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HomeMy WebLinkAboutAgreement_Interlocal_8/18/2021_Palm Beach Gardens Fire RescueVILLAGE OF TEQUESTA TEQU ESTA FIRE -RESCUE MEMORANDUM FILE NO. Admin. 21-28 DATE: August 18, 2021 TO: Jeremy Allen, Village Manager FROM: James Trube, Fire Chief i SUBJECT: Palm Beach Gardens F' a Rescue Training Agreement Please find attached the hold harmless agreement from Palm Beach Gardens Fire Rescue. This will enable us to be able to train at their new training facility, beginning in September 2021. Participating in these training exercises will help us to reach our ISO requirements. I am available to discuss at any time. PALM BEACH City of Palm Beach Gardens Office of the City Clerk 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4122 psnidernubgfl.com Letter of Transmittal DATE: September 7, 2021 TO: Village of Tequesta 357 Tequesta Drive Tequesta, FL 33469 Attn: Jeremy Allen, Village Manager Delivered via FedEx Tracking No. 8168 9124 4930 Re: Indemnification and Hold Harmless Agreement for the City of Palm Beach Gardens' Fire -Rescue Training Facility. rYour Records 13 As Requested D For Review and Signature Snider, CMC, City Clerk O For Recording 13 Returned for Corrections O Other: r PALM BEACH y CITY OF/PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, Florida 33410 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT FOR THE CITY OF PALM BEACH GARDENS' FIRE -RESCUE TRAINING FACILITY THIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT (the "Agreement") is made and entered into as of this 18 day of AuguSt , 2021, by and between the City of Palm Beach Gardens, Florida, a municipal corporation (the "City"), with offices located at 10500 North Military Trail, Palm Beach Gardens, Florida 33410 and Tequesta Fire Rescue , a Florida municipal corporation (the "Agency"), with offices located at 357 Tequesta Drive, Tequesta FL 33469 RECITALS WHEREAS, the City owns a state-of-the-art Training Facility located at 1100 Richard Road, Palm Beach Gardens, Florida 33410 (the "Training Facility") for fire -rescue training exercises; and WHEREAS, the Agency requires its fire -rescue personnel and/or employees to undergo training in various aspects of firefighting; and WHEREAS, the City has made the Training Facility available to the Agency for training exercises; and WHEREAS, the Agency acknowledges that the mere physical presence of its fire -rescue personnel and/or employees at, in, or on the Training Facility is inherently dangerous due to contemplated training exercises; and WHEREAS, the Agency agrees to assume any and all risk and liability associated with access to and physical presence on the Training Facility. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, parties hereby agree as follows: Page 11 of 4 City of Palm Beach Gardens Indemnification and Hold Harmless for Training Facility TERMS AND CONDITIONS 1. THE AGENCY'S RESPONSIBILITIES, 1.1 The Agency agrees to abide by any and all rules, policies, and conditions as established by the City that may be in effect, or as may be changed from time to time. 1.2 The Agency shall schedule and coordinate with the City prior to any and all training exercises at the Training Facility. 1.3 The Agency shall have an on -site supervisor at all times during the training exercises. 1.4 The Agency shall conduct a physical inspection of the Training Facility for any hazards or dangerous conditions on the premises or equipment prior to each use. If any such hazards or dangerous conditions exist, the Agency shall notify the City immediately and cease all training exercises. 1.5 The Agency shall at all times conduct its training exercises so as not to interfere with, obstruct, or endanger the City's operations, facilities, and/or the public. 1.6 During the training exercises, no unauthorized personnel or spectators shall be allowed at the Training Facility without the City's prior written approval. All authorized visitors, personnel, or others not directly under the control of the City shall execute a Hold Harmless Agreement with the City addressing any and all liability for claims, costs, judgments, or awards in a form approved of by the City prior to entering the Training Facility. 2. THE CITY'S RESPONSIBILITIES. The City retains the exclusive right to control and to manage the Training Facility, including, but not limited to, scheduling of all training exercises and enforcement of rules and regulations for the management of the Training Facility as may be determined by the City in the City's sole discretion_ 3. DUE CARE AND RESTORATION. The Agency shall take all due care to avoid damage to the Training Facility. The Agency shall notify the City immediately of any damage to the Training Facility. The Agency shall be liable for all costs associated with the repair, replacement, and restoration of the Training Facility for any and all damage that may occur as a result of the training exercises, except for normal wear and tear. 4. INDEMNIFICATION AND HOLD HARMLESS. In consideration for its use of the Training Facility, the Agency agrees to indemnify, defend, and hold harmless the City, its officers, agents, employees, servants, designees, and appointees from and against any and all claims, suits, and demands of liability, loss, or Page 12 of 4 City of Palm Beach Gardens Indemnification and Hold Harmless for Training Facility damage whatsoever, including attorneys' fees and costs and attorneys' fees and costs on appeal, from all claims, demands, debts, damages, liabilities, obligations, actions or causes of action, whether known or unknown, foreseen or unforeseen, fixed, accrued or contingent, liquidated or unliquidated, matured or unmatured, direct or derivative, or consequential arising from contract, tort, statute, regulation, or otherwise arising from or in any way connected with the Agency's access to, use of, and/or mere presence at the City's Training Facility. 5. NON -ASSIGNMENT. The Agency shall not assign or transfer its rights, privileges, and obligations under this Agreement to any other party. Notwithstanding the foregoing, nothing in this section shall be construed to impair the City's rights to allow others to make use of the Training Facility at the City's sole discretion. 6. TERM AND TERMINATION. This Agreement is effective upon execution by both Parties and shall remain in effect unless or until terminated by either Party. Either Party may terminate this Agreement with or without cause upon thirty (30) days' written notice to the other. 7. NOTICES. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been given if hand delivered; mailed via certified mail, return receipt requested; sent by facsimile; or sent by overnight courier (such as Federal Express or DHL) if sent to the Parties as follows: CITY OF PALM BEACH GARDENS AGENCY 10500 North Military Trail 357 Tequesta Drive Palm Beach Gardens, Florida 33410 Tequesta, FL 33469 Attn: City Manager Attn: Fire Chief 8. APPLICABLE LAW. This Agreement shall be governed and construed in accordance with the laws of State of Florida with venue in Palm Beach County. 9. ENTIRE AGREEMENT. This Agreement sets forth the entire Agreement of the Parties, and there are no other agreements or understandings, oral or written, between the Parties concerning the subject thereof. Page 13 04 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement their duly authorized representatives on the date hereinabove first written. CITY OF PALM BEACH GARDENS, FLORIDA By: Ronald M. Fer s, City Manager ATT: By:: Patricia Snider, CMC, City Clerk APPROVED AS TO FOR LEGAL SUFFICIENCY , AGENCY By: Jeremy en, Village Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Keith Davis, Village Attorney Shared Documents/RRE-RESCUEWBG FD indemnification and Hold HarmlesS Agreement-2021 docx Page 14 of 4