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FACILITIES USE AGREEMENT (4) .,., . , I I , CITY OF CLEARWATER FIRE DEPARTMENT CLEARWATER, FLORIDA FACILITIES USE AGREEMENT This agreement, executed the ~ day of November , 19 90, by and between the City of Clearwater, a Florida municipality, herein called the City, Fire Department, or Fire Chief, and Laroo Fire Dept. , herein called "Us~r". WITNESSETH: In consideration of mutual agreements herein contained, the User hereby accepts the terms and conditions herein set forth. 1. This Agreement is for the use of Training Facilities at 1700 N. Belcehr rd. , the purpose of which is Fire T ra i n i n g commencing at 0800 , for the period of ~ days, (t ime) on the ~ day of December 19..3.Q., and ending at 0800 (t ime) on the 30th day of November 1991. -<-",- the use of the above-named facilities. 2. User agrees to pay to the City the sum ,of $ See notes'for in Para. 3 User rates are based on an "as is" basis, and unless otherwise provided shall include only normal utilities, maintenance, building lighting, and water as installed on the premises. Unless otherwise agreed herein, said payment shall be made at or before the time of use. 3. In addition to the above rate, or in lieu of a rate, the following conditions are imposed upon User in ~onsideration ,p? --1 P--r4(:::' 0(/ , ~--,1 c~~.".t/t....e- 00- C//9--o() 09) I I FACILITIES USE AGREEMENT page Two for use of the described premises or facilities: Joint Dri I Is at No Charge Regular Fee $35.00 per Half DaY1 $65.00 for Ful I Day Oi 11 Propane and Hay at market price 4. User agrees to indemnify the City and its officers, employees and agents, and save and hold them haImless from any and all damages, loss, or liability occurring by reason of any injury to person or property occasioned by any act or omission, neglect or wrongdoing of the User or any of User's officers, agents, representatives, guests, students, employees, or persons contracting with User and User will, at its own cost and expense, defend and protect the City and its Fire Department or any officer, employee, or agent thereof against any and all such claims or demands. Insurance certificate or statement of self- insurance shall be furnished. 5. User agrees to use and occupy said premises in a safe, prudent, and careful manner, and shall comply with all applicable laws, rules, regulations, and ordinances of governmental authorities and the Fire Department. 6. User agrees to provide, at its expense, all necessary insurance and safety devices in such form and amounts as may be required by the city through the Fire Chief or other authorized representative. .! I I FACILITIES USE AGREEMENT Page Three 7. User agrees it will not permit the premises or any. part thereof to be used for any unlawful or immoral purposes or in any, '~" manner as to injure any persons or property. 8. User agrees that if said premises or any portion of said building or facilities, during the term of the use, shall be damaged by the act, default or negligence of Us~r's agents, .! employees, students, guests, or any person admitted to said premises by User, User will pay to the Fire Department upon demand such sum as shall be necessary to restore said premises, or property (real or personal), to their original condition, excepting normal wear and tear. User hereby assumes full responsibility for supervising and controlling the use of the specified premises or facility by any person authorized or permitted access to or use thereof by User. 9. User agrees not to admit to said premises a larger humber of persons than the facilities thereof will accommodate, or who can safely be supervised in said provided areas and the decision of the Fire Chief in this respect shall be final. 10. User shall not obstruct, nor suffer or permit to be obstructed, any buildings, roads, halls, walkway areas, or exits. 11. The premises and buildings and its keys shall always be under the control of the Fire Department, unless otherwise expressly provided in this Agreement. , . I I FACILITIES USE AGREEMENT Page Four 12. The following special conditions, requirements, or provisions shall apply to and govern this Agreement: " 13. The use of the facilities shall be governed by the attached "Rules For Use of Facility," which are incorporated into this Agreement. , I FACILITIES USE AGREEMENT Approved as to form: il~!rY;~Kftfty. Rita Garvey Mayor-Commissioner Approved as to form and correctness: ~ M. A. Galbrai 'Ci ty Attorne I Page Five USER: >\ LARGO FIRE DEPARTMENT, BY: " Largo, FL ' 34649-:0296 PHONE: x ,., 81'3'-5/37;"6714 v November ;,19" ;1;990 /" DATE: CITY OF CLEARWATER, FLORIDA By: Michael J. Wrigh City Manager Attest: - ~.:~, )4.. Cynth a E. Gofide~u City lerk ' . -... - ~;,. ~. ' . ~ ." sJANDARD OPERATING PROCEDUREJ for the use of CLEARWATER FIRE DEPARTMENT'S TRAINING FACILITIES 1700 N. Belcher Rd. PURPOSE The Clearwater Fire Department maintains a fire and emergency medical services training facility at 1700 N. Belcher Road for the purpose of training firefighters, paramedics, emergency medical technicians, other city employees, civilians, and by contract other agencies and their employees and/or trainees in the procedures of firefighting and emergency medical services, The scope of the training shall encompass the areas of fire fighting activity as set forth by Florida Statute 633 and emergency medical services training as established by Florida Law Chapter 401 and all other laws of the state of Florida, the County of Pinellas, and the City of Clearwater as they effect the operation of the Fire Services. ACCESS TO FACILITY 1. No access to the training facilities nor use thereof is allowed unless it is scheduled through the office of the Clearwater Fire Chief whose offices are located at 610 Franklin st. and whose phone number is 462-6300. 