CC PACKET 08082017 - Laserfiche WebLink

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FINAL 7/14/2017 5 2.7 Monitoring Equipment. The MWMO may, at its own cost, install and maintain monitoring equipment in the Facility as it deems necessary. Such equipment shall not interfere with the functionality of the Facility. The MWMO will inform the City of any monitoring equipment installed at the Facility prior to installation. The MWMO agrees to present any proposed changes to the City at least 6030 days prior to initiating any such work. Any monitoring equipment installed by the MWMO shall remain the property of the MWMO and the MWMO shall maintain and control any such equipment. 2.8 Insurance. The City, as owner of the Facility, shall be responsible for insuring the Facility. The MWMO shall be responsible for insuring it monitoring equipment and any equipment associated with the Secondary Treatment Components. 3. Dispute Resolution In the event a dispute arises between the parties with regard to rights and responsibilities under this Agreement, the parties agree to first attempt to resolve the dispute among themselves through discussions between their respective supervisory staff persons. If the dispute cannot be resolved in this manner, the parties may agree to submit to mediation to seek resolution. 4. Termination The Agreement shall terminate upon the mutual written agreement of the parties or upon the final decommissioning of the Facility. Facility decommissioning shall be done to the satisfaction of the requirements established by the parties. 5. Amendments No modification of this Agreement shall be effective unless it is reduced to writing and signed by all of the parties hereto. 6. Notice Notices to the parties to this Agreement shall be given by hand delivery or first class mail addressed to the MWMO Administrator and the City Manager for the City, or such other persons as the party may designate in writing. 7. Liability Each party is responsible for its own acts and the results thereof to the extent authorized by law and a party is not responsible for the acts or omissions of the other party or the results thereof. Notwithstanding this provision, to the fullest extent permitted by law, the City will defend, hold harmless, and indemnify the MWMO, its officials, employees, and agents from and against all claims, damages, losses, and expenses, including but not limited to attorney fees, arising out of or resulting from City’s failure to maintain the Facility in accordance with the O&M Plan as required by this Agreement. The MWMO and the City’s liability shall be 19