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1986 Seminole State College Temp Use AgrmtAGREEMENT FOR TEMPORARY USE Organization Name: City of Sanford Street Address: City: 815 Historic Goldsboro Blvd. Fire Dept: 1303 William Clark Ave. City, State, ZIP Sanford, FL 32771 Sanford, FL 32771 Email Address: Chief of Training Chris Murphy chris.murphyribsanfordfl.gov Telephone Number: 407 688-5046 Tax Exempt Number if Non -Profit Organization: Public (Please provide a copy of the tax exempt certificate.) Specify Campus, Type of Activity and Duration: Sanford/Lake Mary campus — training utilizing the Fire Tower at SLM Campus between dates of October 1, 2018 and September 30, 2019. All users are advised that the college does not provide facilities to organizations over extended periods of time. Use is on a temporary basis only, and Users are urged to snake other arrangements as soon as possible. 1. Seminole State College ("College") shall: a. Furnish light, heat and water by means of the appliances installed for ordinary purposes, but for no other purposes. Interruptions, delays, or failure in furnishing any of the same caused by anything beyond the control of the College will not be chargeable to the College. 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 such negligence 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 College. Nothing in this agreement may be construed as consent by the College to be sued by third parties in a manner arising out of this Agreement. c. Reserve the right, in the exercise of its discretion, to rescind and cancel this Agreement at any time when, in its opinion, the purpose or purposes for which the premises are being used or intended to be used, is in a manner that is obnoxious or inimical to the best interests of the College, any other provision of this Agreement notwithstanding. d. The activities of the College have first priority and the College reserves the right to alter this schedule by notifying the User, no less than thirty days prior to a scheduled event. City of Sanford - 2018-10-01 - FL ST 768 28 - fire tower -Agreements 2018-14.doe Rev. 3/3I/16 Page I of 7 AGREEMENT FOR TEMPORARY USE OF SEMINOLE STATE COLLEGE FACILITIES 2. The Organization ("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 will be deemed to be a part of this Agreement. b. Take the premises as they are found at the time of occupancy by the User. In the event the User finds it necessary to remove or change any equipment, any changes shall be made by the User at the User's expense and must be replaced as found; provided however, that no removals or changes may be made without prior written consent of the Executive Vice President and Chief Financial Officer or designee. Remove from the premises, within twenty-four hours following the conclusion of the contracted activity, all equipment and material owned by the User. The College assumes no liability for the User's equipment or material. d. Have all deliveries of needed equipment and material made only after approved arrangements with Executive Vice President and Chief Financial Officer or designee, are confirmed. e. Not reassign this Agreement or sublet the premises or any part of them or use the premises or any part of them for any purpose other than that specified in this Agreement, without written consent of the Executive Vice President and Chief Financial Officer or designee. f. Not bring on the premises, possess or use any alcoholic beverages, drugs or gambling devices of any kind. Any person under the influence of intoxicating beverages or drugs will be denied the opportunity to participate in any activities on College premises. 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 workers' compensation laws. i. Be solely responsible for compliance with copyright laws for any event that involves the public performance of copyrighted works. User agrees that User shall obtain in writing appropriate licenses or permission needed to comply with copyright laws, and in the event that any copyrighted works are recorded in any way, including, but not limited to photographic, video, tape, or digital means, whether or not offered for commercial sale, User will be solely responsible for the payment of any applicable royalties. To the limited extent permitted by law, and subject to the limitations set forth in Section 2j. below, City of Sanford - 2018-10-01 - FL ST 768 28 - fire tower - Agreements 2018-19.doe Rev. 3/31/16 Page 2 of 7 AGREEMENT FOR TEMPORARY USE OF SEMINOLE STATE COLLEGE FACILITIES User shall indemnify, defend and hold harmless the College, its agents, officers, trustees and employees from and against any and all claims, liabilities, judgments, or expenses (including costs and reasonable attorney's fees) resulting from any failure of User to comply with this provision. j. 