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LICENSE AGREEMENT FOR USE OF THE CLEARWATER POLICE DEPARTMENT'S DISTRICT III TRAINING FACILITYFor Official Use Only LICENSE AGREEMENT FOR USE OF THE CLEARWATER POLICE DEPARTMENT'S DISTRICT III TRAINING FACILITY Parties This License Agreement (Agreement) is joined by the following entities (collectively, the Parties): the Tampa Division of the Federal Bureau of Investigation (FBI) and the City of Clearwater, a political subdivision of the State of Florida. In this Agreement, the City of Clearwater is referred to as the Licensor. Purpose This Agreement defines the scope of responsibilities of the Parties concerning the use of the Clearwater Police Department District III Training Facility (Premises), which is located at 2851 North McMullen Booth Road, Clearwater, Florida. 3. Authority The FBI is entering into this Agreement under 28 U.S.C. § 533 and 28 C.F.R. § 0.85. 4. Grant of License Licensors hereby grant to the FBI a license to occupy and use, subject to all the terms and conditions stated or referenced herein, the Premises, including available parking areas. Licensors agree that there are no costs/fees associated with the use of the Premises by the FBI. 5. Coordinators The FBI and the Licensors will assign points of contact (POCs) for this Agreement. The POCs will address and resolve all issues related to this Agreement. The Parties agree to coordinate safety issues, jurisdictional matters, and other issues through their designated POC. For Official Use Only This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headuarters. For Official Use Only 6_ Terms and Conditions For Use A. All activities of the Parties under this Agreement will be carried out in accordance with the terms and conditions of this Agreement. B. The Licensors shall, at all times, have priority use of the Premises for its own needs to train its personnel; C. The Premises may be occupied and used by the FBI as a firearms training facility to conduct firearms and tactical training during such days and dates as are mutually agreeable to the Licensors, with the understanding that the FBI shall be given preference in scheduling and use for training on the Premises in concert with the Chief of Police of the Clearwater Police Department's scheduling for itself and other licensees; D. The FBI shall have preference for the use of the Premises over other licensees for the purpose of training FBI employees and/or appointees, provided however, the FBI shall submit its firearms training schedule to the Chief of Police of the Clearwater Police Department no later than December 31 st of each license year, or otherwise as agreed to by the Parties; E. The FBI agrees to maintain the Premises in a clean and usable condition and will be responsible for all necessary cleanup of the Premises after each use by the FBI; and F. The FBI agrees to abide by any and all administrative, operational, and safety rules and regulations established jointly by the Licensors, or either of them separately, at all times during the use of the Premises. Any breach of any rule or regulation established by the Licensors will be resolved in accordance with section 10. 7. Funding, Fees, and Other Consideration The Licensors agree to accept the empty ammunition brass of the FBI fired during each training day in lieu of charging a fee to use the Premises. Any used and discarded cardboard backings by the Licensors can be provided to the FBI for their use at the range. For Official Use Only This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. For Official Use Only 8. Utilities The Licensors agree to pay for those utilities that may be situated upon the Premises at the time that the Premises is used pursuant to this Agreement, which are reasonably consumed by the FBI during the FBI's use of the Premises. 9. Liability A. Unless specifically addressed by the terms of this Agreement, each Party shall be responsible for any claims for damages to any persons and/or property, arising from its own conduct, and retain immunity and all defenses available to them pursuant to applicable state and federal law. The FBI further agrees to indemnify and hold harmless the Licensors from any and all liability, including attorney's fees, resulting from injury to persons or property arising from the FBI's use of the Premises in an amount not to exceed three million dollars ($3,000,000.00). Should damages to the Licensors exceed three million dollars, the FBI will request additional appropriations from the U.S. Congress to make Licensors whole. B. Each Party acknowledges that its liability, if any, for the negligent or wrongful acts or omissions committed by its employees and/or members is governed by applicable state and/or federal law (for the FBI, the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680; for the City of Clearwater and/or the Clearwater Police Department, the Florida Sovereign Immunity Act, Florida Statutes § 768.28, as revised). Nothing herein should be construed as supplanting any applicable statute, rule, or regulation. Should an FBI employee and/or appointee be injured in the performance of his/her duties, he/she is entitled to file a worker's compensation with the United States Department of Labor, C. Nothing in this section prevents any party from conducting an independent administrative review of the incident giving rise to the claim; however, final disposition of the claim will be handled as provided herein. The Licensors agree to notify the FBI of any administrative claim arising out of an activity conducted pursuant to this Agreement. The Parties further agree to cooperate fully with one another in the event of an official investigation arising from alleged negligence acts or misconduct related to the use of the training facility. D. Notwithstanding any limitation imposed by law, public policy or this Agreement to indemnify and hold harmless the Licensors, the FBI agrees, at all times, to repair or replace any damaged real or personal property of the Licensors when said damage occurs while the 3 For Official Use Only This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. For Official Use Only Premises is under the control and use of the FBI. The Licensors shall not be responsible for any loss of any property or equipment, for any reason or under any circumstances, belonging to the FBI. 10. Dispute Resolution Disagreements between the Parties arising from this Agreement will be resolved only by consultation between the Parties and will not be referred to a local, state, or federal court. Issues or problems arising under the Agreement that cannot be resolved by POCs may be raised by any Party, through appropriate channels, to an FBI Contracting Officer for resolution. 11. Amendments and Duration A. Unless otherwise provided, this Agreement may be amended or modified by the mutual written consent of the Parties' authorized representatives. B. This Agreement will become effective upon signatures of all Parties, and will remain in effect for five (5) years. This Agreement may be extended by mutual written consent of the Parties' authorized representatives. C. This Agreement may be terminated at any time upon the mutual written consent of the Parties. In the event the Parties consent to terminate this Agreement, the Parties will consult prior to the date of termination to ensure termination on the most economical and equitable terms. Any Party may terminate this Agreement with thirty (30) days written notification to the other Parties. Such notice will be the subject of immediate consultation by the Parties to decide upon the appropriate course of action. In the event of such termination, the following rules apply: The terminating Party will continue participation, financial or otherwise, up to the effective date of termination. All information and rights received under the provisions of this Agreement prior to the termination will be retained by the Parties, subject to the provisions of this Agreement. 4 For Official Use Only This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. . �� For Official Use Only SIGNATORIES �or the City of Clearwater: City Manager Clearwater City Council Cammission Date: For the Clearwater Police Department: Date: /v�� 7�/� For the Federal Bureau af Investigation: � Contr cting ficer FBI ea ua ers, Washing on, DC MauryV.Taylor Contracting Officer Date: is 2ni � Federal Bureau af Investigation r Ste en E. Ibison Special Agent in Charge Date: � �U For Official Use Only � - This document is the property of the �BI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. Signature Page - Agreement between Clearwater Police and Tampa Division FBI (2010-2011) Countersigned: r Frank V. Hibbard Mayor CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Approved as to form: 04?A-. Lw't* Robert J urette Assistan ity Attorney Attest: 10