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R95-012RESOLUTION NO. R95-/~ 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 THE DRUG ENFORCEMENT ADMINISTRATION (D.E.A.) FOR THE USE OF THE CITY'S FIRING RA~NGE; 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; and WHEREAS, the Drug Enforcement Administration (D.E.A.) has requested permission of the City to utilize this training apparatus for the training of its agents and employees; and WHEREAS, upon recommendation of staff, it has been determined by the City Commission that it would be in the best interests of the citizens and residents of the City of Boynton Beach, FlOrida to enter into an Agreement with the D.E.A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT= ~ The Mayor and City Clerk are hereby authorized to execute an Agreement between the City of Boynton Beach and the Drug Enforcement Administration (D.E.A.), a copy of said Agreement being attached hereto as Exhibit "A" ~_~ That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this ~ day of February, 1995. CITY OF B~70N BEA~CH, FLORIDA Mayor r~/ ice Mayor Mayo ~o ~~ ATTEST: Ci~ Clerk - (Corporate Seal) Authsig.dou De~.Agr 2/2/95 THIS AGREEMENT is made and entered into this 18tt~day of Januav3r~ ,199 5., by and between~the CITY OF BOYNTON BEACH, a Florida municipality, hereafter referred to as "CITY", and Drug Enforcement Administration (D.E.A.) , hereafter referred to as "DEPARTMENT". WlTNESSETH: 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 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 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 written notice of the date and upon RESOLUTION NO. R9S-/~ a RESOLUTION~OF.'THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THE MAYOR AND CITY AN AGREEMENT III. CONS~N~ AGEND~ C.3 cc: Police~ FOR THE'USE ANDPROVID] WHEREAS, the City is the proprietor of a firing range a site situated at 3701 N. Congress Avenue, Boynton Beach; and Wf~,%S, the Drug Enforcement Administration (D.E.A.) has requested permission of the City to utilize this training apparatus for the training of its agents and employees; and W~E~, upon recommendation of staff, it. h~s been determined by the City Commission that itwould be in the best interests of the citizens and residents of the City of Boynton Beach, ~Florida to enter into an Agreement with the D.E.A. NOW, TI'I~REFORE, BE IT RESOLVED BY THE CZTY CO~ZSSZON OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT~ ~ The Mayor and City Clerk are hereby authorized to execute an Agreement between the City of Boynton Beach and the Drug Enforcement Administration (D.E.A.), a copy of said Agreement being attached hereto as Exhibit "A". ~ That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of February, 1995. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Co~,~f, issioner ATTEST: Commissioner City clerk (Corporate Seal) Authsig.c~: 2/2/95 time it seeks permission to use said firing range. 5. 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. 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 falls 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: 10. 11. BOYNTON BEACH City Manager P.O. Box 310 Boynton Beach, FL 33425 This Agreement is not assignable. DEPARTMENT Drug Enforcement Administration (D.E Agent Ronald Aldridge The DEPARTMENT assumes ali 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, and agrees with respect to any suit or claim for damages resulting from acts, omissions or conduct of the DEPARTMENT, their employees or agents, occurring while using said CITY's firing A.) range to hold harmless and indemnify the CITY. 12. 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 wdtten. Witness WRness ATTEST: CITY OF BOYNTON BEACH, FLORIDA by: Edward J. Harmening, Mayor Approved as to form: by: City Attorney City Clerk Witness ~ ~.~ DEPARTMENT W~ness Range. Agr 11/7/94 AGREEMENT THIS AGREEMENT is made and entered into this isthday of January , 199 5 , by and between the CITY OF BOYNTON BEACH, a Florida municipality, hereafter referred to as "CITY ", and Drug Enforcement Administration (D.E.A.) , 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 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, V 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 written notice of the date and time it seeks permission to use said firing range. 5. 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. 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 V 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 DEPARTMENT City Manager Drug Enforcement Administration (D.E.A.) P.O. Box 310 Agent Ronald Aldridge 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 with the provisions of Section 768.28, Florida Statutes, and agrees with respect to any suit or claim for damages resulting from acts, omissions or conduct of the DEPARTMENT, their employees or agents, occurring while using said CITY's firing range to hold harmless and indemnify the CITY. 12. 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 BOYNTON BEACH, FLORIDA by/� — Edwardd. Harmening, Ma" a r Witne -s e o / t • Aa Approved as to fowl:, tt ness by ///-/ el ATTEST: e / rj City Attorne C �'� Cit Clerk DEPARTMENT by: ►•. 1 - q - /∎)lI 1-2''1C Witness ►Z• Witness Range.Agr 11/7/94