R02-103 RESOLUTION NO. R02-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A RANGE AGREEMENT BETWEEN THE CITY
OF BOYNTON BEACH AND HIGHLAND BEACH POLICE
DEPARTMENT FOR THE USE OF THE CITY'S FIRING
RANGE, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS~ the City is the proprietor of a firing range upon a site situated at 3501
N. Congress Avenue, Boynton Beach, Florida; and
WHEREAS, Highland Beach Police Department has requested perm~ssien of the
City 'to utilize tiffs firing range for the training of its agents and employees; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby authorizes the Mayor and City Clerk to execute an Agreement between the City of
Boynton Beach and the Highland Beach Police Department, which is attached hereto and
made a part hereof.
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this o~ day of July, 2002.
ATTEST:
iomr~f~
AGREEMENT
1 o2,- fo3
THISAGREEMENT is made and entered into this 30th day of May,2002
by and between the CITY OF BOYNTON B EACH, a Florida Municipality,
hereafter referred to as "CITY", and HIGHLAND BEACH POLICE DEPARTMENT
here after referred to as "DEPARTMENT".
WlTNESSETH:
WHEREAS, the Cityis the proprietor of a firing range upon a site situated
at 3501 N. Congress Avenue, Boynton Beach, Palm Beach County, I=lodda; and
WHEREAS~ the DEPARTMENT seeks permission of the CITY to utilize
this training apparatus, for the training of its agents and employees;
NOW, THEREFORE, in consideration of the parties' mutual interest and
Objectives in providing professional, competent traimng, iris understood and
agreed between the parties hereto as follows:
1 The term of this Agreement shall be for a one (1) year period,
commencing on the date of execution.
2. The CITY shall provide supervision during any use of, or training
exercise conducted on said range.
3. The DEPARTMENT shall cause its agents and employees to
conform their conduct with regard to the use of the Boynton Beach firing range in
accordance with the law and rules and regulations established by CITY which are
attached and inco[porated into this Agreement as if fully set forth herein,
identified as Exhibit "A".
4. The DEPARTMENT shall provide the CITY written notice of the
date and time it seeks permission to use said firing range.
5. The DEPARTMENT shall reimburse the CITY a usage and cleaning
fee of $85.00 (eighty five dollars) per each eight (8) hours of use of the firing line.
Payment will be required priOr to the use of the range. Make checks payable to:
City of Boynton Beach.
6. The DEPARTMENT shall use only munitions that are classified as
clean-fire ammunition for the caliber that will be in use. The only exception will
be shotgun ammunition that is not clear-fire classified at this time (but will be
requ ired when manufactured).
7. The CITY expressly reserves the right to deny use of the range in
the event the intended use of the DEPARTMENT is in conflict with any other use
or training.
8. There shall be no charge to the DEPARTMENT for use of the range
facilities, however, the DEPARTMENT shall be responsible for any costs or
expenses incurred for targets, ammunition, cleaning supplies and other related
training items.
9. If, in the sole discretion of the CITY the DEPARTMENT fails to
reasonably conform to the requirements of this Agreement, the Agreement may
be terminated at any time upon written notice.
10. The DEPARTMENT is not permitted to include any guest,
independent contractor or any other person under the terms or conditions of this
Agreement.
11. Any notice required or permitted to be given under this Agreement
shall be in writing and mailed to:
BOYNTON BEACH
City Manager
P.O. Box 310
Boynton Beach, FL 33425
DEPARTMENT
Highland Beach
3614 South Ocean Blvd
Highland Beach, FL 33487
12. This Agreement is not assignable.
13. The DEPARTMENT assumes all liability and responsibility for
damage, injury or death arising out of the conduct of it's agents and employees in
accordance with the provisions of Section 768.28, Florida Statutes.
14. This Instrument contains the entire Agreement between the parties.
It may not be changed orally, but only in writing and signed by both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement on
the day and year first above written.
~"'~Witn~(ss
Witness
CITY OF/~O;/~T/~ N/~EACH,,FLORIDA
By: ~,/~- ~.
~ayor
Approved/¢ to ~rm: /
Ci~Uom~y ~
(Departme~
By: