Agenda 07/14/2020 Item #16A15 (CCSO & Fire Districts Training on County Property)07/14/2020
EXECUTIVE SUMMARY
Recommendation to approve a standard form Indemnity and Hold Harmless Agreement as a
requirement for Collier County Fire Department and Sheriff’s Office training exercises on County-
owned improved properties where the buildings are desti ned for demolition and authorize the
County Manager or designee to execute.
OBJECTIVE: To allow the Collier County Fire Districts and Sheriff’s Office to conduct training
exercises on County-owned improved properties where the buildings are to be demolished, subject to the
County being indemnified and insured against all loss or damages.
CONSIDERATIONS: From time to time, the County purchases improved properties needed for capital
improvement projects. Usually, the buildings on these properties are demolished to make way for the
proposed County improvements. Demolition occurs typically as soon as possible after the properties are
acquired unless the County has a need for temporary use of the buildings. Recently, the Greater Naples
Fire District expressed a desire to use County-owned buildings for training purposes before the buildings
are demolished. This training includes smoke exercises and, in some instances, burning the buildings to
the ground. Historically, training exercises of this nature were allowed in some of the homes acquired for
pond sites and right-of-way approximately ten to twelve years ago for the Vanderbilt Beach Road
Extension Project. Risk Management now requires that the entity in control of the training indemnify and
insure the County against all loss or damages that may result from its use of the property for such
training.
Staff recommends that the Board of County Commissioners (Board) approve the attached standard form
Indemnity and Hold Harmless Agreement, which will now be required whenever the use of County-
owned property for the above-referenced training is requested. The agreement includes insurance
requirements.
FISCAL IMPACT: There is no funding required for this item. Approval of this item may result in cost
savings related to property demolition.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - CMG
GROWTH MANAGEMENT IMPACT: This item does not have any impact on the Long-Range
Transportation Plan and the Collier County Growth Management Plan.
RECOMMENDATION: To approve the attached standard form Indemnity and Hold Harmless
Agreement and authorize the County Manager, or his designee, to execute Indemnity Agreements that are
in substantial conformance therewith on behalf of the Board.
Prepared By: Robert Bosch, Manager - ROW Acquisition, Transportation Engineering Division
ATTACHMENT(S)
1. [LinkedX] Indemnity Agreement (PDF)
16.A.15
Packet Pg. 1037
07/14/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.15
Doc ID: 12444
Item Summary: Recommendation to approve a standard form Indemnity and Hold Harmless
Agreement as a requirement for Collier County Fire Department and Sheriff’s Office training exercises on
County-owned improved properties where the buildings are destined for demolition and authorize the
County Manager or designee to execute.
Meeting Date: 07/14/2020
Prepared by:
Title: Property Acquisition Specialist – Transportation Engineering
Name: Karen Dancsec
06/09/2020 12:57 PM
Submitted by:
Title: Division Director - Transportation Eng – Transportation Engineering
Name: Jay Ahmad
06/09/2020 12:57 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 06/09/2020 2:13 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 06/09/2020 4:36 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 06/10/2020 7:21 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 06/10/2020 9:12 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/12/2020 8:59 AM
Growth Management Department Gene Shue Additional Reviewer Completed 06/15/2020 9:21 AM
Growth Management Department Christine Arnold Deputy Department Head Review Skipped 06/16/2020 9:47 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 06/17/2020 9:05 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 06/17/2020 9:28 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/17/2020 9:42 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/17/2020 11:16 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 06/29/2020 10:13 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 07/06/2020 10:02 AM
Board of County Commissioners MaryJo Brock Meeting Pending 07/14/2020 9:00 AM
16.A.15
Packet Pg. 1038
INDEMNITY AND HOLD HARMLESS AGREEMENT
THIS INDEMNITY AND HOLD HARMLESS AGREEMENT (the "Agreement") is
entered into this day of , 20 by , whose address is
(the "Indemnitor") in favor of Collier County, a political subdivision of
the State of Florida and its representatives and agents, whose address is 3299 Tamiami Trail East,
c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (the "Indemnified
Parties").
WHEREAS, Indemnitor has requested the use of the building located at
(the "Building"), currently owned by Collier County, so that the
Indemnitor can use it for firefighting, emergency management, and/or crime prevention training
purposes (the "Training"); and
WHEREAS, the Indemnitor agrees to obtain insurance and to indemnify, defend and save
harmless the Indemnified Parties of and from all fines, suits, damages, claims, demands, losses
and actions (including attorneys' fees and costs and any attorneys' fees and costs in any bankruptcy
action and on appeal) for any injury to person or damage to or loss of property arising out of the
use of the Buildings for the Training.
NOW, THEREFORE, the parties hereto agree as follows:
1. Indemnification. To the fullest extent permitted by law, Indemnitor hereby agrees to
indemnify, defend and save harmless the Indemnified Parties of and from any and all fines,
suits, damages, claims, demands, losses and actions (including attorneys' fees and costs
and any attorneys' fees and costs in any bankruptcy action and on appeal) for any injury
to persons or damage to or loss of property, arising out of the use of the Building by the
Indemnitor and/or its licensees, and/or its invitees, and/or its permittees, and/or its agents,
and/or its contractors, and/or its officers, and/or its employees, and/or its shareholders.
