Resolution 2014-41RESOLUTION NO. 2014-41(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY
MANAGER TO AMEND RESOLUTION NO. 2010 -39(R) AND
APPROVE AND EXECUTE A REVISED FACILITIES USE
AGREEMENT AND ASSOCIATED CONTRACTS AND
PAPERWORK WITH AN ENTITY WISHING TO UTILIZE THE
SOUTHEAST COLLIN COUNTY REGIONAL TRAINING
FACILITY LOCATED BEHIND STATION TWO AT 555
COUNTRY CLUB, WYLIE, TEXAS AND MEETING THE
REQUIREMENTS OF THE TRAINING RULES OF
ENGAGEMENT.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of Wylie, Texas, is hereby
authorized to execute, on behalf of the City Council of the City of Wylie,
Texas, A revised Facilities Use Agreement with an entity wishing to
utilize the Southeast Collin County Regional Training Facility located
behind Station Two at 555 Country Club, Wylie, Texas and meeting the
requirements of the Rules of Engagement.
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie Texas, on
this the 9th day of December, 2014
V�J if �J-
Eric Hogue, Mafor�)
ATTES
Carole Ehrlich, Ci ecretary
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gpNTA Ft ..k;lr -;'�
Sr4rE OF
Resolution No. 201441(R)
Training Facility Use Agreement
EXHIBIT "A"
LICENSE AGREEMENT FOR USE OF THE
SOUTHEAST COLLIN COUNTY REGIONAL TRAINING FACILITY
This License Agreement ( "Agreement') is executed this _
20_ ( "Effective Date "), by , a
City of Wylie, Texas, a Texas home -rule municipality ( "Wylie ").
referred to collectively as the "Parties' or individually as a "party."
day of
("Licensee'), and the
Licensee and Wylie are sometimes
WHEREAS, Wylie is the owner of real property and all improvements located at 555 Country
Club, Wylie, Collin County, Texas, generally known as the Southeast Collin County Regional Training
Facility ( "Facili "), which is used for fire rescue and other public safety training activities; and
WHEREAS, Licensee desires to use the Facility from time to time to provide training activities
for fire- rescue and/or other public safety personnel ("Personnel'); and
WHEREAS, Licensee represents and warrants that it is authorized, qualified and competent to
provide the contemplated training activities at the Facility; and
WHEREAS, Wylie is willing to grant Licensee a non - exclusive, revocable license to use the
Facility during certain time periods for the purposes set forth herein; and
WHEREAS, Wylie has investigated and determined that the purpose of the license granted to
Licensee in this Agreement will improve the quality of public safety and emergency response.
NOW, THEREFORE, in consideration of the recitals set forth above and the mutual covenants
and agreements contained herein and for other good and valuable consideration, the parties agree as
follows:
ARTICLE I
Grant and Term of License, Use Agreement
1.1. Grant of License. Wylie hereby grants Licensee a non - exclusive, revocable license as set
out in each approved Use Agreement (as defined herein) to use the Facility during certain Training
Periods (as defined herein) for the purpose of training Personnel, subject to the terms of this Agreement.
1.2. Commencement Date, Term. The initial term of this Agreement shall commence on
the Effective Date and shall continue in effect for a period of two (2) years, unless terminated earlier
under the provisions of this Agreement. This Agreement shall automatically renew after the Initial Term
expires for one (1) additional two (2) year term as long as Licensee remains in full compliance with all
other provisions of this Agreement; provided, however, that either party may terminate this Agreement by
providing written notice to the other party of its intention not to renew this Agreement at least ninety (90)
days prior to the expiration of any term. All the terms and conditions of this Agreement apply to any
renewal terms, subject to amendment by the mutual agreement of the parties in writing and signed by both
parties. During the Initial Term and any renewal terms of this Agreement, Licensee shall be permitted to
use the Facility only during the time period(s) identified and approved in a Use Agreement (as defined
herein).
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1.3. Use Agreement. For each desired use of the Facility during the term of this Agreement,
Licensee must apply for advance written approval on the standard Use Agreement, which is attached
hereto as Exhibit "A" and incorporated herein for all purposes ( "Use Agreement "). Licensee must
provide all information requested on the Use Agreement. The Wylie Fire Chief or his designee
( "Administrator ") is authorized to approve or disapprove Use Agreements on Wylie's behalf in
accordance with the purpose of this Agreement and the availability of the Facility. Each approved Use
Agreement shall constitute the granting of a non - exclusive revocable license for Licensee to use the
Facility for the specified training event or activity during the specified time period ("Training Period"), eriod "), all
as identified and approved on said Use Agreement. Each approved Use Agreement is incorporated herein
as part of this Agreement for all purposes.
