Res 2005-127 - Laserfiche WebLink

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ARTICLE VI MANAGEMENT AND OPERATION SECTION 6.1. OWNERSHIP AND USE OF THE FACILITIES. (A) City Ownership. Subject to parties rights and obligations under the Regional Agreement, the System, the Facilities, all Capital Modifications, and all equipment used or installed by the Authority are and shall be owned by the City throughout and following the Term of this Service Contract, and the Authority shall have no ownership interest therein by virtue of this Service Contract. The Authority shall perform the Contract Services as an independent contractor and shall not have any legal, equitable, tax beneficial or other ownership or leasehold interest in the System, the Facilities, or any Capital Modification by virtue of this Service Contract. The Authority may however from time to time utilize some of its own vehicles or equipment in the performance of its Service Contract obligations without those vehicles or equipment becoming the property of the City. (B) Use. During the Term hereof, the Authority may enter upon, occupy and use the Facilities to operate, maintain, repair, replace and manage the Facilities, and to design, construct, install and start-up any Capital Modifications approved by the City, all to provide the Contract Services in accordance herewith, and for no other purpose. The Authority shall keep the Facilities in good working order and condition in light of their intended use hereunder. (C) Use of Transferred Property. The Authority shall have the right to use and consume in the performance of the Contract Services at the Facilities the spare parts and Consumables constituting part of the Transferred Property. (D) City Access to Facilities. The City shall have the right at any time, on a 24-hour per day, 365-day per year basis, to visit and inspect the Facilities and observe and assess the Authority's performance of the Contract Services. The Authority shall allow and facilitate access to the Facilities for such purposes by authorized City personnel and by agents and contractors designated by the City. Keys or passwords, as applicable, for the facilities or structures constituting the Facilities shall be provided to the City's Contract Administrator by the Authority in accordance with the Authority's physical security plan and key control program. All City employees, agents and contractors, and all visitors shall compIy with the Authority's reasonable operating and safety procedures and rules, and shall not interfere with the Authority's operations of the Facilities. When visiting any portion of the Facilities that is staffed by the Authority at the time of the visit, all City employees, agents and contractors shall announce themselves to the staff, and Authority employees may elect to accompany any City employees, agents and contractors during the visit. The parties agree that the City (but not its agents and contractors) shall have immediate access to the Facilities, and no Authority rule or 32