R02-111RESOLUTION NO. R02- I I I
A RESOLUTION O1~ 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 ALCOHOL, TOBACCO
& FIREARMS DEPARTMENT FOR THE USE OF THE
CITY'S FIRING RANGE, AND PROVIDING AN
EFFECTIVE DATE.
Wlt_EREAS, the City is the proprietor of a firing range upon a site situated at 3501
Congress Avenue, Boymon Beach, Florida; and
WHEREAS, the Alcohol, Tobacco & Firearms Department (Department) has
~ermission of the City to utilize this firing range for the training of its agents and
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section l. Each Whereas clause set forth above is true and correct and
[ herein by this reference.
Section 2. The City CommissiOn of the City of Boynton Beach, Florida does
authOrizes the Mayor and City Clerk to execute an Agreement between the City of
Beach and the Alcohol, Tobacco & Firearms Department, which is attached hereto
made a part hereof.
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of July, 2002.
ATTEST:
Clerk
/~~Commissioner
Commissioner
AGREEMENT
THIS AGREEMENT is made and entered into this the 13th day of July,
2002 by and between fhe CITY OF BOYNTON BEACH, a Florida Municipality,
here after referred to as "CITY'~ and ALCOHOL-.~ TO. BACCO~AND FIREARMS
here after referred to as "DEPARTMENT".
WITNESSETH:
WHEREAS. the City isthe 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, iris understood and
agreed between the parties hereto as follows:
1. The term of this Agreement shall be for a one (1) year pedod,
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 incorporated into this Agreement as if fully set forth herein,
identified as Exhibit '%".
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 ae 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 dear-tire classified atthis time (but will be
required when manufactured).
7. The CITY expressly reserves the right to deny use of the range m
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 ~ncurred 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
A.T.F
505 S Fiagler Drive
Suite 402
West Palm Beach~ F1 33401
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 prows~ons 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.
Witnbss~"
By:CITY ~,~. ~AC~ i FLORIDA
rvlayor ~