ARTICLE II
Conduct and Use of Facility by Licensee
2.1. Use of Facility. Licensee's use of the Facility shall be strictly limited to training
Personnel in accordance with the terms and conditions of this Agreement, including the date(s), time(s),
activity(ies) and attendance identified on an approved Use Agreement. Licensee shall not use or permit
the use of the Facility for any other purpose whatsoever.
2.2. Participants. Licensee agrees, represents and warrants that any and all training conducted
under this Agreement shall be conducted under appropriate supervision and in accordance with all
applicable training regulations and industry standards to minimize exposure to undue harm. Licensee
agrees, represents and warrants that all training shall be conducted by instructors and other applicable
personnel who are fully qualified and have all necessary licenses or other required approvals. Licensee
further agrees, represents and warrants that all students and other participants in the training to be
performed under this Agreement shall have all necessary certifications, have met all necessary
prerequisites, and otherwise are fully qualified, competent and fit to participate in said training. Licensee
shall not allow any minor person to participate in or attend any activities at the Facility, or to otherwise be
present at the Facility.
2.3. Explosives; Noise Amplification. Licensee shall not cause or allow, and shall prohibit,
the use or presence of any explosives in or around the Facility, except for explosive devices that are
designed and lawfully used as training aids with advanced written approval from the Administrator.
Licensee shall not cause or allow, and shall prohibit, the use any noise amplification device unless
approved in advance by the Administrator.
2.4. Condition of Facility. Licensee accepts the Facility in "as is" and "where is" condition as
of the commencement of Licensee's use of the Facility each day of the Training Period. Licensee accepts
that the Facility may contain visible and/or hidden, known and/or unknown, hazards and hazardous
materials. Licensee hereby accepts all risk relating to use of the Facility. Wylie makes no warranties or
representations about the condition or capabilities of the Facility, or the suitability or appropriateness
of the Facility for Licensee's use. Licensee shall not be entitled to rely on any such warranties or
representations that may be, or may have been made, by any Wylie personnel or representative. Licensee
shall make no improvements, alterations or additions to the Facility whatsoever.
2.5. Inspections. At the commencement of Licensee's use of the Facility each day of the
Training Period, Licensee shall inspect the Facility and immediately notify the Administrator in writing of
any damage to the Facility or any condition or activity at the Facility which poses a risk to persons or
property beyond any risk inherent in the training activity. These obligations shall continue throughout the
Training Period, including a final inspection at the conclusion of Licensee's use of the Facility every day
during each Training Period. If directed by Wylie, Licensee shall postpone any or all of its use of the
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Facility until Wylie notifies Licensee that it may commence or resume its use. Failure of Licensee to
inspect the Facility or notify the Administrator shall not relieve Licensee of its obligation to pay for
damages pursuant to Section 4.2.
2.6. Waste or Nuisance. Licensee shall not commit or cause to be committed in or around the
Facility any waste, nuisance or other act or thing which may result in damage or depreciation of value of
the Facility, or which may result in an unsightly condition, or which may affect Wylie's interest in the
Facility. Licensee shall not obstruct access to the Facility, the parking areas, driveways and other
contiguous areas of the Facility. Licensee shall not cause or allow the use, presence, storage or disposal
of any substance or object prohibited by law or any contaminants whatsoever, including but not limited to
hazardous or toxic materials or substances, chemicals and petroleum products, in or around the Facility,
except for devices that are designed and lawfully used as training aids with advanced written approval of
the Administrator.
2.7. Compliance with Laws, Regulations and Procedures. Licensee shall, at its sole cost and
expense, secure any and all required licenses and permits and shall comply with all federal, state and city
laws, statutes, ordinances, regulations and standard operating procedures ( "SOP "), as they may be
amended from time to time, pertaining to Licensee, its use of the Facility and its acts therein. Licensee
shall strictly comply with all terms, conditions, rules, protocols, procedures and polices set out in, or
incorporated into, this Agreement, including on the Fee Schedule ( "Fee Schedule "), any applicable Use
Agreement and in Wylie Fire - Rescue SOP # 1.6.1.2 and SOP # 1.5.3.3, as they may be amended from
time to time. Licensee acknowledges that it has received and reviewed SOP # 1.6.1.2 and SOP # 1.5.3.3.
The Fee Schedule and SOP # 1.6.1.2 and SOP # 1.5.3.3, all of which may be amended from time to time
at the sole discretion of Wylie, are hereby incorporated as a part of this Agreement for all purposes.
