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HomeMy WebLinkAboutSeminole State College Facilities Use Agreement FY19AGREEMENT FOR LAW ENFORCEMENT AGENCY USE OF SEMINOLE STATE COLLEGE PUBLIC SAFETY TRAINING COMPLEX GENEVA, FLORIDA, FISCAL YEAR 2018-19 Law Enforcement Agency: Contracting Agency: Contracting Agency Address: City, State, Zip: Contact Person's Name: Contact Person's Telephone Number: Contact Person's email address: Winter Springs Police Department City of Winter Springs 1126 E. State Road 434 Winter Springs, FL 32708 Lt. Will Maxwell 407-327-7958 wmaxwell@winterspringsfl.org In consideration of the mutual promises and agreements described herein, Seminole State College ("College") hereby agrees to the use of its Public Safety Training Complex located at 2450 Gun Range Road, Geneva, Florida, 32732, by the Law Enforcement Agency named above ("User") upon the following terms and conditions: 1. Seminole State College shall: a. Make available to User the Public Safety Training Complex facilities indicated below and furnish light, heat, and water by means of the appliances installed for ordinary purposes, but for no other purposes. b. Be fully responsible for its own acts of negligence and the acts of negligence of its respective officers, agents, and employees acting within the scope of their agency or employment and agrees to be responsible for any damages resulting from said negligence subject to the limitations and defenses provided by Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by the College. Nothing herein shall be construed as consent by the College to be sued by third parties in a manner arising out of this Agreement. c. Make reasonable efforts to schedule the use of the Public Safety Training Complex at the request of the User. Activities of Seminole State College shall have first priority in use of the Public Safety Training Complex. d. Designate the Dean Center for Public Safet° as the contact person for Seminole State College, who shall be responsible for scheduling use of the Public Safety Training Complex. 2. The Law Enforcement Agency ("User") shall indicate its use of the Public Safety Training Complex below. Check all that apply: a. Gun Range 1. Law Enforcement Officers - User shall submit a roster of the officers and other employees that will use the Gun Range by September 30. 2018, at City of Winter Springs- GEN Law Enforcmt - Agreement - Eff 2018-08-24 -PST 2019-19.docx rev.8-24-18 AGREEMENT FOR LAW ENFORCEMENT AGENCY USE OF SEMINOLE STATE COLLEGE PUBLIC SAFETY TRAINING COMPLEX GENEVA, FLORIDA, FISCAL YEAR 201849 which time the annual payment will be due for the period October 1 2018 throw h Se tember 30 2019. Users providing the full roster of their officers and other employees that will use the Gun Range are also authorized to use the Gun Range as follows: a. Law Enforcement Officers' Safety Act (LEOSA) H.R. 218 — Qualified Retired Law Enforcement Officers, as determined by User, under the provisions of this law, will be supervised by User in use of the Gun Range. User is fully responsible for the actions of the participants while using College facilities. User is allowed use of Gun Range for a maximum of six (6) dates annually. b. Citizen Law Enforcement/Police Academy — The Academy introduces residents and business owners of the community to law enforcement by providing an overview of the functions of the User organization. The Academy is intended to provide the participants with a better understanding of police services. Academy participants will be supervised by User in use of the Gun Range. User is fully responsible for the actions of the Academy participants while using College facilities. User is allowed use of Gun Range for a maximum of four (4) dates annually. c. Job Applicant Testing — As part of the hiring process, applicants for jobs with the User, will be supervised by User in use of the Gun Range. User is fully responsible for the actions of the job applicants while using College facilities. User is allowed use of Gun Range for a maximum of twenty-four (24) dates annually. d. Explorer Training — The Explorer's is governed by the Boy Scouts of America and is for males and females, ages 14 to 20, that are interested in law enforcement and serving their community. Explorer participants will be supervised by User in use of the Gun Range. User is fully responsible for the actions of the Explorer participants while using College facilities. User is allowed use of Gun Range for a maximum of thirty-six (36) dates