the State of Florida. LICENSEE further agrees to be responsible for the employment, control and conduct of its employees and for any injury sustained by such employee in the course of their employment. The amount of employer's liability insurance shall not be less than: $100,000 each accident (statutory minimum) Page 3 of 7 DOC: 3041 "as -needed" b. Contractual liability coverage in the amount of One Million Dollars ($1,000,000.00) for bodily injury and property damage on a per -occurrence basis, specifically insuring the hold -harmless detailed in Section 6 of this Agreement. 7.02 If excess liability coverage is utilized to meet the required limits for contractual liability, indication shall be given as to whether the form is the umbrella form of coverage or other than the umbrella form. The excess liability shall also afford coverage which is at least as broad as the primary insurance policies. 7.03 This insurance shall be issued by an insurance company duly authorized and licensed to do business in the State of Florida. The company must be rated no less than class "A" as to financial stability and no less than class "XII" as to financial size in accordance with the latest edition of A.M. Best's Insurance Guide, published by Alfred M. Best Company, Inc. Ambest Road, Oldwick, New Jersey 08858, if the insurance company is rated as a licensed carrier by A.M. Best Insurance. Non-domestic companies that are eligible for writing surplus lines of coverage as listed by the Department of Insurance of the State of Florida as being authorized and approved to do business in Florida may also be utilized, provided that such companies are authorized and approved by the United States Department of the Treasury and have agents upon whom service of process may be made in the State of Florida. 7.04 It is agreed that within fourteen (14) calendar days following the execution of this Agreement the LICENSEE shall furnish certificate(s) of insurance evidencing the required coverages. Under no circumstances shall LICENSEE be permitted to commence use of the premises licensed hereunder without receiving approval by LICENSOR of the certificate(s) of insurance. ALL LIABILITY INSURANCE POLICIES SHALL SPECIFICALLY PROVIDE THAT THE CITY OF CORAL SPRINGS I8 AN ADDITIONAL NAMED INSURED WITH RESPECT TO THE REQUIRED COVERAGES AND THE OPERATIONS OF THE LICENSEE UNDER THIS AGREEMENT. 7.05 The policies of insurance must contain a provision that the coverages afforded under the policy or policies will not be canceled, reduced, or materially changed until at least thirty (30) calendar days prior written notice has been given to the City Manager of the City of Coral Springs by certified mail, return receipt requested. 7.06 All required insurance policies shall preclude any underwriters' rights of recovery or subrogation against LICENSOR with the express intention of the parties being that the required insurance coverages protect both parties as the primary coverages for any and all losses covered by the above described insurance. 7.07 Any company issuing insurance to cover the requirements contained in this Agreement shall have no recourse against LICENSOR for payment or assessments in any form on any policy of insurance. Section 8. ASSIGNMENT 8.01 LICENSEE shall not assign this Agreement nor permit the premises to be used by any other party without first obtaining written consent of the Coral Springs Chief of Police. Such consent is wholly within the discretion of the Coral Springs Chief of Police. Page 4 of 7 DOC: 3041 "as -needed" Section 9. USE OF PREMISES 9.01 LICENSEE shall allow no waste or injury to the premises. In the event such waste or injury does occur upon the premises as.a result of misuse or neglect by LICENSEE's personnel, then LICENSEE shall be responsible for all necessary repairs to the premises. LICENSOR shall determine the•extent ofrepairs deemed necessary. Section 10. ACCEPTANCE OF PREMISES 10.01 In executing this Agreement, LICENSEE agrees it has made a full examination and inspection of the licensed premises and equipment and that said premises and equipment are adequate and in satisfactory condition for the uses contemplated and further that LICENSEE accepts said premises and equipment AS