RES 17-056 AUTHORIZING THE COOPERATIVE AGREEMENT BY AND BETWEEN THE CITY OF ST. ANTHONY AND THE MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION FOR THE ST. ANTHONY STORMWATER TREATMENT AND RESEARCH FACILITY

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FINAL 7/14/2017 WHEREAS, it is the intent of the parties that the Facility will be maintained and operated in accordance with the O &M Plan; WHEREAS, in order to help ensure the Facility's purpose is maximized, the MWMO desires to be involved with its ongoing operation and maintenance; and WHEREAS, it is the purpose of this Agreement to document the understandings and agreements of the parties as to their respective obligations related to the maintenance and operation of the Facility, establish procedures for performing these tasks and responsibilities, and facilitate communication and cooperation among the parties to ensure successful implementation of the Facility's treatment technologies in order to manage stormwater and improve water quality in the Mississippi River. AGREEMENT NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereafter set forth, the City and the MWMO hereby agree as follows: 1. Responsibilities, Performance Guidelines and Ownership 1.1 Responsibilities. The maintenance and operation of the Facility involves numerous specific tasks to be performed by the parties. Each party agrees to fulfill its obligations under this Agreement in a coordinated and timely manner to help ensure the Facility continues to operate and provide the contemplated treatment and research opportunities. 1.2 O &M Plan. The parties agree that the maintenance and operation of the Facility shall be guided by the O &M Plan. During the start-up and research phase(s), the O &M Plan may be modified by mutual written agreement of the parties. The parties agree that if research terminates at the Facility, the O &M Plan addressing the secondary treatment responsibilities will no longer be enforced and Primary Treatment responsibilities will be reviewed in connection with this event. The MWMO retains the right to restart research in the Secondary Treatment chamber (in accordance with Section 2.6). In that event, the O &M Plan will again be modified to reflect the new responsibilities and performance guidelines. The MWMO will resume performance of Secondary Treatment Component operations and maintenance, as described in Section 2.4. All amendments to the O &M Plan are incorporated in, and made part of this Agreement, by reference. 1.3 Warranty Work. Requests for warranty work, repairs, or material replacements at the Facility to be performed by the contractor that constructed the Facility or by any material supplier, can be made by either party. 2. Ownership and Maintenance Responsibilities Each of the parties shall have distinct responsibilities in the operation of the Facility as set out in this Section. Each party shall be responsible for the costs to undertake their respective