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R93-11RESOLUTION NO.~,~-// A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE LANTANA POLICE DEPARTMENT, FOR UTILIZATION OF THE CITY'S FIRING RANGE TO CONDUCT TRAINING OF ITS AGENTS AND EMPLOYEES; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Police Department is desirous of entering into an Agreement with the Lantana Police Department for ~the use of the City of Boynton Beach's firing ange tO conduct training of the City of Lantana's agents and mployees; 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 anddirected to execute a certain Agreement between the City of Boynton Beach, Florida and the Lantana Police Department, for the utilization of the City's firing range by the Lantana Police Department, .a copy of said Agreement being attached hereto as Exhibit "A" Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this /~ day of January, 1993. CITY OF BOYNTON BEACH, ~yor FLORIDA Mayo! commissioner ATTEST: Commissiol ~ Ci~ Clerk - -~ (COrporate Seal) La~t~na.R/Agr 1/1'4/93 AGREEMENT THIS AGREEMENT is made and entered into this /~ day of ~/~F , 199~, by and between the CITY OF BOYNTON BEACH, h~reafter referred to as "CITY" and the LANTANA POLICE DEPARTMENT, WITNESSETH: 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 the W~EREAS, Lantana Police Department seeks permission of CITY to utilize the CITY'S firing range to conduct training of its agents and employees; and WHEREAS, the parties desire to provide a their agreement; statement of 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 Lantana Police Department shall provide supervision during any use of, or training exercise conducted upon the firing range. 3. The Lantana Police Department shall conform the conduct of it's agents and employees 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 as if fully set forth herein, identified as Exhibit "A". 4. The Lantana Police Department shall provide the CITY ninety (90) days 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 an the event the intended use of the Lantana Police Department is in conflict with any other use or training. 6. The Lantana Police Department shall be responsible for any cost or expenses incurred as a result of it's use of the firing range. 7. If, in the sole discretion of the CITY the Lantana Police Department fails to reasonably conform to the requirements of this Agreement, this Agreement may be terminated at any time upon written notice. 8. The Lantana Police 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: City Manager City of Boynton Beach P.O. Box 310 Boynuon Beach, FL 33425 10. This Agreement is not assignable. 11. The Lantana Police 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 Lantana Police 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. w4{~esf Wit~ess ATTEST: Cit~ Clerk C TY BOY ,ON B ACH · ~ . ~ ~! IArline W~iner, Mayor APPROVED AS TO FORM: James A. d~her~f, Cit~~ Witness TOWN OF LANTANA ..--7 Range.Agr 12/10/92 AMENDS OR SUPERSEDES .' NEW BOYNTON BEACH POLICE DEPARTMENT" STANDARD OPERATING PROCEDURE SOPJ. 203.100 PAGE I OF 3 DATE~. September 27t 1991 SUBJECT= INDEX AS: Firearms:and Training Facility Firearms Training Facility Range Operationst 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 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 member~ 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 Trainin~ 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 c~arge 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 e~ection. D. The general rules for the operation of the Pistol Range are as follows: l) The range shall be opened for use only by the Range Master or a designated Firearms ~nstructor, who shall be responsible for all activity therein, proper cleanup, and securing after use. 2) The Watch Commander shall be advisedwhen the Range is opened and closed. 3) 4) A functional and oper~ting police radio shall be present at the range at all timeSthat the range is in. use. All firea~a brought into the Range shall be holstered or encdsed until the officer Ia on the firing line where he shall 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. 5) The Range Master or Instructor has the authority to inspect all weapons and ammunition brought into the Range for safety and proper condition. 6) Careless or unsafe handling of firearms is strictly prohibited. At no time w111 a loaded weapon be pointed in any direction but downrange. Careless or deliberate firing at anything other than a designated target is indicative of an irresponsible attitude regarding firearms and shall result l~ 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 launediate-action malfunctions (i.e. fall 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. s) I0) 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 the presence of a Firearms Instructor or the Range Master. Access to the Training Office at the facility Is limited business purposes only and entry to the office Is at the discretion of the InStructor who Is present. to The use of any tobacco product Including chewing tobacco, snuff, dip, etc. Is strictly prohibited within the Firearms Training Facility. E. Weapons and Ammunitions 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. BOYNTON BEACH POLICE DEPARTMENT STANDARD OPERATING PROCEDURE SOP 203.i00 3) 4) 5) 6) All revolvers and auto-loading p~stols are permitted except magnums larger than .357 caliber. Shotguns are permitted, however the use of magnum loads or r~fled slugs is proh~bited. Any person who brings a f~rearm to the range shall, prior to firing the weapon, ensure that it is in proper working order. Any doubts about a weapon's cond~tion must be brought tO the attention of the Range Master or a Firearms Instructor. Live ammun~tion will not be permanently stored at the Range. Short-term storage required for in-progress tratning programs wil! be under the strict control of the Range Master.