INDEMNIFICATION AND HOLD HARMLESS AGREEMENT FOR USE OF CITY OF PINELLAS PARK FIRE TRAINING FACILITYINDEMNIFICATION AND HOLD HARMLESS AGREEMENT
FOR USE OF CITY OF PINELLAS PARK FIRE TRAINING FACILITY
THIS INDEMNIFICATION AND HOLD HARMLESS AND AGREEMENT
("Agreement")is made and entered into on the rdday of JtLIy 2026, by and
between the CITY OF PINELLAS PARK (the "City") andQj.$t1 6f Clearwater (the
"User", which term shall include the User's officers, agents, and employees), collectively referred
to as the "Parties".
WHEREAS, the City owns and operates a Fire Training Facility, which includes a drill
tower with two Class A Fuel bum rooms for live fire training, located at [ 11350 43rd_St
N Clearwater, FL 33762] (the "Facility"); and
WHEREAS, the Facility is available for temporary use to conduct training associated with
structural firefighting and other related activities during such dates and times as is mutually
agreeable to the City and the User; and
WHEREAS, the User desires to use the Facility to conduct periodic firefighter training
for its fire department personnel; and
WHEREAS, the Parties desire to set forth certain terms and conditions for the use of the
Facility and provide indemnification and for certain limitations of liability as provided herein.
NOW, THEREFORE, the Parties agree as follows:
1. RECITALS. The above recitals are true and correct and incorporated herein.
2. FACILITY DESCRIPTION. The Facility is located [0-350 43rd St N_
Clearwater, FL 33762] _ _ !
It is expressly understood and agreed that User shall have access only to the portion of the Facility
as described herein when conducting fire training.
3. TERM/USE OF FACILITY. The Facility, its appurtenances, and fixtures may be
temporarily occupied and used by User to conduct the aforementioned training and other related
activities on the following agreed upon dates and times as described in Exhibit A, which is
attached and incorporated herein.
The use of any City equipment or fixtures located at the Facility is allowed only upon permission
from the City and at the City's sole discretion. City agrees to allow User access to and use of the
fire training tower, burn rooms, and the grounds located at the Facility.
User understands that use of the Facility may be restricted or interrupted at any time to avoid
interference with the City's ability to conduct normal business operations.
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4. CONDITION OF TRAINING SITE. User agrees to maintain the Facility in a clean and
useable condition and will be responsible for all reasonable, necessary, and appropriate clean up
after each use by User. If the premises is not returned to a clean, usable condition (ordinary wear
and tear excepted), as determined in the sole discretion of the City, the City reserves the right to
repair, clean up, and restore the Facility and the full cost of said repair, clean up, and restoration
shall be paid by the User to the City within ten (10) days of receipt of an invoice from the City.
5. INDEMNITY AND HOLD HARMLESS.
a. To the extent permitted by Section 768.28, Florida Statutes or the Federal Tort
Claims Act, 25 USC 2671, et seq, the User does hereby assume all risks and hazards incidental to
use and occupation of the Facility and participation in activities and use of facilities of the City
and does hereby agree to waive, release, and hold harmless the City, officers, employees, and
agents of, from, and against all liability and expense, including reasonable attorneys' fees, in
connection with any and all claims, demands, damages, actions, claims for personal injury,
property damage, equitable relief, or loss of use, arising directly or indirectly out of or in
connection with any negligent or deliberate act or omission of the User, its officers, employees,
agents, or representatives. User's liability hereunder shall include all attorneys' fees and costs
incurred by the City in the enforcement of this indemnification provision. This indemnification
includes claims made by the employees of the User against the City and the User hereby waives
its entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations
contained in this provision shall not be limited by the amount of any insurance required to be
obtained or maintained under this Agreement. This provision shall survive the termination of this
Agreement and User's use of the Facility and the City's equipment.
b. Nothing contained in the foregoing shall be construed to be a waiver of any
immunity or limitation of liability the Parties may be entitled to under the doctrine of sovereign
immunity or Section 768.28, Florida Statutes.
c. User agrees to repair or replace any damage to any real or personal property
of the City caused by the actions or omissions of the User, its officers, officials, employees,
agents, and participants in the training held at the Facility.
6. THIRD PARTIES. User is not permitted to introduce, invite, or allow any third party to
the Facility. In the event User does, in fact, invite a third party or utilizes the services of a third
party for training purposes, User agrees to indemnify and hold harmless the City from any damage
or claims which may result from the acts or omissions of the third party, and said obligation to
indemnify and hold harmless shall be subject to the terms of this Agreement. The City reserves
the right to deny access to any third party in its sole discretion.
7. ASSUMPTION OF THE RISK. Participation in the training and use of the Facility
contemplated by the Agreement may carry certain inherent risks or dangers of which a reasonably
prudent person should be aware. To that extent, the User acknowledges and agrees and hereby
assumes the risks associated with the training activities contemplated herein and the use of said
Facility.
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8. TERMINATION. This Agreement shall remain in full force and effect until
terminated by any party hereto. This Agreement may be terminated immediately, without cause by
a party hereto upon giving written notice thereof to the other party.
9. REGULATION COMPLIANCE. During the performance of the Agreement, User agrees
to abide by all administrative, operational, and safety rules and regulations established by the City,
its agents, or employees, including but not limited to Fire Department SOPs, during the use and
occupation of the Facility by the User. Any breach of any rule or regulation established by the City
shall result in an immediate termination of the use of the Facility and, in the City's sole discretion,
termination of this Agreement.
10. COUNTERPARTS. This Agreement may be executed in any number of counterparts,
each of which when executed and delivered shall constitute a duplicate original, but all
counterparts together shall constitute a single Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by its
authorized representatives or persons authorized to execute this Agreement on the day and year
first above written.
CITY OF PINELLAS PARK, FLORIDA
By: Bart Diebold, City Manager
Approved as to form:
Erica F. Augello, City Attorney
[NAME OF USER/AGENCY]
By:
Title:
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INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
FOR USE OF CITY OF PINELLAS PARK FIRE TRAINING FACILITY
Exhibit "A"
Dates and times of use:
January 1, 2026 — December 31, 2027 _ 0700brs - 2300hrs
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IN WITN1SS WHEREOF, the parties
air day of J way
to train at the City of Pinellas Park's
Clearwater, FL 33762.
Countersigned:
Bruce
Mayor
Approved as to form:
An"'
Melissa Isabel
Senior Assistant City Attorney
hereto have executed this Agreement as of
, 2026, for Clearwater Fire & Rescue
Fire Training Facility located at 11350 43rd St. N,
CITY OF CLEARWATER, FLORIDA
By:
Attest:
Jennifer Poirrier
City Manager
-Cuf Rosemarie Call
City Clerk