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R04-073 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION NO. R04- ~'~3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A RANGE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE ALCOHOL, TOBACCO & FIREARMS DEPARTMENT FOR THE 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 3501 N. Congress Avenue, Boynton Beach, Florida; and WHEREAS, the Alcohol, Tobacco & Firearms Department (Department) has requested permission of the City to utilize this firing range for the training of its agents and employees; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorizes the City Manager to execute an Agreement between the City of Boynton Beach and the Alcohol, Tobacco & Firearms Department, which is attached hereto and made a part hereof. Section 3. That this Resolution shall become effective immediately upon passage. S:\CALRESOXAgreements\BBPD - Range Agr -ATF042604.doc 1 PASSED AND ADOPTED this ~ day of May, 2004. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ATTEST: 21 22 23 i,..~ 24 25 (Corporate Seal) 26 27 28 29 30 S:\CA\RESOkAgreements\BBPD - Range Agr -ATF042604.doc CITY OF BOYNTON BEACH, FLORIDA Roq-oq5 AGREEMENT THIS AGREEMENT is made and entered into this 4th day of May Year 2004 by and between the CITY OF BOYNTON BEACH, a Florida Municipality, hereafter referred to as'~lTY', and Alcohol, Tobacco and Firearms here after referred to as "DEPARTMENT'. WlTNESSETH: WHEREAS, the City is the proprietor of a firing range upon a site situated at 3501 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'S('. 4. The DEPARTMENT shall provide the CITY written notice of the date and time it seeks permission to use said firing range. 5. The DEPARTMENT shall reimburse the CITY a usage and cleaning fee of $85.00 (eighty five dollars) per each eight (8) hours of use of the firing line. Payment will be required prior to the use of the range. Make checks payable to: City of Boynton Beach. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ATTEST: ~rk Witness CITY OF BOY.~..~_.~_~./~, FLORIDA Approved as to form: ._ //~ City Attorney (Department). 6. The DEPARTMENT shall use only munitions that are classified as clean-fire ammunition for the caliber that will be in use. The only exception will be shotgun ammunition that is not clear-fire classified at this time (but will be required when manufactured). 7. 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. 8. 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. 9. If, in 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. 10. The DEPARTMENT is not permitted to include any guest, independent contractor or any other person under the terms or conditions of this Agreement. 11. Any notice required or permitted to be given under this Agreement shall be in writing and mailed to: BOYNTON BEACH City Manager P.O Box 310 Boynton Beach, FL 33435 DEPARTMENT A.T.F 505 S Flager Dr Suite 402 West Palm Beach, FI 33401 12. This Agreement is not assignable. 13. The DEPARTMENT assumes all liability and responsibility for damage, injury or death arising out of the conduct of ifs agents and employees in accordance with the provisions of Section 768.28, Florida Statutes. 14. This Instrument contains the entire Agreement between the parties. It may not be changed orally, but only in writing and signed by both parties. BOYNTON BEACH POLICE DEPARTMENT MEMORANDUM 04-05 ISSUE DATE: ISSUED BY: SUBJECT: May 5, 2004 Marshall B. Gage, Chief of Police Firearms Training Facility BACKGROUND This memorandum establishes the policy and procedures for safe operation of the department's firearms training facility. The following definitions apply: Range Master - Sworn member of he Boynton Beach Police Department who is in charge of the safe operation and maintenance of the Firearms/Training Facility. Firearm - Any handgun, shotgun, rifle or other weapon designed to expel a projectile(s) by the action of a propellant. Firearm Instructor ~ Sworn member who has successfully completed a Firearm's Instructor course which meets the requirements of the Florida Criminal Justice Standards and Training Commission and has been designated by the Chief of Police. Firearms Training - Instruction in the proper procedures, guidelines, tactics, familiarization and shooting skills required for proficiency with a firearm. Firearms/Training Facility - The department's facility located at 3501 N Congress Ave, Boynton Beach, Florida. Qualification - Participating in an approved course of instruction designed to meet Florida Department of Law Enforcement Standards. Range - The area designated for firing of firearms located at the Firearms Training Facility. Range Masters Booth - The area where the Range Master or Firearms Instructor runs the range and stores ammo. Department Instructor - An Instructor recognized and authorized by the Boynton Beach Police Department to conduct a particular course of instruction. Training Facility Office - The office located in the lobby of the Firearms Training Facility. Department Armorer - The person who is qualified to repair department issued weapons. POLICY/PROCEDURE The following regulations are designed to ensure the safety of all personnel, regardless of rank, while utilizing the Firearms Training Facility. These rules shall be posted in a conspicuous location and shall be strictly enforced. The Range Master is responsible for safe operation of the facility and the conduct of firearms qualification and training. All personnel utilizing the Firearms Training Facility are subject to the rules, regulations, policies and procedure established herein, regardless of agency affiliation. No personnel shall enter the SWAT locker room or armory without the permission of the Range Master, SWAT team Commander, or SWAT team Member. No