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1994-63 Authorizing Agreement with Coral Springs for Use of Police Firearms Training FacilityRESOLUTION NO. 94 - 63 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AUTHORIZING ENTERING INTO A REVISED AGREEMENT WITH THE CITY OF CORAL SPRINGS FOR THE CONTINUED 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 revised 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 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 7 DAY OF December 1994. SUSAN ARMSTRONG, C.M.C.,ITY CLERK SAL GLIARA, 00R-14'f JICENBE AGREEMENT FOR FIREARMS/TRAILING FACILITY THIS AGREEMENT, made and entered into the 7th day of December , 19 94 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 Asnn ParkgiAP 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 fpllows: Section 1. TERM OF AGREEMENT 1.01 The term of this Agreement shall be from January 1, 1995. to December 31, 1995, 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 Page 1 of 10 DOC: 3022 "as -needed" 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) c) d) e) f) personnel to operate facility equipment; targets; gun cleaning equipment; eye and ear protection equipment; 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 atyy 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. Page 2 of 10 DOC: 3022 "as -needed" AMENDED PAGE 3 SECTION 4 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 FIFTEEN DOLLARS ($15.00) 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. 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 Page 3 of 10 DOC: 3022 "as -needed" 2.08 LICENSEE shall not use the facility unless LICENSEE's firearms instructor is present. 2. 9 Only LICENSEE's sworn personnel will be authorized to use the facility. Sworn personnel are defined as a full - ti e ulltime aw enforcement officer, a part-time law enforcement office or an auxiliary law enforcement officer pursuant to Section 43.10 F.S. When LICENSEE has finished using the range for the day, LICENSEE's firearms instructor will • provide a ••mpleted and signed range usage form indicating the number • personnel utilizing the facility that day.' Section 3. DUTIES D RESPONSIBILITIES OF LICENSOR; 3.01 LICENSOR sh- 1 provide the following: a) the pistol and/or rifle ranges; b) a range offi r to demonstratthe proper use of facility equip ent; c) classroom space •r classroom training; d) serviceable target •ackers Section 4. COMPENSATION 4.01 LICENSEE shall pay to LICEN •R a fee of Five Dollars and Fifty Cents ($5.50) per sworn 11 -time, part-time or auxiliary police officer, per day, f,r usage of the facility. Usage of the facility will •e allocated on an as - needed basis and upon the'availability of the facility. .i 4.02 A thirty (30) day delinquency in tpayment of this license fee shall constitute a breach of this Agreement. Should LICENSEE become delinquent by more t•an sixty (60) days in any of itsiayments to LICENSOR, thi- license shall automatically to mate and shall not be res •ped until such time as all delinquent payments are brought cu rent. Section 5. ACKNOWLEDGEMENTS 5.01 LICENSEE acknowledges that firearms training is an inherently/aangerous 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 S. ings Police�Firearms/Training Facility. INDEMNIFICATION Page 3 of 10 "as -needed" 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 Section shall survive the execution, delivery and performance of this Agreement. Section 7. INSURANCE . P 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 4 of 10 DOC: 3022 "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 Page 5 of 10 DOC: 3022 "as -needed" 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. 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 of repairs 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. _4 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 Page 6 of 10 DOC: 3022 "as -needed" 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 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 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. Section 15. SEVERABILITY 15.01 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 16. NOTICES 16.01 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: Page 7 of 10 DOC: 3022 "as -needed" NOTARY PUBLIC SEAL OF OFFICE Page 9 of 10 DOC: 3022 "as -needed" Printed, typed or stamped name of Notary Public exactly as Commissioned Individuals who signed are personally known; no identification produced; oath was taken State of FLORIDA County of BROWARD The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida , on this, the 7 day of December , 19 94, by Sal Paciliara, Mayor, City of Parkland NOTARY PUBLIC SEAL OF OFFICE i:. 9 Notary Public, Sta of Florida: NOTARY PUBLIC, STATE OF FLORIDA MY COMMISSION EXPIRES: Feb. 18, 1995. BONDBQ TNRUJYOTAAY PUBLIC UNDERWRITER$, HELEN M. LYNOTT #CC 075539 Printed, typed or stamped name of Notary Public exactly as Commissioned Individuals who signed are personally known; no identification produced; oath was taken Page 10 of 10 DOC: 3022 "as -needed" OFFICE OF THE CITYATTORNEY CITY OF CORA c.9.RINGS FLORIDA January 23, 1994 Lt. John Grimes Parkland Public Safety Dept. City of Parkland 6500 Parkside Drive Parkland, Florida 33067 RE: Firearms Training Facility Agreement Dear Lt. Grimes: 9551 WEST SAMPLE ROAD CORAL SPRINGS, FLORIDA 33065 TELEPHONE (305) 344-1010 FAX (305) 344-5930 Enclosed please find your fully executed copy of the above referenced agreement. Please note that the compensation has increased to $15.00. PAGE 3 SECTION 4, COMPENSATION has been amended. Please sign in receipt of Amended Page 3 Section 4, Compensation, and return in the self -address stamp envelope. IN RECEIPT OF AMENDED PAGE 3 SECTION 4 COMPENSATION BY: Thank you for your attention to this matter. /rmt Enclosures Doc. #26002 Very truly yours, Rochelle M. Turner Secretary to John J. Hearn Assistant City Attorney