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R92-54RESOLUTION NO. R92-~ 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 WITH RIC~RD P. WILLIE, AS SHERIFF OF PALM BEACH COUNTY, STATE OF FLORIDA; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS~ the City Commission of the City of Boynton Beach, Florida, upon t*he recommendation of staff, deems it to be in the bes~ interests of the citizens and residents of the City of Boynton Beach to execute the attached Range Agreement with Richard P. Willie, as Sheriff of Palm Beach County, State of Florida, to provide for the use of the Sheriff's range by the City of Boynton Beach Police Department, for the purpose of training with high-powered special weapons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ~OYNTON BEACH, FLORIDA T.~T: Section 1. The Mayor and City Clerk are hereby directed to execute an Agreement between the City of Boynton Beach and Richard P. Willie, as Sheriff of Palm Beach County, State of Florida~ a copy of said Agreement being attached hereto as Exhibit "A". Section 2. upon passage. PASSED ANDADOPTED this This Resolution shall take effect immediately 7 day of April, 1992. CiTY OF BOYNTON BEACH, FLORIDA ~TTEST: C (C~rPofate Seal B~P'D. R~angeAgr ~ 3/2~/92 THIS AGREEMENT is made and entered day of April RICHARD P, WILLE, as SHERIFF OF FLORIDA, hereafter referred CITY OF BOYNTON BEACH of into this · 19 92 ; by and between PALM BEACH COUNTY, STATE OF to as "Sheriff", and the WITNESSETH WHEREAS, the Sheriff is a constitutional officer the State of Florida whose offices are located at 3228 Gun Club Road, West Palm Beach, Florida; and WHEREAS, the Sheriff is the proprietor of a Criminal Justice Training Center upon a site situated on Sansbury Way between Belvedere Road and Okeechobee Road· greater West Palm Beach, Palm Beach County, Florida; and WHEREAS, THE CITY OF BOYNTON BEACH-POLICE DEPARTMENT ~eeks permission of the Sheri~ to utilize the Sheriff's Criminal Justice. Training Center to conduct criminal justice training of it's agents and employees; and ~ WHEREAS, the parties desire~to provide a statement o~ their agreement: NOW, TNEREFORE, in consideration of the parties' mutual interest and objectives in providing pro~essional, competent criminal justice training, it'-is understood and mgreed between the parties hereto as follows: ONE. The term of this Agreement shall begin on the /~ day of April , 19 q? and expire on the /~ day of April , 19 93. TWO. The CTTV shall exercise Center. provide supervision during any use of, or training conducted upon, the Criminal Justice Training THREE. The CITY OF BOYNTON BEACH POLICE DEPARTMENT shall conform the conduct of it's agents and employees with regard to the use of the Criminal Justice Tralnzng Center in accordance with law and the rules and regulations established by the Sheriff which are attached and incorporated into this Agreement as if fully set forth herein, identified as "EXHIBIT A". FOUR. The CITY OF BOYNTON BEACH POLICE DEPARTMENT s~hall provide the Sheriff ninety (90) days written notice of the date(s)-and time(s) it seeks permission to use the criminal justice training center. -~ FIVE. The Sheriff expresslz reserves the right to deny use of the Criminal Justice Training Center in the ev&nt the intended use of th~ C~ty ~ R~y~to~ Beach Police Department is in conflict with any other use or training. 2 SIX. The CITY OF BOYNTON BEACH POLICE DEPARTMENT shall be responsible for any cost or expenses incurred as a result of it's use of the Criminal Justice Training Center. the SEVEN. If, in the sole discretion of the Sheriff, CITY OF BOYNTON BEACHPOLICE DEPARTMENT fails to reasonably conform to the requirements of this Agreement, this Agreement may be terminated at any time upon written notice. EIGHT. ls not permitted contractor or any other person of this Agreement. The CITY OF BOYNTON BEACH POLICE DEPARTMENT to include any guest, independent under the terms or conditions NINE. Any notice required or permitted to be giv.en under this address of: Agreement shall be mn writing and mailed to Training Bureau Palm Beach County Sheriff's Office 3228 Gun Club Road West Palm Beach, Florida 33406 Or, in the case of the Sheriff, business. to his principal place of TEN. This Agreement is not assignable. 3 -5 ELEVEN. The CITY OF BOYNTON BEACH 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 w/respect to any suit or claim for damages resulting from acts, omissions or conduct of the CITY OF BOYNTON BEACH POLICE DEPARTI~E~eir employees or agents, occurring while using said Sheriff's Office Criminal Justice Training Center, to hold harmless and indemnify the Sheriff. TWELVE. This instrument contains the entire Agreement between parties. It may not be changed orally, but only in writing and signed by both parties. Agreement 19 92 IN WITNESS WHEREOF, on the day the parties have executed this of April , WITNESS WITNESS RICHARD P. WILLE, SHERIFF Palm Beach County, State of Florida, as "Sheriff" RANGE.AGR LBL 2/~/~92 · J / / Ci~ Clerk, City-o'f Boynton meach A~' 0'~D~/0 FQRM:/ 'Ch rlf, 4