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R92-160RESOLUTION NO. R92-/~O 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 ~THE GULF STREAM POLICE DEPARTMENT~ FOR UTILIZATION OF THE CITY'S FIRING RANGE TO CONDUCT 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 desirous of-entering into an Agreement with the Gulf Stream Police Department of the City of Boynton Beach's firing range to conduct training of its agents and employees; NOW, ~FORE, BE IT RESOLVED BY THE CITY COMMISSION DF THE CITY'OF BOyNTON BEACH, FLORIDA THAT: Section 1. The Mayor and City Clerk are hereby ~uthorized and directed to execute a certain Agreement between the City cf Boynton Beach, Florida and the Gulf Stream Police Department, for the utilization of the City's firing range by the Gulf Stream Police Department, a copy of ~aid Agreement being attached hereto as Exhibit "A"o Section 2. This Resolution immediately upon passage. shall take effect PASSED AND ADOPTED this /~' day of September, 1992. CITY OF BOYNTON BEACH, FLORIDA Vi~Mayor // ~ Commissioner ~ ~TTEST: ]Ci~ Clerk ~ (Corporate Seak) PDRANGE.DEA 9/9'/92 Commissio] AGREEMENT THIS AGREEMENT is made and entered into this /~- day of kJ~/~ , 1992, by and between the CITY OF BOYNTON BEACH, hereafter referred to as "CITY" and the GULF STREAM POLICE 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 of training of its agents and employees; WHEREAS, the parties desire to their agreement; WHEREAS, Gulf Stream Police Department seeks permission the CITY to utilize the CITY'S firing range to conduct and provide a statement of 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 Gulf Stream Police Department shall provide supervision during any use of, or training exercise conducted upon the firing range. 3. The Gulf Stream Police Department shall the conduct conform of it's agents and employees with regard to the Boynton Beach firing range in accordance with the use of the law and the rules and regulations established by the CITY which are attached and incorporated into this Agreement as if fully set forth herein, identified as Exhibit "A". 4. The Gulf Stream Police ~Department shall provide the CITY ninety (90) days written notice of the date(s) and time(s) it seeks permission to use the firing range. 5. The CITY expressly reserves the right to deny use of the range in the event the intended use of the Gulf Stream Police Department is in conflict with any other use or training. 6. The 10. This 11. The liability and Gulf Stream Police Department shall be responsible for any cost or expenses incurred as a result of it's use of the firing range. 7. If, in the sole discretion of the CITY the Gulf Stream Police Department fails to reasonably conform to the requirements of this Agreement, this Agreement may be terminated at any time upon written notice. 8. The Gulf Stream Police 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: City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Agreement is not assignable. Gulf Stream Police Department assumes all 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 Gulf Stream Police Department, their employees or agents, occurring while using said CITY's firing range to hold harmless and idenuaify the CITY, subject however to the limit- ations contained within Section 768.28, Florida Statutes. 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. ess i ness Range. Agr 9/8/92 CITY O~ BOYNTON BEACH. /Mrline WeiSer, ~Mayor G UL F~ AM~LICE DEP AR TME NT C~ief of Police./