annually. e. Training Demonstrations for Family Members of User or Others — Family members of employees of User or Others will be supervised by User in use of the Gun Range. User is fully responsible for the actions of the family members while using College facilities. User is allowed use of Gun Range for a maximum of three (3) dates annually. b. Driving Track: 1. Law Enforcement Officers - User shall submit a roster of the officers and other employees that will use the Driving Track by Se tember 30 2018, at City of Winter Springs- GEN Law Enforcmt- Agreement - Eff 2018-08-24-PST 2018-19.docx rev.8-24-18 2 AGREEMENT FOR LAW ENFORCEMENT AGENCY USE OF SEMINOLE STATE COLLEGE PUBLIC SAFETY TRAINING COMPLEX GENEVA, FLORIDA, FISCAL YEAR 2018-19 which time the annual payment will be due for the period Octo 2018 throuhmITSetember„ 30 20,19. Users providing the full roster of their officers and other employees that will use the Driving Track are also authorized to use the Driving Track as follows: a. Citizen Law Enforcement/Police Academy — The Academy introduces residents and business owners of the community to law enforcement by providing an overview of the functions of the User organization. The Academy is intended to provide the participants with a better understanding of police services. Academy participants will be supervised by User in use of the Driving Track. User is fully responsible for the actions of the Academy participants while using College facilities. User is allowed use of Driving Track for a maximum of four (4) dates annually. b. Teen Driving Challenge — The Teen Driver Challenge provides young drivers with the knowledge and hands on experience to reduce their chances of being involved in a crash. The Teen Driver Challenge class consists of 8 hours of classroom instruction and driving exercises. Participants will be supervised by User in use of the Driving Track. User is fully responsible for the actions of the Challenge participants while using College facilities. User is allowed use of the Driving Track for a maximum of eight (8) dates annually. 3. The Law Enforcement Agency ("User") shall: a. Obtain at the User's own cost and expense any and all licenses or permits required by law or ordinance. Any statement of rules or regulation accompanying each license or permit shall be a part of this agreement. b. Provide a Certificate of Insurance or a qualified letter of self-insurance showing coverage for General Liability, Property, and Worker's Compensation (the "Proof of Insurance"). The Proof of Insurance must show adequate coverage for the acts of all persons utilizing the Public Safety Training Complex pursuant to this Agreement. c. Not remove any College property from the Gun Range or Driving Track. In the event any College property is found missing, the User is responsible for its replacement cost. d. Make no alteration or changes to the premises without the prior written consent of the Executive Vice President and Chief Financial Officer or designee. All changes must be done under the supervision of Seminole State College personnel. e. Not reassign this Agreement or sublet the premises or any part thereof, or use said premises or any party thereof, for any purpose other than that herein specified, without written consent of the Executive Vice President and Chief Financial Officer or designee. f. Not bring on the premises, possess, or use of any alcoholic beverages, drugs, or gambling devices of any kind. Any person under the influence of intoxicating beverages or drugs shall be denied the opportunity to participate in any activities on College premises. City of Winter Springs- GEN Law Enforcmt - Agreement - Eff 2018-08-24 -PST 2018-19.docx rev.8-24-18 3 AGREEMENT FOR LAW ENFORCEMENT AGENCY USE OF SEMINOLE STATE COLLEGE PUBLIC SAFETY TRAINING COMPLEX GENEVA, FLORIDA, FISCAL YEAR 2018-19 g. Not use, store, or permit to be used or stored, in or on any part of the College's premises, any substance or thing prohibited by law or ordinance, or by standard policies or fire insurance companies operating in the State of Florida. h. Be responsible for adherence to all federal, state, county, and municipal laws, including Worker's Compensation laws. i. Assume full responsibility for the character, acts, and conduct of all persons admitted to the Public Safety Training Complex with the consent of the User or User's agents. User indemnities the College for User negligence concerning the use of the Public Safety Training Complex up to the monetary caps of liability under and subject to the limitations and defenses provided by section 768.28, Florida Statutes. