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R94-210RESOLUTION NO. R94-~F/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND COOPER CITY POLICE DEPARTMENT, PROVIDING FOR THE USE OF THE CITY'S "HOGANS ALLEY" FIREARMS SCENARIO TRAINING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida (CITY) to execute AN. Agreement between the City of Boynton Beach and the Cooper City Police Department providing for use of the City's "Hogan's Alley" firearms scenario training utility; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an Agreement between the City of Boynton Beach and the Cooper City Police Department providing for the use of the City's "Hogan's Alley" firearms scenario training utility. Section 2. That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this _~ day of December, 1994. CITY OF BOYNTO~ BEACH, FLORIDA / Mayor ~yor ATTEST: City Clerk (Corporate Seal) Authsig. doc BBPD. HogansA11 ey 1215/94 May~/~Pio ler OM lfMWtn THIS AGREEMENT is made and entered into this ,_ day of t Gri �• _.., 4004, by •ind 1So4tjoon Ow CITY nc onWMTCIN BEACH. ti Flurii t municipality, hereafter raforrod to at "CITY". and _ ("aw & C 'Ty P. a hernnftnr rnfnrrnd to us "DEPARTMENT ". rri i ncoOsThi. WHerkeAS, tip.. Cit ;s the prapriafnr of a firing Tango upon a cito cituatvd at 3701 N. Congress Avenue, Boynton Beach, Palm Beach County, Florida, and on said range operates a variation of "Hogan's Alley", In which real life scenarios are played uut rut thy put Iry *.,4leak;+.y training more realises, 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 (Hogan's Alley) in accordance with the law and rules and regulations established by CITY which are 17/0q/91 �r1i q, 4o" 3'5 n ' p- 7nV \1nV 7/"'" ') 007/004 THIS AGRE _MENT is made and entered into 'this ._ ? of 060.. 692.- ______ , 1994, by and between the CITY OF BOYNTON BEACH, a Florida municipality„ hereafter referred to as "CITY", and _ CCIA - Ct 1 1 1 C), hereafter referred to as "DEPARTMENT". WITNESSETH: WHEREAS, the City is the proprietor of a firing range upon a site situated at 3701 N. Congress Avenue, Boynton Beach, Palm Beach County, Florida, and on said range operates a variation of "Hogan's Alley ", in which real life scenarios are played out for the purpose of making training more realistic; 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 (Hogan's Alley) In accordance with the law and rules and regulations established by CITY which are 12/05/94 13 "407 3'S £1R PTVrT( 72"74 nl" attached and incorporated into this Agreement iv; bully set forth herein, Identified as Exhibit "A ". 4. The DEPARTMENT shalt provide the CITY written notice of the date and time it seeks permission to use "Hogan's Alley ". 5. The CITY expressly reserves the rii3ht to deny use of the range in the event the Intended use of the DEPARTMENT Is in conflict with any other use or training. 6. 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. 7. If, 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. 8. The DEPARTMENT Is not permitted to include any guest, independent contractor or any other person under the terms or conditions of this Agreement. 9. Any notice required or permitted to be given under this Agreement shall be in writing and mailed to: BOYNTON BEACH IDEPARTMENT City Manager R. She ve Da v i 5 P.O. Box 310 Boynton Beach, FL 33425 10. This Agreement is not assignable. 11. 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 1 2/05/04 / '►407 ?^ • u- - ,nvt.. �. ., r ._ ,i, 71004/004 with the provisions of Section 768.28, Florida Stalul:es, and agrees with respect to any suit or claim for damages resulting from acts, omissions o1 conduct of the DEPARTMENT, their employees or agents, °c:ourning while using said CITY's firing range to hold harmless and indemnify the CITY. 12. This 'instrument contains the entire Agreement between the patties. 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. CITY OF BOYNTON BEACH FLORIDA / g -,4,4 4.. -- Edward J. Flarmen g Mayo rtnes l Approv . to orrn;/ Witness / ' . by: ATTEST: Attome Ard Ai. Cit Jerk s i b a - M 4 3� by: 4/ 1 . e ve Davis, Chief of Police ess ,/L (. ) w sas 6A1 • Range.Agr - 11/7/94