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R96-074RESOLUTION NO. R96- 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 TOWN OF LANTANA POLICE DEPARTMENT FORTHE USE OF THE CITY'S FIRING RANGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is the proprietor of a firing range upon a site situated at 3701 N. Congress Avenue, Boynton Beach; and WHEREAS, the Town of Lantana Police Department has requested permission of the City to utilize this training apparatus for the training of its agents and employees; and WHEREAS,-upon recommendation of staff, it has been determined by the City CommissiOn that it would be in the best interests of the citizens and residents of the City of Boynton Beach, Florida to enter into an Agreement with the Town of Lantana Police Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized to execute an Agreement between the City of Boynton Beach and the Town of Lantana Police Department, a copy of said Agreement being attached hereto as Exhibit "A". Section 2. passage. That this Resolution shall become effective immediately upon PASSED AND ADOPTED this /.,z day of June, 1996. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice May~ C missioner - Co'mmissionef,-/ ATTEST: Commissioner THIS AGREEMENT is made and entered into this 17 day of April , 1996, by and between the CITY OF BOYNTON BEACH, a Florida municipality, hereafter referred to as "CITY", and Lantana Police Department "DEPARTMENT". , hereafter referred to as WlTNESSETH' 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 WHEREAS, the DEPARTMENT seeks permission of the CITY to utilize this training apparatus, for the training of its agents and employees; 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 CITY shall provide supervision during any use of, or training exercise conducted on said range. 3. The DEPARTMENT shall cause its agents and employees to conform their conduct with regard to the use of the Boynton Beach firing range in accordance with the law and rules and regulations established by CITY which are attached and incorporated into this Agreement as if fully set forth herein, identified as Exhibit "A". 4. The DEPARTMENT shall provide the CITY wdtten notice of the date and time it seeks permission to use said firing range. 5. The CITY expressly reserves the right to deny use of the range in the event the intended use of the DEPARTMENT is in conflict with any other use or training. 6. There shall be no charge to the DEPARTMENT for use of the range facilities, however, the DEPARTMENT shall be responsible for any costs or expenses incurred for targets, ammunition, cleaning supplies and other related training items. 7. If, the sole discretion of the CITY the DEPARTMENT fails to reasonably conform to the requirements of this Agreement, the Agreement may be terminated at any time upon written notice. 8. The 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 wdting and mailed to: BOYNTON BEACH DEPARTMENT City Manager Lantana Police Department P.O. Box 310 500 Greynolds Circle Boynton Beach, FL 33425 Lantana, Florida 33462 ATTN: Lt. Bates 407-585-6418 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 claim for damages resulting from acts, omissions or conduct of the DEPARTMENT, their employees or agents, occurring while using said CITY's firing range to hold harmless and indemnify the CITY. 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. Witne~(s Witness ATTEST: Cit~Clerk CITY OF BOYNTON BEACH, FLORIDA Witnes.~ Witness Range.Ag r 11/7/94 AMEND~ OR SUPERSEDES: NEW BOYNTON BEACH POLICE DEPARTMENT: STANDARD OPERATING PROCEDURE SOP# 203.100 PAGE 1 OF 3 DATE= September 27~ 199~ SUBJECT: INDEX AS: Flrear~___s :and Traininq Facility Firearms Training Facility Range Operations~ Traininq Facility PERTINENT STD(S): PURPOSE: SCOPE: PROCEDURE: The purpose of this Standard Operating Procedure is to set forth general guidelines for the use of the Firearms & Training Facility, to establish the authority and responsibilities of the Firearms Instructors and the Range Master, and to establish minimum safety rules for all who make use of the facility. This Standard Operating Procedure applies to all members of the Department. A. The Pistol Range shall be managed by the Department Range Master, who shall make, develop, and implement such rules which are necessary for the safe, effective, and efficient operation of the Range. The Chief of Police will appoint qualified Firearms Instructors to assist the Range Master in the operation, rules, and development of policy for operations in the range. B. The hours of operation of the Range, including training and practice time, shall be established and published by the Training Unit. At no time shall the Range be operated without the presence of the Range Master or a designated Firearms Instructor. C. When the Range is in operation, the Range Master or Firearms Instructor in charge of the operation shall have authority over all persons present for purposes of safety, training, proper firearms handling, and Range maintenance. Any on-duty officer failing to comply with the directions of the responsible Instructor shall be ordered to leave the Range and report to his immediate superior for further action. Off-duty officers who fail to comply with the Instructor's orders shall be ordered to leave the range. The Instructor shall notify the ejected officer's supervisor in writing of the reasons for the ejection. D. The general rules for the operation of the Pistol Range are as follows: 1) 2) The range shall be opened for use only by the Range Master or a designated Firearms Instructor, who shall be responsible for all activity therein, proper cleanup, and securing after use. The Watch Commander shall be advised when the Range is opened and closed. PAGE 3 SOP 203.100 B~YNTON BEACH POLICE DEPARTMENT STANDARD OPERATING PROCEDURE 3) Ail revolvers and auto-loading pistols are permitted except magnums larger than .357 caliber. 4) Shotguns are permitted, however the use of magnum loads or rifled slugs is prohibited. 5) 'Any person who brings a firearm to the range shall, prior to firing the weapon, ensure that it is in proper working order. Any doubts about a weapon's condition must be brought to the attention of the Range Master or a Firearms Instructor. 6) Live ammunition will not be permanently stored at the Range. Short-term storage required for in-progress training programs will be under the strict control of the Range Master.