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity by the User or of any other privilege, immunity or defense afforded by law to User and its officers, officials, employees and agents. j. The College owns and controls its name(s), marks, logos, insignias, seals, colors, designs and symbols, and they are strictly for College use only. 1. The User may use the College's name ("Seminole State College") in materials to indicate the location of the event. However, it must be in a basic font (so as not confused with the College's logolbranding). 2. The User may not set up URLs that are similar to the College's name (SSC, Seminole State, etc.), as this could lead to confusion. 3. The User must add on all promotional materials (poster, flyer, website, etc.): "This event is not affiliated with Seminole State College of Florida." k. Hereby be notified that Seminole State College is a tobacco -free college. Tobacco of any kind, in any form, is prohibited on College property. This includes but is not limited to tobacco used in cigarettes, cigars, pipes, and electronic cigarettes. Snuff, chewing tobacco, and other tobacco products are also prohibited. I. Use frangible, lead free ammunition only. Exceptions may be granted for expending duty ammunition carried by officers at the end of its useful cycle. Other exceptions may be granted by the Range Manager or Associate Dean, Center for Public Safety, m. Provide to the Range Manager daily, the amount and type of ammunition expended and the number of officers participating. n. Use handguns and rifles only on Range A. Shotgun use will be permitted on all other ranges, except Range A. 4. Payment of Charges: a. Payment is to be made annually in advance of the commencement date for the Agreement and shall be made by check, payable to: Seminole State College. For public law enforcement agencies, the College will accept either the payment or a purchase order prior to the commencement date of the agreement. City of Winter Springs- GEN Law Enforcmt -Agreement - Eff 2018-08-24-PST 2018-19.docx rev.8-24 18 4 AGREEMENT FOR LAW ENFORCEMENT AGENCY USE OF SEMINOLE STATE COLLEGE PUBLIC SAFETY TRAINING COMPLEX GENEVA, FLORIDA, FISCAL YEAR 2018-19 b. All,pa ments or for ublic law enforcement a encies urchase orders are due at the time this agreement is si ned. Notwithstanding theITfvre oi� this.A regiment shall not be bindin u on the Colle a until acre #ed a roved and executed b the Executive Vice President and Chief Financial Officer qLjesignee. In the event this A reement is not so acre ted a roved and executed User understands and a rees its recover shall be strictl limited to the recove of an re- aid fees. c. The fees and specific details as needed for the use of College facilities are outlined in the attached Facilities Reservation form, and said form is hereby incorporated into this Agreement by this reference. 5. Term and Termination: a. This agreement shall commence on October 1, 2018, and shall be in effect until Se tember 30 2019, or be cancelled by either party upon written notice to the other party not less than 30 days prior to the termination date. 6. Acknowledgement: a. This agreement will not be binding upon the College until accepted, approved, and executed by the Executive Vice President and Chief Financial Officer or designee. Accordingly, the undersigned acknowledges and agrees that the formation of this Agreement constitutes the making of a contract within the State of Florida and agrees to submit to the jurisdiction of the courts in the State of Florida with respect to claims arising out of this Agreement. Venue for any action arising hereunder shall be in Seminole County, Florida. b. It is understood that Seminole State College as used herein shall include the employees, agents, and Board of Trustees of Seminole State College. IN WITNESS WHEREOF: The parties hereto have caused this Agreement for use of Seminole State College's Public Safety Training Complex by the named Law Enforcement Agency Use of Seminole State College Public Safety Training Complex to be executed as of the date indicated below. For Semino4q, State College: Richard L. Collins Date Interim VP of Fin Svc and CFO For User Organization - Contracting Agency:._ Cit of Winter S rin s Kevin L. Smith Print Representative Name signare Cit Mana er Position Title Date City of Winter Springs- GEN Law Enforcmt - Agreement - Eff 2018-08-24 -PST 2018-19.docx rev.8-24-18 5 AGREEMENT FOR LAW ENFORCEMENT AGENCY USE OF SEMINOLE STATE COLLEGE PUBLIC SAFETY TRAINING COMPLEX GENEVA, FLORIDA, FISCAL YEAR 2018-19 CONTRACTING AGENCY: City of Winter Borings Facilities Reservation Seminole State College / R T 11) Iteviewcd ._.;m _........