City Of Lake Oswego ~ IG204003 ~ Training Facility INTERGOVERNMENTAL AGREEMENT
TRAINING FACILITY
This intergovernmental agreement(Agreement) is entered into by and between the City of Lake Oswego
(Lake Oswego)and the City of Tigard (Tigard),each individually referred to as a Party and jointly referred
to as Parties.
Recitals
1. Each of the parties is a governmental entity in the State of Oregon and is authorized to enter into this
Intergovernmental Agreement pursuant to ORS 190.010,ORS 190.110,or other law;
2. Lake Oswego leases a facility located at 7236 SW Durham Rd Ste 600 Tigard,OR 97224(the
Facility).
3. Tigard owns a "Law Enforcement Simulation Range Pro"system, including weapons, accessories,
and software, (the Equipment)which is used for law enforcement training.
4. Lake Oswego wishes to allow Tigard to house the Equipment at the Facility in return for Lake
Oswego's use of the Equipment;Tigard wishes to allow Lake Oswego's use of the Equipment in
return for housing the Equipment at the Facility.
Agreement
Now therefore,the Parties agree as follows:
A. Lake Oswego Responsibilities. Lake Oswego will:
1. Allow Tigard to house the Equipment in the portion of the Facility designated by Lake
Oswego.
2. Maintain the Facility in a safe condition.
3. Be responsible for any damage to the Facility caused by non-Tigard personnel.
4. Be responsible for injuries sustained by Lake Oswego personnel in use of the Equipment.
5. Make the Facility available for use of the Equipment to Tigard by its personnel on all
shifts and days of the week,so long as Lake Oswego determines that Tigard's use does
not conflict with its own needs.
6. Ensure that the Equipment is only operated by Lake Oswego individuals that have been
trained by Tigard.
7. Promptly notify Tigard of any issues experienced with the Equipment.
B. Tigard Responsibilities. Tigard will:
1. House the Equipment at the Facility,as determined by Lake Oswego, and maintain the
Equipment.
2. Have access to the Facility for its personnel to use the Equipment on all shifts and days
of the week,so long as Tigard's use does not conflict with Lake Oswego's own needs.
3. Be responsible for any damage beyond reasonable wear and tear to the Facility caused
by Tigard personnel.
4. Be responsible for any injuries sustained by Tigard personnel in the use of the
Equipment or due to the condition of the Facilities. (Tigard accepts the condition of the
Facilities AS IS.)
5. Train individuals selected by Lake Oswego in the proper operation of the Equipment.
6. Promptly notify Lake Oswego of any damage to the Facility caused by Tigard.
C. Costs. Each Party will bear its own costs in the performance of this Agreement.
D. Term of Agreement. This Agreement is effective February 17th, 2020 and will continue until
February 17th, 2021 unless otherwise amended or terminated.
E. Dispute Resolution. The Parties will attempt to informally resolve any dispute concerning any
Party's performance or decisions under this Agreement, or regarding the terms, conditions or
meaning of this Agreement.The Parties agree that in the event of an impasse in the resolution
of any dispute,the issue will be submitted to the executive officers of the disputing parties for
recommendation or resolution. If this process does not result in resolution of the dispute,
either party may immediately terminate the agreement upon notice to the other, in which event
Tigard shall be permitted a reasonable time to remove the equipment. (Any claim for damages
or loss shall survive termination.)
F. Modification of Agreement. No waiver,consent, modification or change of terms of this
Agreement shall be binding unless in writing and signed by all Parties.
G. Termination. This Agreement may be terminated,with or without cause and at any time, upon
30 days'written notice of intent to the other Party.
H. Indemnification.This Agreement is for the benefit of the Parties only. Each Party agrees to
indemnify and hold harmless the other Party,and its officers, employees,and agents,from and
against all claims, demands and causes of actions and suits of any kind or nature for personal
injury, death or damage to property on account of or arising out of services performed,the
omissions of services or in any way resulting from the negligent or wrongful acts or omissions of
the indemnifying party and its officers, employees and agents.To the extent applicable,the
above indemnification is subject to and shall not exceed the limits of liability of the Oregon Tort
Claims Act (ORS 30.260 through 30.300).
I. Independent Contractor. Each Party is an independent contractor with regard to the other Party
and agrees that the performing party has no control over the work and the manner in which it is
performed. No Party is an agent or employee of any other.
J. Insurance. Each Party agrees to maintain insurance levels or self-insurance in accordance with
ORS 30.282,for the duration of this Agreement at levels necessary to protect against public
body liability as specified in ORS 30.269 through 30.274.
K. Compliance with Law. Each Party agrees to comply with all applicable local,state,and federal
ordinances,statutes, laws,and regulations.
C)TY OF TIGARD C TY KE OSWEG
Signed: Signed:
I
Name: Kathy McAlpine Name: Martha Bennett
Its:Chief of Police Its:City Manager Qom/
Date:_ Q --/ Zy Z Date: �U <
Approved as to form: Approved as to form:
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Shelby Rihala Evan P. Boone
City Attorney Deputy City Attorney