R2023-61 Resolution Approving an Amended Agreement Between the City of Decatur and the Public Safety Training Foundation for the Use of the VIRTRA V-300 Training Simulator and Grain Safety Facility

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AGREEMENT BETWEEN THE PUBLIC SAFETY TRAINING FOUNDATION AND THE CITY OF DECATUR,ILLINOIS, FOR USE OF THE VIRTRA V-300 LE TRAINING SIMULATOR AND GRAIN SAFETY FACILITY This Agreement ("Agreement") is made by THE PUBLIC SAFETY TRAINING FOUNDATION, a not-for-profit corporation (the "PSTF"), and THE CITY OF DECATUR, ILLINOIS, a body politic and corporate under the laws of the State of Illinois, (the "City"), with reference to the following facts, and subject to the following terms and conditions: RECITALS A. The PSTF owns the VirTra V-300 LE Training Simulator(the"System")within the Grain Safety and Rescue Building located at 920 W. Grove Road Decatur, IL (the "Facility"). B. The PSTF now desires to allow the Police Department of the City ("DPD") to use the System and Facility, subject at all times to the terms and conditions of this Agreement. ARTICLE ONE—GENERAL TERMS A. In consideration for the City's covenants hereinafter expressed and made, the PSTF grants to the DPD non-exclusive access to and use of the System, on days determined and agreed to by the PSTF or Richland Community College (RCC). If a conflict arises it will be deferred to the PSTF for resolution. PSTF's use will take precedence over any other agency or organization. B. The City agrees that the PSTF shall maintain control of the System and Facility and further agrees to abide by the PSTF's operational rules for the System and Facility, which rules and subsequent amendments shall be provided by the Chief Operating Officer of the PSTF to the DPD personnel in charge of oversight of the System. ARTICLE TWO—PARTICULAR TERMS AND CONDITIONS A. The System and Facility is available to the City only for training of law enforcement officers employed by the DPD. B. The DPD acknowledges that other parties may use other areas of the Facility from time to time for a variety of training and DPD's use of the System cannot interfere with the other training at the Facility. C. DPD personnel shall use personal safety equipment, to include but not limited to, hearing and eye protection and relevant body gear, at all times when training. D. NO LIVE AMMUNITION WILL BE PERMITTED IN THE BUILDING. E. For all uses of the VirTra equipment, no more than 15 individuals may be in attendance at any one time.