Loading...
HomeMy WebLinkAboutLicense Agreement - Fraternal Order of Police Lodge No 36 - FOP Property Use by SBPD1316 COUNTY -CITY BUILDING -- PHONE 574/ 235-9251 i 227 W. JEFFERSON BOULEVARD � ' � i �FAX 574/ 235-9171 SOUTH BEND. INDIANA 46601-1830 �✓ �, H �' a <� x CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDOF PUBLIC WORKS September 10, 2019 Harvey Mills Fraternal Order of Police Lodge No. 36 25327 IN-23 South Bend, IN 46614 RE: License Agreement Dear Mr. Mills: The Board of Public Works, at its meeting held on September 10, 2019, approved the above referenced agreement regarding the use of FOP property at 23527 SR 23 and firing range by South Bend Police Department officers for training purposes in the total amount of $114,000 for four (4) years. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU 701 W. SAMPLE STREET SOUTH BEND, INDIANA 46601-2890 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR PHONE 574/ 235-9311 FAx 574/288-0268 SOUTH BEND POLICE DEPARTMENT SCOTT A. RUSZKOWSKI, CHIEF OF POLICE Board of Public Works August 30, 2019 City of South Bend, Indiana Honorable Board Members, The South Bend Police Department is requesting Board approval for the license agreement between the City of South Bend and the Fraternal Order of Police Lodge No. 36 (FOP). This agreement would allow for current and retired officers of the Police Department to utilize the FOP property for training purposes. The agreement is a four-year term commencing on January 1, 2019 and ending on December 31, 2022. The annual fee to be paid to the FOP is $27,000 for 2019, $28,000 for 2020, $29,000 for 2021 and $30,000 for 2022. The funding source is Land/Rentals 101-0801-421.37-03. Thank you for your consideration. Sincerely, 'lark oDollinger Director of Logistics & Purchasing South Bend Police Department Service Bravery P ride Dedication LICENSE AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND FRATERNAL ORDER OF POLICE LODGE NO. 36 (Use of Property Located at 23527 State Road 23, South Bend, Indiana) THIS AGREEMENT is made effective the 1 st day of January 2019, by and between the Fraternal Order of Police Lodge No. 36, hereinafter referred to as "Grantor", and the Civil City of South Bend, Indiana, hereinafter referred to as "Grantee": WITNESSETH THAT: WHEREAS, Grantor is the fee simple owner of certain real property and improvements located at 23527 State Road 23, City of South Bend, County of St. Joseph, State of Indiana ("Property"); and WHEREAS, Grantee desires the use of Grantor's Property for training purposes; and WHEREAS, Grantor desires to grant to Grantee a license to use the Property for the stated purpose. NOW THEREFORE, in consideration of the terms, conditions and mutual covenants and agreements contained in this Agreement, and other good and valuable consideration received by each party, the sufficiency of which is hereby acknowledged, Grantor and Grantee agree as follows: 1.0 Grant of License. 1.1 Grant. Grantor hereby grants to Grantee, its agents, and employees the exclusive right, privilege, and license to the use the Property for training purposes for the active and retired members of Grantee's Police Department and of other officers and City employees trained by the Grantee's Police Department. The parties acknowledge and agree that the Property shall be used by Grantee strictly for training purposes for the active and retired members of Grantee's Police Department and of other officers and City employees trained by the Grantee's Police Department. 2.0 Term. The Term of this Agreement shall be for four (4) years commencing on January 1, 2019 ("Commencement Date") and ending on December 31, 2022 ("Expiration Date"). 3.0 Consideration. 3.1 Annual Fee. Grantee shall pay an Annual License Fee to Grantor of $27,000.00 over the Term of the Agreement for the year 2019; $28,000.00 for the year 2020; $29,000.00 for the year 2021; and $30,000.00 for the year 2022 payable in full on or before March 1 st of each calendar year. The aforementioned payment plan shall be communicated in writing by Grantee to the Grantor at the end of each calendar year. 3.2 Additional Consideration. In further consideration of the license granted by this Agreement, Grantee's Annual Fee, as enumerated in Section 3.1, reflects an increase rate of 3.7% in the year to year annual fees, as opposed to the normal rate of 2%. The higher increase rate is to account for the expense of ongoing maintenance of the Property, which is and shall be the sole responsibility of the Grantor. 4.0 Use of Property It is understood and agreed that Grantee's right to use the Property shall be exclusive. Grantee shall have a right of first refusal over Grantor's use of the Property; however, such right of first refusal must be reasonable in nature and not unduly burdensome to Grantor and Grantor's efforts to serve the F.O.P. or its interests. The parties agree to use good faith in attempting to establish a schedule for the use of the Property so that Grantor's use of the Property shall not conflict with Grantee's use. 2 The parties agree to use their best efforts and goodwill to avoid conflicts with respect to each other's use of the Property and to provide one another thirty (30) days' written notice of any use of this Property for any purpose not contemplated in this Agreement. 5.0 Indemnification Insurance. 5.1 Indemnification. 5.1.1Grantor's Gbl uatio n. Grantor shall indemnify, defend or hold harmless Grantee, its officers, agents, employees, successors and assigns from and against claims, damages, costs, expenses, or liabilities (collectively " Claims") arising out of or in any way connected with this Agreement, including Claims for loss or damage to any property, for death or injury to any person or persons, but only in proportion to and to the extent that such Claims arise from the negligent or intentional acts or omissions of Grantor, or its officers, agents, or employees. 5.1.2 Grantee's Obligation. Grantee shall indemnify, defend and hold harmless Grantor, its officers, agents, employees, successors and assigns from and against any Claims arising out of or in any way connected with this Agreement, including Claims for loss or damages to any property, or for the death or injury to any person or persons, but only in proportion to and to the extent that such Claims arise from the negligent or intentional acts or omissions of Grantee, its officers, agents or employees. 