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Reso 2023-3586
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Reso 2023-3586
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Last modified
1/2/2024 10:14:54 AM
Creation date
12/1/2023 10:00:45 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2023-3586
Date (mm/dd/yyyy)
12/08/2023
Description
Approving an Interlocal Agreement with the City of Hialeah for use of its Live-Fire Shoot House Training Facility.
Supplemental fields
Comment
Sent to City of Hialeah for execution. 12/1/23
Expiration Date
12/8/2026
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DocuSign Envelope ID: E7A44AF4-FFF1.11F28-869E-E8335C7E3890 <br />4If, age <br />(collectively "Indemnifying Party"), from and against all claims, suits, or causes of action and <br />orders, judgments or decrees which may be entered thereon, arising during the term of this <br />Agreement, for any personal injury, loss of life, damage to property or any other liability, loss, <br />cost or expense of any kind, including court costs and attorney's fees at all level of proceedings <br />including appellate level, which may arise out of, result from, or relate to the Indemnifying Party's <br />negligent acts or omissions in the exercise of any right or discharge of any obligation provided for <br />in this Agreement. This waiver, release and indemnity shall be construed to the broadest extent <br />permissible under Florida law. This provision for waiver, release, hold harmless, indemnity and <br />defense shall survive this Agreement. Nothing in this Agreement shall be construed by either Party <br />as a waiver of sovereign immunity beyond the limits of partial waiver of sovereign immunity as <br />provided by Florida Statutes Section 768.28, as amended. <br />(ii.). Federal Agencies Only: The Participating/Public Agency is responsible, under the <br />terms of the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b), 2671-2680, or the Military <br />Claims Act (MCA), 10 U.S.C.§ 2733, as applicable, to the City of Hialeah and any third parties <br />for any injury to persons or damage to property proximately caused by the acts or omissions of <br />Participating/Public Agency agents, employees, or personnel acting within the scope of their <br />employment. The City of Hialeah or injured third parties may use the FTCA or MCA to recover <br />losses caused as a result of the training exercises that are not repaired or compensated adequately <br />in the discretion and satisfaction of the City by the Participating/Public Agency using other means. <br />The FTCA provides a means of recovery for damages or injuries caused by military personnel <br />conducting noncombat activities, including training, that are not the result of negligent acts. In no <br />case will the Participating/Public Agency's liability exceed that allowable under applicable law, <br />including the FTCA and MCA. In consideration for the use of the Shoot House, the <br />Participating/Public Agency agrees, within the limits and procedures set forth in the FTCA and <br />
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