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1999-33 Agreement between Parkland and Coral Springs-Fire Training RESOLUTION NO. 99- 33 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AUTHORIZING CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PARKLAND AND THE CITY OF CORAL SPRINGS TO PROVIDE FIRE TRAINING WHEREAS, the City Commission of the City of Parkland, Florida finds and determines it is in the best interests of the citizens of the City to enter into the attached Agreement with the City of Coral Springs, Florida for the purpose of providing fire training facilities and services; . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: ~ The appropriate City officials are hereby authorized to execute the Attached Agreement between the City of Parkland, Florida and the City of Coral Springs, Florida. Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 16 DAYOF JUNE , 1999. CITY OF PARKLAND, FLORIDA ~~ ATTEST: C)dLfuJ ~L'~ HELEN L YNO CITY CLERK AGREEMENT BETWEEN THE CITY OF PARKLAND, FLORIDA AND THE CITY OF CORAL SPRINGS, FLORIDA TO PROVIDE FIRE TRAINING ~~ AGREEMENT, made and entered into the ~ ' 19q9 by and between: f.o-cJ1 day of CITY OF CORAL SPRINGS, FLORIDA a municipal corporation 9551 West Sample Road Coral Springs, Florida 33065 (hereinafter referred to as "CITY") AND CITY OF PARKLAND a municipal corporation 6500 Parkside Drive Parkland, Florida 33067 (hereinafter referred to as "PARKLAND") WHEREAS, CITY owns, operates and maintains a fire training facility ("Facility") located at the Cagle Fire Station, 11800 NW 41 Street, Coral Springs, Florida, which has been designed to provide the City of Coral Springs the capability of training firefighters; and WHEREAS, PARKLAND in order to provide more efficient firefighter training for the protection of its citizens is desirous of using the Facility for the continued training of its members; and WHEREAS, Resolution No. ~-~adopted by the City Commission of the City of Coral Springs, authorizes the Fire Chief, Coral Springs Fire Department, to enter into an agreement to provide training and/or utilize the Facility whenever it is deemed to be in the best interest of public safety; now, therefore IN CONSIDERATION of the covenants and conditions herein expressed and of the faithful performance of all such covenants and conditions, CITY and PARKLAND do mutually agree as follows: Fire rescue training 5/19/99 doc: 46043 Page 1 of 10 Section 1. TERM OF AGREEMENT 1.01 The term of this Agreement shall be from July 1, 1999 to September 30, 1999 and shall be automatically renewable from year to year for twelve (12) month periods. However, either party may terminate this Agreement by providing thirty (30) calendar days written notice. Section 2. DUTIES AND RESPONSIBILITIES OF PARKLAND 2.01 PARKLAND and its members shall have use of the Facility upon scheduling dates and times with the Coral Springs Fire Department. The Fire Department will schedule the use of the Facility on a first-come, first-serve basis. PARKLAND acknowledges that other portions of the Facility may be simultaneously scheduled for other events, as long as a safety conflict will not arise. 2.02 PARKLAND agrees to provide necessary safety and operational equipment for personnel assigned to the training facility. 2.03 PARKLAND agrees to comply with the operational regulations promulgated by the City of Coral Springs. 2.04 PARKLAND agrees and shall require that adequate firefighting/rescue equipment shall be worn by all PARKLAND's personnel at all times while using the Facility. 2.05 PARKLAND's personnel shall only clean equipment in the designated cleaning area. 2.06 PARKLAND shall not store any equipment at the CITY's Facility. Section 3. DUTIES AND RESPONSIBILITIES OF CITY 3.01 CITY agrees to permit PARKLAND to utilize its fire training facility by permitting PARKLAND's firefighters, Fire rescue training 5/19/99 doc: 46043 Page 2 of 10 public safety officers and explorer scouts to train at the Facility under the direction of CITY instructors. 3.02 CITY agrees to instruct PARKLAND firefighters in evolutions as outlined .in the National Fire Protection Standards to ensure firefighters meet training standards as required by the Florida State Fire Marshall's Bureau of Fire Standards and Training. 