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./