Agmt12 City/County Association of Governments C/CAG

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G. If CITY is aware of the Project equipment damage caused by a third party, CITY shall notify C/CAG and cooperate in C/CAG's pursuit of remedies against the offending party. H. "Maintenance"in reference to the Project equipment shall include but is not limited to the following tasks: adopt a performance-based approach, establish a proactive annual maintenance program, perform regular maintenance,repairs and replacements, and assure equipment is functioning properly. I. Maintenance programs established for the Project equipment shall in no way be a standard of maintenance higher that that required by law. J. Maintenance service shall be scheduled on an annual basis. K. For all fiber conduits that are part of the Project, the City is responsible to protect the communication lines by marking the location of these lines on construction plans for City-initiated construction and by marking the locations in the field during City-initiated construction. The City shall be responsible to repair any damage to the communication lines caused by City Staff and contractors working for the City. The City is also required to include the following language in any encroachment permits granted to any third party working in the City's right of way. "Fiber optic communication lines are present in the City right of way. It is the responsibility of the contractor to protect the integrity of those communication lines during construction. The contractor shall be liable for all damages to the communication lines. Through the application and granting of the encroachment permit, the City/ County Association of Governments (C/CAG) is specifically authorized to pursue any claims against the contractor for the cost to repair any damage caused to the fiber optic communication lines." L. For communication line damage caused by construction activities not under permit, as owner,the City shall maintain this facility in a similar manner to that of other City-owned utilities. C/CAG shall be responsible for repair and maintenance of any malfunction of the communication lines not related to construction and maintenance activities. 6. Funding for Maintenance Activities C/CAG shall seek to secure the necessary funding required for maintaining the New Equipment located within CITY's right-of-way. 7. Term of Agreement This Agreement shall be effective as of the date on which the Conditions Precedent, as identified in Section 1 above, is met and continue until December 31, 2060,unless sooner terminated, or otherwise extended,by the agreement of the parties. ATTY/AGR/2012.025/SMART CORRIDORS CCAG REV:03-15-12 VR Page 5 of 7