HomeMy WebLinkAbout1994-63 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
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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.
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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
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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)
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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
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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
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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:
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NOTARY PUBLIC
SEAL OF OFFICE
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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
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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