personnel shall enter the Training Facility Office without the permission of the Range Master, Firearms Instructor or Department Instructor. Co No personnel shall enter the Range Master's Booth without the permission of the Range Master or a Firearms Instructor. Ammunition will not be removed without the knowledge and authorization of the Range Master or Training Unit Supervisor. No alcoholic beverages are permitted at the Firearms Training Facility. Persons impaired to any degree by alcohol or any other substance will not carry, handle, or fire any firearm. The Range Master or any Firearms Instructor will take the firearm(s) from any suspected impaired person and secure it. The incident will be immediately reported to the Training Unit Supervisor, who will notify the individual's supervisor and the Chief of Police. Persons believed, by the Range Master, Firearms Instructor or Instructor to be ill or mentally distracted to the point of being a safety concern or a disruption to on-going training will be instructed to leave the facility and return at another time. The Training Unit Supervisor and Watch Commander will be notified immediately. Any person ordered to leave the facility by the Range Master, Training Unit Supervisor, Firearms Instructor or any Instructor in the absence of the Range Master or Training Unit Supervisor, shall leave immediately. Any firearm carried at the Firearms Training Facility, not on the firing line, shall be unloaded and placed in a holster or other case designed for the purpose of transporting firearms. If carried openly, the weapon will be rendered safe by opening the action or bolt as applicable. Smoking, chewing of tobacco, and the use of snuff or any other similar products are not permitted anywhere at the Training Facility. Food and beverages may be consumed only in designated areas. With the exception of police K-9 dogs, no pets or animals are permitted at the Firearms Training Facility. Ko Lo No Qo Ro We All firearms at the Firearms Training Facility are subject to a safety inspection by the Range Master or a Firearms Instructor at any time. Defective firearms shall not be used until repaired. Only approved ammunition will be used at the Firearms/Training Facility. All ammunition is subject to an inspection by the Range Master or a Firearms Instructor at any time. Loading and unloading of weapons will only take place on the firing line facing toward the bullet trap and only after checking to see that no person is down range. Discharging of firearms shall be in the direction of the bullet trap only. Any shooter who accidentally fires one or more projectiles over the bullet trap shall notify the Range Master or Firearms Instructor immediately. No shots will be fired in the direction of any wall, ceiling or floor. Shooting will be done at targets approved by the Range Master or Training Supervisor. When on the firing line, unholstered firearms shall be pointed downrange at all times. Eye and ear protection are required to be worn at all times by all persons while on the firing line when any person is actively engaged in shooting a firearm. A hat shall be worn by all individuals while on the firing line. The minimum hat required is a baseball style hat with a 3-inch brim. The brim shall be worn over the eyes. The wearing of a hat with a brim that completely encircles the crown is encouraged, as the full brim will provide increased protection. Any person who has a firearm malfunction or ammunition misfire, must keep the firearm pointed downrange while attempting to correct the problem. The Range Master or Firearms Instructor shall be notified if the situation cannot be corrected. The Range Master or Firearms Instructor shall intervene if, while attempting to clear a malfunction or clear defective ammunition, an unsafe condition arises. If the malfunction is a mechanical problem, the weapon shall be promptly and safely given to the Range Master or Firearms Instructor. During qualification or firearms training, firing will only be done on command from a Firearms Instructor or Range Master. The cleating barrel shall be used during the field stripping process of handguns. The cleating barrel is a device for use as a safeguard to contain unintentional discharges during the field stripping process. The clearing barrel is located in the gun cleaning room. All firearms will be unloaded on the firing line once the course of instruction is completed. No ammunition or loaded firearm is to be taken into the cleaning room. V. Any rounds faster then 2000 ft/sec are prohibited. W. All rifles except .22cal, .22cal long and .22 magnums are prohibited on the range. USE OF THE TRAINING FACILITY Use of the Firearms Training Facility by other law enforcement agencies requires prior approval of the Chief of Police. All requests for use of the facility will be routed to the Chief of Police via the Training Unit Supervisor. All outside entities are subject to the rules, regulations, policies and procedure established herein. The use of non-departmental firearms instructors are permitted; however, prior approval and verification of instructor certification/qualification by the Training Unit Sergeant is required. Any outside agency utilizing the facility must supply their own firearms, ammunition and cleaning equipment. Outside agencies will insure that the facility is cleaned and orderly prior to their departure. FIREARMS INSTRUCTORS Ail Firearms Instructors will keep the Range diary up to date with the following data: 1. Who has opened the range (Firearms Ins); 2. The Watch Commander that acknowledged the opening; 3. The opening and closing time; 4. What the Range was used for; 5. How many rounds were shot by caliber; 6. Who shot what course; and 7. A listing of those firearms instructors and Ranger Master present.