HomeMy WebLinkAboutAgreement_General_8/18/2021_Palm Beach GardensVillage ofTecluest
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To: Jeremy Allen, Village Manager
From: James Trube, Fire Chief
Date: September 9, 2021
561-768-0700
www.tequesta.org
Re: Palm Beach Gardens Fire Rescue Hold Harmless 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.
Vice -Mayor Kyle Stone Mayor Frank D'Ambra, III
Council Member Bruce Prince
Council Member Laurie Brandon
Council Member Molly Young
Village Manager Jeremy Allen
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IN
PALM BEACH
City of Palm Beach Gardens
Office of the City Clerk
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4122 psnider iDpbafl.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.
01for Your Records
17 As Requested
13 For Review and Signature
Signed
Patricia
CMC, City Clerk
C3 For Recording
O Returned for Corrections
O Other:
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PALM BEACH /
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 la 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:
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City of Palm Beech Gardens
Indemnficabon and Hold Harmless for Training Facdity
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
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City of Patin Beach Gardens
Indemnification and Hold HarmJM for Trainirq 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 arty way
connected with the Agency's access to, use of, and/or mere presence at the City's Training
Facility.
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.
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.
NOTICES.
All notices, requests, demands, and other cornmunic ations 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 Parries as follows:
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Manager
AGENCY
357 Tequesta Drive
TeWesta, FL 33469
AM: Fire Chief
APPLICABLE LAW.
This Agreement shall be governed and construed in accordance with the laws of State of
Florida with venue in Palm Beach County.
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
thereot.
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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 ZBy:�r
Ronald M. —Pe s, City Manager
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FOR
LEGAL SUFFICIENCY ,
By:
ity Attorney
AGENCY
By: � I A 19 W A 6 �\'
Jeremy en, Village Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Keith Davis, Village Attorney
Shared Documents/FIRE-RESCUE/PBG FD tndemnificaticn and Ho:d Harmless Agreement-2021 dccx
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PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep
and maintain this Agreement and any other records associated therewith and that are associated
with the performance of the work described in the Proposal or Bid. Upon request from the
Village's custodian of public records, CONTRACTOR must provide the Village with copies of
requested records, or allow such records to be inspected or copied, within a reasonable time in
accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR
who fails to provide the public records to the Village, or fails to make them available for
inspection or copying, within a reasonable time may be subject to attorney's fees and costs
pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in the Proposal
or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and
following completion of the Agreement if the CONTRACTOR does not transfer the records to the
Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to
the Village, all public records in possession of the CONTRACTOR, or keep and maintain public
records required by the Village. If the CONTRACTOR transfers all public records to the Village
upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the Agreement, the
CONTRACTOR shall meet all applicable requirements for retaining public records. Records that
are stored electronically must be provided to the VILLAGE, upon request from the Village's
custodian of public records, in a format that is compatible with the Village's information
technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS
CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT
Imcwilliams tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
33469.
Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has
jurisdiction to investigate municipal matters, review and audit municipal contracts and other
transactions, and make reports and recommendations to municipal governing bodies based on
such audits, reviews, or investigations. All parties doing business with the Village shall fully
cooperate with the inspector general in the exercise of the inspector general's functions,
authority, and power. The inspector general has the power to take sworn statements, require
the production of records, and to audit, monitor, investigate and inspect the activities of the
Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and
eradicate fraud, waste, mismanagement, misconduct, and abuses.
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"The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy
to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA")
by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible
to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written
statement indicating that all [ agreement /bid documents and specifications], from Contractor,
including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format
that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the
Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by
the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at
www.w3.org/TR/WCAG/."
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