3.03 CITY agrees to permit PARKLAND administrators to borrow video training tapes and training publications from its library, if available. Section 4. COMPENSATION 4.01 PARKLAND shall pay to CITY monthly installments of $500.00 for contract firefighter training. Firefighters will be working toward attaining their National Fire Protection Agency (NFPA) Firefighter II level of competence during the monthly training. 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 PARKLAND become delinquent by more than sixty (60) days in any of its payments to CITY, this license shall automatically terminate and shall not be resumed until such time as all delinquent payments are brought current. 4.03 Optional training such as Basic Recruit and Driver Operator Classes shall be invoiced separately in accordance with the schedule of fees approved by the City of Coral Springs and attached hereto as Exhibit nAY. Section 5. ACKNOWLEDGMENTS 5.01 PARKLAND acknowledges that fire rescue training is an inherently dangerous activity and expressly assumes any risk of any harm while it or any of its agents, employees, Fire rescue training 5/19/99 doc: 46043 Page 3 of 10 members or guests are present at or using the Coral Springs Fire Rescue Training Facility. 5.02 PARKLAND acknowledges and agrees that the services offered by CITY pursuant to the terms and conditions of this Agreement is subject to interference and malfunction of equipment and that the CITY in no way assumes any liability to PARKLAND or any of its employees for any harm which may be caused by interference or by malfunction of said equipment. 5.03 PARKLAND acknowledges that CITY maintains control and ownership over the training offered by the CITY and control over CITY's employees. Section 6. INDEMNIFICATION 6.01 PARKLAND agrees, as additional consideration, to indemnify and hold harmless CITY from all liability, including, but nor limited to, judgements, interests, costs, attorneys' fees, paralegal expenses, and attorneys' fees on appeal incurred by CITY as a result of the execution of this Agreement, to the extent permitted by law, except for the negligent or wrongful act or omission of CITY, its agents or employees. Section 7. INSURANCE 7.01 The parties shall each individually maintain throughout the term of this Agreement any and all applicable insurance coverage required by Florida law for governmental entities. Section 8. ASSIGNMENT 8.01 PARKLAND 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 Fire Chief. Such consent is wholly within the discretion of the Coral Springs Fire Chief. Fire rescue training 5/19/99 doc: 46043 Page 4 of 10 Section 9. USE OF PREMISES 9.01 PARKLAND shall allow no waste or injury to the premises other than normal wear and tear to the Facility. In the event such waste or injury does occur upon the premises as a result of misuse or neglect by PARKLAND's personnel, then PARKLAND shall be responsible for all necessary repairs to the premises. CITY shall determine the extent of repairs deemed necessary. Section 10. ACCEPTANCE OF PREMISES 10.01 In executing this Agreement, PARKLAND 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 PARKLAND accepts said premises and equipment AS IS. CITY 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 PARKLAND 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 Fire Rescue Training Facility by PARKLAND. PARKLAND 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 Fire Rescue 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 CITY, but rather a license granted to PARKLAND by CITY to use and occupy the premises under the Fire rescue training 5/19/99 doc: 46043 Page 5 of 10 terms and conditions stated herein. No leasehold interest in the premises is conferred upon PARKLAND under the provisions hereof. Section 13. ENTIRE AGREEMENT; NO ORAL MODIFICATION 13.01 This Agreement represents the entire and integrated agreement between CITY and PARKLAND 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. Fire rescue training 5/19/99 doc: 46043 Page 6 of 10 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: 1. William Fyfe, Fire Chief City of Coral Springs 9551 West Sample Road Coral Springs, Flo~ida 33065 2. City Manager City of Parkland 6500 Parkside Drive Parkland, Florida 