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R95-011RESOLUTION 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 STATE ATTORNEY'S OFFICE OF PALM BEACH COUNTY, 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 State Attorney's Office of Palm Beach County, 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 woul~ be in the best interests of the citizens and residents of the City of Boynton Beach, Florida to enter into an Agreement with the State Attorney's Office. 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 State Attorney's Office of Palm Beach County, 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 February, 1995. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Mayor /~ - ~ice Mayor ~ ommi'~s ~ [ one '~rlq~ ~i~ Clerk ~-~ (Corporate Seal) Authsig.doc StAtt..AGr 2/2/95 THIS AGREEMENT is made and entered into this ~ day of ~--..._., 199..~., by and between the CITY OF BOYNTON BEACH, a F/or/da municipality, hereafter referred to as "CITY", and....__ "DEPARTMENT.. hereafter referred to as WITNE$$ETH: WHEREAS, the City is the proprietor of a firing range Upon a site situated at 37'01 N. Congress Avenue, Boynton Beach, Palm Beach County, F/or/da; 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 part/as, 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 COmmencing on the date of eXecution, be for a one (1) Year Pedod, 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 fir/ng range in accordance With the/aw and rules and regulations established by CITY which ara 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 RESOLUTION NO. A RESOLUTION T~E cITY OF AUTHORIZING AND CITY cLERK TO BE~NEEN THE CITY O~ sTATE coUNTY, FOR TIDING R95- // cITY OF ~ONSENT AGEND Police DATE - RANGE; AND -'-:rig range ' __ · or of a ~_~ ~vntOn ___'~ site s~uu~-- - ~alm BeaCh upuy~, and __,~ Office oz__filize thi~ Bea=~, ~ . _ AttOrneY ~ -- City to u~ ---s training ~= it has the A~re~ent dete~n=~ -~ the c ~t ~ ~-- an intereStS o~ . lorida to enter intowith ~t~te AttOrX~=z .... ~ B~ ~ IT N~, -~'i~ B~TM - ~ ~k ar= " Z~ 0 d C~ Y ' of T~ C _~_ Mayor an ....... ,~ the C~t~ rnuntY, a coPY u~ this That iat elY upon Passage- e~ectiVe ~ day o~ FebrUa~' 1995- Cl~ OF BO~N B~C~' FLORIDA Mayor o Tern ~ioner ATTEST: {corporate seal) AU%hex~.d°¢ 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 thie Agreement. · 9. Any notice required or permitted to b® given under this Agreement shall be in writing and mailed to: 10. 11. BOYNTON BEACH City Manager P.O. Box 310 Boynton Beach, FL 33425 DEPARTMENT State Attorneys Office of Timothy Valentine Palm Beach This Agreement is not assignable. The DEPARTMENT assumes ali 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, Rorida 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. 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 by: Edward J. Harmening, Mayor Witness Witness ATTEST: Approved as to form: by: City Attorney City Clerk DEP..~ARTMENT Timothy J. Valentine Deputy Chief Investigator Range. Agr-:~' _ ' ENDS OR SUPERSEDES: NEW BOYNTON BEACH POLICE DEPARTMENT: SOPJ 203.100 STANDARD OPERATING PROCEDURE SUBJECT: Firearms:and Tralninq Facility Firearms Training Facility INDEX AS: Ranqe Operations, Traininq Facility PURPOSE= SCOPEs PROCEDURE= PAGE..I OF..~3 DATE: September 27z 19 PERTINENT STD(S)z The purpose of th~s Standard Operating Procedure is to set forth general guidelines for the use of the Firearms & Training Facility, to establish the authority and responsibilities O~ tho Firearms Instructors and the Range Master, and to establisk minimum safety rules for all who make use of the facility. This Standard Operating Procedure applies to all member~ oJ the ' Department. A. The Pistol Range shall be managed by the Department Ran~ 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 l~ the operation, rules, and develOpment of policy for operati)ns in the range. B. The hours of operation of the Range, including training ~nd 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 )vet all persons present for purposes of safety, training, prope firearms handling, and Range maintenance. Any on-duty offl:er failing to comply with the directions of the responsible Instructor shall be ordered to leave the Range and report t his immediate superior for further action. Off-duty office:s who fail to comply with the Instructor's orders shall be ordered to leave the range. The Instructor shall notify th ejected officer's supervisor in writing of the reasons for ejection. D. The general rules for the operation of the Pistol Range as follows~ 1) The range shall be opened for use only by the Range Masher or a designated Firearms Instructor, who shall be responsible for all activity therein, proper cleanup, and securing after use. 2) The Watch Commander shall be advised when the Range is opened and closed. functional and operating police radio shall be present the range at all times that the range is in. use. All firearms brought into the Range shall be bolstered or enc4sed until, the officer is on the firing line where he shale receive direction from the Range Master or Instructor. Shotguns will have breech open, slide to the rear, magazi tube and chamber empty, safety.on, and muzzle up. The Range Master or Instructor has the authority to inspe all weapons and ammunition brought Into the Range for sar and proper condition. 6) Careless or unsafe handling of firearms Is strictly 7) prohibited. At no time wlll.a loaded weapon be pointed any direction but down range Careless or deliberate fir at anything other than a designated target is indicative an Irresponsible attitude regarding 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. fat1 to feed, fire, extract, eject). All other malfunctions shall be immediately reported to the on-duty.Range Master, the weapon shall be placed down on the bench or floor if no bench, with muzzle down 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 ~n the presence of a Firearms Instructor or the Range' Master. 10) Access to the Training Office at the facility is limited business purposes only and entr~ to the office is at the discretion o£ the instructor who is present. 11) The use of any tobacco product including chewing tobacco, snuff, dip, etc. is strictly prohibited within the Firea~ Training Facility. E. Weapons and Ammunitions 1) Fully automatic weapons except those owned by the DepartmE are prohibited. le :t ~ty I. ng ~f ls ~t 2) All rifles except .22 cal., .22 cal. long rifle, and .22 magnum are prOhibited. PAGE BOYNTON BEACH POLICE DEPARTMENT STANDARD OPERATING PROCEDURE SOP 203.100 3) All revolvers and auto-loading pistols are permitted ex¢ spt magnums larger than .357 caliber. 4) Shotguns are permitted, however the use of magnum loads rifled slugs Is prohibited. 5) Any Person who brings a firearm to the range shall, prio to firing the weapon, ensure that It is In proper Workil order. Any doubts about a weapon's condition must be brought to the attention of the Range Master or a Fires 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. ~s C A AMENDS OR BOYNTON 7.7.ACH POLICE DEPARTMENT• - gc_ 1 203.100 „5 SUPERSEDES: STANDARD OPERATING PROCEDURE PAGE 1 OF 3 NEW DATE: September 27, 1991 SUBJECT: Firearms:and Training Facility Firearms Training Facility INDEX AS: Range Operations, Training Facility PERTINENT STD(S): PURPOSE: The purpose of this Standard Operating Procedure is to set forth general guidelines for the use of the Firearms i 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. SCOPE: This Standard Operating Procedure applies to all members of the Department. PROCEDURE: 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) 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. 2) The Watch Commander shall be advised when the Range is opened and closed.