File #: 19-640    Version: 1 Name:
Type: Request Status: Passed
File created: 6/6/2019 In control: City Commission
On agenda: 6/18/2019 Final action: 6/18/2019
Title: HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND 13TH FLOOR INVESTMENTS, LLC.
Sponsors: Fire Rescue Department
Attachments: 1. Agenda Cover Report, 2. Legal Review Form 13th Floor, 3. HH Agreement for Fire Training at Office Depot
TO: Mayor and Commissioners
FROM: L. Keith Tomey, Interim Fire Chief
THROUGH: Neal de Jesus, Interim City Manager
DATE: June 18, 2019

Title
HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND 13TH FLOOR INVESTMENTS, LLC.

Body
Recommended Action:
Recommendation
Motion to Approve Hold Harmless Agreement between the City of Delray Beach and 13th Floor Investments.

Body
Background:
This agenda item requests the Commission to approve a hold harmless agreement between the City of Delray Beach and 13th Floor Investments. The Fire Rescue Department plans to conduct fire training at the old Office Depot Complex located on S. Congress Avenue (2200 Old Germantown Road, 2300 S. Congress Avenue, and 2100 S. Congress Avenue). Examples of the activities that will be conducted include:
- Deploying hoselines and flowing water from the hydrant system
- Connecting to the building fire sprinkler system and flowing water from standpipe connections.
- Breaking windows on upper floors
- Breaching interior doors
- Creating openings in interior partition walls
- Breaching exterior walls in limited areas, this will leave a small debris pile inside the structure and any opening created will be covered with plywood to secure the building from intruders.
- Utilizing stairs, roof access and elevator shafts
- Simulating victim rescue and removal from all floors and areas of the building
- Using simulated smoke (Smoke Machines) to create a limited visibility environment similar to actual fire conditions to conduct any of the training above.

In exchange for granting the City permission to conduct fire training activities on its Property, 13th Floor Investments has requested that the City execute a hold harmless agreement. The Agreement would be subject to the financial limitations of Florida Statute 768.28 and would not be deemed a waiver of sovereign immunity.

City Attorney Review:
Approved as to Form and Sufficiency.

Funding Source/Financial Impact:
N/A - hold harmles...

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