HomeMy WebLinkAboutReso 2020-3058 RESOLUTION NO. 2020 - 303ST
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
APPROVING THE A MUTUAL AID AND JOINT DECLARATION
AGREEMENT BETWEEN THE CITY AND THE TOWN OF MEDLEY,
FLORIDA,ATTACHED HERETO IN SUBSTANTIALLY THE SAME FORM
AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is the responsibility of Miami-Dade County municipalities to ensure the
public safety of their citizens by providing adequate levels of police service; and
WHEREAS, the choice of existing and continuing possibility of the occurrence of law
enforcement problems and other natural and man-made conditions which are beyond the control of
the services,personnel,equipment or facilities of the City of Sunny Isles Beach Police Department;
and
WHEREAS, the Florida Mutual Aid Act (Chapter 23, Florida Statutes) grants the City of
Sunny Isles Beach and other participating agencies the authority to enter into mutual aid agreements
in order to ensure that law enforcement agencies will be prepared to adequately address any and all
of these conditions, to protect public peace and safety and to preserve the lives and property of the
public of the City of Sunny Isles Beach and participating Miami-Dade County municipalities;
WHEREAS, it is in the public interest to enter into a Mutual Aid and Joint Declaration
Agreement with the Town of Medley, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH AS FOLLOWS:
Section 1. Approval of Mutual Aid Agreement. The City Commission hereby approves the
Mutual Aid and Joint Declaration Agreement between the City of Sunny Isles Beach and the Town
of Medley, Florida, attached hereto in substantially the same form as Exhibit "A".
Section 2. Authorization of City Manager and City Attorney. The City Manager and City
Attorney are hereby authorized to do all things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution shall take effect imme••: upon adoption.
PASSED AND ADOPTED this 20th day of F; eruary 2► 0.
George . Scholl, Mayor
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Mauricio Betancur,' CMC, City Clerk
R202Q1Police MMlutu LAfid Agmt Medley Page I oft
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Edward A. Dion, City Attorney
Moved by: VIM 6411$0-- SvECAa
Seconded by: Cpmmics.oi.WeD4---Dmf
Vote:
Mayor Scholl f (Yes) (No)
Vice Mayor Svechin I (Yes) (No)
Commissioner Goldman ✓ (Yes) (No)
Commissioner Lama V (Yes) (No)
Commissioner Viscarra (Yes) (No)
R2020-Police Mutual Aid Agmt Medley Page 2 of 2
TOWN OF MEDLEY
TEMPORARY LICENSE AND HOLD HARMLESS AGREEMENT
FOR USE OF THE MEDLEY POLICE FIREARMS TRAINING CENTER
THIS TEMPORARARY LICENSE AND HOLD HARMLESS AGREEMENT (this
"Agreement") is made by and between THE TOWN OF MEDLEY, a Florida municipal
corporation, herein referred to as the LICENSOR, and .StJ(%1 SZ45 Beg, hereinafter
referred to as the LICENSEE, which term shall include, if applicable, the LICENSEE'S
officers, agents, employees or representatives and who address is 1$0 %D COt bf/S ME.
WHEREAS, the LICENSEE desires to use the facilities operated and maintained
by the LICENSOR for the purpose of conducting firearms and other related training for
its officers, agents, employees or representatives, and the LICENSOR has the appropriate
facilities for such, which facilities are known as the MEDLEY POLICE FIREARMS
TRAINING CENTER located at 9700 N.W. 97th Avenue, Medley, Florida 33178
(hereinafter the "Facility" or "Premises").
THEREFORE, the parties agree as follows:
I. GRANT OF TEMPORARY LICENSE. The LICENSOR hereby grants to the
LICENSEE a temporary and revocable license to occupy and use, subject to all terms and
conditions stated or referenced herein, and further subject to any other rules and
regulations for use of the Facility as the LICENSOR may establish from time to time, the
Premises, including available parking areas.
2. TERM/USE OF PREMISES. The Facility, its appurtenances and fixtures,
may be temporarily occupied and used by the LICENSEE to conduct firearms training
and other related activities during such days and dates as are mutually agreeable to the
LICENSOR and LICENSEE. All dates and types of training shall be coordinated in
advance with the LICENSOR who expressly reserves the right to restrict or modify the
use, type, activity, duration or date of any such training as the LICENSOR deems
reasonably necessary and/or appropriate.
3. PAYMENT. For the license granted by this Agreement, the LICENSEE will pay
the LICENSOR the agreed upon rate as set forth in the MEDLEY POLICE FIREARMS
TRAINING CENTER FEE SCHEDULE (the "Range Usage Fee Schedule") attached hereto
and incorporated herein. Appropriate payment pursuant to the Range Usage Fee
Schedule shall be promptly remitted and made payable to the Town of Medley Police
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Department's Office without demand. Failure to remit payment within 30 days of use of
the facility may result in the accrual of interest at the approved statutory rate and may
result in the immediate suspension and/or termination of LICENSEE'S privileges herein.
4. CONDITION OF PREMISES. The LICENSEE acknowledges and agrees that it
is temporarily using and occupy the Premises without any warranties or representations
by LICENSOR as to the condition or suitability of the Premises for the uses intended, and
agrees to maintain the Premises in a clean and usable condition and will be responsible
for all reasonable necessary and/or appropriate clean up and restoration of the Premises
after each use by the LICENSEE. If the Premises are not returned to a clean and usable
condition, as determined in the sole discretion of the LICENSOR, the LICENSOR reserves
the right to restore the Premises and the cost of such shall be paid by the LICENSEE.
