R99-158 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 UNITED
STATES DEPARTMENT OF ALCOHOL, TOBACCO
AND FIREARMS 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 United States Department of Alcohol, Tobacco and
Firearms through its' Agent, 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 United States Department of Alcohol,
~'obacco and Firearms.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
rile CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
ncorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida
Joes hereby authorizes the Mayor and City Clerk to execute an Agreement between
the City of Boynton Beach and the United States Department of Alcohol, Tobacco
and Firearms, which is attached hereto as Exhibit "A".
Section 3. That this Resolution shall become effective immediately upon
3assage.
PASSED AND ADOPTED this ~' day of December, 1999.
~ice Mayor/'
Commissioner
ATTEST:
AGREEMENT
THIS AGREEMENT is made and entered into this 2 day of
No,~mb~r ,1994, by and between the CITY OF
BOYNTON BEACH, a Florida Municipality, hereafter referred to as "CITY", and
TT~Cm~ gl-,~f'e,~ ~.~,pmrttnm~t nC Almohnl. Tobacco. and Firearms herea~er
referred to as "DEPARTMENT".
WlTNESSETH:
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' mutSal 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 established 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 wdtten 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
Agreement.
11. Any notice required or permitted to be given under this Agreement
shall be in writing and mailed to:
BOYNTON BEACH DEPARTMENT
City Manager Alcohol, Tobacco and Firearms
P.O. Box 310 505 South Flager Drive #402
Boynton Beach, FL 33425 West Palm Beach, FL. 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 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.
CITY OF/~OYNTQN BETH, FL?RIDA
'~Vitness!
ATTEST:
Witness~
Witness
Approved as tor(orm:
City Attorney
(Department)
By: . ~¢-~,/]