HomeMy WebLinkAboutReso 2023-3586RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF
HIALEAH, FLORIDA, FOR USE OF ITS LIVE -FIRE SHOOT HOUSE TRAINING
FACILITY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Hialeah, Florida, ("Hialeah") and the City of Sunny Isles Beach,
Florida (the "City") agree to enter into an interlocal agreement (the "Agreement") pursuant to
section 163.01, Florida Statutes, which allows public agencies to make the most efficient use of
their powers and to cooperate with other public agencies on the basis of mutual advantage;
and
WHEREAS, Hialeah owns, operates, and controls a live -fire shoot house training facility
(the "Shoot House") for the benefit of Hialeah's Police Department, providing tactical know-
how and training; and
WHEREAS, the City wishes to use the Shoot House to train its sworn law enforcement
personnel ("Police Department"), thereby benefiting its own police force and improving its
police services; and
WHEREAS, the City Commission wishes to approve the Agreement with Hialeah for use
of the Shoot House by the City's Police Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Interlocal Agreement. The City Commission hereby approves an
Interlocal Agreement with the City of Hialeah for use of its live -fire shoot house training facility,
attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Interlocal Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED upon this 161h day of Nov�ei� 2023.
Lard Svech`rq,.PGla
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I'_11I1*119
Mauricio�Betancur j CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
A"/�
rain E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
Moved by: Seconded
Vote:
Mayor Svechin
Vice Mayor Joseph
Commissioner Lama
Commissioner Stuyvesant
Commissioner Viscarra
Y (Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
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DocuSign Envelope ID: E7A44AF4-FFF1-4F28-869E-E8335C7E3890
INTERLOCAL AGREEMENT BETWEEN THE CITY OF HIALEAH, FLORIDA AND
AND THE CITY OF SUNNY ISLES BEApC�H..
This Interlocal Agreement ("Agreement") entered into this 0' day of
20 , by and between the City of Hialeah, Florida, a municipal corporation organized and
existing under and by virtue of the laws of the State of Florida, by and through its duly authorized
undersigned official, located at 501 Palm Avenue, Hialeah, Florida 33010, hereinafter referred to
as "the City" and the CITY OF SUNNY ISLES BEACH, a public agency, by and through its duly
authorized undersigned official, hereinafter referred to as "Participating/Public Agency".
RECITALS
WHEREAS, the City of Hialeah, Florida and the CITY OF SUNNY ISLES BEACH
("Participating/Public Agency") agree to enter into an interlocal agreement pursuant to section
163.0 1, Florida Statutes, that allows public agencies to make the most efficient use of their powers
to enable them to cooperate with other public agencies on the basis of mutual advantage;
WHEREAS, Hialeah owns, operates and controls a live -fire shoot house training facility
(referred to as a "Shoot House") for the benefit of Hialeah's Police Department and preparation,
tactical know-how and training of Hialeah's police force, located at 5555 East 8 Avenue, Hialeah,
Florida,
WHEREAS, the Participating/Public Agency wishes to use the Shoot House to train its
swom law enforcement personnel for the benefit of its own police force and improvement of its
police services;
WHEREAS, the specific purpose of this Interlocal Agreement is to provide safe, effective
and mutually beneficial use of the Shoot House by the Parties by identifying the rights and
obligations governing use of the Shoot House by the Participating/Public Agency;
WHEREAS the Parties have the authority to enter into this Interlocal Agreement;
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NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth
in this Agreement, and subject to its terms and conditions, the Parties understand and agree as
follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. Use; Right of Entry. The City authorizes the Participating/Public Agency, and its sworn
law enforcement officers, to enter upon its property and access the Shoot House for the purpose of
live -fire tactical training and any other operational training program for which the Shoot House is
designed and operated. The Participating/Public Agency's active sworn law enforcement
personnel shall access and use the Shoot House only for official purposes in connection with
official duties and in full compliance with the required departmental policies and procedures
governing the conduct of the Participating/Public Agency's law enforcement personnel.
3. Participating/ Public Agency Obligation. The Participating/Public Agency shall:
(i.) Contact the City's Shoot House personnel no less than 48 hours in advance to
schedule the use of the Shoot House on dates and times no more than 30 days in advance.
Reasonable efforts will be made to accommodate the Participating/Public Agency's request
considering prior commitments and availability. For good cause, the advance notice requirement
may be waived at the discretion of the City of Hialeah.
(ii.) Provide all sworn law enforcement officers accessing the Shoot House with the
necessary equipment in order to comply with training and safety requirements (e.g. weapons,
ammunition, backers, clips, targets, safety goggles, ear protection, proper attire, etc.). No person
will be allowed to use the facility without proper safety equipment.
