The URL can be used to link to this page

Home My Public Portal About2023-25 Approving a Memorandum of Understanding with Miami-Dade County for the use of the Miami-Dade Public Safety Training InstituteRE S O L U T I O N N O . 2 0 2 3 -2 5 A RE S O L U T I O N O F T H E V I L L A G E C O U N C I L O F T H E V I L L A G E O F KE Y B I S C A Y N E , F L O RI D A , A P P R O V I N G A M E M O RA N D U M O F U N D E R S T A N D I N G W I T H M I A M I D A D E C O U N T Y F O R T H E U S E O F T H E M I A M I-D A D E P U B L I C S A F E T Y T RA I N I N G I N S T I T U T E ; P R O V I D I N G F O R A U T H O R I Z A T I O N ; A N D P R O V I D I N G F O R A N E F F E C T I V E D A T E . W H E RE A S , the Village of Key Biscayne (the "Village") has historically used the Town of Medley's (the "Town") firearm training center for police training activities; and WHEREAS, the Town recently decided to close its training center; and WHEREAS, as a result of the Town's training center closing, Miami-Dade County (the "County") has offered to make the County's public safety training institute available for Village police training activities; and WHEREAS, the Village desires to enter into a Memorandum of Understanding with the County for use of the County's public safety training institute ("MOU"), which MOU is attached hereto as Exhibit "A"; and WHEREAS, the Village finds that this Resolution will promote the health, safety and welfare ofthe Village. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Approval. That the Village Council hereby approves the MOU with the County in substantially the form attached hereto as Exhibit "A," subject to the approval of the Village Attorney as to form, content, and legal sufficiency. Page 1 of2 S e c tio n 3 . A u th o r iz a tio n . That the V ill age M anager is hereby authorized to execute the M O U in substantially the fo rm attached hereto as Exhibit "A ," subject to the approval of the V ill age Attorn ey as to fo rm , content, an d legal suffi ciency. Section 4. adoption. Effective Date. That this Resolution shall take effect immediately upon PA SSED and A D O PTED this 9th day of M ay 2023. JO E I. RA SCO , MAYOR A T TE ST : ~ ',,. ,•. " .. V IL LA G E CLERK APPR~/~AL SUFFICIENC W EISS SERO TA HELFM A N CO LE & BIE RM A N , P.L. V ILLA G E A TTO R N EY Page 2 of 2 E XH I B I T A MEMORANDUM OF UNDERSTANDING BETWEEN MIAMI-DADE COUNTY AND '-------------~ FOR USE OF THE MIAMI-DADE PUBLIC SAFETY TRAINING INSTITUTE This Memorandum of Understanding (MOU) is entered into by and between Miami-Dade County (the County), through the Miami-Dade Police Department (MDPD), and (Participating Entity) for use of the Miami-Dade Public Safety and Training Institute (MDPSTI). WHEREAS, the MDPSTI is located at 9601 N.W. 5gtl, Street, Miami, Florida 33178; and WHEREAS, the MDPSTI has, among other amenities, several firearm ranges, classrooms, defensive tactics rooms, fitness areas, a pool, and is fully staffed with certified law enforcement trainers; and WHEREAS, all of the amenities are contained within the same complex; and WHEREAS, the MDPSTI is the premier law enforcement training facility in the County; and WHEREAS, due to the demand for use of the facility, the MDPD reserves the right to provide services based on availability of the amenities; and WHEREAS, parties must comply with the financial responsibilities and safety requirements set forth in this document, NOW, THEREFORE, BE IT KNOWN that Miami-Dade County, a political subdivision of the State of Florida, and the undersigned Participating Entity, in consideration for mutual promises contained herein, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: SECTION I. PURPOSE This MOU sets forth the protocols under which the Participating Entity will schedule the MDPSTI for use; comply with financial responsibilities; and conduct itself in a manner that protects the safety of all involved individuals. SECTION II. PARTICIPATING ENTITY RE SPONSIBILITIES A. The Participating Entity shall contact the appropriate MOPS TI personnel no less than 48 hours in advance to schedule the use of the MOPS TI facility for no more than 30 days outward. All efforts will be made to accommodate the Participating Entity's request. Accommodations will be made according to prior commitments and available space. For good cause, the advance notice requirement may be waived or modified in the discretion of the MDPSTI Director or designee. B. The Participating Entity will provide 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. C. The Participating Entity and its personnel shall be responsible for policing the firearms range(s) used. D. All MDPSTI areas used by Participating Entity and their personnel will be left in a clean, orderly fashion. If used areas are not clean prior to use, the Participating Entity personnel are responsible for bringing the unsatisfactory conditions to the attention of MDPSTI personnel. E. The Participating Entity should make provisions for food and water if desired. F. The Participating Entity shall abide by all rules and regulations applicable to all areas of the MDPSTI. SECTION III. MDPSTI RESPONSIBILITIES A. The MDPSTI will provide pre-arranged time periods for use of the firearms range(s), classrooms, fitness area, and any other amenity agreed to in advance by the parties. B. MOPS TI shall assign a range duty officer to be present for each day of firearms training. C. MDPSTI will have personnel on site to answer any questions and address any concerns of the Participating Entity and their personnel. SECTI O N IV . CO N FID ENTI ALIT Y A. The Participating Entity and the MDPSTI agree to keep any and all information such as, but not limited to, training inform ation, 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. SECTI O N V. INDEM NIFIC A TI O N