IS. LICENSOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE PREMISES OR THE USE AND OCCUPANCY AUTHORIZED OTHER THAN THOSE CONTAINED IN THIS AGREEMENT. Section 11. COMPLIANCE WITH LAWS 11.01 LICENSEE shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, City of Coral Springs and of any other public authority which may be applicable to the use of the City of Coral Springs Police Firearms/Training Facility by LICENSEE. LICENSEE shall obtain, at its expense, any and all required permits and licenses. The parties agree that there shall be no segregation or discrimination practiced at the City of Coral Springs Police Firearms/Training Facility because of race, color or creed against any visitor, participant or attendee. Section 12. LICENSE NOT A LEASE 12.01 This Agreement shall not be deemed to be a lease of the facilities by LICENSOR, but rather a license granted to LICENSEE by LICENSOR to use and occupy the premises under the terms and conditions stated herein. No leasehold interest in the premises is conferred upon LICENSEE under the provisions hereof. Section 13. ENTIRE AGREEMENT; NO ORAL MODIFICATION 13.01 This Agreement represents the entire and integrated agreement between LICENSOR. and LICENSEE and supersedes all prior negotiations, representations or agreements, either written or verbal. This Agreement may only be amended by written instruments signed by both LICENSOR, through its Commission, and LICENSEE and may include other services only if directly related to the intent and scope of this Agreement. The failure of a party to insist on strict performance of any of the terms of this Agreement shall not be construed as a waiver or relinquishment for the future of any term, condition or election, but the same shall remain in full force and effect. Section 14. GOVERNING LAW AND VENUE 14.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. Page 5 of 7 DOC: 3041 "as -needed" Section 15. ENTIRE AGREEMENT 15.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. Section 16. SEVERABILITY 16.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. Section 17. NOTICES 17.01 All notices or other communications required by this Agreement shall be in writing and deemed delivered upon mailing by certified mail, return receipt requested to the following persons and address unless otherwise specified herein: 1. Roy Arigo, Chief of Police City of Coral Springs 2801 Coral Springs Drive Coral Springs, Florida 33065 2. Lt. John Grimes City of Parkland 6500 Parkside Drive Parkland, Florida 33067 IN WITNESS WHEREOF, LICENSOR, City of Coral Springs, and LICENSEE, City of Parkland, have executed this License Agreement the day and year first above written. LICENSEE CITY OF PARKLAND, a municipal corporation, organized and existing under the laws of the State of Florida Approved b 1 4: Sal Pagli Mayor LICENSOR CITY OF CORAL SPRINGS, a municipal corporation, organized and existing under the laws of the State of Florida Approve] by: Rosario "F y" A. A 'go Chief of Police Approved as to form: Assis City ney Assistant A for PRMA Fi of 7 STATE OF FLORIDA ) ) ss. COUNTY OF BROWARD ) I HEREBY CERTIFY that on the Z8 day of .ia4c•iza 19 92, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, Rosario "Roy" A. Arigo, Chief of Police of the City of Coral Springs, signing this License Agreement by and through the Coral Springs City Commission and authorized to execute the same by City Commission •action on the 2nd day of July, 1991. WITNESS my hand and official sealat Coral Springs, Broward 1' County, Florida, this 28'- day of . /q Q44CCLz(j;/ , 19 My Commission NOTARY PUBLIC S. , of Florida. 4F-41_16/ F y FE Expire iCARYPUBLICSTATE3PiLCORIDA / NO/ Y%DG(AL a.'it MY CDSLMLSSION EXP.DEC.9.:Y15 ribNFD /S fi z.suidtLcY BONDED THRU GF_NTRAI. Pa UND. kNO:v tl 7' INE. STATE OF FLORIDA ss. COUNTY OF BROWARD I HEREBY CERTIFY that on the c"?/51- day of 19 personally appeared before me, an officer ly auth rized to a inister oaths and take acknowledgements, Sa1'Wagliara Mayor, City of Parkland, signing this License Agreem t and authorized to execute the same on the 2/ SY day of 19 92. WITNESS my hand and official se at Parkland, Broward t4;County, Florida, this J'� S2day of +�*{ , 19 9 v My Commission Expires: •' resST FU?LIC SLATE or FLOFJDA Lt'i