(iii.) Be solely responsible for supervising their own law enforcement officers.
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(iv.) Leave the Shoot House in a clean, orderly fashion. If used areas are not clean prior
to use, the Participating/Public Agency's personnel are responsible for bringing the unsatisfactory
conditions to the attention of City personnel.
(v.) Make provisions for food and water, if desired.
(vi.) Abide by all rules and regulations governing the conduct of the Participating/Public
Agency's employees which are applicable while the Participating/Public Agency is using the
Shoot House. By entering into this Agreement, the Participating/Public Agency acknowledges
receipt of the rules and regulations promulgated by the City of Hialeah. These rules and regulations
are subject to change at the discretion of the City of Hialeah.
4. Term. The term of this agreement is for a term of three (3) years, commencing on
or about the y` day of �`eBX2023 and ending on or about 4 � day of
D &,-2026. This agreement will be in effect during the term indicated above and may be
renewed upon the mutual agreement of the Parties.
5. Insurance Required. Throughout the term of this Agreement, the Parties shall
maintain insurance coverage for all reasonable risks, at a reasonable amount of coverage,
associated with the exercise of the Parties' respective rights and obligations under this Agreement,
including but not limited to general liability, property damage and worker's compensation
coverage. The Parties may meet this obligation through a self-funded insurance program as
permitted by Florida law.
6. Indemnification.
The Parties covenant and agree to waive, release, hold harmless, indemnify and
defend one another, their respective officers, directors, employees, agents, contractors, or attorneys
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(collectively "Indemnifying Party"), from and against all claims, suits, or causes of action and
orders, judgments or decrees which may be entered thereon, arising during the term of this
Agreement, for any personal injury, loss of life, damage to property or any other liability, loss,
cost or expense of any kind, including court costs and attorney's fees at all level of proceedings
including appellate level, which may arise out of, result from, or relate to the Indemnifying Party's
negligent acts or omissions in the exercise of any right or discharge of any obligation provided for
in this Agreement. This waiver, release and indemnity shall be construed to the broadest extent
permissible under Florida law. This provision for waiver, release, hold harmless, indemnity and
defense shall survive this Agreement. Nothing in this Agreement shall be construed by either Party
as a waiver of sovereign immunity beyond the limits of partial waiver of sovereign immunity as
provided by Florida Statutes Section 768.28, as amended.
(ii.). Federal Agencies Only: The Participating/Public Agency is responsible, under the
terms of the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b), 2671-2680, or the Military
Claims Act (MCA), 10 U.S.C.§ 2733, as applicable, to the City of Hialeah and any third parties
for any injury to persons or damage to property proximately caused by the acts or omissions of
Participating/Public Agency agents, employees, or personnel acting within the scope of their
employment. The City of Hialeah or injured third parties may use the FTCA or MCA to recover
losses caused as a result of the training exercises that are not repaired or compensated adequately
in the discretion and satisfaction of the City by the Participating/Public Agency using other means.
The FTCA provides a means of recovery for damages or injuries caused by military personnel
conducting noncombat activities, including training, that are not the result of negligent acts. In no
case will the Participating/Public Agency's liability exceed that allowable under applicable law,
including the FTCA and MCA. In consideration for the use of the Shoot House, the
Participating/Public Agency agrees, within the limits and procedures set forth in the FTCA and
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MCA, to indemnify and hold harmless the City of Hialeah for any and all costs of defense,
professional fees, or judgment amounts relating to any claim for personal injury or property
damage brought by third parties when those injuries or damages were caused by the
Participating/Public Agency, by Participating/Public Agency agents, employees, or personnel, by
and individual present at the Shoot House in connection with the Participating/Public Agency or
its agents, employees, or personnel in connection with the Participating/Public Agency's
performance under this Agreement, or by any individual present at the Shoot House in connection
with the Participating/Public Agency.
8. Notice. All notices or other communications which shall or may be given pursuant
to this Agreement shall be in writing and shall be delivered by personal service, or by U.S. certified
mail addressed to the other Party at the address indicated below or as the same may be changed
from time to time. Such notice shall be deemed given on the day on which personally served; or
if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier.
CITY OF HIALEAH
Esteban Bovo, Jr.
Mayor
City of Hialeah
501 Palm Avenue — 4th Floor
Hialeah, Florida 33010
With a copy to:
George Fuente, Chief of Police
5555 East 8 Avenue
Hialeah, FL 33013
9. Miscellaneous Provisions.
PARTICIPATING/PUBLIC AGENCY
CITY OF SUNNY ISLES BEACH
Agency Name
18070 Collins Avenue
Agency Address
Sunny Isles Beach, FL 33160_
City, State, Zipcode
(i) The duties and obligations undertaken by the parties herein pursuant to this
agreement shall not be delegated or assigned to any person or firm, unless both parties shall first
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consent in writing to the performance or assignment of such service or any part thereof by another
person or firm.
