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Res 1796 - Police Range Use COUNCIL BILL NO. 2375 RESOLUTION NO. 1796 A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE CITY OF LAKE OSWEGO, OREGON FOR POLICE RANGE USE AND TRAINING SERVICES 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 each 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 Lake Oswego desire to enter into this Agreement for police range use and training services; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an Agreement with the City of Lake Oswego. 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: cy)~ City Attorney Ap Passed by the Council Submitted to the Mayor Approved by the Mayor June 29, 2005 June 29, 2005 Filed in the Office of the Recorder June 29, 2005 ATTEST: !1J ~ Mary ~nt City Recorder City of Woodburn, Oregon Page 1 - Council Bill No. 2575 Resolution No. 1796 AGREEMENT Police Firearms Range Usage ATTACHMENT fr Page --L of ? This Agreement is made and entered into between the City of Woodburn, an Oregon municipal corporation (hereinafter "Woodburn") and the City of Lake Oswego, an Oregon municipal corporation (hereinafter "Lake Oswego") under the authority of ORS Chapter 190. RECITALS: 1. Pursuant to ORS Chapter 190, incorporated cities may enter into agreements with each other for the performance of any of the functions and activities that they have the legal authority to perform. 2. Under said authority, Woodburn and Lake Oswego desire to enter into this Agreement. Lake Oswego police officers will benefit by the use of the Woodburn Police Firearms Range ("the Range"). Woodburn police officers will benefit by attending training conducted by the Lake Oswego Police Department. 3. As used herein, "Woodburn Police Chief' means the Police Chief of the City of Woodburn or another person in the Woodburn Police Department designated by the Police Chief. WITNESSETH: In consideration of the mutual covenants contained herein, the parties agree as follows: 1 . TERM The term of this Agreement is perpetual and it shall run from its execution by both parties until terminated subject to the provisions contained herein. The parties shall periodically review this Agreement and may modify it by addendum as they mutually agree. 2. USE OF THE RANGE BY LAKE OSWEGO A. Woodburn shall allow all sworn members of the Lake Oswego Police Department to use the Range subject to the terms of this Agreement. B. Range usage by Lake Oswego shall be subject to availability and is not guaranteed. In order to avoid scheduling conflicts, the first of each month a Lake Oswego Rangemaster shall communicate with the Woodburn Police Firearms Training Sergeant and they shall mutually agree to a Range schedule for the upcoming month. Agreement - Police Firearms Range Usage Page 1 ATTACHMENT Pr Page -2::... of 'S C. Woodburn shall maintain the Range and shall be the sole entity authorized to modify or alter the Range in any way. D. Lake Oswego shall supply and bear the cost of all necessary supplies or equipment for Lake Oswego shoots or training, including all necessary ammunition and weapons. E. Lake Oswego shall keep the Range clean and in good repair during its use of the Range. Lake Oswego shall be responsible for any damage to the Range caused by its act or neglect, other than as the result of normal usage. F. All Range and safety rules set forth in Woodburn Police Department Policy 13.14 (attached hereto as Exhibit "A" and incorporated herein) shall be applied to all members of the Lake Oswego Police Department when using the Range. Said policy shall be enforced by a Lake Oswego Rangemaster who shall be present on each occasion when Lake Oswego police officers use the Range. The normal hours of Range use by the Lake Oswego Police Department shall be Monday through Saturday, 0800 hours to 1900 hours. G. The use of the Range by the Lake Oswego Police Department at any time other than the normal hours must be approved in writing by the Woodburn Police Chief. H. This Agreement authorizes only sworn Lake Oswego police officers to use the Range subject to the provisions contained herein. This Agreement does not authorize any other persons to use the Range as guests of the Lake Oswego Police Department. I. 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 mm or .223 caliber variety, and police shotguns. No discharge or explosives, chemical agents, or distraction type devices shall be allowed at the Range. 