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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 @BCL@B409E5BE.doc Page 1 of 2 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) @BCL@B409E5BE.doc Page 2 of 2 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; DocuSign Envelope ID: E7A44AF4-FFF1-4F26-869E-E6335C7E3690 21Vage 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. DocuSign Envelope ID: E7A44AF4-FFF1-4F28-869E-E8335C7E3890 311'a2e (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 DocuSign Envelope ID: E7A44AF4-FFF1.11F28-869E-E8335C7E3890 4If, age (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 DocuSign Envelope ID: E7A44AF4-FFF1-4F28-869E-E8335C7E3890 51Pa;e 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 DoauSign Envelope ID: E7A44AF4-FFF1-4F28-869E-E8335C7E3890 61Pauz 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. DocuSign Envelope ID: E7A44AF4-FFF1-4F2"69E-E8335C7E3890 7111agt (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. DocuSign Envelope ID: E7A44AF4-FFF1-4F28-869E-E8335C7E3890 81Pi 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