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R94-16RESOLUTION NO. R94-/~ A RESOLUTION OF THE CITY CO~MISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEHENT BETWEEN THE CITY OF BOYNTON BEACH AND THE STATE ATTORNEY'S OFFICE PROVIDING FOR THE USE OF THE CITY'S FIRING RANGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach~ Florida, upon recommendation of staff, has deemed it to be in the best i~terests of the citizens and residents of the City of Boynton Beach, Florida (CITY) to execute an Agreement between the City of Boynton Beach and the State Attorney's Office for their use of the City's firing range; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COM/~ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an Agreement between the City of Boynton Beach and the State Attorney's Office for their use of the City's firing range, said Agreement being attached hereto as Exhibit "A". Section 2. That this Resolution shall become effect£ve immediately upon passage. PASSED AND ADOPTED this / day of February, 1994. CITY OF BOY, ON BEACH,~ FLORIDA ATTEST: Ci~ Clerk (Corporate Seal) Authsig.doc BBPD.St. Atty Range. Agr 1/26/94 Cor~Rissl( AGREEMENT 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 the STATE ATTORNEY'S OFFICE, hereafter referred to as "DEPARTMENT". WHEREAS, the CITY site situated at 3701 N. County, Florida; and WITNESSETH: is the proprietor of a firing range upon a Congress Avenue, Boynton Beach, Palm Beach WHEREAS, the DEPARTMENT seeks permission of the CITY to utilize the CITY'S firing range to conduct training of its agents and the parties desire to provide a statement of their and employees; WHEREAS, agreement; 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. period, 2. of, or 3. The term of this Agreement shall be for a one (1) year commencing on the date of execution. The DEPARTMENT shall provide supervision during any use training exercise conducted upon the firing range. 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 the rules and regulations established by the CITY which are attached and incorporated into this Agreement identified as Exhibit "A". as if fully set forth herein, 4. The DEPARTMENT shall provide the CITY 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 DEPARTMENT is in conflict with any other use or training. 6. There shall be no charge to the DEPARTMENT for use of the firing 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, in the sole discretion of the CITY the DEPARTMENT fails to reasonably conform to the requirements of this Agreement, this 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 Office of the State Attorney P.O. Box 310 401 N. Dixie Highway City of Boynton Beach West Palm Beach, FL 33401 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 2 768.28, 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. ATTEST: Cit~ Clerk CITY OF BOYNTON BEACH APPR~~ '2~ames A. ~/e~of, City Attorney STATE ATTORNEY' $ OFFICE ~ Range.Agr 1/6/94 3 AMENDS OR SUPERSEDES: NEW BOYNTON BEACH POLICE DEPARTMENT: STANDARD OPERATING PROCEDURE SOP# 203,100 PAGE 1 OF 3 DATE:.September 27t 1991 SUBJECT: Firearms :and Training Facility Firearms Training Facility INDEX AS: Ranqe OperationsI Training 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 Facili~¥, 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 lnstructer. 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: I) 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. PAGE 2 BOYNTOH BEACH POLICE DEPARTMENT STANDARD OPERATING PROCEDURE SOP 203.100 3) 4) 5) 6) A functional and operating police radio shall be present at the range at all times that the range is in use. All firearms brought into the Range shall be bolstered or encased until the officer is on the firing line where he shal~ receive direction from the Range Master or Instructor. Shotguns will have breech open, slide to the rear, magazine tube and chamber empty, safety on, and muzzle up. The Range Master or Instructor has the authority to inspect all weapons and ammunition brought into the Range for safety and proper condition. Careless or unsafe handling of firearms is strictly prohibited. At no time will a loaded 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 regarding firearms and shall result in disciplinary action. 7) 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 (l.e. fail 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. 8) Approved eye and ear protection shall be worn by everyone inside the Range during firing operations. 9) Only authorized personnel may enter the Control Room, except at the invitation of and in the presence of a Firearms Instructor or the Range Master. lO) 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. The use of any tobacco product including chewing tobacco, snuff, dip, etc. is strictly prohibited within the Firearms Training Facility. E. Weapons and Ammunition: 1) Fully automatic weapons except those owned by the Department are prohibited. 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) 4) 5) 6) All revolvers and auto-loading pistols are permitted except magnums larger than .357 caliber. Shotguns are permitted, however the use of magnum loads or rifled slugs is prohibited. 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. 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.