3. USE OF RANGE FOR POLICE TRAINING CLASSES A. Pursuant to this Agreement, Lake Oswego shall be allowed by Woodburn to use the Range to conduct police training classes. B. A proposal to conduct a police Range training class shall be submitted by Lake Oswego to the Woodburn Police Chief at least 60 days prior to the date of the proposed training. Agreement - Police Firearms Range Usage Page 2 ATTACHMENT ~ Page _.1-- of _ C. All police Range training class proposals shall be in writing and in a form satisfactory to the Woodburn Police Chief. D. Within 14 days after receiving a police Range training class proposal from Lake Oswego, the Woodburn Police Chief shall act to approve, disapprove, or modify the proposal. All decisions by the Woodburn Police Chief on Range training class proposals are final and not subject to review. E. Subject to the approval of the Woodburn Police Chief, certified police officers not employed by Woodburn or Lake Oswego may participate in police Range training classes. F. When certified police officers not employed by Woodburn or Lake Oswego participate in police Range training classes, Lake Oswego shall ensure that each police officer executes a Liability Waiver and Assumption of Risk document in a form acceptable to Woodburn. G. Each time Lake Oswego conducts a police Range training class, two (2) Woodburn police officers shall be allowed to participate in the class without paying the class registration fee. 4. CONSIDERATION In consideration for use of the Range, Lake Oswego shall pay Woodburn a Three Hundred Dollar ($300.00) annual fee for Range maintenance. In addition to this annual fee, Lake Oswego shall provide to Woodburn 80 hours of annual in- service police training by Oregon Department of Public Safety Standards and Training (DPSST) certified instructors. 5. ANNUAL TRAINING SCHEDULE The schedule and specific subjects of the annual training provided by Lake Oswego to Woodburn shall be agreed to and approved by the Woodburn Police Chief and the Lake Oswego Police Chief. 6. RESPONSIBILITY FOR EMPLOYEES Lake Oswego shall be exclusively responsible for the protection of its employees and agents and shall provide adequate safety provisions and supervision for its employees and agents who utilize the Range. Woodburn shall have no responsibility or obligation with respect to the safety or supervision of these Lake Oswego employees or agents. Agreement - Police Firearms Range Usage Page 3 ATTACHMENT A ~ Page~ of - 7. INSURANCE Lake Oswego shall provide and maintain a certificate of insurance naming the City of Woodburn as an additional insured regarding incidents arising from the Lake Oswego use of the Range. Insurance coverage shall include liability and workers compensation and all costs of insurance shall be paid by Lake Oswego. The minimum liability coverage maintained by Lake Oswego for use the Range shall be $1,000,000. 8. ASSUMPTION OF RISK To the extent it may under the constitution and laws of Oregon, Lake Oswego agrees to assume the risk for the use of the Range and shall not seek damages against Woodburn for the use of the Range pursuant to this Agreement. 9. INDEMNIFICATION To the extent it may under the constitution and laws of Oregon, Lake Oswego shall indemnify, defend, and save Woodburn harmless from any and all claims arising out of the acts, errors or omissions of Lake Oswego occurring in the course of its use of the Range pursuant to this Agreement, provided, however, that the liability of Lake Oswego pursuant to this section shall not exceed the limits provided under ORS 30.270.. 10. TERMINATION This Agreement may be terminated by mutual consent of both parities or by either party upon thirty (30) days notice. This termination must be in writing and delivered by certified mail or in person. Any such termination of this Agreement shall be without prejudice to any obligations or liabilities or either party already accrued prior to such termination. 11. NOTICES All notices required 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 Woodburn 270 Montgomery Street Woodburn, OR 97071 Daniel Duncan Chief of Police City of Lake Oswego 380 A Avenue Lake Oswego, OR 97034 Agreement - Police Firearms Range Usage Page 4 ,~ 12. GOVERNING LAW ATTACHMENT Page ~_ of A. S- 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. 13. SEVERABILITY 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. 14. ENTIRE AGREEMENT This Agreement 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 LAKE OSWEGO By: By: Scott D. Russell, Chief of Police Daniel Duncan, Chief of Police Date: Date: Agreement - Police Firearms Range Usage Page 5 'T