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City of Wilsonville - MU190001 - Bike Rental City of Tigard BIKE FLEET USE AGREEMENT This Bike Fleet Use Agreement (Agreement) is made and entered into by and between the City of Tigard(Tigard) and City of Wilsonville(Borrower). The entities listed above may collectively be referred to as the parties. RECITALS WHEREAS,by authority granted in ORS 190.110, units of local government or state agencies may enter into agreements for the performance of any or all functions and activities that parties to the agreement, or their officers or agents, have the authority to performs and WHEREAS, Tigard and Borrower are mutually interested in the implementation of safety programs for youth. WHEREAS,Tigard has a bike fleet complete with helmets, tools and trailer for transport. WHEREAS, Borrower's transit department, South Metro Area Regional Transit(SMART), is conducting a Bike Rodeo at the City Health Fair on July 20, 2019 and does not have bikes of its own. WHEREAS,both Tigard and Borrower are public entities participating in the Intergovernmental Agreement for Equipment and Services of Cooperative Public Agencies of Washington County and the Tigard bike fleet and equipment are covered under this agreement. AGREEMENT NOW THEREFORE,the premises being in general as stated in the foregoing, it is agreed by and between the Parties hereto as follows: I. Equipment. City is providing Borrower with the equipment listed in Exhibit A (Equipment), free of charge, for use at a Borrower-sponsored event. Borrower agrees to use the Equipment in a careful and proper manner and supervise other persons using the Equipment to ensure the same. II. Term of Agreement. This Agreement is effective July 17, 2019 and will terminate on July 30, 2019. III. Insurance.Each party will provide their own insurance for Auto, General Liability, and Workers Compensation, which will cover that party for any claims that might arise out of the use of the Equipment. IV. Compensation. Tigard is providing the Equipment free of charge to Borrower. Borrower is solely responsible for all costs related to transportation and for repairs, as described in Section IV. Page 1 V. Damage to Equipment. The Equipment is the property of the City. The City will insure the Equipment from covered causes of loss at all times. However, individual losses concerning items damaged, stolen or misplaced under the City's property deductible of$5,000 will be the responsibility of the party in control of the Equipment at the time of the loss. Additionally, while Borrower is transporting the Equipment, any damage to the Equipment will be reimbursed to the City, including the cost of deductibles, after insurance claims have been resolved to make the City whole and reimburse the City's insurer regardless of fault. CITYOF-TIGARD ORROWER Signe Signe . j Name: Kathy Nyland Name: Bryan Cosgrove Its: Assistant City Manager Its: City Manager Date: Date: \0 Page 2 Exhibit A 1. Tigard will provide the following Equipment to Borrower: a. Trailer: 8.5 x 20 7K Carhauler White, 2017 CCN VIN 5NHUTWV2XHF705836 b. Bicycles: i. 20 Giant XTC Jr 24 Lite ii. 5 Giant Revel 2 iii. 5 Giant XTC Jr. 20 Lite iv. 3 miscellaneous bikes of varying sizes c. Helmets: 20 of assorted sizes d. Tools: 1 bike repair stand, 1 bike pump, and miscellaneous bike repair tools 2. Tigard will provide the Equipment to Borrower for public use at SMART Bike Rodeo on Saturday, July 20, 2019. Specifically, Tigard agrees: a. The Equipment will be ready for pick up by July 17, 2019 by 5 pm with pick up expected mid-morning on July 18, 2019. b. A representative will be available to a SMART representative for trailer pick up on July 18, 2019 at approximately 10:00 am or other mutually agreed upon date/time. c. A representative will be available to answer questions when the Equipment arrives in Wilsonville between 11:00 am and 2:00 pm. d. A representative will be available to receive the Equipment when returned by Borrower's representative to Tigard on July 22, 2019 between 9:00 am and 11:00 am or other mutually agreed upon date/time. 3. Borrower agrees: a. To coordinate pick up and return of bikes with representative at Tigard. b. Arrange and confirm pick up of Equipment from Tigard 48 hours in advance. c. Arrange and confirm return of Equipment to Tigard 48 hours in advance. Page 3