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R93-166RESOLUTION NO. R93-/~ 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 UNITED STATES SECRET SERVICE PROVIDING FOR THE USE OF THE CITY'S FIRING RANGE; 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 ~ity of Boynton Beach, Florida (CITY) to execute an Agreement etween the City of Boynton Beach and the,United States Secret Service (DEP~R~NT) for the DEP~RTMENT S use of the City s firing range; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE c~T~ OF~OYNT6N BE~CH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an Agreement between the City of Boy~ton Beach and the united States Secret Service for the DEPARTMENT'S use of the City's firing range, said Agreement being attached hereto as Exhibit "A". Section 2. That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this ~ day of October, 1993. CITY OF BOYNTON BEACH, FLORIDA ATTE ST: Ci~ Clerk (Corporate seal) Authsig.doc BBPD.USSS Range. Agr 9/30/93 ~ner THIS AGREEMENT is made and entered into this day of · 199__, by and between the CITY OF BOYNTON 8EACH, a Florida municipality, hereafter referred to as "CITY" and the UNITED STATES SECRET SERVICE, hereafter referred to as "DEPARTMENT". WITNESSETH= WHEREAS, the CITY is the proprietor of a firing range upon a site situated at3?01N. Congress Avenue, Boynton Beach, Palm Beach County, Florida~ and WHEREA~, the DEPARTMENT seeks permission of the CITY to utilize the CITY'S.firing range to conduct training of its agents and employees~ and WHEREAS, the parties desire to provide a statement of their agreement~ 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 shal! be for a one (1) year period, commencing on the ~ate of execution. 2. The DEPARTMENT shall provide supervision during any use of, or training exercise conducted_ ~9on the firing range. 3. The DEPARTMENT shall cause its Public Safet¥.D~partment to conform the conduct of ~t's agents and employees with regard to the use of the Boynton Beach firing range in accordance with the law and the rules and regulations established by the CITY which are a~t~checl~an~ 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(s) and time(s) it seeks permission to use the firing range. §,.~ The C~TY expressly.reserves'the right to deny use of the rang~ ia .the ~.event the intended use of the DEPARTMENT is in conflict with any other use or training. 6. There sh~l be no charge to the DEPARTMENT for use of the however~ th~ DEPARTMENT shall b~i!l flring~ range ~; ~f~i~ties, responsible for ~any~ costs or expenses incurred for targets, ammunition, cleaning supplies and other related training items. 7. If, in the sole discretion of -the CITY the DEPARTMENT fails to reasonably conform to the requirements of this Agreement, this Agreement may be terminated at any time upon written notice. 8. Neither the DEPARTMENT nor its Public Safety Department is 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 ~EPARTMENT City Manager ~JDavid Noznesky, Agent P.O. Box 310 -Suite 800 City of Boynton Beach 505 S. Flagler Dr~ve Boynton Beach, FL 33425 West Palm Beach, FL 33401 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 clal~ for damage~ resulting from acts, omissions or conduc~ of the DEPARTMENT, their employees or agents, occurring while Using said CITY'S ~lrtng range to hold harmless and indemnify the CITY. 12. This-instrument contains the entlre Agreement between the parties. It may no~ 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 Witness Witness BY: Edward Harmening, Mayor APPROVED AS TO FORM: ATTEST: James A. Cherof, City Attorney City Clerk UNITED STATES SECRET SERVICE BY: Witness Witness Range. Agr 9/21/93 SOPJ203, DA~E.**.LSe~__~e.r 27~ 1991_ PURPOSE: The Training lit~os o! tho to es~.ablish~ for all who use of ~he facility. )ra~lng procedure applies to all me~er~ o~e SCO~E: ~s s~anda=d o~e : ~pa~t~en~' ~ R~ · shall be manag~ ~ the ~men~ · . ~e p~s'~o g leme~ such p~EDU~. A ~ ~ke; develop, and Mas~er, who aha. --i -~ saJe- e~f~ve, ~d ich are necessa~ Lg~ ~ - -'- ~ .... C& will opera~o~ .~ ~he ~a ~_:~,~+ s ~ assis~ the ~nge ~he operation, ~es~ and develo~en~ ~ ~ll~ ~o~ in the range. eratLon of tho Range, ~lncluding training and B, The bourse! ~P ...... ~abIiehed and pubIlsh.e~, by the Trainin oraCticetl~e,_m ~a~.~ ~ ~,.~ be ooerated without the. ~-,) · nO t~ae snell vfl~ n~,,~-- ~ f~-6~ ~f a~lns Ins~rucnor th. ng. ,a.t-- · ..... ~n o ra~on, ~he~ange ~as~e=o= r~rea ~ ~en the ~ange lo ~ .... ---- shal~ ~ve autho~i~y ove~ InstructOr la char~ ....... ~8eS of saieW, ~alning, all ersons presen~ mo~ ~..I.~nance. ~y on-dutY P ~e In ~o co~Y w~=n · Ran · and =e~% fail g der~ ~o leave th uctO= shalL~.or - , O~f-duty Instr thor action who fall ~.CO~ly.w~Ln_.~ '~-~St~ctO~ shall notify tn~ e~ec~lon, D, ~e general ~I~S ~0~ ~e opera~lon of ~be pistol Range follows~ use only by the Range Master The range shall be opened_fo=__~_._r who shall be . Flrea.r~. ....... ~. ~=o~r cleanup, ana or a designated lns~ru~v · responsible for all ect~vL~Y LnuL~,,, r ~- securing after uso. 2) The Watch commander shall be advisedwhen the Range is opened and closed. 3) A I be present at tho r&'ng! ~ tho range lo tn. usa, 4) A~I fLrearns brought-LargO tho hngbi~Z ~ hoZst~ o~ encq~ ~L~ the office: Lo on ~e firing %L~ where ~ shall :ecetve dLE~tLon flab the ~nge ~oter or lnst~ctor. to the ~ar, ~;as~ne · uzz~o up. 5) ~o .Lns~ 6)n~,hOh~,~4-,,---,,-_-..,.~Car~½?s ~r u~s&£e~nd!Lng o£ £lreazns Ls str/ctly ' ~ ~ ~ ~ ~a~azees or ~eA~ere~e raring at an~hLng~othe~ than a deS~at~zget Lo ~nd~tLve of attitude ~ega~d~ng f~ea~ and shall ~sult An d~oc~pl~na~ action. All'other on the bench ! down range. (l;a. , extract, eject). malfunctions 8hall be Immediately reported to Rango'NaSter, the weapon shall bo placed ben~ o~ floor if no bench~ with m~zzle and~the Officer shall atop back of£ tho 8) Approved eye andear pro~oc~Lon shall be worn b~ everyone l~slde the Range dUring firing OlMFatlon8. 9) 0nly authorized personnel may enter tho Control Room, except at the ~nvitation of end In the presence of a FlreaLm8 Instructor or the Range ~astoF, 10) Access to the ?raining Office at the facility Is limited to business purposes only and entry to the of£1ce is at the discretion of the instructor who In present. ll) The usa of any tobacco product including chewing tobacco, snuff; dip, e~c. is strictly prohibited within the Firearms Training F~¢lllty. E. Weapons and ~nmunltLon: 1) Fully automatic weapons except those owned b], the Department are prohibited. 2) All rifles except .22 cal., .22 cal. long rifle, and .22 magnum are prohibited. 203.100 PAGE 3 All revolvers 4)~ )lstols are pemitted except the use of magnum loads or 5) Any the range shall, It is in proper prior 6) at the control of