HomeMy WebLinkAbout24638AGREEMENT INFORMATION
AGREEMENT NUMBER
24638
NAME/TYPE OF AGREEMENT
THE CITY OF CORAL GABLES
DESCRIPTION
ACCESS, INDEMNIFICATION, & HOLD HARMLESS
AGREEMENT/USE OF CITY OF MIAMI TRAINING CENTER
FOR RECRUIT & FIREFIGHTING TRAINING/MATTER ID: 23-
2747
EFFECTIVE DATE
October 3, 2023
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
10/30/2023
DATE RECEIVED FROM ISSUING
DEPT.
10/30/2023
NOTE
DOCUSIGN AGREEMENT BY EMAIL
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Fire -Rescue
DEPT. CONTACT PERSON: Maria T. Martinez
EXT. 1672
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "City of Coral Gables"
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY) Hold Harmless Agreement
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
X
X
NO
NO
PURPOSE OF ITEM (BRIEF SUMMARY): Allow the City of Coral Gables to utilize the Fire Training Center grounds
for drill purposes.
COMMISSION APPROVAL DATE:
FILE ID:
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ENACTMENT NO.:
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
October 25, 2023
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SIGNATURE:
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SUBMITTED TO RISK MANAGEMENT
October 25, 2023
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SUBMITTED TO CITY ATTORNEY
October 27, 2023
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APPROVAL BY ASSISTANT CITY MANAGER
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SIGNATURE:
RECEIVED BY CITY MANAGER
October 30, 2023
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1) ONE ORIGINAL TO CITY CLERK,
2) ONE COPY TO CITY ATTORNEY'S OFFICE,
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
ACCESS, INDEMNIFICATION, AND HOLD HARMLESS
AGREEMENT
This Access, Indemnification, and Hold Harmless Agreement (the "Agreement"), entered into
this 3 day of October , 2023,(the "Effective Date") by and between THE CITY OF CORAL
GABLES, FLORIDA, a municipal corporation of the State of Florida ("Accessor"), and THE CITY
OF MIAMI, FLORIDA, a municipal corporation of the State of Florida (the "City").
WITNESSETH
WHEREAS, Accessor has voluntarily requested permission to access and utilize City -owned
property located at 3425 Jefferson Street, Miami, Florida 33133 (Folio: 01-4120-032-0010), including
self -standing props and other training equipment stored on the property (the "Property") for the purpose
of conducting Recruit and Firefighting Training, during which Coral Gables Fire Rescue will evaluate
their recruits' and firefighters ability to perform multiple firefighting duties commonly encountered in
the fire service such as hose management, search and rescue, ladder placement, roof ventilation, forward
and reverse evolutions, forcible entry, firefighter survival, and Iive burn evolutions ("Purpose"); and
WHEREAS, the City desires to grant Accessor temporary and limited access to the Property in
exchange for the promises and obligations described below; and
NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Recitals and Incorporations. The foregoing recitals are true and correct and are incorporated herein
by this reference.
2. Definitions. Any reference to days shall mean calendar days unless specifically stated otherwise.
3. Right to Access. The City grants to Accessor, temporary access rights to enter upon the Property
solely for the Purpose described above, and subject to the terms and conditions hereinafter contained
during the Access Period. Said temporary access rights are subject to the requirement that Accessor
provide twenty four (24) hours of advance written notice prior to accessing or conducting any activity
at the Property.
4. Access Period. The Accessor may exercise its temporary access rights beginning on the Effective Date
first written above, and ending twenty four (24) hours thereafter (the "Access Period"). Accessor
shall vacate the property, restore it to its preexisting condition as further described below, and remove
any of Accessor's effects and equipment prior to the expiration of the Access Period. The Access
Period may be extended for an additional period of no more than forty eight (48) hours in the City's
sole discretion with the City Manager's written approval.
5. Live Burns Evolutions. If Accessor elects to conduct live burn evolution drills on the Property, the
City shall conduct the drill and manage any and all required props. The City shall have the sole and
absolute discretion over whether props, if any, are used during the drill.
6. Condition of Property. Accessor has inspected, or has been given the opportunity to inspect, the
Property, prior to execution of this Agreement, and accepts the Property "as is," in its present
condition and state of repair and without any representation by or on behalf of the City. Accessor
agrees to maintain the Property in a good and safe condition and that the City shall not, under any
circumstances, be liable for any latent, patent, or other defects in the Property.
