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R99-139 RESOLUTION NO. R99-/,~? 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 THE TOWN OF LANTANA 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 3701 N. Congress Avenue, Boynton Beach, Florida; and WHEREAS, the Town of Lantana through its' Police Department, has requested permission of the City to utilize this firing range for the training of its agents and employees; and WHEREAS,. upon recommendation of staff, it has been deemed by the City Commission to be in the best interests of the City to enter into an Agreement between the City of Boynton Beach and the Town of Lantana. 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 [he City of Boynton Beach and the Town of Lantana, which is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ATTEST: Cite'Clerk ,~,,\\\¢t ! i JI!li,,,,/// xxxxx~' ©~ ~TO,~ II ~o/;? ~x'e¢ ' ~ ~nge Agr- ~n~ day of October, 1999. Mayor Pro Tern mm,ssioner Commissioner AGREEMENT THIS AGREEMENT is made and entered into this day of ,199__, by and between the CITY OF BOYNTON BEACH, a Florida Municipality, hereafter referred to as "CITY", and hereafter referred to as "DEPARTMENT". WITNESSETH: WHEREAS, the City is the proprietor of a firing range upon a site situated at 3501 N. Congress Avenue, Boynton Beach, Palm Beach County, Florida; 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 training, it is 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 estab shed by CITY which are attached and incorporated 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 required 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 I 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 Lantana Town Manager 500 Greynolds Circle Lantana, FL 33462 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. ATTEST: Ci¢¢ Clerk Witness CITY O~BOYN~,~/N ~,~AC.. FLORIDA By: /.Jr...~/¢'-. /~ Mayor ~ Approved as to form: City Attorney (Department)~~ By: ~~'~2'