Licensee shall ensure that its officers, employees, volunteers, instructors, students, trainees, agents,
contractors, invitees and all other persons entering the Facility with or without Licensee's consent or
knowledge comply with all applicable laws, statutes, ordinances, regulations and SOPs.
2.8. Safety Officer. Licensee shall assign at least one (1) safety officer to be present at the
Facility at all times during each Training Period to monitor all activities, events or training involving live
fire exercises, hazardous materials, above -and- below -grade rescue, the use of power tools or other
hazardous substances or conditions.
2.9. Wyyie's Right to Enter. Wylie shall have the right to enter the Facility at any time,
without notice, for any purpose whatsoever. In the event that a Wylie work activity will take place at the
Facility during Licensee's Training Period that will disrupt or interfere with Licensee's operations, Wylie
will endeavor to provide prior notice to Licensee.
ARTICLE III
Fees
3.1. Fees. The cost for conducting the training events and activities authorized by this
Agreement shall be the full responsibility of Licensee. For each use of the Facility, Licensee shall pay
Wylie the fees set forth on the Fee Schedule in effect at the time of said use, for all personnel, equipment,
apparatus, props and/or supplies used by Licensee (collectively, "License Fee "). Additionally, certain
types of training may require or permit the use or rental of certain Wylie personnel, equipment, apparatus,
props and/or supplies, at Licensee's sole expense, as detailed on the Fee Schedule and/or Use Agreement.
3.2. Deposit; Extra Fees. As a deposit to hold the Facility for Licensee's use, Licensee shall
pay to Wylie one -half of the License Fee due upon execution of the corresponding Use Agreement. The
full unpaid balance of the License Fee shall be due and payable within thirty (30) days after the expiration
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or earlier termination of the corresponding Training Period. In the event that Licensee's actual use of the
Facility, personnel, equipment, apparatus, props and/or supplies exceeds that anticipated on the Use
Agreement, Licensee shall be invoiced for the extra fees based on actual use, which shall be due and
payable as part of, and at the same time as, the balance due on the License Fee. In addition to the License
Fee, Licensee shall reimburse Wylie for any and all damages to the Facility resulting from Licensee's use,
as set forth in Section 4.2. Licensee shall reimburse Wylie for all said expenses within thirty (30) days
after receipt of a written invoice for reimbursement from Wylie.
ARTICLE IV
Repairs and Maintenance of Facility
4.1. Repairs and Maintenance; Surrender of Facility. All portions of the Facility and all of
Wylie's property and/or equipment at the Facility shall be kept in good repair and condition by Licensee
during each Training Period. Licensee shall maintain the Facility free of trash and debris. At the
conclusion of each Training Period, and at the conclusion of Licensee's use of the Facility on each day of
the Training Period, Licensee, at its sole cost and expense, shall surrender the Facility to Wylie in good
repair and condition and otherwise in the same condition the Facility were in at the date and time that the
Training Period commenced; provided, however, that with the prior written consent of the Administrator,
Licensee may leave its personal property at the Facility at the end of a training day, if it is not the
conclusion of the Training Period, in accordance with any direction of the Administrator. Wylie shall not
be responsible for any personal property left by Licensee.
4.2. Damajges. Licensee shall be fully responsible for protecting the Facility and Wylie's
property and equipment located within the Facility from damage. Notwithstanding anything herein to the
contrary, Licensee shall not repair or attempt to repair any damage to the Facility. In the event of any
damage to the Facility or Wylie's property and/or equipment at the Facility arising in any way from
Licensee's use of the Facility, Wylie shall determine the cost of making the necessary repairs,
maintenance or replacements, including administrative expenses. Licensee shall pay said amount to
Wylie within thirty (30) days after receipt of a written invoice from Wylie. Damage to the Facility and/or
Wylie's property and/or equipment at the Facility shall be presumed to have arisen from License's use if
said damage was not noted in writing by Licensee at the commencement of its use of the Facility each day
of the Training Period pursuant to Section 2.5.
4.3. Securijy. Licensee shall be fully responsible for prohibiting unauthorized persons from
entering the Facility during the Training Period, and for leaving the Facility in a safe condition at the end
of its use each day of the Training Period.
ARTICLE V
Insurance, Liability and Indemnity
5.1. Insurance. Licensee shall procure and keep in full force and effect throughout the term of
this Agreement, at its sole cost and expense, all of the insurance policies specified in, and required by the
Wylie Insurance Requirements, attached hereto as Exhibit "B" and incorporated herein for all purposes.