7. Return of Property. The Accessor shall return the Property to the same or better condition than the
when the Accessor first accessed the Property upon the expiration of the Access Period or when the
Accessor completes its activity and no longer requires access, whichever occurs first. The Accessor
agrees to remit and pay all costs, fees, or expenses for placing the Property back in the
aforementioned same or better condition. The Accessor agrees the City shall not expend any resources
whatsoever for placing the Property back in the aforementioned same or better condition. If the
Accessor fails to return the Property to its preexisting condition, the City may cause any necessary
work or repairs to be completed and seek costs from the Accessor.
8. Indemnification and Hold Harmless. Accessor shall indemnify, protect, defend, release, and hold the
City, its officers, officials, employees, agents, representatives, and servants (collectively the
"Indemnitees") harmless from and against all claims, damages, liabilities, civil actions, statutory or
similar claims, injuries and losses, including but not limited to reasonable attorneys' fees and court
costs, incurred by the Indemnities due to injury to person or property arising out of or in connection
with Accessor's, or any of its officers, officials, employees, agents, representatives, contractors,
subcontractors, or consultants' (collectively "Accessor's Representatives") negligence, intentional
acts, omissions, or conduct in its access of the Property.
9. Successor's in Interest. This Agreement shall be legally binding upon the Accessor, its successors in
interest, heirs, estate, assigns, legal guardians, and personal representatives. The Accessor is aware
that it is releasing certain legal rights that it may otherwise have, and is undertaking other specific legal
obligations that it otherwise might not have, and it nevertheless shall enter into this Agreement on
behalf of itself, and others described above, of its own free will.
10. Risk of Loss. Accessor understands that it is responsible for providing its own security and agrees
that the City shall not be liable for any loss, injury or damage to any personal property, fixtures,
materials, supplies, or equipment brought into the Property by Accessor or by anyone whomsoever,
during the time that the Property is under the control of or occupied by the Accessor. All personal
property, fixtures, materials, supplies placed or moved in the Property shall be at the risk of Accessor
or the owner thereof.
11. Insurance. Accessor is self insured subject to the limitations and provisions of Section 768.28 of the
Florida Statutes.
12. Termination. The City shall have the right to terminate this Agreement by giving Accessor at least
fifteen
(15) days prior written notice for any reason or no reason for its convenience. The City may also
terminate this Agreement immediately for cause upon written notice if Accessor has defaulted under
the terms of this Agreement.
13. Survival. All obligations (including but not limited to indemnity and obligations to defend and hold
harmless) and rights of any party arising during or attributable to the period prior to expiration or
earlier termination of this Agreement shall survive such expiration or earlier termination.
I4. Notices. Notices required under the Agreement shall be deemed to be given when hand -delivered
(with receipt therefore) or mailed by registered or certified mail, postage prepaid, return receipt
requested.
AS TO THE ACCESSOR
Peter J. Iglesias
City Manager
405 Biltmore Way,
Coral Gables, FL 33134
WITH A COPY TO:
Christina M. Suarez
City Attorney
405 Biltmore Way,
9th Floor Coral Gables, FL 33134
AS TO THE CITY:
Art Noriega
City Manager
444 SW 2' Avenue, 10th Floor
Miami, FL 33130
an on egana,tniam i gov.com
WITH A COPY TO:
Victoria Mendez
City Attorney
444 SW 2' Avenue,
Miami, FL 33130
vmendez(a7miamigov.corn
Joseph F. Zahralban
Fire Chief
1151 NW 7th Street
Miami, FL 33136
izahraIban@miamigov.com
15. Sovereign Immunity. Nothing in this Agreement should be construed to waive either party's
sovereign immunity beyond the limitations set forth in s. 768.28, Florida Statutes.
16. Public Records. Accessor understands that the public shall have access, at all reasonable times, to all
documents and information pertaining to the City, subject to the provisions of Chapter 119, Florida
Statutes, and any specific exemptions there from, and Accessor agrees to allow access by the City
and the public to all documents subject to disclosure under applicable law unless there is a specific
exemption from such access. Accessor's failure or refusal to comply with the provisions of this
Section shall result in immediate termination of the Agreement by the City.
a. Pursuant to the provisions of Chapter 119.0701, Florida Statutes, Accessor must comply with
the Florida Public Records Laws, specifically Accessor must:
b. Keep and maintain public records that ordinarily and necessarily would be required by the
City in order to perform the service/Programming.
c. Provide the public with access to public records on the same terms and conditions that the
City would provide the records and at a cost that does not exceed the cost provided in Chapter
119 or as otherwise provided by law.
d. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
e. Meet all requirements for retaining public records and transfer, at no cost to the City, all
public records in possession of Accessor upon termination of this Agreement and destroy
any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements.
f. All records stored electronically must be provided to the City in a format compatible with
the information technology systems of the City.
g. Accessor agrees that any of the obligations in this Section will survive the term, termination,
and cancellation hereof.