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 such negligence 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. Nothing in this Agreement may be construed as consent by the User to be sued by third parties in a manner arising out of this Agreement. k. As to Users of the Firearms Range at the Geneva Facility, only use "no lead" frangible ammunition unless specific exceptions are granted by the Associate Dean of the Center for Public Safety. 1. Provide a Certificate of Insurance showing coverage for General Liability, as indicated below, providing for 30 days written notice of any change in User's insurance coverage related to this Agreement. 1. At the sole discretion of the College, User may be required to provide Certificates of Insurance for Automobile and Workers' Compensation insurance, and additional General Liability coverage exceeding the limits as indicated below. 2. User shall obtain and maintain the minimum insurance coverages set forth below. The insurance requirements herein are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. This insurance will apply as primary insurance/non-contributory with respect to any other insurance or self-insurance carried by the College. 3. By requiring such minimum insurance, the College may not be deemed or construed to have assessed the risk that may be applicable to User under this Agreement. User shall assess its own risks and, if it deems appropriate or prudent, maintain higher limits or broader coverages. User is not relieved of any liability or other obligations assumed or pursuant to the Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. 4. General Liability insurance requirements for this Agreement are: Coverage Limits Commercial General Liability $1,000,000 General Aggregate $2,000,000 City of Sanford - 2018-10-01 - FL ST 768 28 - fire tower - Agreements 2018-19.doc Rev. 3/31/16 Page 3 of 7 AGREEMENT FOR TEMPORARY USE OF SEMINOLE STATE COLLEGE FACILITIES m. Comply with all College policies and procedures, including but not limited to the College's Protection of Vulnerable Persons Policy 1.115 and the College's Children on Campus procedure 8.0110. By signing this Agreement, User acknowledges that the policies and procedures are available on the College's website and they reviewed same before signing. 3. Payment of Charges: a. Payment must be made by check, payable to: Seminole State College. b. All payments are due at the time this Agreement is signed. Please return payment with this signed Agreement. Notwithstanding the foregoing, this Agreement will not be binding upon the College until accepted,qpproved, and executed by the Executive Vice President and Chief Financial Officer or designee. In the event this Agreement is not so accepted, approved, and executed, User understands and agrees its recovery will be strictly limited to the recovery of any pre -paid fees. 4. The following additional regulations must be followed: a. Activities are not permitted between 10:00 p.m. and 7:00 a.m. b. 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. c. College equipment may not be taken from the College under any conditions and in the event any equipment is found missing, the User is responsible for its replacement costs. d. The College retains all concession rights and the User may not engage in selling of any items except programs. e. 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." City of Sanford - 2018-10-01 - FL ST 768 28 - fire tower - Agreements 2018-19.doc Rev. 3/31/16 Page 4 of 7 AGREEMENT FOR TEMPORARY USE OF SEMINOLE STATE COLLEGE FACILITIES f. The Oviedo Campus is a designated wildlife habitat. Guests should be alert and considerate of the variety of animals that co -exist on the campus. g. For the Geneva Gun Range - 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 of the Center for Public Safety. h. For the Geneva Gun Range - Provide to the Range Manager daily, the amount and type of ammunition expended. i. Possession of weapons of any kind is strictly prohibited on any property owned or leased by the College, except for approved uses at the Geneva Gun Range as set forth on the Facility Reservation page(s) of this agreement, at off -campus College activities or College -sponsored events, unless such possession is allowed by law or written agreement of the parties. City of Sanford - 2018-10-01 - FL ST 768 28 - fire tower - Agreements 2018-19.doc Rev. 3/31/16 Page 5 of 7 AGREEMENT FOR •,. OF SEMINOLE STATE COLLEGE S. Acknowledgment: 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. 