Licensee also shall comply with all other requirements set forth in Exhibit "B ". The requirements
contained herein and in Exhibit "B ", as well as Wylie's review or acceptance of insurance maintained by
Licensee, are not intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by Licensee under this Agreement. In no event shall the limits of said insurance policies be
considered as limiting the liability of Licensee under this Agreement.
5.2. Liabilijy. To the fullest extent permitted by law, Licensee shall be fully and solely
responsible and liable for its own acts and omissions, including those of its officers, employees,
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volunteers, instructors, students, trainees, agents, contractors, invitees and all other parties it allows onto
the Facility. Wylie assumes no such responsibility or liability. Licensee acknowledges and agrees that
Licensee, its officers, employees, volunteers, instructors, students, trainees, agents, contractors, invitees
and all other parties Licensee allows onto the Facility are not employees, agents, representatives or
independent contractors of Wylie. Nothing in this Agreement shall be construed to create or impose on
Wylie any responsibility or obligation for any wages, salary, workers' compensation, disability benefits or
other compensation, remuneration or benefits to Licensee, including its officers, employees, volunteers,
instructors, students, trainees, agents, contractors, invitees and all other parties it allows onto the Facility.
To the fullest extent permitted by law, Licensee assumes full responsibility and liability for any and all
injuries or damages to its officers, employees, volunteers, instructors, students, trainees, agents,
contractors, invitees and all other parties it allows onto the Facility, and for any and all damage to its
equipment and its other property. Wylie shall have no such responsibility or liability to either Licensee or
said employees, volunteers or other persons.
5.3. Participant Release. Licensee shall require a Participant Release of Liability Form,
attached hereto as Exhibit "C" and incorporated herein for all purposes, to be executed by each
participant in a Training Period.
5.4. Indemnification. TO THE FULLEST EXTENT PERMITTED BY LAW,
LICENSEE, ITS OFFICERS, EMPLOYEES, VOLUNTEERS, INSTRUCTORS, STUDENTS,
TRAINEES, AGENTS, CONTRACTORS AND INVITEES (COLLECTIVELY REFERRED TO
AS "LICENSEE" FOR PURPOSES OF THIS SECTION), AGREE TO RELEASE, DEFEND,
INDEMNIFY AND HOLD HARMLESS WYLIE AND ITS OFFICERS, COUNCIL MEMBERS,
REPRESENTATIVES, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO AS
"WYLIE" FOR PURPOSES OF THIS SECTION) FROM AND AGAINST ANY AND ALL
CLAIMS, DEMANDS, DAMAGES, INJURIES (INCLUDING DEATH), LIABILITIES AND
EXPENSES (INCLUDING ATTORNEYS' FEES AND COSTS OF DEFENSE) ARISING
DIRECTLY OR INDIRECTLY OUT OF THE OPERATION OR PERFORMANCE OF
LICENSEE UNDER THIS AGREEMENT, THE LICENSE GRANTED HEREUNDER, THE USE
OF THE FACILITY OR ANY ACT OR OMISSION OF LICENSEE IN OR AROUND THE
FACILITY, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT
LIABILITY OF WYLIE. WYLIE WILL NOT ACCEPT LIABILITY FOR INJURIES THAT
ARE THE RESULT OF THE NEGLIGENCE, MALFEASANCE, ACT OR OMISSION OF
LICENSEE. LICENSEE AGREES TO ACCEPT LIABILITY FOR INJURIES TO ITSELF OR
OTHERS CAUSED BY ITS OWN NEGLIGENCE, MALFEASANCE, ACT OR OMISSION.
IN ITS SOLE DISCRETION, WYLIE SHALL HAVE THE RIGHT TO APPROVE OR SELECT
DEFENSE COUNSEL TO BE RETAINED BY LICENSEE IN FULFILLING ITS OBLIGATION
HEREUNDER TO DEFEND AND INDEMNIFY WYLIE, UNLESS SUCH RIGHT IS
EXPRESSLY WAIVED BY WYLIE IN WRITING. WYLIE RESERVES THE RIGHT TO
PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, WYLIE IS UNDER NO
OBLIGATION TO DO SO. ANY SUCH ACTION BY WYLIE IS NOT TO BE CONSTRUED AS A
WAIVER OF LICENSEE'S OBLIGATION TO DEFEND WYLIE OR AS A WAIVER OF
LICENSEE'S OBLIGATION TO INDEMNIFY WYLIE PURSUANT TO THIS AGREEMENT.