IF ACCESSOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO ACCESSOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT AS A PUBLIC CONTRACT, PLEASE CONTACT
THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER 305-416-
1800, EMAIL: PUBLICRECORDS@MIAMIGOV.COM, AND MAILING ADDRESS:
PUBLIC RECORDS C/O OFFICE OF THE CITY ATTORNEY, 9TH FLOOR, MIAMI
RIVERSIDE CENTER, 444 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130 OR THE CITY'S
DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT CUSTODIAN OF
RECORDS AT 3RD FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND AVENUE,
MIAMI, FLORIDA 33130.
17. Counterparts. This Agreement may be executed in any number of counterparts, each of which so
executed shall be deemed to be an original, and such counterparts shall together constitute but one
and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature
of this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall
be binding on the party whose name is contained therein. Any party providing an electronic signature
agrees to promptly execute and deliver to the other parties an original signed Agreement upon
request.
18. Entire Agreement. This Agreement along with its incorporated Exhibits contain all the terms and
conditions agreed upon by the parties. This Agreement constitutes the full and final agreement
between the parties as to the subject matter of the Agreement. This Agreement supersedes and
replaces all prior or contemporaneous communications and agreement between the parties, whether
oral or otherwise, as to its subject matter. No other contract, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or bind any of the parties hereto.
19. Severability. If any provision of this Agreement is held invalid, void, or unenforceable by a court of
competent jurisdiction, such provision shall be construed in a manner to make it enforceable. In the
event the provision cannot be enforced through any interpretation, such provision shall be considered
severable and the remainder of this Agreement shall continue in full force and effect.
20. No Waiver. No waiver or breach of any provision of this Agreement shall constitute a waiver of any
subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless
made in writing in accordance with this Agreement.
21. Modifications, Amendments, Extensions, Waivers. Any alterations, variations, modifications,
extensions or waivers of provisions of this Agreement, including but not limited to access to and any
other uses of the Property, and the Access Period, shall only be valid when they have been reduced
to writing and duly authorized by the City Manager or City Commission as appropriate and the
authorized representatives for Accessor.
22. Audit. This Agreement and all documents connected therewith shall at all times be subject to the audit
and inspection requirements of Chapter 18 of the Code of Ordinances of the City of Miami, as
amended ("City Code").
23. Governing Law & Venue. This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida without regard to its conflicts of laws provisions. Any
controversies or legal proceedings arising out of this Agreement shall be submitted to the jurisdiction
of the state courts of the Eleventh Judicial Circuit, in and for, Miami -Dade County, Florida.
24. Compliance with Federal, State, and Local Laws. Accessor agrees to observe and comply with all
applicable federal, state, and local laws, rules, and regulations as they may be amended from time to
time.
Signature Page To Follow
IN WITNESS WHEREOF, the City and Accessor have caused this Agreement to be executed as of the
Effective Date set forth above.
ATTEST: ACCESSOR: CITY OF CORAL GABLES,
a municipal corporation of the State of Florida
BY:
illy Urquia
ity Clerk
ATTEST:
DocuSigned by:
BY: a-5.seesV.1Aie_.
Todd B. Hannon,
City Clerk
4014
APPROVED AS TO INSURANCE
REQUIREMENTS:
BY:
DocuSigned by:
Ann -Marie Sharpe, Director
Risk Management
BY:
APPROVED AS TO FORM
AND CORRECTNESS:
BY:
istina M. Suarez
City Attorney
CITY OF MIAMI,
DocuSigned by: a municipal corporation of the State of Florida
,-DocuSigned by:
a NoNA,
BY: ,..._RSncF8cs79nna7A
Art Noriega,
City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
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,-DocuSigned by:
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BY: `--I:: FQnAFFFFnaS7
Victoria Mendez,
City Attorney
Olivera, Rosemary
From: Martinez, Maria
Sent: Monday, October 30, 2023 9:57 AM
To: Olivera, Rosemary; Hannon, Todd; Lee, Denise
Cc: McGann, Tyrone; Guerra, Jose
Subject: Matter Id. 23-2747 - Hold Harmless Agreement - City of Coral Gables
Attachments: Matter ID. 23-2747 - Hold Harmless Agreement.pdf
Good morning Rosemary,
Please find attached a fully executed agreement that is to be retained as an original for the City.
Regards,
Maria T. !Martinez
Administrative Assistant I
Department of Fire -fescue
Technical -Services Division
305.416.1672 (Office)
305.400.5316 (FaN)
mmartinez@miamigov.com
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