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 the Agreement. Venue for any action arising under this Agreement lies in Seminole County, Florida. b. It is understood that Seminole State College as used in this Agreement includes the employees, agents, and Board of Trustees of Seminole State College. The fees and specific details related to the use of College facilities as outlined in this Agreement are in the Facilities Reservation form attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the parties have caused this Agreement for Temporary Use of Seminole State College Facilities to be executed as of the date indicated. For Seminole State College: Signature of College RepresentativeDate Name (print) Position: Site Designee or X Interim Vice President of Financial Services and Chief Financial Officer For User Organization: Organization City o[Sanfol-41 , Title: Mayor Signature ofJeffiffrh U) Date Attest: Traci Houchin, City Clerk Approved /�/I lq-c19 Facility Reservation Seminole State College Date of Request: September 7, 2018 Requestor Name: Chief of Training _hrisMurtiny p Requestor Organization: City of Sanford (Sanford Fire Department) Mailing Address: 1303 William Clark Avenue, Sanford, FL 32771 (fire department address) Business Telephone Number: 407 688-5046 Email Address: Chris.Murl)hy(ii�'iatlf(:)l•d!I.tov Organization Status: (Check one) �X� Public Private Non-profit Private For Profit Description of Activity: Firefighting Training Date and Time of On an "as needed" basis between the hours of 7:00am and 10:00pm for dates Activity: approved at least one day in advance of use by the Dean, Center for Public Safety, or his designee. The dates range between October 1, 2018 and September 30, 2019 Campus, Location or Type of Facility Sanford/Lake Mary campus Fire Academy Fire Training Area, Requested: which is comprised of the fire tower and surrounding grounds. User Anticipated Attendance: User Admission Charge: 1 User Anticipated Admission Total 1 10 $ -0- $_0_ Special Requirements (Specify any special furniture or equipment's set-ups, acoustics, musical instruments, audio visual equipment, lectern, or technical support, i.e., lighting, audio-visual, electrician, etc.) Setup – N/A Food – N/A Custodial – N/A Insurance certificate – FMIT 0529 10/1/2017-10/1/2018 Security– User organization MUST NOT access property without Security Officer 407 708-2178 or Center for Public Safety staff, granting access at the site. This requirement must be met, even if the gate to the property is unlocked/open. Site Supervisor – Media Services – N/A College Public Information Officer Notification (if attendance 100 or greater) – N/A Risk Mgmt Review (GEN, outside, 100+, or Risk) - For College Use only Facilities Reservation Seminole State College , ,,,��"� a r RA'T'EQUOTE' Prcourcr: Vivian Luscuskie Revicwcdr�—� i Ready to Reciucst At>provarL Facility Designations SLM Fire Tower Nonprofit Rate: $ 250/4 hours; $50 each additional hour All Vee Waiver received Com utin /Comm.Svcs Rate: $30.00 per hour $0 Svcs. Rate: $25.00 per hour $0 -Custodial/Facility Rate: $25.00 per hour $0 -Security Media Services Rate: $30.00 per hour $0 Site Supervisor Rate: $25.00 er hour $0 Subtotal $0 Sales Tax for Rental of Real Property 6.8% $ Total $_0_ City of Sanford - 2018-10-01 - FL ST 768 28 - fire tower - Agreements 2018-19.doc Rev. 3/31/16 Page 7 of 7 All Fee Waiver Vivian J Luscuskie From: Jim M Lee Sent: Wednesday, September 19, 2018 7:54 AM To: Vivian J Luscuskie Subject: FW: Sanford I'D Use of Fire Tower Vivian: Here is the reply to my request for an all fee waiver. Thanks Jim From: Laura 0 Ross Sent: Tuesday, September 18, 2018 6:09 PM To: Cheryl Cicotti <cicottic@seminolestate.edu>; Jim M Lee <Ieejm@seminolestate.edu> Subject: RE: Sanford I'D Use of Fire Tower Ok. I approve this waiver. Or are you asking to revise the procedure? Laura From: Cheryl Cicotti Sent: Tuesday, September 18, 201811:38 AM To: Jim M Lee <IeeAm@seminolestate.edLl>; Laura 0 Ross <rossl@semillolestate.edu> Subject: RE: Sanford FD Use of Fire Tower Thank you Jim for the explanation. I will send this one to Dr. Ross for her approval. cc From: Jim M Lee Sent: Tuesday, September 18, 2018 10:49 AM To: Cheryl Cicotti <cicottic@serninolestate.edu> Subject: Sanford FD Use of Fire Tower Cheryl: We are working with Auxiliary Services to update our existing facilities use agreement with the Sanford Fire Department (SFD) to use our three-story fire -training tower at the Center for Public Safety training complex several times during their fiscal year of October 1, 2018 through September 30, 2019 for the training of their employees. The fire tower is the three story building which is used to train the firefighting students on how to enter and clear structures. 1 Unlike the two story Live Fire Instruction Simulation Building, referred to as the burn building, which generates flames and high heat, it does not contain any equipment or expendable supplies such as propane. It is basically just a structure with an open interior,, stairwells, windows and doors which allows firefighting students to practice building entry and clearance in full protective clothing with hoses and tools. https://www.seminolestate.edu/medialpolicies-procedures/­`­procedures/`facicities/FINAL---Fees-2018- 19 pdf ities/FINAL---Fees-2018- 19.pdf PUBLIC SAFETY CENTER Fire Tower Since use of the three-story fire -training tower will result in little or no impact to the college, I am requesting an all fees waiver on the agreement by Dr. Ross. The justification for the waiver of fees would be that SFD has long volunteered to serve as a member of our Fire/EMS Advisory committee and works closely with Fire - Academy and Paramedic program staff to provide direction and