LICENSEE SHALL RETAIN WYLIE - APPROVED DEFENSE COUNSEL WITHIN SEVEN (7)
BUSINESS DAYS OF WYLIE'S WRITTEN NOTICE THAT WYLIE IS INVOKING ITS RIGHT
TO INDEMNIFICATION UNDER THIS AGREEMENT. IF LICENSEE FAILS TO RETAIN
COUNSEL WITHIN SUCH TIME PERIOD, WYLIE SHALL HAVE THE RIGHT TO RETAIN
DEFENSE COUNSEL ON ITS OWN BEHALF, AND LICENSEE SHALL BE LIABLE FOR ALL
COSTS INCURRED BY WYLIE.
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THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
ARTICLE VI
Revocation of License/Use Agreement; Termination for Convenience; Default
6.1. Revocation of License/Use Agreement. Notwithstanding anything herein to the contrary,
the rights granted to Licensee hereunder amount only to a non - exclusive license to use the Facility during
the Training Period, as approved in a Use Agreement, which license/Use Agreement(s) is expressly
revocable by Wylie for any reason whatsoever upon notice to Licensee and without recourse, damages or
rights of recovery to Licensee. On Licensee's receipt of notice from Wylie of the revocation of any such
license/Use Agreement, Licensee's right to utilize said Facility shall terminate immediately, or at a later
date if such date is identified by Wylie. Licensee shall surrender the Facility to Wylie immediately upon
termination. Notwithstanding anything herein to the contrary, if Wylie revokes a license/Use Agreement
prior to or during its corresponding Training Period for any reason not relating directly or indirectly to the
activities, acts or omissions of Licensee, as determined by the Administrator, then Wylie will reimburse
Licensee on a pro -rata basis for the corresponding License Fee and/or deposit paid by Licensee, less any
fees and expenses due to Wylie.
6.2. Termination for Convenience. Wylie may terminate this Agreement for convenience at
any time on written notice to Licensee and without any recourse, damages or rights of recovery to
Licensee. Licensee may terminate this Agreement for convenience on thirty (30) days written notice to
Wylie. If either party terminates this Agreement for convenience as provided herein, then both parties
shall be relieved of all further obligations hereunder subsequent to the date of termination. Without
terminating the full Agreement, Wylie may terminate any Use Agreement for convenience in accordance
with Section 6.1, and Licensee may terminate any Use Agreement for convenience on written notice to
the Administrator at least five (5) business days prior to the commencement of the Training Period
approved by said Use Agreement. Licensee's right to utilize the Facility under said Use Agreement shall
cease, and Licensee shall surrender the Facility to Wylie, immediately on termination. If either party
terminates a Use Agreement for convenience as permitted herein, then both parties shall be relieved of all
further obligations under said Use Agreement subsequent to the date of its termination. All other
obligations arising under this Agreement, including nonterminated Use Agreements, shall remain in
place. If Licensee terminates a Use Agreement for convenience with the requisite five (5) business days
written notice, then Wylie shall refund the corresponding License Fee deposit paid by Licensee. If
Licensee terminates a Use Agreement without the requisite five (5) business days written notice, then
Wylie shall retain the full deposit and also may take any other action to protect or enforce its rights,
including but not limited to, seeking damages for the full License Fee and other damages
6.3. Default. Licensee's violation of, or failure to perform or observe, any of the agreements,
covenants, obligations, representations or conditions contained herein, including any agreements and
documents incorporated into this Agreement, to be performed or observed by Licensee shall constitute a
default of this Agreement by Licensee. In such case, Wylie may, in its sole discretion, immediately
terminate this Agreement in full, or it may terminate any Use Agreement(s) without terminating the full
Agreement, without any recourse, damages or rights of recovery to Licensee, and/or take any other legal
action to protect and enforce its rights.
ARTICLE VII
Miscellaneous
7.1. Binding Effect. This Agreement shall be binding on and shall inure to the benefit of the
successors and assigns of the parties.
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7.2. Governing Law, Venue. This Agreement shall be construed under and in accordance
with the laws of the State of Texas, without regard to Texas' choice of law provisions. The exclusive
venue for any action arising out of the parties' performance under this Agreement shall be a court of
appropriate jurisdiction in Collin County, Texas.
7.3. Savin s /g_ Severability. In the event that a term, condition or provision of this Agreement
is determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent jurisdiction,
then that term, condition or provision shall be deleted and the remainder of the Agreement shall remain in
full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been
contained in this Agreement.
7.4. Immuni1y. The parties acknowledge and agree that, in executing and performing this
Agreement, Wylie has not waived, nor shall be deemed to have waived, any defense or immunity,
including governmental, sovereign and official immunity, that would otherwise be available to it against
claims arising in the exercise of governmental powers and functions.