5.2 Insurance. Grantor, at its sole cost and expense, shall insure its activities in connection with this Agreement and obtain, keep in force, and maintain general liability insurance, property insurance, and workers' compensation as required by Indiana law. The minimum limits of coverage shall be: General Liability InsuralIce: Each occurrence: $700,000 General aggregate: $5.0 Million 3 Property Insurance: Fire and extended coverage in an amount equal to 100% of the full replacement value of the improvements on the Property. Grantee is a municipal corporation organized under the laws of the State of Indiana and is self -insured under provisions of Indiana statutes and local ordinance. Grantee maintains blanket insurance coverage over real and personal property and is covered by a non -reverting insurance premium and liability reserve fund created by the City of South Bend, Ordinance # 6657-79, pursuant to Indiana Code § 34-13-3-4, as amended from time to time. Grantee, at its sole cost and expense, shall insure its activities in connection with this Agreement and obtain, keep in force, and maintain a general liability self-insurance program and workers' compensation as required by Indiana law. 6.0 Breach of Agreement. In the event that Grantee fails to make payments as provided in this Agreement or breaches any covenant, restriction or condition set forth in this Agreement, Grantor shall provide Grantee with 30 days written notice of said breach, and if Grantee fails to cure said breach within fifteen (15) days of receiving said notice, the entire remaining license fee due under this Agreement shall immediately become due and payable without further notice or demand. In the event of such default by Grantee, Grantee shall immediately deliver the Property to Grantor and said delivery shall not impact the obligations of the Grantee under the terms of this Agreement. In the event that the Grantor is required to use legal process to enforce the provisions of this Agreement, Grantee agrees to pay the reasonable and necessary costs incurred by Grantor, together with the reasonable attorney's fees provided, however, that Grantor is the prevailing party. Should Grantee be the prevailing party, the parties shall each bear their own fees and expenses. 4 7.0 Miscellaneous. 7.1 Com Hance with laws. Grantee shall comply with all applicable federal, state, and local laws, rules, regulations and ordinances, and all provisions required to be included in this Agreement are hereby incorporated by reference. The enactment or modification of any applicable state or federal statute or the promulgation of rules or regulations after the execution of this Agreement shall be reviewed by the parties to determine whether the provisions of this Agreement require formal modification. 7.2 Cooperation peration in the Event of a 1..eggl Challengg. In the event of any administrative, legal, or equitable action or other proceeding instituted by any person not a party to this Agreement challenging the validity of any provision of this Agreement, the parties shall cooperate in defending such action or proceeding to settlement or final judgment, including all appeals. Unless otherwise agreed in writing, each party may select its own legal counsel and retain such counsel at its own expense. 7.3 Eritire A Yreement. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. 7.4 Law o r°ning. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. 7.5 Force Maileure. In the event that either party is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster or decrees of governmental bodies not the fault of the affected party ("Force Majeure Event"), the party who has been so affected shall immediately give notice to the other party and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under 5 this Agreement shall immediately be suspended. If the period of non-performance exceeds thirty (30) calendar days from receipt of notice of the Force Majeure Event, the party who has the ability to perform may terminate this Agreement by giving written notice to the other party. 7.6 The persons signing on behalf of the respective parties represent that he/she has been duly authorized to execute this Agreement and has obtained all necessary and applicable approvals to make this Agreement fully binding. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures agree to its terms. [SIGNATURE PAGE FOLLOWS] G o Date: V/0 a 0 FRATERNAL ORDER OF POLICE CITY OF SOUTH BEND LODGE N(V 36 BOARD OF PUBLIC WORKS / NVVL Mills, 'residetit Gary A. Gilot, President Therese J. IX au, Member Elizabeth A. Maradik, Member Genevieve E. Mil'ler Member Laura O'Sullivan, Member " Ada M. Martin,'le Board of Public Works Date 8/30/2019 Name Mark Police BPW Date 9/10/2019 Phone Extension 7677 M �M�� JI red Prior to Submittal to Board ---l- , BPW Attorney Attorney Name Clara MeDaniels Dept. Attorney Attorney Name ("'coyanny Martinez Purchasing F] Check the A) All Submissions FAProfessional Services Agreement Z Contract Open Market Contract Amendment/Addendum F-I Bid Opening Bid Award 0 Quote Opening EJ Quote Award F] Proposal Opening F-1 C/O & PCA No. Chg. Order, No. ❑ Traffic Control El Other: Company or Vendor Name New Vendor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description ME= [_I Proposal F ­1 Special Purchase, QPA E] Req. to Advertise E] Reject Bids/Quotes 0 PCA 0 Resolution LJ Ease./Encroach F1 Title Sheet Fraternal Order of Police -L,od Lie No. 36 E] Yes[-] If Yes, Approved by Purchasing No MBE Completed E-Verify Form Attached ❑ Yes MBE No Firing Range Agreement ........... Land 101-0801-421.37-03 114,000 4 vears Agreement to allow use of the FOP property and firing range by South Bend Police Department officers for training purposes. The annual fee schedule is: Year 1, 2019, $27,000, Year 2, 2020, $28,000, Year 3, 2021 $29,000, and Year 4, 2022, $30,000. Increase % Total Percent of Change: Decrease Time Extension Amount: New Completion Date: