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Home My WebLink AboutCity of Tamarac Resolution R-87-3371 Z 3 4 5 11 aj .s s( Temp. Reso. #4807 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-87- -�-5327 A RESOLUTION WAIVING THE BIDDING REQUIREMENT CONTAINED IN CHAPTER 9 OF THE CODE AND AUTHORIZING AN AGREEMENT WITH PHIL JAN, INC., PERTAINING TO USE OF A FIREARMS RANGE FOR MARKSMANSHIP TRAINING FOR THE TAMARAC'S SWORN POLICE OFFICERS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the City Council waives the bidding requirement contained in Chapter 9 of the Code. SECTION 2: That the Agreement with Phil Jan, Inc. pertaining to use of a firearms range for marksmanship training of Tamarac's sworn police officers is HEREBY APPROVED AND ACCEPTED, a copy of said agreement being attached hereto as "Exhibit 1". SECTION 3: That the appropriate City Officials are hereby authorized to execute said agreement of behalf of the City. SECTION 4: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day ofr'-� , 1987. ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RICHARD L. DOODY CITY ATTORNEY 4/14 a/ B RNARD HART' MAYOR MAYOR: HART 0` T. L C/M ROHR 4112 . 2: r/M STELZER 3: C/M HOFFMAN t J • • sf ,/ THIS AGREEMENT made this day of ��^v 1987, is by and between the CITY of Tamarac, Florida, a municipal corporation (hereinafter referred to as "CITY"), and Phil Jan, Inc., a Florida corporation (hereinafter referred to as "RANGE"). WITNESSETH: WHEREAS ,the RANGE owns a firearms range open to the public; and 'WHEREAS „ the CITY is desirous of using the facilities of said RANGE for the marksmanship training of its Police 0ffieersf NOW, THEREFORE, in consideration of the mutual convenants contained herein and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties agree as follows: 1. That the sworn officers of the Police Department of the CITY shall have use of the firing range on a scheduled basis during the hours of operation which are 10:00 a.m. until 9:00 p.m., Monday through Thursday and 10:00 a. m. until 6:00 p.m., Friday, Saturday and Sunday. A sufficient number of days per month shall be set aside for the CITY'S officers, taking into account the commercial nature of the firearms range and use of it by other customers. 2. Use of the range shall include the following: a. Use of the thirteen -panel Police RANGE; b. Scheduled use of the training room located at the RANGEf C. Scheduled use of the rifle range for shotgun training; d. Scheduled use of the laser target system; e. Scheduled use of the Range Master office and repair room; f. The RANGE shall supply all target needs for qualification only (officers shall purchase their own targets for practice sessions in the event their own targets are not compatible with the range targets); g. The RANGE shall provide full eye and ear protection devices; h. The RANGE safety policies and pro- cedures shall be rigidly enforced and modified to the CITY'S standards, if necessary, after review and con- currence of the parties; a n S 7- ,33 i. The RANGE shall provide all the ammu- nition, which shall meet or exceed the specifications being used by the CITY at a price equal to or less than the CITY can purchase elsewhere; j. The RANGE shall credit .03 cents per spent brass that the City currently owns toward future purchase of re -load or factory ammunition. k. The CITY shall furnish their own Range Masters and Instructors to insure that all qualifications are met in accordance - with applicable State requirements; 1. The RANGE shall provide all necessary first -aid equipment and resuscitation equipment; M. The RANGE shall make its Range Master and staff available, free of charge, for any off -duty officer utilizing the range facilities during normal business hours, provided the Police Officer displays his ID card or badge. 3. That the RANGE hereby agrees to indemnify and hold harmless the CITY, its employees, officers and agents from an against any and all demands, claims, losses, causes of action:;, law suits or judgments that may rise out of the use of the' range or arising out of the terms of this Agreement or as a result of any act or omission and further, when requested to 0 so by the CITY, the RANGE shall provide legal counsel for def n of any action and shall pay all attorney's fees and costs e 4. That the RANGE warrants and represents that it currently has comprehensive liability insurance in the amount of $1 000 000.00 to insure not only the RANGE, but also the CITY from claims for damages or personal injury, including accidental death, aE well as for claims for property damage which may arise from the operations hereunder and that the RANGE shall maintain sane ir full force and effect during the term of this Agreement and that a certificate of insurance shall be attached hereto as Exhibit A upon execution of this Agreement, naming the CITY as an additional insured under said policy. 5. That this Agreement shall commence upon execution y t Parties and shall continue for a period of one year from tie e of execution. The CITY may, upon thirty (30) days written not to the RANGE, terminate the Agreement without further obli ati hereunder. to ce C� • 0 - 2 - 0 -33 6. That for purposes of communication, the following addresses shall be utilized: CITY OF TAMARAC City Manager 5811 N.W. 88th Avenue Tamarac, Florida 33321 Phil Jan, Inc. 1751 West Copans Road Pompano Beach, FL. 33064 7. That the CITY shall pay the RANGE the sum of $6.00 per Police Officer per month, to be paid quarterly, in advance, upon submission of invoices to the Director of Finance and Administrative Services at the CITY. The CITY guarantees a minimum participation of seventy (70) Police Officers. 8. That in the event the Agreement is terminated as indicated above, the RANGE shall immediately refund all unused fees paid in advance by the CITY. 9. That the terms and conditions contained herein constitute the full and complete agreement between the parties and any amendment, alteration or addition thereto shall be valid only if in writing, executed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have set their hand and seals on the day and the year first above written. CITY OF TAMARAC • BY BERNARD HART MAYO BY �J4 KELLY, CIT Ma ager ATTEST: CAROL BARBUTO, CITY Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY: AG7'/,VC- CITY ATTORNEY RI ewhgD M. f?EDNbR 0 cc: Purchasing Dept. PHIL JAN, INC. BY. -,_mil �~ J.R. PHILLIPS WITNESS: