RES 85282 - Laserfiche WebLink

WHEREAS, due to the condition of the Old Facilities, the lengthy time likely required for their upgrading, and the risk of injury or death and damage to property (including fines) brought about by the condition of the Old Facilities and the circumstances of their location, CITY will agree to operate and maintain the Old and New Facilities only if assured ~y COUNTY that CITY will be immune from any and all costs, fines, or liability arising from or relating to said facilities, except for those relating directly to an act of active negligence of CITY in affirmatively performing operation and maintenance functions. NOW, THEREFORE, the parties agree as follows: 1. Maintenance of New Facilities. CITY, to the best of its ability and in consonance with the operation of its facilities, shall operate and maintain the New Facilities in accordance with the Plan of Operation approved by the State. Said operation and maintenance shall include responding to any emergency in order to keep the New Facilities operational. 2. Maintenance of Old Facilities. CITY, to the best of its ability and in consonance with the operation of its facilities, shall maintain the Old Facilities, and any additions and/or extensions thereof, as necessary to keep the Old Facilities functioning. Said maintenance shall include responding to any emergency in order to keep the Old Facilities functioning. 3. Upgrading of Old Facilities. (a) CITY will perform as soon as is feasible following execution of this Agreement, smoke tests and television surveillance of the Old Facilities, and shall prepare a report for the COUNTY with recommendations for upgrading the Old Facilities to minimize the extraneous flows and to minimize maintenance required on the system. Said report shall specify the improvements/repairs, time schedule for their accomplishment, and the priority of improvements/repairs necessary for operation and maintenance of the system. -2-