_�. i eaelw to ltc iueet A Ll Val,, Facility Description of Activity Rate Amount Designations ---- ., __ .. _ -- .................... Gun Range Annual Fees: $12 per Law Enforcement Officers — The roster of officer and others on officers and others indicates a count of49. roster. $ 588.00 �......... �.,_rr _ .......�. _ Annual Fees: $27 per Driving Track Law Enforcement Officers — The roster of officer and others on Officers and others indicates a count of 47. roster. $1,269.00 Site Supervision $2.5 per hour $ Subtotal $1,857.00 es Tax Sal.. .... For real property rental .. .. ..... _ _. _.. -- ---- .. ......... 6 8.0 .......... .......��� exempt ...� �.....�.. _. ... . Grand Total $1.857.00 City of Winter Springs- GEN Law Enforcmt Agreement - Eff 2018-08-24 -PST 2018-19.docx rev.8-24-18 6 Winter Springs Police Department Training Roster - Gun Range 1. Kevin Brunelle 2. Chris Deisler 3. Kevin Presley 4. Matt Tracht 5. William Maxwell 6. Dou -, Seelw 7. Nick Romano S. Brad Heath 9. Bill Mayhugh 10. Allison Smith 11. Dan Accomando 12. A. J. Wilkins 13. Keith Whitmore 14. Marette Sims 15. Valaric Riddick 16. Dale Thrush 17. David Rane},N 18. Michelle An .;eloff 19. Kristin Herwick 20. Matt Scovel 21. Charles Quick 22. Jim Flanni ,<= 23. ohn B ri . rle 24. Terre Neisler 25. B. 1. Stephens 26. D`Allesandro Woodard 27. Jor xe Melendez 28. Anthon r Morel 29. Eric Morris 30. Benjamin Vose 31. Unn Saccente 51 Patrick Donovan i. Brittanv Hill ,14. Shawn Ward one 5' Jesus Hilerio 36. Andrew Jones 37. Oisa Aldridge 38. Ben Rivera 39. Tracy Fugate 40. Tommy Ballew 41. Julian Duque 42- �Tacob �Holc�omb 43.eff Bender 44. justice 45. Roger Chin-Toploy 147. joe Riddick 48. Tyler Pierce 49. j oshua LaMaster k-/8 �,-k.rvf Winter S rinULPolice Dc >artment Training"Roster - Drivin p Range 1. Kevin Brunelle 2. Chris Deisler 3. Kevin Preslev 4. Matt Tracht 5. William Maxwell 6. DouSeely 7. Nick Romano 8. Brad Heath 9. Rill Mayhu h 10. Allison Smith 11. Dan Accomando 12. A. J. Wilkins 13. Keith Whitmore 14. Marette Sims 15. Valarie Riddick 16. Dale Thrush 17. David Ranev 18. Michelle AnL,eloff 19. Kristin Herwick I 20. Matt Scovel 21. Charles (,uick 22. Jim Flannt in 23. a ohn Brigale 24. Terr , Neisler 25. B. 1. Stephens 26. D'Allesandro Woodard 27, Toje Melendez 28. Anthony Morel 29. Eric Morris 30. Benjamin Vose 31. Lynn Saccente 32. Patrick Donovan 33. Brittanv Hill 34. Shawn Ward .15. Jesus Hilerio 36, Andrew Jones 37. Oisa Aldrid:e 38. Ben Rivera 39. Tracv Fah rite 40. Tommy Ballew 41. Julian Duque 42. Jacob Holcomb 43�.elffliBender ju 44. justice Kin '45. Roder Chin -To lo��x 46. Michael l4arvev 47. Qoe Riddick Seminole State College of FL 100 Weldon Boulevard Sanford, Florida 327736199 Transaction Date: Receipt No: Office: Register: SEMINOLE STATE COLLEGE OF FLORIDA Dec 3, 2018 366755 Sanford / Lake Mary 00001 Departmental Receipt 16:06:28 Processed Reference: CITYOFWINTERSPRINGS INV8822 Budget Project Tax Gt_ Unit Account Fund Deat1D� Pro;.ram Class Period Grant Authority Amount SCC01 46401 3 2700 10350 07012 1,857.00 USD Total Tax Included 0.00 USD Subtotal Tender Check Total Tendered Change Due Check XCredit Card if 1857.00 USD Deposit ID Amount 1857.00 USD Page: 1 Print Date: 12/03/2018 04:06 PM 1857.00 USD 0.00 USD No. 31001 ,ility Fees 1,857.00 1 - other operating expense-facillty fees 1 Each 1,857.00 G/LAccount: 001-21 2130-555550 - training 1,857.00 Check No. 31001 1 mWZR=? I'm 1507/201 8 8822 Facility Fees 1,857.00 Ip 1 - other operating expense -facility fees 1 Each 1,857.00 G/LAccount: 001-21-2130-555550 - training 1,857.00 1 3 to :3 5 c9 11931001111 1:0631099351: 744163766811O e 0001 oR Florida League of Cities, Inc. Department of Insurance Services P.O. Box 530065 Orlando, FL 32853-0065 110MMRCE SERVICES (407) 367-1850 / (800) 445-6248 / Fax: (407) 425-9378 ISSUED TO: City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 FMIT Number: 0648 BINDER OF COVERAGE THIS IS TO CERTIFY THAT THE ABOVE NAMED MEMBER HAS SECURED COVERAGES THROUGH THE FOLLOWING SELF INSURANCE PROGRAM EFFECTIVE OCTOBER 01, 2018 Fxl Florida Municipal Insurance Trust n General Liability L_:.l Property l Auto Liability QWorkers' Compensation XX Auto Physical Damage This Binder of Coverage expires December 31, 2018 and will be