R95-040RESOLUTION NO. R95-~
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
FLORIDA DEPARTMENT OF LAW ENFORCEMENT 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 3701 N. Congress Avenue, Boynton
Beach; and
WHEREAS, the Florida Department of Law Enforcement 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 Florida
Department of Law Enforcement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT=
~ The Mayor and City Clerk are hereby
authorized to execute an Agreement between the City of Boynton
Beach and the Florida Department of Law Enforcement, a copy of
said Agreement being attached hereto as Exhibit "A".
~ That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this =~/ day of March, 1995.
CITY OF BO/YNTON BEACH, FLORIDA
Mayor ~/
/ tCommissi~er
C°mmiss~er /
ATTEST:
Cify Clerk
(Corporate Seal)
Rmnge. Agr
Dept. of Law Enforcement.3/14/95
THIS AGREEMENT
is made and entered into this __ day of
,199 , by and between the CITY OF BOYNTON
BEACH, a Florida municipality, hereafter referred to as "CITY", and FLORIDA
DEPARTMENT OF LAW ENFORCEMENT, hereafter referred to as "DEPARTMENT".
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 written 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 falls 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 writing and mailed to:
BOYNTON BEACH DEPARTMENT
City Manager Rorida Department of Law Enforcement
P.O. Box 310
Boynton Beach, FL 33425
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.
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.
CITY OF BOYNTON BEACH, FLORIDA
Witness
Witness
ATTEST:
by:
Mayor
Approved as to form:
by:
City Attorney
City Clerk
DEPARTMENT
Witness
.by:
Witness
AMENDS OR
SU'PERSEDES:
NEW.
BOYNTON BEACH POLICE DEPARTMENT"
STANDARD OPERATING PROCEDURE
SOPJ 203.100
PAGE OF --2
DATE** September 27r
1991
SUBJECT=
INDEX AS:
Firearms :and Training Facility
Firearms Training Facility
Ranqe operatlonsr Training Facility
PERTINENT
PURPOSE:
SCOPEs
PROCEDURE~
The purpose of this Standard Operating Procedure is to set
forth general guidelines_for the use of.the Firearms & Training
Facility, to establish tho authority ama 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 b y 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. Tho 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 Trainin,
Unit. At no time shall the Range be operated without the
presence of the Range Master or a designated F/rearms 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 safe~y, traLning, 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~
l)
2)
The range shall be opened for use only bytho 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.
$)
A functional and operating police radio shall be present
at the range at all times that the range is in. use.
AIl firearms b£ought into the Range shall bo holstered or
enc4qed until tho officer is on the firing line where he
shall receive direction from the Range Master or Instructor.
Shotguns will have breech open, elide to tho rear, magazine
tube and chamber empty, safe~y on, and muzzle up.
The Range Master or Instructor has the authority to inspect
all weapons and ammunition brought into tho Range for safety
and proper condition.
Careless or unsafe handling of £1rearns is strictly
prohibited. &t no time will a loadod weapon be pointed in
any direction but down range. Careless or deliberate firing
at anything other than a designated target is indicative of
an irresponsible attitude regardin9 firearms and shall
result in disciplinary action.
Any weapon not in use shall be placed down on the bench
at the firing line with the muzzle pointing down range.
Officers are expected to clear immediate-action
malfunctions (i.e. fail to feed, fire, extract, eject).
AIl other malfunctions shall be lnunediatelY reported to
the on-duty.Range Master, the weapon shall be placed
down on the bench or floor ii no bench, with muzzle
do~n range, and the officer shall step back off the
firing line.
Approved eye and ear protection shall be worn by everyone
inside the Range during firing operations.
Only authorized personnel may enter the Control Room,
except at the invitation of and in tho presence of a
Firearns Instructor or tho Range Master.
10) Access to the Training Office at the facility is limited to
business purposes only and entry to the office is at the
discretion of the instructor who is present.
11) The use of any tobacco product including chewing tobacco,
snuff, dip, etc. is strictly prohibited within the Firearms
Training Facility.'
Weapons and Ammunitions
1) Fully automatic weapons except those owned by the Department
are prohibited.
2) AIl rifles except .22 cal., .22 cal. long rifle, and .22
magnum are prohibited.
STANDARD OPERATING PROCEDURE
3) All 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.
Edward G.--Hillery,
Chief of Police