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R91-142RESOLUTION NO. R91-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND RICHARD P. WILLE, AS SHERIFF OF PALM BEACH COUNTY, STATE OF FLORIDA, FOR UTILIZATION OF THE SHERIFF'S CRIMINAL JUSTICE TRAINING CENTER TO CONDUCT CRIMINAL JUSTICE TRAINING OF iTS AGENTS AND EMPLOYEES; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Police Department is lesirous of utilizing the Sheriff's Criminal Justice ?raining Center to conduct criminal justice training of its [gents and employees; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION F THE CITYOFBOYNTON BEACH, FLORIDA THAT: Section 1. The Mayor and City Clerk are hereby Luthorized and directed to execute a certain Agreement )etween the City of Boynton Beach, Florida and Richard P. ~ille, as Sheriff of Palm Beach County, State of Florida, !or the purpose of utilizing the Sheriff's Criminal Justice ?raining Center, a copy of said Agreement being attached ~ereto as Exhibit "A". Section 2. This Resolution shall take effect .mmediately upon passage. PASSED AND ADOPTED this ~ day of September, 1991. CITY OF BOYNTON BEACH, FLORIDA ~TTEST: Clerk' I iCgr~e~a~e Sea PDRANGEiAGR 8/27/91 ~o~sioner c~'~f A G R E,E'M E N T THIS AGREE~}[ENT is made and entered into this ~ day of Septembe= . _ , 19. 91' ~ by and b-etw~en RICIIARD P. WILLE, as SHERIFF OF PALM BEACH COUNTY, STATE OF FLORIDa, hereinafter referred to ms "Sheriff," and the CI%~f OF BOYNTON BEACH WITNESSETH WIIEREAS, tile Sheriff is a constitutional officer of 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 crzmimal justice trazning center upon a szte situated on Sansbury's Way between Belvedere Road and Okeech~bee Road, greater West Palm- Beach, Palm Beg~ CoUnty, Florida; WtlEREAS, THE CITY OF BOYN~ON BEACH seeks permission of the Sheriff to utilize the Sheriff's' criminal justice training cen~er to conduct criminal justice training ef its agen.ts and employees;, and WHEREAS, statement of their NOW, TtIEREFORE, in mutual interest and professional, competent .the ~art'ies desire agreement; cons.ider at ion objectives to provide a crimzna 1 of the parties in providing justice trmining~ it is unde~r~stood and agreed between the parties hereto as follows: ONE, The term of this Agreement shall begin the .~ St.day of Januaz-f , 1~ 92 and expire the ~1 . day of December , 19 92 . 0 n TWO. The CITY OF BOYNTON BEACH shall provide supervision during any use of, or training exercise conducted center. TIiREE. The upon, the criminal justice training CITY OF BOYNTON BEACH shall conform the conduct of Tits agents and employees with regard to tile use of the criminal justice training center in accordance with law and the rules and regulations established by tile Sheriff which are attached and incorporated into this Agreement as if fully se~ forth herein,~ identified as "EXItlBIT A," FOUR. The CITY OF BOYNTON BEACH shall provide the Sheriff ninety (90) ~days ~ritt~n notice of the date(s) and time~s) it seeks ?erm~ss~o~ t~ use the criminal justice training center. FIVE. The Sheriff expressly reserves ~be ri to deny use of ti~e criminal just ~ce ~raz,n'~n~- c,-nt~,r shal 1 be rest~onozb i,2 for any cost or expenses incurred as a result of ~ts use of abe criminal justice training SE~ E~,. Sheriff, tile if, in the sq le discretion of the CITY OF BOYN.T.ON BEACH fails to reasonably conform to the requirements of this Agreement, this Agreement may be termanated at any time upon written notice. 2 EIGIIT.. Tile . CITY OF BOYNTON BEACH is not permitted ~o include any guest, independent contractor or au)' other per,on under the terms or conditions of chis Agreement. NINE. Any notice required or permitted to be given under this Agreement. shall be in writing and ma. iled to the address of: Or in the case of the gheriff, to his principal p lace of business . TEN. Tbis Agreement is not assignable-. ELEVEI~. The CITY OF BOYNTON BE~CH assulaes all liability and responsibility for damage, injury or death arising out of the conduct of its agents -and employees in accordance with the provisions of '\.Section 768.28, Florida Statutes. TWELVE. This instrument contains the entire Agreement between parties. It may not be. chmnged orally, b'ut only in writ'ing, and signed by both parties. IN ~ITNESS WIIERE'bE, ~he'parties have executed this Agreement on tile -~ day of September 19 91 WITNESS of Florida, as "Sheriff~' WITNESS ~ , - · THE CI~Y.