A. Liability for Claims by Participating Entity, its Agents, Employees, or Personnel. The County is not liable to the Participating Entity agents, employees, or personnel for damage to the Participating Entity's equipment, or injury or death to Participating Entity personnel or any individual present at the MOPS TI in connection with the Participating Entity, unless negligence on the part of the County causes said damage. In consideration for the use of the County facilities, the Participating Entity agrees, within the limits and procedures set forth under applicable federal and state law, to indemnify and hold harmless the County for any and all costs of defense, professional fees, or judgment amounts relating to any claim for personal injury or property damage brought by the Participating Entity, by Participating Entity agents, employees, or personnel, by any individual present at the MDPSTI in connection with the Participating Entity, or by any third party, when those injuries or damages were caused by the Participating Entity or its agents, employees, or personnel in connection with the Participating Entity's performance under this MOU, or by any individual present at the MDPSTI in connection with the Participating Entity. B. Except as provided for above in Section V.A., each party to this MOU agrees to assume responsibility for the acts, omissions, or conduct of such party's own employees, personnel, or participants while participating herein and pursuant to this MOU, subject to the provisions of Section 768.28, Florida Statutes, where applicable. "Assume Responsibility" shall mean incurring any and all costs associated with any suit, action, or claim for damages arising from the performance of this MOU. C . F ed era l A g en c ies O n ly : T h e P art icip atin g E n tity is resp o n sib le, u n d er th e term s o f th e F ed era l T o rt C la im s A ct (F T C A ), 2 8 U.S .C . 13 4 6 (b ), 2 6 7 1-2 6 8 0 , o r th e M ili tary C la im s A ct (M C A ), 10 U .S .C . § 2 7 3 3 , as ap p li ca b le, to th e C o u n ty an d an y th ird p art ies fo r an y inju ry to p erso n s o r d am a g e to p ro p ert y p ro x im a tely cau sed b y th e acts o r o m issio n s o f P art icip atin g E n tity ag en ts, em p lo y ees, o r p erso n n el actin g w ith in th e sco p e o f th eir em p lo y m en t. T h e C o u n ty o r inju red th ird p art ies m a y u se th e F T C A o r M C A to reco v er lo sses cau sed as a resu lt o f th e tra in in g ex ercise th at are n o t rep a ired o r co m p en sated o r ad eq u ately b y th e P art icip atin g E n tity u sin g oth er m ean s. T h e F T C A p ro v id es a m ea n s o f reco v ery fo r d a m ag es o r injur ies ca u sed b y m ili tar y p erso n n el co n d u ctin g n o n co m b at activ ities, in cl u d in g tra in in g , th at are n o t th e resu lt o f n eg lig en t acts. In n o ca se w ill th e P art icip atin g E n tity 's lia b ility ex ceed th at all o w ab le u n d er ap p lica b le law , in cl u d in g th e F T C A an d M C A . In co n sid era tio n fo r th e u se o f th e C o u n ty fa cili ties, th e P art icip atin g E n tity ag rees, w ith in th e lim its an d p ro ced u res set fo rt h in th e F T C A an d M C A , to in d em n ify an d h o ld h arm less th e C o u n ty fo r an y an d all co sts o f defe n se , p ro fe ssio n al fe es, o r ju d g m en t am o u n ts relatin g to an y cla im fo r p erso n a l inju ry o r p ro p ert y d am ag e b ro u g h t b y th ird p a rtie s w h en th o se inju ries o r d am ag es w ere ca u sed b y th e P art icip atin g E n tity , b y P articip atin g E n tity ag en ts, em p lo y ees, o r p erso n n el, b y an d in d iv id u al p resen t at th e M D P S TI in co n n ectio n w ith th e P art ic ip atin g E n tity o r its ag en ts, em p lo y ees, o r p erso n n el in co n n ectio n w ith th e P art ici p atin g E n tity 's p erfo rm an ce un d er th is M O U , o r b y an y in d iv id u a l p resen t at th e M D P S TI in co n n ectio n w ith th e P art icip atin g E n tity . SECTION VI. COMPLIANCE WITH LAWS Each party shall comply with all applicable statutes, ordinances, rules, orders, regulations, and requirements of the federal, state, and county governments. SECTION VII. EFFECTIVE DATE, TERM, AND MODIFICATION This MOU shall be effective when signed by all parties. If the terms of this MOU cannot be met, either party may cancel in writing with no less than a 24 hour notice. The MDPSTI reserves the right to demand a Participating Entity's personnel leave the premises at any time or deny a Participating Agency's access to the MDPSTI facility at any time for breach of safety requirements. Any individual who fails to immediately comply with any directive to leave the premises may be subject to arrest. Furthermore, the MDPD reserves the right to deny a Participating Entity the use of the MDPSTI facility for abusive cancellation practices or cancellation without proper notice. SE CTIO N VIII . EXE CUTI O N This M OU may be executed in one or more counterparts, and shall become effective when executed by all parties. SE CT IO N IX. USAG E The Parties agree to use the MDPSTI facilities listed below on date(s). Firearms Range(s) __ Classroom(s) __ Fitness Center Survival City __ Swimming Pool __ Other SIG NATUR ES BEG IN O N TH E NEXT PAG E IN WITNESS WHEREOF, the Parties have entered into this MOU and have caused this MOU to be executed by their undersigned officers, duly authorized. MIAMI-DADE COUNTY: Daniella Levine Cava, Mayor Date Alfredo Ramirez III, Director Miami-Dade Police Department Date ATTEST: Harvey Ruvin, County Clerk Miami-Dade County, Florida Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Assistant County Attorney Miami-Dade County, Florida Date PARTICIPATING ENTITY: Name of Authorized Signatory Date Title ATTEST: Name Title Date