R92-122RESOLUTION NO. R92-/~
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 FLORIDA DEPARTMENT OF LAW
ENFORCEMENT, FOR UTILIZATION OF THE
CITY'S FIRING RANGE TO CONDUCT TRAINING
OF AGEntS AMD EMPLOYEES A COPY OF
EXHIBIT A ; AND pROvIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Beynton Beach Police Department is
esirous Of entering into an Agreement with the Florida
)epartment Of Law Enforcement (F.D.L.E.), for the
~tilization by the F.D.L.E. of the City of Boynton Beach's
[iring range to conduct training of its agents and
~mployees;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
DF THE ClT~oF BOYN~ON BEACH, FLORIDA THAT:
Section 1. The Mayor and City Clerk are hereby
~uthorized and directed to execute a certain Agreement
between the City of Boynton Beach, Florida and the Florida
Department Of Law Enforcement (F.D.L.E.), for the
~tilization of the City's firing range by the F.D.L.E., a
~opy of said Agreement being attached hereto as Exhibit ['A".
Section 2. This Resolution shall take effect
immediately, upon ~assage.
PASSED AND ADOPTED this ~/ day of July, 1992.
CITY OF BOYNTON BEACH, FLORIDA
~(ayor
~TTEST:
( Cotp~)r~e Seal
?DP~NGE. FDLE
?/15~/92
ViCe Mayor
~iss£oner
AGREEMENT
THIS AGREEMENT is made and entered into this day
of , 1992, by and between the CITY OF
BOYNTON BEACH, hereafter referred to as "CITY" and the
FLORIDA DEPARTMENT OF LAW ENFORCEMENT, hereafter referred to
as "F.D.L.E."
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
WHE~AS, F.D.L.E. seeks permission of the CITY to
utilize the CITY'S firing range to conduct training of its
agents and employees; and
WHEREAS, the parties desire
their agreement;
NOW, THEREFORE, in consideration
interest and objectives
to provide a statement of
of the parties' mutual
in providing professional, competent
training,
hereto as
1.
year period,
it is understood and agreed between the parties
follows:
The term of this Agreement shall be for a one (1)
co~amencing on the date of execution.
2. The F.D.L.E. shall provide supervision during any
use of, or training exercise conducted upon the firing
range.
3. The F.D.L.E. 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"
is
4. The F.D.L.E. 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 in the event the intended use of the F.D.L.E.
in conflict with any other use or training.
6. The F.D.L.E. shall be responsible for any cost or
incurred as a result of it's use of the firing
expenses
range.
7.
F.D.L.E.
If, in the sole discretion of the CITY the
fails to reasonably conform to the requirements of
this Agreement, this Agreement may be 'terminated at any time
upon written notice.
8. The F.D.L.E. 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 phall be in writing and mailed to:
· City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
10. This Agreement is not assignable.
11. The F.D.L.E. 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 F.D.L.E.,
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.
Wit~ess
/Wi t n~s s - / ....
Witness
CITY~ BOYNTON BEA~CH
/WArline Weiner, Mayor
AP,~ROYED AS lq FORM:
FLORIDA DEPARTMENT OF LAW
ENFORCEMENT
BY:
Witness
Range.Agr
7/10/92
Rev.7~15/92
~ENDS OR
SUPERSEDES:
NEW
BOYNTON~EACH POLICE DEPARTMENT.'
STANDARD OPERATING PROCEDURE
SCOPE:
PROCEDURE:
SOP#203. 100
PAGE I OF 3
DATE: Se tember 27_ 199!
SUBJECT: Firearm .......
INDEX AS. Ran e 0 erations Tratnin~ Facllit PERTINENT STD S :
PURPOSE: The purpose Of this Standard
hoard Operating Procedure is to set
forth general guidelines for the use o
Facility, to est f the Firearms
Firearm; Ins---C~lsh ~he_authorlty and responsibl..~.~ralging
.~..-2- -i. ~.uu~rs aha the Range~aster..~ .- _~u~es oz the
---.,,,.u,a -azet rules fo 1~ ...~- -_._ . ~-.- ~u es:ablish
· Y r a.. -,,u ~.exe 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 ars necessar~ 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
tntheth~°perati°n'~ange, rules, and development of policy for
operations
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 sha~l notify the
ejection.ejected offiqer's.supervisor in writing of the reasons for the
asD' Thefollows:general rules for the operation of the Pistol Range are
1)
2)
The range shall be opened for use only by the Range Master
or ~ 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.
3) A functional and operating ~olice radio shall be present
at the range at ell times that the range is in. use.
4) All f~rearms brought into the Range shall be bolstered or
enc4sed until the officer Is on the firing linewhere
shall receive direction from the Range Master or Instruh~
ShOtguns tot.
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 ~nto the Range for safety
and proper cond~tion.
6) Careless or unsafe handling of firearms is strictly
prohibited. At no time wi1! a loaded weapon be pointed in
any direction but down range. Careless or deliberate firing
at anything other than a designated target is lndicat~ve of
an Irresponsible attitude regarding firearms an
result In disciplinary action.
?} Any weapon not tn use shall be placed down on the bench
at the firing line with the muzzle point~ng down range.
Officers are expected to clear Immediate-action
malfunctions (i.e. fail to feed, fire e
All other malfunctions shall b ~___~_~x~ract, eject).
e -.,u,~u~u~e~y 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 s
Firearms Instructor or the 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 ~s present.
Il) The use of any tobacco product Including chewing tobacco,
snuff, dip, etc. Is strictly prohibited within the Firearms
Training Facility.
E. Weapons a~dAmmunltlon:
1)areFUllYprohtbtted.automatic weapons except those owned by the Department
2) All rifles except .22 cal.,
magnum are prohib~ted.
.22 cal. long rifle, and .22
~OYNTON~EACH POLICE DEPARTME--- , /~-
STANDA~i. OPERATING pR~EDURE&'~-. ~mm 203
100
3) Al! 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 s 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
broughtInstructor.tO the attention of the Range Master or a Firearms
6) Live ammunition wi1! not be permanently stored at the
Range. Short-term storage required for /n-progress
training programs will be under the strict control of
the Range Master.