HomeMy Public PortalAboutFortifi Financial, Inc.pdfINDEMNIFICATION AGREEMENT BETWEEN
THE VILLAGE OF KEY BISCAYNE, FLORIDA AND
FORTIFI FINANCIAL, INC.
THIRD PARTY ADMINISTRATOR FOR
THE FLORIDA PACE FUNDING AGENCY
THIS INDEMNIFICATION AGREEMENT (the "Agreement") is entered into this 17th
day of August, 2020 by and between the VILLAGE OF KEY BISCAYNE, a Florida municipal
corporation (the "City"), and FORTIFI FINANCIAL, INC. (the "Administrator"), the
Administrator of the Florida PACE Funding Agency ("Agency"), collectively, the "Parties."
WHEREAS, the City and the Agency have proposed to enter into an agreement to authorize
the Agency to operate within the boundaries of the City for the purposes of providing a Property
Assessed Clean Energy (PACE) program; and
WHEREAS, Administrator is the third party Administrator for the Agency, and
ADMINISTRATOR would be operating on behalf of the Agency within the City; and
WHEREAS, Administrator is a Delaware company authorized to transact business in
Florida; and
WHEREAS, Administrator has agreed to provide the City with a separate indemnification
agreement for the benefit of the City.
NOW, THEREFORE, the City and Administrator hereby enter into the following
Agreement:
1. The foregoing recitals are incorporated into this Agreement and approved.
2. Administrator shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees
and costs of defense, which the City or its officers, employees, agents or instrumentalities may
incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature
arising out of, relating to or resulting from the performance of this Agreement by Administrator
or its employees, agents, servants, partners, principals, Administrators, or subcontractors.
Administrator shall pay all claims and tosses in connection therewith and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may
issue thereon. Administrator expressly understands and agrees that any insurance protection shall
in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its
officers, employees, agents and instrumentalities as herein provided.
3. This Agreement shall be interpreted and construed in accordance with and governed by the
laws of the state of Florida. The Parties agree that the exclusive venue for any lawsuit arising from,
related to, or in connection with this Agreement shall be in the state courts of the Eleventh Judicial
Circuit in and for Miami -Dade County, Florida, the United States District Court for the Southern
District of Florida or United States Bankruptcy Court for the Southem District of Florida, as
appropriate.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written
above.
ATTEST:
CITY CLERK
By:
Jocelyn B. Koch
Approved as to form and legality:
VILLAGE OF KE
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By:
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney
ATTEST:
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, FLORIDA
By
C. Williamson, Village Manager
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FORTIFI FINANCIAL, INC.
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Todd Wilson, COO
Approved as to form and legality:
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By:
Chris Peterson, VP Government Affairs
Christopher Nard, CEO
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ID SECURED
Certificate Of Completion
Envelope Id: 6511992D53364EC2BEFB9E910AD808A0
Subject: [please sign] Key Biscayne, FL Indemnification Agreem
Source Envelope:
Document Pages: 2
Certificate Pages: 2
AutoNav: Enabled
Envelopeld Stamping: Disabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Signatures: 3
Initials: 0
Status: Completed
Envelope Originator:
Miguel Saucedo
11111 Santa Monica Blvd.
Suite 950
Los Angeles, CA 90025
msaucedo@fortifi.com
IP Address: 68.7.98.85
Record Tracking
Status: Original
8/17/2020 12:36:04 PM
Signer Events
Chris Nard
cnard@fortifi.com
Security Level: Email. Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Chris Peterson
chris@fortifi.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Wilson
twilson@fortifi.com
Security Level: Email. Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Holder: Miguel Saucedo
msaucedo@fortifi.com
Signature
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Signature Adoption: Pre -selected Style
Using IP Address: 192.161.70.82
[DocuSigned by:
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37AME292050499
Signature Adoption: Pre -selected Style
Using IP Address: 66.10.101.54
pDocuSpned by:
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Signature Adoption: Pre -selected Style
Using IP Address: 76.79.74.44
Location: DocuSign
Timestamp
Sent: 8/17/2020 12:38:43 PM
Viewed: 8/17/2020 12:48:09 PM
Signed: 8/17/2020 12:48:18 PM
Sent: 8/17/2020 12:38:42 PM
Viewed: 8/17/2020 12:44:57 PM
Signed: 8/17/2020 12:45:05 PM
Sent: 8/17/2020 12:38:43 PM
Viewed: 8/17/2020 12:48:43 PM
Signed: 8/17/2020 12:48:50 PM
In Person Signer Events
Signature
Timestamp
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Status
Timestamp
Agent Delivery Events
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Intermediary Delivery Events
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Certified Delivery Events
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Carbon Copy Events Status Timestamp
Witness Events
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Notary Events
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Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/17/2020 12.38.43 PM
Certified Delivered Security Checked 8/17/2020 12:48:43 PM
Signing Complete Security Checked 8/17/2020 12:48:50 PM
Completed Security Checked 8/17/2020 12:48:50 PM
Payment Events Status Timestamps