Res 1705 - Hubbard Firearms Rng
COUNCIL BILL NO. 2426
RESOLUTION NO. 1705
A RESOLUTION ENtERING INTO AN AGREEMENT WITH THE CITY OF
HUBBARD, ORE GO1'/' FOR THE PURPOSE OF ALLOWING POLICE USE OF THE
FIREARMS RANGE AND AUTHORIZING THE POLICE CHIEF TO SIGN SAID
AGREEMENT.
WHEREAS, by the authority granted in ORS Chapter 190, incorporated cities may enter
into agreements with ea~h other for the performance of any of the functions and activities that
they have the legal authority to perform; and
WHEREAS, under said authority, the City of Woodburn and the City of Hubbard desire
to enter into this Agree~ent which allows sworn members of the City of Hubbard Police
Department to use the c[ty of Woodburn Police Department's firearms range subject to the
provisions of this Agreement; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an Agreement with the City of Hubbard
for the purpose of allowing the use of the City Woodburn Police Department's Firearms Range
by sworn police officers of the City of Hubbard.
Section 2. That a copy of said Agreement is affixed to this Resolution as Attachment
"A" and is by this reference incorporated herein.
Section 3. That the Police Chief of the City of Woodburn is hereby authorized to sign
said Agreement on behalf of the City.
Approved as to form:
/
Page 1 - Council Bill Nb. 2426
Resolution No. 1705
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Passed by the Council
Submitted to the Mayor
Approved by the Mayor
December 9, 2002
December 11, 2002
December 11, 2002
Filed in the Office of the Recorder
December 11, 2002
ATTEST:
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Mary T~ City Recorder
City of W ood~)Um, Oregon
Page 2 - Council Bill No. 2426
Resolution No. 1705
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AGREEMENT
Police Firearms Range Usage
A
ATTACHMENT 'I
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This Agreement is made .and entered into by and between the City of Woodburn, an Oregon
Municipal Corporation, ~nd the City of Hubbard, an Oregon Municipal Corporation, under the
authority ofORS Chapter 190.
RECITALS
1. By the authority granted in ORS Chapter 190, incorporated cities may enter into
agreements with each other for the performance of any ofthe functions and activities that
they have the legal authority to perform.
2. Under said authority, the City of Woodburn and the City of Hubbard desire to enter into
this Agreement which allows sworn members of the City of Hubbard Police Department
to use the City of Woodburn Police Department's firearms range subject to the provisions
of this Agreement.
NOW, THEREFORE, the parties agree as follows:
TERM
The term of this Agreement shall run from its execution by both parties until December 31, 2004
unless it is terminated earlier subject to the provisions contained herein.
OBLIGATIONS OF CITY OF WOODBURN
1. The City of Woodburn shall allow all sworn members ofthe City of Hubbard Police
Department to use the Woodburn police firearms range subject to the terms of this
Agreement.
2. Usage of the Woodburn police firearms range by the City of Hubbard Police Department
is subject to range availability as determined by the City of Woodburn Police
Department.
3. The City of Woodburn shall maintain the range and shall be the sole entity authorized to
modify or alter the range in any way.
4. All range and safety rules sets forth in Woodburn Police Department Policy 13.14 (which
is attached hereto as Exhibit "A" and incorporated herein) shall be applied to all members
of the City of Hubbard Police Department when using the range. Said policy shall be
enforced by a Hubbard Police Department Rangemaster who shall be present on each and
every occasion when Hubbard police officers use the range. The normal hours of range
Page 1 - Agreement
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ATTACHMENT k
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use by the Hubbard Police Department shall be Monday through Saturday, 0800 hours to
1900 hours.
5. The use of the ratjlge by the Hubbard Police Department at times other than the normal
hours must be approved in writing by the Woodburn Police Chief.
6. This Agreement authorizes only sworn Hubbard police officers to use the range subject
to the provisions contained herein. This Agreement does not authorize any other persons
to use the range 8IS guests of the Hubbard Police Department.
7. The only weapons authorized for discharge at the range shall be handguns of the type
normally used by law enforcement agencies, police patrol rifles of the 9 rnrn or .223
caliber variety, and police shotguns. No discharge of explosives, chemical agents, or
distraction type devices shall be allowed at the range.
OBLIGATIONS OF CITY OF HUBBARD
1. The City of Hubbard shall pay to the City of Woodburn an annual amount of$300.00 for
use of the Woodburn police firearms range. Annual charges shall be due on the first
business day after January 1, 2003 and with succeeding payments due on the first
business day of each year hereafter during the term of this Agreement.
2. The City of Hubbard shall assume exclusive responsibility for the protection of the
members of the Hubbard Police Department using the range and shall provide adequate
training, safety, and supervision.
3. The City of Hubbard shall provide and maintain a certificate of insurance naming the
City of Woodburn as an additional insured regarding incidents arising from the City of
Hubbard's use ofthe range. Insurance coverage shall include liability and worker's
compensation and all costs of insurance shall be paid by the City of Hubbard. The
minimum liability coverage maintained by the City of Hubbard for use of the range shall
be $1,000,000.
4. To the extent it may under the constitution and laws of Oregon, the City of Hubbard
agrees to assume the risk for the use of the range and shall not seek damages against the
City of Woodburn for the use the range pursuant to this Agreement.
5. To the extent it may under the constitution and laws of Oregon, the City of Hubbard shall
indemnify, defend, and save the City of Woodburn harmless from any and all claims
arising out of the use of the range pursuant to this Agreement.
Page 2 - Agreement
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ATTACHMENT
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A
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GENERAL PROVISIONS
1. The Agreement cfln be terminated without cause by either party upon 30 days written
notice to the other party.
2. All notices requited under this Agreement shall be delivered by facsimile, personal
delivery, or mail and shall be addressed to the following persons:
Scott D. Russell
Chief of Police
City of Wood bum
270 Montgomery Street
Woodburn, OR ~7071
David Dryden
Chief of Police
City of Hubbard
3720 2nd Street
Hubbard, OR 97032
3. The law of the State of Oregon shall govern the validity of this Agreement, its
interpretation and performance, and any other claims related to it.
4. In the event a suit or action is instituted to enforce any right guaranteed pursuant to this
Agreement, the prevailing party shall be entitled to, in addition to the statutory costs and
disbursements, reasonable attorney's fees to be fixed by the trial and appellate courts.
5. If any of the provisions contained in this Agreement are held for any reason to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this Agreement shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein.
6. This Agreement including Exhibit "A", constitutes the entire Agreement and supercedes
all prior written or oral understandings, and may be changed only by a written
amendment to this Agreement which is executed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their respective authorized officers or representatives.
CITY OF WOODBURN
CITY OF HUBBARD
By:
By:
Scott D. Russell, Chief of Police
David Dryden, Chief of Police
Date:
Date:
Page 3 - Agreement
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