(ii) This agreement shall be construed and enforced according to the laws of the State
of Florida. Venue for any litigation, which may arise in connection with this Agreement, shall be
in Miami -Dade County, Florida. The parties agree to be subject to the jurisdiction (subject matter
and in personam) of the courts in Miami -Dade County, Florida and amenable to process.
(iii) Each party retains the right to terminate this agreement without cause, at any time,
upon giving thirty (30) days written notice of the termination.
(iv) The Participating/Public Agency and the City agree to keep any and all information
such as, but not limited to, training information, tactics, tactical intelligence, law enforcement
officer information, and schematics or any other information that may compromise the security of
the facility and/or the safety of the employees, confidential pursuant to Florida Law.
(v) This agreement and its attachments and exhibits, if any, constitute the sole and only
agreement of the parties and accurately set forth the rights, duties, and obligations of each to the
other.
(vi) No amendments to this agreement shall be binding on either party unless in writing
and signed by both parties.
(vii) Captions, title and paragraph headings are for convenient reference and are not a
part of this agreement. Such captions, title or paragraph headings shall not be deemed in any
manner to modify, explain, enlarge or restrict any of the provisions contained in this agreement.
(viii) No waiver or breach of any provision of this agreement shall constitute a waiver of
any subsequent breach of the same or any other provision hereof, and no waiver shall be effective
unless made in writing.
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(ix) Should any provisions, paragraph, sentence, word or phrase contained in this
agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida, such provisions, paragraphs, sentences, words
or phrases shall be deemed modified to the extent necessary in order to conform with such laws,
or if not modifiable to conform with such laws, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this agreement shall remain unmodified and in full
force and effect.
(x) Each party represents that this agreement has been duly authorized, executed and
delivered by the governing body of their respective agency and that each agency has the required
power and authority to perform this agreement.
(xi) All parties hereto upon the request of any other party shall execute such further
instruments or documents as may be reasonably required by the requesting party to implement the
terms, conditions and provisions of this agreement.
(xii) This Agreement shall be effective when signed by all parties. The City reserves the
right to demand a Participating/Public Agency's personnel leave the premises at any time or deny
a Participating/Public Agency's access to the Shoot House facility at any time for breach of the
rules and regulations. Any individual who fails to immediately comply with any directive to leave
the premises may be subject to arrest. Furthermore, the City reserves the right to deny a
Participating/Public Agency the use of the Shoot House facility for abusive cancellation practices
or cancellation without proper notice.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by
the respective officials thereunto duly authorized, this the day and year first above written.
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CITY OF HIALEAH, FLORIDA
Authorized signature on behalf of
City of Hialeah
FxuZ yo�ol / 12/8/2023
Mayor ste an Bovo, Jr. Date
Attest:
1W�23
Marbel s Fatjo
City Clerk
(SEAL)
Approved as to legal sufficiency and form:
Participating/Public Agency:
CITY OF SUNNY ISLES BEACH
Agency Name
Authorize 'gnatu on behalf of
Particip ing/Publ' Agency
Date
Print Name:1�4�
Approved as to legal sufficiency and form:
ttorney for Participating Date
Public Agency'
rDocu8lpned by:
�Ot�U,�. -e, 12/5/2023
a ae uarei=Rivas, Interim City Attorney Date
yF kt Fi.O�I ;0
TO:
VIA:
FROM:
DATE:
RE:
RECOMMENDATION:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
Honorable Mayor and City Commissioners
Stan Morris, City Manager
Edward Santiago, Chief of Police
November 16, 2023
Interlocal with the City of Hialeah for use of the Police Department Shoot
House Facility.
Staff recommends approval of this Resolution.
REASONS:
The City of Sunny Isles Beach would like to enter into an Interlocal Agreement with the City of Hialeal
for use of the Police Department's Shoot House Facility. The goal of our Police Department is to trair
every officer in active shooter response. Our training team would like to utilize the Hialeah Shoot
House Facility to train our newest hires in an environment that would allow tactics to be emphasized
for an active shooter response. The Hialeah Shoot House Facility is designed for that purpose anc
allow for extensive training on room clearing and close quarters conflicts.
The term of this agreement is three (3) years.
ATTACHMENTS:
Resolution
Interlocal Agreement
Item Number: 10.1