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R92-121RESOLUTION NO. R92-/~/ A RESOLUTION OF THE CITY COMLqISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE ~2%YOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE DRUG ENFORCEMENT ADMINISTRATION, WEST PALM BEACH RESIDENT OFFICE, 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 esirous of entering into an Agreement with the Drug ~nforcement Administration (D.E.A.), West Palm Beach ~esident ~ffice, for the utilization by the D.E.A. of the lity of Boynton Beach's firing range to conduct training of ~ts agents and employees; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION )F THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The Mayor and City Clerk are hereby [uthorized and directed to execute a certain Agreement Detween the City of Boynton Beach, Florida and the Drug Enforcement Administration (D.E.A.), West Palm Beach Resident Office, for the utilization of the City's firing range by the D.E.A., a copy of said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution immediately upon passage. shall take effect PASSED AND ADOPTED this ~/ day of July, 1992. CITY OF BOYNTON BEACH, MAyor FLORIDA kTTEsT: (C~P°~te Seal) ?DRANGE.DEA 7/13/92' Comm~er Co'ami ss io~/ 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 DRUG ENFORCEMENT ADMINISTRATION, West Palm Beach Resident Office, hereafter referred to as "D.E.A." 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 W~ER~AS, D.E.A. seeks permission of the CITY to utilize the CITY'S firing range to conduct training of its agents and employees; and W~ER~AS, the parties desire to provide a statement of their 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. The term of this Agreement shall be for a one (1) year period, commencing on the date of execution. 2. The D.E.A. shall provide supervision use of, or training exercise conducted upon range. during any the firing 3. The D.E.A. 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 and incorporated into this Agreement as herein, 4. written permission to 5. The of the range in conflict with any other use or training. which are attached if fully set forth identified as Exhibit "A". The D.E.A. shall provide the CITY ninety (90) days notice of the date(s) and time(s) it seeks use the firing range. CITY expressly reserves the right to deny use in the event the intended use of the D.E.A. is 6. The D.E.A. 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 D.E.A. fails to reasonably conform to the requirements of this Agreement, this Agreement may be terminated at any time upon written notice. 8. The D.E.A. is not permitted to include independent contractor or any other person under or conditions of this Agreement. this any guest, the terms 9. Any Rotice required or permitted to be given under Agreement shall 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 D.E.A. 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 D.E.A., 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. CITY OF BOYNTON BEACH ' Arline Welner, Mayor AP OVED AS 3'0 DRUG ENFORCEMENT ADMINISTRATION BY: Witness Witness Range.Agr 7/10/92 Rev.7/15/92 AMENDS OR SUPERSEDES NEW BOYNTON~EACH POI, ICE DEPARTMENT-' STANDARD OPERATING PROCEDURE SOPS, 203. 100 PAGE 1 OF 3 DATE:. September 27t 1991 .SUBJECT: INDEX AS .' Flrearms~and Training Facility Firearms Training Facility Range ODerations~ Training Facility PERTINENT STD(S}= PURPOSE= SCOPE: The purpose of this Standard Operating Procedure is to set forth general use ofthe Firearms & Training Fac~lity, to ' and responsibilities of the Fi and to establish minimum use of the This Standard Operating Procedure applies to all member~ 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~ecessary for the safe, effective, and efficient operation.of the R~nge. The Chief of Police wi1! appoint qualifie~ Firearms I~structors to assist the Range ~ster in the 0perdition, 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. A~y on-duty officer failing to comply with the d~rections of the responsible InstructO= sha~l be ordered to leave the Range a~d report to his immediate superior for further action. Off-duty officers who fail tO comply with the Instructor,s orders shall be ordered toleave the range. The InstruCtor sha~l.not~fy the ejected off~cer,s.s~Pervisor 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. 3) A functional and operating police radio shall be present at the range at all t~es that the range is in. use. 4) All firearms brought into the Range shall be holstered 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. 5) The Range Master or Instructor has the autherlty to inspect all weapons and ~munition brought Into the Range for safety and proper condition. Careless or unsafe handling of firearms Is strictly prohibited. At no time wll} a loaded weapon be pointed in any direction but down rang~. Careless or deliberate firing at anything other than a deSignated target le Indicative of an Irresponsible attitude reg~rding firearms and shall result In dlsciplina~, 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 lmme~liate-action malfunctions (i.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 ehall step back off the firing line. 8) Approved eye and ear protection ehall 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. 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. E. Weapons ~nd Ammunltlon~ 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 [~OP 203.100 STAND~'~D OPERATING PROCEDURE ' 3) All revolvers and auto-loading pistols are permitted except magnums larger than .357 call'er. ' 4) Shotguns are permitted, however the use of magnum loads or rifled slugs is prohAbited. 5) Any person who brings a fArearm to the range shall, prior to firing the weapon, ensure that At Is An proper working order. Any doubts about a weapon's condAtion must be brought to the attention of the Range Master or a Firearms Instructor. 6) Live ammunAtAon wall not be permanently stored at the Range. Short-term storage r~qu~red for An-progress training programs will be under the strAct control of the Range Master.