Sherwood ~ IG214007 ~ Facility Use Agreement aL Sherwood Police Department
20495 SW Borchers Drive
crn« Sherwood, OR 97140
Sherwood Ph: 503-625-5523.Fax:503-925-7159
Oregon
Facility Use Agreement
This Facility Use Agreement ("Agreement") is entered into as of the date last set forth below by and
between the City of Sherwood ("City") and City of Tigard Police Department
("Agency").
Use of facilities. By this Agreement, the City is providing Agency the use of its facilities as specified
below, but is not providing supervision, instruction, or any other services in connection therewith.
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Indemnification. Agency acknowledges responsibility for liability arising out of its use of said
facilities and, to the extent permitted by the Oregon Constitution and within the applicable limits of
the Oregon Tort Claims Act, shall defend, indemnify, and hold harmless City and its officers, agents,
volunteers, and employees against any and all liability, settlements, loss, damage, costs, and
expenses (including attorney's fees and witness costs at both trial and on appeal, whether or not a
trial or appeal ever takes place, including any hearing before federal or state administrative agencies)
arising from or in connection with any action, suit, demand, or claim resulting or allegedly resulting
from, attributable in whole or in part to, or in any way connected with Agency's use of said facilities
and Agency's and Agency's officers', agents', volunteers', and employees' acts, omissions, activities,
or services in connection with this Agreement, to the fullest extent permitted by law. Notwithstanding
the foregoing, Agency is not responsible for liability to the extent it is the result of the negligent acts
or omissions or willful misconduct of the City. The City may, at any time at its election assume its
own defense and settlement in the event that it determines that Agency is not adequately defending
the City's interests, or that an important governmental principle is at issue, or that it is in the best
interests of the City to do so. If any aspect of this indemnity is found to be illegal or invalid for any
reason whatsoever, such illegality or invalidity does not affect the validity of the remainder of this
indemnification. This section will survive the termination or revocation of this Agreement, regardless
of cause.
Insurance. Agency shall obtain at its expense, and maintain for the term of this Agreement, liability
insurance or a program of self-insurance, for the protection of Agency, the City, its Councilors,
officers, agents, volunteers, and employees, in amounts at least equal to the applicable limits of the
Oregon Tort Claims Act, as such limits may be changed from time to time. Such coverage shall be
primary and non-contributory. Coverage shall include personal injury, bodily injury, including death,
and broad form property damage, including loss of use of property, occurring in the course of or in
any way related to Agency's operations. Such insurance shall name the City as an additional insured.
Term and Termination. This Agreement will remain in effect until terminated. Either Party may
terminate this Agreement effective ten (10) calendar days after written notice thereof to the other
Party, or such later date as may be specified in such written notice.
Notice. Any notice required to be provided under this Agreement shall be provided to the individual
named in the signature block below at the address specified below. Notices shall be made by
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personal service, in which case they are effective on the date of service, or by certified mail, in which
case they are effective on the date of delivery, or if delivery is refused, upon the date of delivery
refusal. Either party may alter the person designated for receipt of notices under this Agreement by
written notice to the other party.
Entire agreement. This Agreement constitutes the entire agreement between the parties. No
waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in
writing and signed by both parties. Such waiver, consent, modification, or change, if made, shall be
effective only in specific instances and for the specific purpose given. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this Agreement.
Agency, by the signature of its authorized representative, hereby acknowledges that he or she has
read this Agreement, understands it and agrees to be bound by its terms and conditions.
Assignment. Agency may not assign its rights or obligations under this Agreement without the
written consent of City.
Compliance with laws. In connection with its activities under this Agreement, Agency shall comply
with all applicable federal, state and local laws and regulations.
Applicable law and jurisdiction. The provisions of this Agreement shall be construed in
accordance with the provisions of the laws of the State of Oregon, without regard to conflicts of law
principles. Any action or suits involving any question arising under this Agreement must be brought
in the appropriate court in Washington County, Oregon or, only if there is no Oregon state court
jurisdiction, the United States District Court for the District of Oregon, and each party hereby submits
to the exclusive jurisdiction of those courts for purposes of any such proceeding. Any trial will be to
the court without a jury.
Severability. The parties agree that if any term or provision of this Agreement is declared by a court
of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms
and provisions shall not be affected, and the rights and obligations of the parties shall be construed
and enforced as if the Agreement did not contain the particular term or provision held to be invalid.
CITY AGENCY
Jeff Groth Kathy McAlpine
Name (Printed) Name (Printed)
Police Chief Police Chief
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Title
ture Sig atu J
5/12/2021 _S_12—Z-
Date Date
20495 SW Borchers Drive 13125 SW Hall Blvd
Address (Street) Address (Street)
Sherwood, OR 97140 Tigard Oregon 97223
City State Zip City State Zip