2. No agency or group or individual shall be permitted the use of the facility without first initiating a written agreement with the City of Clearwater and having said agreement approved in writing by the City Manager. 3. A list of approved users of the facility shall be maintained by the Training Division and copies shall be furnished to the Fire Chief and the City Manager. The written agreements shall be maintained in the City Clerk's office with copies in the Fire Chief's office and at the Training Dfvision. 4. The schedule of the use of the Training Facility shall be maintained in the office of the Training Division. The authority to grant use of the facility shall be that of the City Manager or his designee. 5, Any visitors to the Training Grounds must register at the Training Office or with the Person in-charge of the training function that is using the facilities. And in such case, no visitor shall be allowed into or onto the Training Tower without permission of the Fire Chief. \ 1 USE OF TRAINING ~CILITY (cont.) page 2 I SAFETY 1, All practical firefighting activities shall be under the control of a designated Safety Officer who shall have at least a certificate in the Methods of Instruction as established by the Florida Firefighter Standards Council. 2. All rules of safety as set forth by the Florida Firefighter Standards Council and the Florida Emergency Medical Services Council shall govern the activities at the facility. Any activity not specifically covered by the above listed agencies shall be governed by the rules of the Clearwater Fire Department and/or a recognized training organization, i.e.: Rappelling would be governed by the procedures of California Mountain Co, Rope Rescue School or ROCCO or Military Standards for Rappelling practices. 3. No minor with exception of the members of Clearwater Fire Explorer Post 919 shall have access to the training tower at the facility. Explorer Post members who are training on the Training Tower must have direct supervision from adult supervisors. 4, No minors or unapproved individuals are permitted to rappel from the training tower, (NO EXCEPTIONS) 5. Rules of Conduct: A. There shall be no Horseplay. B. There shall be no sports activities permitted during "breaks" between training activities. C. Proper attire as required by the Activity will be worn. D. The training tower will be locked at all times when not in use. 6. The Clearwate~ Fire Dept. reserves the right to stop any training evolution, activity or program at any time. 7, All facilities will be left in a clean and usable manner at the conclusion of any activity. ~ 7/.' 4./,,--- Ron H. Rabun City Manager C[:{16 J , .. , . ....-~~ . ! 'MEMORANDUM TO: 0)-1 The City Commission of the City of Clearwater SUBJECT: Agenda No. $/eX Meeting Date: 9/L- USER'S FEE - FIRE DEPARTMENT TRAINING FACILITY RECOMMENDATION: Approve a "user's fee" for the use of the Fire Department training facilities by governmental and non-governmental agencies, and to allow the City Manager to administer these fees. IE' And that the appropriate officials be authorized to execute same. 8ACKGROUN D: The Fire Department Training Grounds, located at 1700 Belcher Road, are presently being shared on a contract basis with Pinellas Vocational Technical Institute (P,V.T.I.). This contract will not be renewed by P.V.T.I. for fiscal year 1985/86 since their training load will not justify the annual expenditure of $5,200. The Fire Department does receive requests from other governmental and non-government~ agencies requesting the use of the training facilities. An operational and capital cost study was perfonned and a "user's fee" of up to $65.00 per day is being recom- mended. Additionally, because of the urgency of the requesting agencies to have an answer so classes can be scheduled, it is recommended that the City Manager be grant: the authority to administer the fire training user's fee program. It is anticipated that annual user's fee revenue will be in excess of $6,500. A cop~ of the proposed Facilities Use Agreement is attached. 'f" - . f.' ), I . 1_. .........;.~ , '-., C} . ~'Y'- , " 'N ''':'' (\.~'''''\ " _, h....\.JU ~ri} Commission Disposition: (') J) 1J.t rpJJ c\ Submitted by: Advertised: Follow-up Action: rlllL I ~\Vl rl r) + Cas t s : U I'j/ A ~ At t a c h men t s Funding Source: o Capital Improve- 'Facilities Use ment Budget :\greement o Operating Budget o Other .J ." ,~ ,,-' ~ ('~.;: .~ ",,~ 'v'_~_ Date: ~/~ o Affected Parties Notified of Meeting City Manager Paper: o Not Requi red o Nor Required ~ - Originating Department: