Resolution 2019-03 - Laserfiche WebLink

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District agrees to provide the City with complete test results, including OTDR tests, on all the Dedicated City Fiber. If the test results indicate the fiber strands provided to the City are not acceptable to the City, the District agrees to take required actions to cause all fiber strands to conform to the specifications as set forth on Exhibit C, within thirty (30) days of receiving notice from the City, D. Laterals. Subject to this Agreement, either Party may engineer and construct a lateral connecting the District Network to any of its facilities at its own cost, at any time provided an addendum to this Agreement is approved by the District and the City. A Party seeking to develop a lateral on property outside of the City must obtain the appropriate permit from the property owner for any work in the public right of way. If a Party damages either the City Conduit or the Dist -net Network by the addition or operation of a lateral, that Party agrees to be responsible for repairing such damage to the infrastructure. The Parties agree to cooperate in the development of future laterals. E. Physical Inspection of Conduit by District. Prior to any installation of any Fiber in City Conduit, the City agrees to provide the District the opportunity to perfonn a physical inspection of the City Conduit, or any portion thereof, by rodding and roping or other method acceptable to the District that will not damage the conduit. If the City Conduit is not continuous and capable of the installation of the fiber optic cable, the District shall give notice to City of any problems with the conduit. The District shall repair, at its expense, any City Conduit that is not continuous or capable of the installation of fiber optic cable, and any City Conduit damaged by the District's activities permitted under this Agreement. F. As -Built Drawings. The District provided the City with "As -Built" drawings for the District Network in accordance with the provisions of the Design and Construction Standards. If the District modifies or expands the District Network in accordance with the terms of this Agreement, the District shall provide the City with update As -Built drawings, which shall be used to prepare an updated Exhibit C, which upon acceptance by the City, shall be appended hereto and incorporated herein by this reference. G. Maintenance and Repair Responsibilities. The District will be responsible for maintenance and repair of all City Conduit, District owned fiber optic cable and locate wire constructed and installed within the District Network as shown on Exhibit A and B, including the Dedicated City Fiber. Each party shall pay its proportionate share of all costs of such maintenance based on the number of fibers owned by that party in the fiber optic cable. Upon request by the District, the City, or its successor in interest, shall pay such amounts to the District and the District shall disburse such payments to pay for materials and labor reasonably required and actually provided in connection with such maintenance activities. The District shall provide the City with prior written notice of intended maintenance activities and the estimated costs thereof. Maintenance and repairs of laterals or spurs installed for the City by the District shall be the responsibility of the City. Maintenance and repairs of laterals or spurs installed for the District's use shall be the responsibility of the District. The City reserves the right to repair or cause repairs, at the District's expense, to the Dedicated City Fiber if the District fails to promptly repair damaged District Network. The District shall reimburse the City within thirty days of receipt of an invoice for the repairs. 5