33067 Fire rescue training 5/19/99 doc: 46043 Page 7 of 10 IN WITNESS WHEREOF, the CITY OF CORAL SPRINGS and the CITY OF PARKLAND have executed this Agreement the day and year first above written. CITY OF CORAL SPRINGS, a municipal corporation organized and existing under the laws of the State of Florida Approved as to form: "-I! I ~~~_~,--. '~stant City Attorney State of Florida County of Broward The foregoing instrument was acknowledged before me, the undersigned N~ta~y Public in and~r the State of Florida, on this, the I:L~ day of _ 19~, by William Fyfe, Fire Ch ef 0 the City of Coral Springs, signing this License Agreement by and through the Coral Springs City Commission and authorized to exec~.,~t~he same by City Commission action on the ~Glday of ~ ' 1999. ~~~~ MARniAADAMS NaJ'ARYPUBUC STATEOP FLORIDA COMMISSION NO. CC141415 Y MMISSION EXP. MAY 10 Fire rescue training 5/19/99 doc: 46043 Page 8 of 10 ATTEST: CITY OF PARKLAND By, -P ~ SAL PAGLIARA, M or ~ , City Clerk STATE OF FLORIDA ) )ss. COUNTY OF BROWARD ) I HEREBY CERTIFY that, on the 0l8~ day of ~ ' 19~ personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Sal Pagliara, Mayor, and Helen Lynott, City Clerk, both of the City of Parkland, signing this Agreement by and through the Parkland City Commission and authorized to execute the same by City Commission action on the 16th day of June , 1999. ~ ~~~~7T~ESS my hand and official seal at ~. County, Florida this ~'I+- day 1999. }~ ~f). (7nlJL.AL~ NOTARY PUBLIC, St:;;V~Florida My Commission Expires: fJJIJ~()Q3 ~\\'''''''''''''I" ~~'i.f;)rM A. col"~ ~ ).'" ........ v.>~~ ~ CO ..~.\l\SS/Ot\t%;...:<O~ ~ .. r;:,..... 1" · ~ ..::' ..~CJ >>~e '<'41 z.. ~ :- :~ "S ~ ~~ ~ i*: ... "':*E ::'z. . : ~~~. 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STA'l~ ~\~ :l111"IIII1""'\\~ Fire rescue training 5/19/99 doc: 46043 Page 9 of 10 EXHIBIT "A" PRICING All in-service training to include the following -$500.00 per month Monthly Module-self study (firefighter 2) Evolution- as outlined in NFPA 1410 initial fire attack Unified Physical Ability Testing Specialty Training Course- i.e.,Flashover, Repelling, Confined Space, Haz Mat Video Library- Use of over 250 fire/EMS videos Publications Library- Use of over 120/EMS publications Record Keeping -All records will be stored in a training database with reports OPTIONAL ACTIVITIES NOT INCLUDED Contract Agency Will Be Given Enrollment Preference Volunteer Recruit Class-160 Driver Operator Course - 80 student Aerial Apparatus Course - 40 Other Speciality Courses 40 hour Confined Space 40 hour Extrication 40 hour Rope Rescue 24 hour Trench Rescue state curriculum-$350.00 per student hour state curriculum -$150.00 per hours - $75.00 per student $150.00 per student $150.00 per student $150.00 per student $ 75.00 per student A-1 Fire rescue training 5/19/99 doc: 46043 CITY OF PARKLAND 6500 PARKS IDE DRIVE PARKLAND, FL 33067 (954) 753-5040 FAX (954) 341-5161 June 30, 1999 Mr. William Fyfe, Fire Chief City of Coral Springs 9551 W. Sample Road Coral Springs, FI 33065 Re: Interlocal Fire Trainine Aereement Dear Mr. Fyfe, Attached please find three (3) executed originals of the above referenced lnterlocal Agreement that was approved by the Parkland City Commission . on June 16, 1999. As I understand it, when it has been executed by The City of Coral Springs an original will be forwarded to us for our files. Should you require further information please feel free to contact me. Sincerely, ~ .., ~/)~./--?JL :z~~- Helen M. Lynott, C.MC. - - Deputy City Clerk (3) Enclosures cc: Chief Steven List, Director of Public Safety Judith Kilgore, Director of Finance MEMORANDUM TO: Bill FYfe'/ile~N , "-b- r..~ 0 --'" Rhoda Gl~S~~FJder1ngha~anttdity Atto~ Agreement Between the City of Parkland and the City to Provide Fire Training FROM: RE: DATE: June 21, 1999 Attached, per your request, are three (3) copies of the above referenced agreement for execution by the City of Parkland. Upon execution, please return the documents to the City Attorney's Office to be approved as to form. Attachments cc: Sam Goren, City Attorney D.J. Doody, Deputy City Attorney Ellen Liston, Assistant City Manager Angelo Salomone, Purchasing Administrator Captain Mike Reimer, Fire Department doc: 48046