support for our program and students including internships and clinical experience. This participation is critical to the accreditation of the Paramedic program. The SFD has also provided senior members to attend our career fairs and round -table discussions that occur frequently and assist our students with career development. Please let me know if you should have any questions or need additional information. Thanks, Jim Jim Lee Associate Dean Center for Public Safety Seminole State College 100 Weldon Boulevard Sanford, Florida 32773 407-708-2316 FBINA 2015t Facility Reservation Seminole State College Date of Request: .,_September 7, 2018 Rise Mgmt Review Requestor Name: Chief of Training Chris Murphy _ Requestor Organization: City of Sanford (Sanford Fire Department) Mailing Address: 1303 William Clark Avenue, Sanford, FL 32771 (fire department address) Business Telephone Number: 407 688-5046 _ Email Address: Chris.Murphy(a,Sanfordl9.gov Organization Status: (Check one) X _ Public Private Non-profit Private For Profit Description of Activity: Firelightintt Trai Bate and Time of On an "as needed" basis between the hours of 7:00am and 10:00pm for dates Activity: approved at least one day in advance of use by the Dean, Center for Public Safety, or his designee. The dates range between October 1, 2018 and September 30, 2019 Campus, Location or Type of Facility Sanford/Lake Mary campus Fire Academy Fire Training Area, Requested: which is comprised of the fire tower and surrounding grounds. Uset- Anticipated Attendance: User Admission Charge:( User Anticipated Admission Total 10 $ -0- $-0- Special Requirements (Specify any special furniture or equipment's set-ups, acoustics, musical instruments, audio visual equipment, lectern, or technical support, i.e., lighting, audio-visual, electrician, etc.) Setup — N/A Food — N/A TENM Insurance certificate — FMIT 0529 ]0/1/2017-10/]/2018 Security— User organization MUST NOT access property without Security Officcr 407 708-2178 or Center for Public Safety staff, granting access at the site. This requirement must be met, even if the gate to the property is unlocked/open. Site Suvervisor— Media Services — N/A College ntOfficer lrNotification rf attendan I Ot or rc Rsk M Revew (GEN. ontde0+. orRislo(,,•-° µ" M ' For College Use only Facilities Reservation Seminole State College RATEjo On l're paver: Vivian Luscuskie Reviewed'- Ready, to Iter nest Approval: Facility Designations SLM Fire Tower Nonprofit Rate: $ 250/4 hours; $50 each additional hour All Fee Waiver received Com uting/Comm.Sves Rate: $30.00 per hour $0 Custodial/Facility Svcs.— Rate: $25.00 per hour $0 Security Rate: $25.00 per hour $0 Media Services Rate: $30.00 per hour $0 Site Supervisor Rate: $25.00 per hour $0 Subtotal $0 Sales Tax for Rental of Real Property 6.8% $ Total $-0- City of Sanford - 2018-10-01 - FL ST 768 28 - fare tower -Agreements 2018-19,doc Rev. 3/31/16 Page 7 of 7 (Zai CERTIFICATE OF COVERAGE Certificate Holder Administrator Issue Date 10/10/2018 SEMINOLE STATE COLLEGE Florida League of Cities, Inc. KENDRA KOKOSKA - AUXILIARY SERVICES Department of Insurance and Financial Services P.O. Box 530065 100 WELDON BOULEVARD Orlando, Florida 32853-0065 SANFORD, FL 32773-6199 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 SUBJECr TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 0529 COVERAGE PERIOD: FROM 10/1/18 COVERAGE PERIOD: TO 10/1/19 12:01 AM STANDARD TIME TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY General Liability 0 Buildings 0 Miscellaneous ❑X comprehensive General Liability, Bodily Injury, Property Damage, ❑ Basic Form n Inland Marine Personal Injury and Advertising Injury Q Special Form nX Electronic Data Processing Q Errors and Omissions Liability FXJ Personal Property nX Bond Employment Practices Liability ❑ Basic Form o Employee Benefits Program Administration Liability 0 Special Form Q Medical Attendants' /Medical Directors' Malpractice Liability n Agreed Amount Q Broad Form Property Damage Q Deductible $25,000 0 Law Enforcement Liability 0 Coinsurance 90% FXJ Underground, Explosion & Collapse Hazard 0 Blanket Limits of Liability n Specific * Combined Single Limit Q Replacement Cost Deductible Stoploss $25,000 ❑ Actual Cash Value Automobile Liability Limits of Liability on File with Administrator 0 All owned Autos (Private Passenger) TYPE OF COVERAGE - WORKERS' COMPENSATION Q All owned Autos (Other than Private Passenger) 0 Statutory Workers' Compensation nX Hired Autos 0 Employers Liability $1,000,000 Each Accident © Non-Owned Autos $1,000,000 By Disease $1,000,000 Aggregate By Disease Limits of Liability ❑ Deductible N/A * Combined Single Limit 0 $200,000 Self Insured Retention Deductible Stoploss $25,000 Automobile/Equipment - Deductible Q Physical Damage Per Schedule - Comprehensive - Auto Per Schedule - Collision - Auto Per Schedule - 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 $3,000,000 for General Liability and $2,000,000 for Automobile Liability (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.