replaced by a coverage document. Failure to pay premiums in accordance with the payment policies will necessitate cancellation of this binder. Date Issued: September 17, 2018 Authorized Representative Limits of Liability and Deductible information are on file with the Administrator. Florida Municipal Insurance Trust CERTIFICATE OF COVERAGE ..... _..... Certificate Holder Administrator Issue Date 10/11/2018 SEMINOLE STATE COLLEGE Florida League of Cities, Inc. 100 WELDON BLVD Department of Insurance and Financial Services SANFORD FL 32773 6199 P.O. Box 530065 Orlando, Florida 32853-0065 COVERAGES THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT. ----------------------- COVEIRAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEIAENT NUMBER: FMIT 0646 COVERAGE PERIOD: FROM 1011/18 �" COVERAGE PERIOD: TO 10/1/19 12:01 AM STANDARD TIME TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY General Liability ❑ Buildings ❑ Miscellaneous ® Comprehensive General Liability, Bodily Injury, Property Damage and ❑ Basic Form ❑ Inland Marine Personal Injury ❑ Special Form ❑ Electronic Data Processing ® Errors and Omissions Liability ❑ Personal Property ❑ Bond ® Supplemental Employment Practice ❑ Basic Form ❑ ® Employee Benefits Program Administration Liability ® Special Form ® Medical Attendants'/Medical Directors' Malpractice Liability ❑ Agreed Amount ® Broad Form Property Damage ❑ Deductible $1,000 ® Law Enforcement Liability ❑ Coinsurance WA ® Underground, Explosion & Collapse Hazard ❑ Blanket ❑ Specific Limits of Liability ❑ Replacement Cost Combined Single Limit ❑ Actual Cash Value Deductible Staploss $25,000 Automobile Liability Limits of Liability on File with Administrator ® All owned Autos (Private Passenger) TYPE OF COVERAGE -WORKERS' COMPENSATION ® All owned Autos (Other than Private Passenger) ® Hired Autos ❑ Statutory Workers' Compensation ® Non -Owned Autos ❑ Employers Liability $1,000,000 Each Accident $1,000,000 By Disease $1,000,000 Aggregate By Disease Limits of Liability Combined Single Limit ❑ Deductible N/A Deductible Stoploss $25,000 ❑ Automobile/Equipment — Deductible ® Physical Damage $1,000 - Comprehensive - Auto $1,000 - Collision - Auto WA - Miscellaneous Equipment Other The limit of liability is $200,000 Bodily Injury and/or Property Damage per person or $300,000 Bodily Injury and/or Property Damage per occurrence. These specific limits of liability are increased to $2,000,000 (combined single limit) per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Section 768.28 (5) Florida Statutes or liability/settlement for which no claims bill has been filed or liability imposed pursuant to Federal Law or actions outside the State of Florida ........... Description of Operations/Locations/Vehicles/Special Items Re: Firearms Training and Emergency Vehicle Operations (Driving) The certificate holder is hereby added as an additional insured, except for Workers' Compensation and Employers Liability, as respects the member's liability for the above described event. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE DESIGNATED MEMBER CANCELLATIONS SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE CITY OF WINTER SPRINGS PROGRAM, IT AGENTSmOR R_ IrITATN�E . 1126 EASTSTTE ROAD 434 WINTER SPRINGS FL 32708 TE ., ...i AUTHORIZEDREPRESENTATIVE ' FMIT-CERT (10196) 4 Moon Ex nFa/14 onsumers Certificate mm . ti _.�.t of emption � R. ,a,s all C Issued Pursuant to Chapter 212, Florida Statutes FLORIDA Certiiicala Number Eliactive Date y d Ex .fraticn Date_ Exemption " 85 8012529604C 0 � 0413012017 � 04/30/2022 MUNICIPAL GOVERNMEN T P Category m � This certifies that CITY OF WINTER SPRINGS 1126 E STATE ROAD 434 WINTER SPRINGS FL 3270E-2715 is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. DFI-14 Important Information for Exempt Organizations R. 10/15 r 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038, Florida Administrative Code (F.A.C.). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible personal property, sleeping accommodations, or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, F.A.C.). 5. it is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree felony. Any violation will require the revocation of this certificate. 6. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Account Management at 800-352-3671. From the available options, select "Registration of Taxes," then "Registration Information," and finally "Exemption Certificates and Nonprofit Entities." The mailing address Is PO Box 6480, Tallahassee, FL 32314-6480.