It is expressly understood and agreed to between the parties that the Indemnified Parties
shall not be liable or responsible for any loss or damage to any property or the death or
injury to any person arising out of Indemnitor's use described herein.
To the fullest extent permitted by law, nothing within this Agreement shall alter or waive
the provisions of Section 768.28, Fla. Stat. or the limits of liability contained therein.
2. Insurance. Indemnitor shall prior to using any of the Building for the Training, at its sole
costs and expense, obtain and keep in full force and effect at all times thereafter, the
following insurance coverages with respect to its activity:
a. Insurance against loss or liability in connection with bodily injury, death, or
property damage or destruction, occurring as the result of the Training. Such policy
shall specifically include the above -referenced Training activity. The total
insurance coverage shall be in an initial amount, combined single limit, of not less
than Two Million Dollars ($2,000,000.00), which coverage may be effected with
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umbrella coverage. Such policy must be in a form acceptable to Collier County and
shall include the broad form comprehensive general liability endorsement or
equivalent and, in addition, shall provide at least the following extensions or
endorsements:
i. coverage for explosion, collapse, and underground damage hazards;
ii. personal injury coverage to include liability assumed under any contracts;
and
iii. an endorsement specifically including Collier County, its managers,
shareholders, officers, directors, employees, representatives, agents
affiliates, subsidiaries and parent companies and their respective members,
managers, officers, shareholders, directors, employees, representatives and
agents, as an additional insured.
b. Workers' Compensation and Occupational Disease Coverage in accordance with
the laws of the State of Florida, as follows:
(i) Workers' Compensation - Statutory Amount of Coverage with
waiver of subrogation in favor of the additional insureds.
(ii) Employers' Liability:
1. Bodily Injury by Accident: $1,000,000 each accident
2. Bodily Injury by Disease: $1,000,000 each employee
(iii) When Using Leased Employees: Presentment of a certificate of
insurance evidencing worker's compensation insurance for a
subcontractor's employees is covered through the leasing company.
A second certificate of insurance evidencing subcontractor has a
separate worker's compensation policy for any employee not
covered by the leasing company's insurance. The policies must be
through the same insurance company and must have different policy
numbers. A declaration page for the subcontractor's own policy is
required.
c. Automobile Liability and Property Damage shall be maintained in combined single
limits of $1,000,000 per occurrence for Bodily Injury and Property Damage.
Comprehensive and Collision coverage shall be maintained on all vehicles on the
property.
Such insurance policies must be written with an insurance company reasonably satisfactory
to Indemnified Parties and having a policy rating of at least "A" and a financial size
category of at least "Class V" as rated in the most recent edition of "Best's Key Rating
Guides" for insurance companies, and authorized to engage in the business of insurance in
the State of Florida. Such insurances shall provide that policies may not be terminated or
modified in any way which would materially decrease the protection afforded Indemnified
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Parties under this Agreement without thirty (30) days' advance written notice to Collier
County.
Indemnitor shall furnish to Collier County, not less than fifteen (15) days prior to using the
Building, true and correct photocopies of all insurance policies under this Section together
with any amendments and endorsements to such policies, certificates of insurance and all
other evidence of coverage as Collier County, may reasonable request, and evidence of
payment of all premiums and other expenses owed in connection therewith.
3. Amendments. This Agreement contains the entire agreement between the parties hereto
and may not be altered, changed or amended, except by written instrument signed by all
of the parties hereto. The terms, provisions, covenants and conditions contained in this
Agreement shall apply, inure to the benefit of, and be binding upon the parties hereto, and
upon their respective successors in interest, legal representatives and assigns.
4. Notices. Any notice or document required or permitted to be delivered hereunder shall be
deemed to be delivered or given when (a) actually received, or (b) signed for or "refused"
as indicated on the postal service return receipt. Delivery may be by personal delivery,
nationally recognized overnight courier or by the United States mail, postage prepaid,
certified or registered mail, addressed to the parties at their respective addresses set out
opposite their names below, or at such other address as may hereafter be specified by
written notice delivered in accordance herewith:
If to: Indemnified Parties:
Collier County, a political subdivision of the State of Florida
c/o Office of the County Attorney
3299 Tamiami Trail East, Suite 800
Naples, FL 34112
If to: Indemnitor:
Attention:
5. Severability. If any clause or provision of this Agreement is illegal, invalid or
unenforceable under present or future laws effective during the term of this Agreement,
then and in that event, it is the intention of the parties hereto that the remainder of this
Agreement shall not be affected thereby.
6. Counterparts. This Agreement may be executed in one or more counterparts each of
which shall be deemed an original but taken together shall constitute one and the same
instrument.
7. Term. This Agreement shall be valid for six months from the date of execution. The
Building is scheduled for training activities between and
kuko ,
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All training activities must take place within this term. This date may be changed with the
mutual agreement of both parties in writing.
8. Termination. This Agreement may be terminated for any reason by either party with
thirty days written notice.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
above written.
AS TO INDEMNITOR: NAME OF INDEMNITOR
117:1"9113
Witnesses:
Print Name:
Print Name:
AS TO COLLIER COUNTY:
roved as to form and legality:
(t lleen M. Greene
Assistant County Attorney
am
(Name & Title)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
County Manager or Designee
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