~ OF BOYNT~BEAC~ ~7 .. ~ ~ r WITNESS ~ ';'; 0~:: ATTE ST: ' ~ m. City m orn y (Corporate Seal) PALM BEACII COUNTY SIIERIFF'S OFFICE I{ULES AND REGULATIONS OF TtIE SItERIFF'S CRIMINAL JUSTICE TRAINING CENTER SITE EVERY PERSON COMING UPON THE SHERIFF'S CRIMINAL JUSTICE TRAINING CENTER SITE SHALL CONFORM HIS, ItER, OR THEIR CONDUCT TO THE FOLLY)WING RULES AND REGULATIONS: Each and every firearm carried on the person shall be unloaded ax the rime the person passes through [he entrance gate. Ail other firearms shall be rendered safe and secured in a locked vehicle. 2. Firearms carried on the person shal 1 remain holstered or encased at all times other than when on the firing line. Firearms shall remain unloaded until instructed to load by the Instructor or Rangemaster. Firearms shall be pointed down-range at all times during any training exercise. 5. Firearms shall not be test-fired, loaded or unloaded, unless pursuant to the order of the Instructor or Rangemaster. Firearms shall be visually inspected for any obstructions prior to loading. 7. A firearm shall only be loaded upon the command of the Instructor or Rangemaster. A loaded firearm shal 1 be rehols~ered in~nediately upon loading. 9. A loaded firearm shall onl~ be unholstered, or held in such a position in preparation for firing, upon the instruction or order of the Instruetor or Rangemaster. 10. No talking is permitted on or near the firing line except by the Instructor or Rangemaster. 11. Ail persons not on the firing line shall remain behind the firing line at a distance and position directed by the Instructor or Rangemaster. 12. Every person coming upon the training center site shal 1 conform their conduct in a standard of utmost care safety and reason. Irresponsible or negligent acts shall result in ejection from the site, i.e., "horseplay" is absolutely forbidden. 13. In the event of a firearm malfunction or misfire, the ~irearm shall be pointed down-range. Notify Instructor or Rangemaster immediately. Do not attempt to unload or remedy the malfuncation until directed to do so by t'he Instructor or Rangemaster. 14. Orders of the Instructor or Rangemaster are to be obeyed without question. EXHIBIT A PAGE ONE OF TWO PAGES 15. 16. 17. 19. 20. 21. 22. When leaving the firing line each firearm must be unloaded, slide or magazine out, chamber(s) cleared, and cylinders open. A1 [ expended ~artridges shall be collected and placed in the designated container. Any scoring of targets or exercises shall be by the direction of the instructor or Rangemaster. Any decisions by the Instructor or Rangemaster concerning scoring, or, success or failure on a course, shall be binding, final, and conclusive. "Superior" weapons or firearms shall not be brought onto the Training Site without the express consen~ and prior approval of the Instructor, Rangemaster, or Sheriff. No person, group or agency shall come upon the Training Center Site without the permission and prior approval of the Palm Beach County Sheriff's Office Rangemaster, Director of Training, or Sheriff. A person, group or agency coming upon the Training Center Site shall be under the supervision of s Palm Beach County Sheriff's Office deputy Sheriff. A person, group or agency coming upon the Training Center Site who fai ls to comform his, her, or their conduct to The P, ul es and Regulations set forth herein or as establis~ed by the Instructor or Rangemaster shall be subject to disciplinary action, ejectm~nt from the site, or both. REVISED: /mb 07/01/85 EXHIBIT A PAGE TWO OF TWO PAGES