7.5. Entire Agreement. This Agreement constitutes the sole and only agreement of the parties
with respect to the matters contained herein. This Agreement supersedes any prior understandings or
written or oral agreements between the parties concerning these matters. This Agreement may not be
modified or terminated except in accordance with the provisions hereof or by the mutual written
agreement of the parties.
CITY OF WYLIE, TEXAS
ATTEST:
Carole Ehrlich, City Secretary
Mindy Manson, City Manager
LICENSEE:
By:
Print Name:
Title:
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EXHIBIT °B"
(Use Agreement)
This section to be filled out by applicant/organizadon ( "Organization")
Requesting Organization: Contact Person:
Billing Address: City/Zip Code:
Phone: E -mail:
Name of Training Event/Activity: Expected Attendance:
Training Period: Proposed Training Date(s) Hours (From/To)
Facility Area(s) Requested:
Training Activity(ies) Proposed:
Organization represents and warrants that it has an active License Agreement for training at the Southeast Collin
County Regional Training Facility. Organization shall comply with all terms of said Agreement and with all rules
and regulations identified therein. Fifty percent (50 %) of the License Fee is due upon execution of this Use
Agreement. The full balance of the License Fee is due thirty (30) days after expiration or earlier termination of the
above - identified Training Period. If Organization's actual use exceeds that anticipated herein, Organization shall be
invoiced for the additional fees. Organization shall be invoiced for any damage resulting from its activities.
Organization Name:
Authorized Signature
Print Name and Title
Date:
To be completed by authorized Wylie representative and returned to applicant
Your application has been: approved disapproved modified as described on attached
(any modification must be initialed by Organization)
License Fee: $ 50% Deposit collected: $ Date:
Signature: Date:
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EXHIBIT "C"
(Wylie Insurance Requirements)
I. GENERAL INSURANCE REQUIREMENTS — Licensee shall, during the term of the Agreement,
or any renewal or extension thereof, provide and maintain the types and amounts of insurance as set
forth herein at Licensee's sole cost and expense. Licensee is not relieved of any liability or other
obligations arising under this Agreement by reason of its failure to obtain or maintain insurance in
sufficient amounts, duration or types. All insurance and certificate(s) of insurance shall contain the
following provisions:
A. Name Wylie and its City Council members, officers, agents, representatives and employees as
additional insureds as to all applicable coverage with the exception of workers compensation
insurance.
B. Provide for at least thirty (30) days prior written notice of cancellation, non - renewal or material
change or modification of any policies, evidenced by return receipt or United States Certified
Mail. The words "endeavor to" and "but failure" (to end of sentence) are to be eliminated from
the Notice of Cancellation provision on standard ACORD certificates.
C. Provide for a waiver of subrogation against Wylie for injuries, including death, property damage
or any other loss to the extent the same is covered by the proceeds of the insurance.
D. Provide an endorsement(s) applicable to each policy.
II. INSURANCE COMPANY QUALIFICATION — All insurance companies providing the required
insurance shall be authorized to transact business in the State of Texas and shall have a minimum
rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s).
III. CERTIFICATE OF INSURANCE — A Certificate of Insurance and accompanying endorsement(s)
evidencing the required insurance shall be submitted with the Licensee's execution of the Agreement.
If the Agreement is renewed or extended, a Certificate of Insurance shall also be provided to Wylie
prior to the date the Agreement is renewed or extended.
IV. INSURANCE CHECKLIST — "X" means that the following coverage is required for the
Agreement:
X 1.
X 2.
X 3.
4.
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Coverage Required
Worker's Compensation &
Employer's Liability
Limits
■ Statutory Limits of the State of Texas
General Liability ISO Form GL 00 ■ Minimum $1,000,000.00 each occurrence;
01 (or similar form) ■ Minimum $2,000,000.00 in the aggregate.
Coverage under the General Liability Insurance is primary to all other coverage City may
possess.
Other Insurance Requirements (state below):
EXHIBIT "D"
(Participant Release of Liability Form)
I, , the undersigned ( "Releasor" ), being over the age of 18, have voluntarily
chosen to participate in training and/or other activities at the Southeast Collin County Regional Training Facility
( "Facili "). I fully understand that my use of and/or participation in training or other activities at the Facility may result
in serious injury, illness and/or death to my person and/or damage to my property. Although I appreciate these risks, I
desire to use the Facility and/or participate in training and/or other activities at the Facility without regard to the
consequences. I assume full and complete responsibility for any injury, accident, incident and/or activity that may occur
to me or my property, as applicable, in my participation in any training and/or activities at the Facility.
