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 responsibilities under this Agreement, including the maintenance responsibilities under this Section. 2.1 Ownership of the Facility. The ownership of the Facility shall remain with the City, who is the holder of the NPDES MS4 permit covering this Facility. 2.2 General Operations and Maintenance Responsibilities. The City shall be responsible for ongoing general operations and maintenance of the Facility once it is completed. The MWMO shall perform select operation and maintenance activities as described below. At all times, the City shall be solely responsible for maintenance of the Physical Structure. 2.3 Operations and Maintenance during Start -up and Initial Research Phase. The MWMO will perform operations and maintenance of the Primary Treatment Components, Secondary Treatment Components and Additional Treatment Components during the start-up and initial research phases. Operations and maintenance will be performed in reasonable accordance with the O &M Plan (attached as Exhibit B). The MWMO will keep the City informed of its findings and actions, related to operations and maintenance, during this time. For the purposes of this Agreement, the start-up and initial research phase shall run from the completion of the Facility until December 31, 2020. 2.4 Operations and Maintenance following the Start-up and Initial Research Phase. Following the start-up and initial research phases, as defined in Section 2.3, the City shall be solely responsible for the operations and maintenance of the Primary Treatment Components. The MWMO shall continue performing operations and maintenance of the Secondary Treatment Components and Additional Treatment Components. Again, operations and maintenance will be performed in accordance with the O &M Plan (attached as Exhibit B). Should the MWMO choose to suspend research in the Secondary Treatment Site, the City will remain responsible for operations and maintenance of the Primary Treatment Components and the Physical Structure. The City will take over operations and maintenance of the Additional Components. Should the MWMO subsequently choose to reinstate research in the Secondary Treatment Site (in accordance with Section 2.6), they will resume performing operations and maintenance of the Secondary Treatment Components and Additional Treatment Components. 2.5 Inspections. During the start-up and initial research phases, the City will take part in the inspections of the Facility and observe all maintenance activities. Following the start- up and initial research phases, the MWMO shall be allowed an opportunity to take part in the Primary Treatment Component inspections to gather data as it deems necessary in reasonable accordance with the O &M Plan. The MWMO may also access the properties on which the Facility is located as needed to place, maintain, and read its monitoring equipment. 2.6 Secondary Treatment Site Treatment Technology. The MWMO may, at its own cost and as it determines it appropriate, install and operate different technologies in the Secondary Treatment Component to improve treatment at the Facility. The MWMO agrees to present any proposed changes to the City at least 60 days prior to initiating any such work. The City agrees to work cooperatively with the MWMO as needed to facilitate the installation of the new treatment technology by the MWMO.