5. INDEMNITY/HOLD HARMLESS.
a. If LICENSEE is a municipality, county, state or federal governmental entity,
LICENSEE agrees to the extent permitted by F.S. § 768.28 or the Federal Tort Claims Act,
28 U.S.C. 2671 et seq. (FTCA) to indemnify and hold LICENSOR harmless from any
damages sustained as a result of the LICENSEE's use of the Premises and the negligent
or wrongful act or omission of LICENSEE's officers, agents, employees or representatives
arising out of its use or occupancy of the Premises.
b. If the LICENSEE is a private or non-governmental agency, LICENSEE
agrees, with the respect to its use and occupancy of the Premises to defend LICENSOR,
its agents, servant, employees, officers and directors, against any, all and every demand,
claim, assertion of liability, or action arising or alleged to have arisen out of any act or
omission of LICENSEE, its officers, agents, employees or representatives, and to
indemnify and hold LICENSOR harmless for any damages sustained as a result of
LICENSEE'S use or occupancy of the Premises, including bodily injury and property
damage.
C. The LICENSEE agrees to repair or replace any damage to the Premises and
to any real or personal property of the LICENSOR or third parties caused by the acts or
omissions of the LICENSEE and occurring while the Premises are under the control and
use of LICENSEE, and further agrees to be solely responsible for any award or payment
and expenses (including any right of subrogation) of any workers' compensation claim
by any of the LICENSEE'S officers, employees or appointees that may result from the use
of the Premises or activities thereon.
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6. THIRD PARTY. LICENSEE shall not and is expressly prohibited from
introducing, inviting or allowing any third parties into the Premises or Facility without
the express consent of the LICENSOR. In the event LICENSEE does in fact allow or invite
a third party or utilizes the services of a third party for training purposes, LICENSEE
agrees to indemnify and hold harmless the LICENSOR from any damage or claims which
may result from the acts or omissions of the third party. LICENSOR reserves the right to
deny access to any third party, who, in the opinion of LICENSOR, is not qualified to
provide such training.
7. ASSUMPTION OF THE RISK. Participation in the training and use of the
Facility contemplated by this Agreement may carry certain inherent risks or dangers of
which a reasonably prudent person would be aware. To that extent, LICENSEE
acknowledges, agrees and hereby assumes the risks associated with all training and other
related activities contemplated herein and the use of the Facility. Subject to the provisions
and monetary limitations of Section 768.28(5), Florida Statutes. LICENSEE agrees to
indemnify and hold LICENSOR harmless for any injuries that occur as a result of
LICENSEE's use of the Facility. LICENSEE further acknowledges and agrees that
LICENSOR does not and shall not provide supervision or control of the Premises during
LICENSEE's use of and operations at the Facility, and that LICENSEE shall be solely
responsible for all supervision, control, activities and safety of its officers, agents,
employees or representatives during such use.
8. TERMINATION. This Agreement shall remain in full force and effect until
terminated by any party hereto. This Agreement may be terminated, at will, by a party
hereto giving written notice thereof to the other party. In the event that LICENSEE
terminates this Agreement, LICENSEE shall remain responsible for payment of any
outstanding amounts already due and payable to LICENSOR.
9. REGULATION; COMPLIANCE WITH LAWS; PROHIBITION OF USE OF
REAL PHOTOS OR IMAGES. During the performance of tl-ds Agreement, the
LICENSEE agrees to and shall comply with any and all administrative, operational and
safety rules and regulations established by the LICENSOR, its agents, and/or employees,
and all applicable federal, state and local laws, at all times during the use and operation
of the Premises by the LICENSEE.
The use or application by LICENSEE, or its officers, agents, employees or
representatives, of photographic investigative lineups or mug shots of suspects for
training or other related activities, including target or shooting practice, shall be
specifically and expressly prohibited at the Facility.
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Any breach of any rule or regulation established by the LICENSOR, or applicable
laws, shall result in the immediate termination of LICENSEE's use of the Premises and in
the LICENSOR'S sole discretion, termination of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Temporary License and
Hold Harmless Agreement for use of the Medley Police Firearms Training Center on the
day and year stated below.
LICENSOR:
TOWN OF MEDLEY, a Florida municipal
corporation
By:
Jeanette Said-Jinete, Chief of Police /
Date: 0 Z
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
he foregoing instrument was acknowledged and sworn before me this ? 9 day
CLf 2020 by Jeanette Said-Jinete, as Chief of Police, of the Town of Medley, Florida
a Florida municipal corporation, who is person:I:Zt�
r who has produced
his/her driver's license and who did/did not take an
=No(Uo1jirjj
H CHOW
\ r, Slate of Florida
M GG 1D9056s,•iresJun11,2022 Notary P licState of Florida at Large
liunonal Notary Assn.
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LICENSEE:
Signature
Print Name:`Rosso
Date: 13I2& l 20
STATE OF FLORIDA
COUNTY OF MIAI.{�-D�
The foregoing instrument was acknowledged and sworn before me thisday
of ,2020 by(lrN 01--7 0MUM(I ISS �4eA [insert name of agency], as
'iceinsert title], of [Insert name]
who is personally known to me or who has/firo4uc his/her driver's license and who
did/did not take an oath.
,,.tiV'p�•.,, MAURICIOBETANCUR
NotaryPublic-StateofFlorida
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My Comm. Expires May 31, 2021 Not ry PLl 11C,
BondedthrcucFNationalNotaryAssn.
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State of Florida at Large