In consideration for my right to use or participate in the use of the Facility, I hereby agree to release, acquit, hold
harmless, forever discharge and waive any and all claims that I may, now or later, have against the City of Wylie, Texas,
its Council Members, officers, agents, representatives, employees, members, heirs, legatees, administrators, executors and
assigns, in whole or in part, in both their private and public capacities (collectively, "Releasees "). This shall include the
release of any and all actions, causes of actions, claims, demands, damages, lawsuits, costs, loss of services, expenses and
compensation, whether known or unknown, on account of, or in any way arising out of or connected in any manner with
my use of the Facility and/or participation in any training or other activities at the Facility, including, but not limited to,
liability, damages, injury (including death), property damage, legal fees and/or costs caused by or related to any negligent
or intentional act of any Releasee.
I declare and represent that in making this release:
(1) I rely wholly upon my own judgment, belief and knowledge of the nature of my decision to
participate in any training and activities at the Facility; and
(2) 1 have not been influenced to any extent whatsoever in making this release by any representations or
statements made by any of the Releasees; and
(3) 1 recognize and acknowledge that the Releasees, individually and/or collectively, make no warranties,
express or implied, as to the Facility; and
(4) I recognize and agree that while using the Facility and/or participating in any training or activities at
the Facility, I will not be an agent, servant or employee of the City of Wylie, Texas, and I will not be
covered by the City of Wylie, Texas for any benefits, including, but not limited to, workers
compensation and/or death and/or disability benefits.
It is my express intention in signing this release to bind myself, my executors, my administrators, my heirs, my legatees
and my assigns. This release is for the benefit of the Releasees and all others who may be liable to me for any damage,
harm and/or injury to me (including death) or property arising out of my participation in training and/or activities at the
Facility, as well as use of the Facility.
It is further agreed that the execution of this release and acceptance of the same shall not constitute a waiver by the
Releasees of their governmental immunity and/or any other defense they may have at law and/or equity, whether local,
state or federal. Acceptance of this release by the City of Wylie, Texas is not to be construed as an admission of any
liability whatsoever by any or all of the Releasees.
I, the undersigned, have carefully read the foregoing and know and understand the contents thereof. I sign this release
voluntarily as my own free act, with full knowledge of its significance, intending for me to be legally bound thereby.
Signature Print Name
Date
Resolution No. 2014 -41(R)
Training Facility Use Agreement
EXHIBIT "E"
(RULES OF ENGAGEMENT)
,.M, Southeast Collin
�T� f' County Regional Orr Training Facility
Resolution No. 2014 -41(R)
Training Facility Use Agreement
Rules of Engagement
In an effort to increase the longevity of the facility, this packet has been prepared in order to address use of the facility —
from scheduling to clean up. We must keep in mind the fact that even though the primary burn structure is made of
concrete it can be damaged.
All live fire training will be conducted in accordance with NFPA 1403 2012 ed.
These guidelines have been established to ensure the longevity of the training facility. It is not our intention to make it
difficult for other departments or organizations to use the facility but rather to guarantee that it will remain a viable
training resource for many years to come.
Failure to follow the guidelines set forth on the following pages will jeopardize your department or organization's future
use of the training facility.
If you have any questions or are unsure of anything regarding the use of the facility, please contact the Administrative
Battalion Chief assigned to training at (972) 941 -8961.
Reserving the Training Facility
Scheduling use of the Southeast Collin County Regional Training Facility is on a first come, first serve basis. You may
schedule use of the facility by contacting the City of Wylie's Fire Administration at 972 - 941 -8961. If the dates you
request are available, it will be reserved for the department or organization. If circumstances change and you must cancel
your scheduled use of the facility, please let us know as soon as possible so that we may open the date(s) for others to use.
Member departments will be given priority over non - member department in cases of scheduling conflicts.
Safety Officer/Trainine Coordinator
Each organization that makes use of the facility must have an on -site Safety Officer/Training Field Coordinator supplied
by Wylie Fire Rescue. The safety officer will be a Texas Commission on Fire Protection safety officer. This does not
preclude the agency from using their own safety officer; however, a Wylie attendant is still required to be present during
any training by an outside agency. See fee schedule for rate information.
Clean Ua
It is the responsibility of those using the facility to clean up at the end of the day. Shovels, a wheelbarrow and a small
dumpster are on -site to aid in the clean -up process. All burn materials must be extinguished and placed in the dumpster
located at the rear of the facility. All large unburned materials should be cut or broken up to take up less space in the
dumpster.
Restroom Facilities
Restrooms are inside Fire Station 2. You may enter through the door on the north side of the building. Please ensure all
doors are closed and secured when you leave the training facility.
NO BUNKER GEAR OR MUDDY BOOTS WILL BE ALLOWED IN THE FIRE STATION.
