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JOINT USE FACILITY FOR DISTRICT III TRAINING FACILITYFor Qfficial Us� Oniy JOiNT-USE-FACILITY AGRE�MENT �OR TME CL�ARWATER POLCCE DEPARTMENT'S DISTRiCT 111 TRAINING FACILITY THiS ACR�EMENT is �n#ered into ihis 3('�� day of �w� , 2012 by the CITY �F CI�EARWATER, �LORiDA, a municipal corpora#ion, and the DERAL BUREAU O'F INVESfiIGATlON (FBI). WHER�AS, the City of Clearwater and the FBi enter�d info a 5-year License Agceement, dated October 29, 2Q10, granting to the FBI a license for shared aceess ta the use the Clearwater Palice Department's District lll Training Facility so that F81 agents could conduct firearms and tactical tra€ning; and WHEREAS, the FB1 wants to make substantial improvem�nts to the training facility for the benefit of its agents; and WHEREAS, the FBf wants to enter into a new agreement for ten (10) years befiore making improvernents; N�W THEREFf;�RE, #he City of Clearwate�- and the FBI agre� ta enter into a new Joint- Use-Facility Agreement to �eplace the existing L.icense Agreement as follows: 'f . Parties This Jaint-Use-Facility Agreement (Agreement) is joined by the fallowing entities (collectively, the Parties): the Tampa Aivision of the �ederal Bureau of Investigatian and the City of Ciearwater. In this Agreement, the City of Clearwater is referrec! to as the Licensor. 2. Pur�se This Agreement defines the scope of respons'sbilities of the Parties concerning the use of the C4earwater Police Department �istrict !Ii Training Facility (Premises), which is losated at 2851 North McMu{len Booth Raad, Clearwater, Fiorida. 3. A��tharitv The F81 is entering in#a this Agreement un�ler 28 U.S.C. § 533 and 28 C.F.R. § 0.85. For Official Use Only This document is the property of the FBl and is loaned to your agency . Neither it nor its conten#s may be released without au#horization by FBI Headquarters. For Official Use Only 4. Grant of Joint Use Licensor hereby grants to the FBI a license to jointly occupy and use, subjeet to all the terms and conditions stated or referenced herein, the Premises, including available parking areas. Licensor agrees that there are no costs/fees associated with the use of the Premises by the FBI. 5. Coordinators The Parties 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. 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 Licensor 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 t�ctical training during such days and dates as are mutually agreeable to the Licensor, 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 ali administrative, operational, and safety rules and regulations established jointly by the Licensor, or either of them separately, at all 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 times during the use of the Premises. Any breach of any rule or regulation established by the Licensor will be resolved in accordance with section 10. 7. Fundinq and Other Consideration In consideration for the shared access to the Premises, the FBI will contribute $50,000.00 (Funds) to the Clearwater Police Department or City of Clearwater so it may make improvements to the Premises. Upon receipt and prior to the use of said Funds, Licensor will notify the FBI's Principal Firearms Instructor and/or Special Agent in Charge, confirm receipt of said Funds and acknowledge that those Funds will be used solely for expenses related to the Premises. 8. Utilities The Licensor agrees 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 Licensor 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 Licensor exceed three million dollars, the FBI will request additional appropriations from the U.S. Congress to make Licensor whole. 6. 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 Po�ice 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 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 appointee be injured in the performance of his/her duties, he/she is entitied 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 Licensor agrees 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 Premises. D. Notwithstanding any limitation imposed by law, public policy or this Agreement to indemnify and hold harmless the Licensor, the FBI agrees, at all times, to repair or replace any damaged real or personal property of the Licensor when said damage occurs while the Premises is under the control and use of the FBI. The Licensor 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 ten (10) 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 0 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 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. D. This Agreement represents the complete understanding of the Parties with respect to the FBI's use of the Premises. This Agreement supercedes all written and oral proposals and other communications between the Parties. Nothing in this Agreement is intended to create, nor does it create, an enforceable legal right or private right of action. SIGNATORIES: For the City of Clearwater: Countersigned: --- ��A��t n C�t K �S George N. Cretekos Mayor Approved as to form: CITY OF CLEARWATER, FLORIDA By: ��•QP,c;�,�w �. ��r-+.r�`�' William B. Horne II City Manager Attest: ; �°"�.� y� a� K.. CJ Robert J. rette Rosemarie Call Assistant ity Attorney City Clerk 5 For Official Use Only l 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. � V, �� � For Officia! Use Oniy l�or the Federal Bureau of Investigation: V. v Contra in Offi er MauryV.Taylor FBI H adq er , Washing#on, C Contracting Officer Federai Bureau of Investigation Date: '� �Z Zo i 2. s . V' St�ve E.Ibisan Speciai Agent in Charge Uate: � 31 201`L 0 For Official Use Only This document is the properry of the FB( and is (oaned to your agency. Neither it nor its contents may be released without autharization by FBI Ffeadquarters.