Arrangements may be made to have portable toilets brought in for larger training events.
Facility Use Agreement
This contract is to be completed by the appropriate representative of the entity requesting usage of the facility to train their
paid/volunteer personnel. All paperwork should be received two weeks in advance to retrieve appropriate signatures on
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the documents. The agreement must be signed by the City of Wylie city manager. Contracts have a two year term
unless cancelled by either party as described in the Facility Use Agreement.
Use Agreement
A use agreement form must be completed for each use of the facility by the entity requesting to utilize the Southeast
Collin County Regional Training Facility. The form may be used to request the use of the facility via email or it may be
completed directly after the training date has been secured by a Wylie Fire Rescue officer.
Participant Release Forms
The city requires that participant release forms be completed prior to use of the training facility for any
department/organization utilizing the Southeast Collin County Regional Training Facility. These documents may be
provided to the Wylie Fire Department with the Facility Use Agreement, Use Agreement, or as late as the day of training;
however, they must be provided before training takes place.
Fees for Use
Training needs vary and therefore fees will vary. Please request a quote from a Southeast Collin County Regional
Training Facility representative.
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FACILITIES FOR USE
Roof Ventilation Simulator
The mock ventilation simulator on top of the burn building allows you to train in vertical ventilation, sounding the roof,
and cutting ventilation holes with an axe or power saw.
Trench Rescue Simulator
The Trench Rescue simulator is a permanent concrete structure. It is configured to accommodate straight, L, and T trench
simulations.
Confined Space Simulator
This specially designed and constructed prop provides a realistic, yet safe environment to conduct specialized rescue
training activities. 30" and 36" pipes replicate various below grade environments.
Drill Tower
A 40' open air tower ideal for rope rescue and repelling training. It may also be used for aerial apparatus placement
training as well as aerial ladder rescue training. Ground ladder training of all lengths may be conducted on the drill tower.
Forcible Entry Simulator —The Inforcer
A mobile forcible entry simulator that is realistic and versatile. It simulates outward swinging door, inward swinging door,
drop bar bolt cutting, hinge cutting, deadbolt cutting and padlock cutting. There is also a rollup overhead door simulator.
This prop may be used off -site as well.
Burn Building
A concrete block building designed to simulate a small residential structure. It is divided into two rooms. Each room is
fitted with steel window in steel frames that can be opened and closed at will. Both rooms have an access hole through the
ceiling to simulate "getting into the attic ".
Fire Behavior & Rollover Chamber
Engineered metal container attached to the burn building designed to allow for the observation of fire build up and roll-
over, the effects of both vertical and horizontal ventilation and the use of hose streams to control fire conditions.
Positive Pressure Attack (PPA) Building
Designed to show students the effects of air flow paths through structures on fire, heat and smoke. It is essentially a small
five room residential structure with a roof and windows. The PPA building is used in conjunction with the Positive
Pressure Fire Attack class, but can also be used for search and RIC training.
RULES FOR LIVE FIRE TRAINING
Fuel
The Burn Building was not designed to see "HOW HOT THEY CAN TAKE IT ", but rather to simulate the heat and
smoke firefighters must work in within a controlled training environment. These guidelines should provide sufficient fire
and smoke for any training session.
Only Class A fuels can be burned in the interior of the burn rooms, in the burn chamber, and in the PPA building
Permitted fuels: wooden pallets (no treated lumber), hay, straw, and the like. However, no flammable liquids may be used
to start fires.
A propane torch and cylinder are on site to ignite the fuels. The striker is maintained with the torch.
It is the responsibility of each user to furnish their own fuel. Do not use fuel found on site without explicit permission. For
a fee, pallets and hay and other materials necessary for fire training may be provided.
DO NOT BURN TREATED LUMBER. CARDBOARD OR PAPER. USE OF
ACCELERANT FLAMMABLE LIQUIDS IS PROHIBITED
Fuel Load
To reduce the risk of injury to those participating in live burn training, the following guidelines should be followed:
Burn Building Rooms 1&2: Cut pallet to sit on stand without tipping over, place 1/3 to '/s bale of hay on pallet, secure
by placing another piece of pallet on top of hay. Wet hay to help in smoke generation.
Rollover Chamber: Use 2 -3 pallets arranged in tee -pee fashion stuffed with 1/2 bale of hay. A pallet may be added to the
chain holders above the fire and to each side if desired.
PPA Building: Use 4 -6 pallets stuffed with 1/2 -3/4 bale of hay in each room. With the approval of the safety officer, a
few scraps of plywood previously used on the windows from may be added.
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