Common use of Maintenance of Facilities Clause in Contracts

Maintenance of Facilities. a. The MAINTAINING AGENCY shall maintain the Facilities listed in Exhibit A. The Facilities may include lighting for roadways, as well as park and ride, pedestrian overpasses, and recreational areas owned by or located on the property of FDOT. The Facilities shall not include lighting located in weigh stations, rest areas, or on Interstate highways. The location and type of lighting to be maintained pursuant to this Agreement is set forth in Exhibit A. Any changes or modifications to Exhibit A must be in writing and signed by both FDOT and the MAINTAINING AGENCY. Any Facilities added to Exhibit A during the FDOT’s fiscal year shall be maintained and operated by the MAINTAINING AGENCY upon the FDOT’s final acceptance of installation of any new lighting and/or lighting systems. Prior to the start of each new fiscal year, the MAINTAINING AGENCY and FDOT shall amend Exhibit A to reflect any changes to the Facilities, including addition, removal, or change in lighting type maintained pursuant to this Agreement. The MAINTAINING AGENCY will be compensated for Facilities added to Exhibit A by amendment of this Agreement in the FDOT’s fiscal year occurring after the lighting and/or lighting systems are installed and final acceptance of such installation is given by FDOT. In the event that no change is made to the previous year’s Exhibit A, a certification from the MAINTAINING AGENCY shall be provided to FDOT certifying that no change has been made to Exhibit A during FDOT’s previous fiscal year. Unless stated otherwise, all references to fiscal years within this agreement refer to FDOT’s fiscal year, beginning July 1st and ending June 30th. b. In maintaining the Facilities, the MAINTAINING AGENCY shall perform all activities necessary to keep the Facilities fully operating, properly functioning, with a minimum of 90% of the lights burning for any lighting type (e.g., high mast, standard, underdeck, and sign) or roadway system at all times in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of nature. Required maintenance includes, but is not limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Facilities (including the poles and any and all other component parts installed as part of the Facilities), and locating (both vertically and horizontally) the Facilities. All repairs or replacement will be in kind unless a variance is approved in writing by FDOT. c. All maintenance must be in accordance with the provisions of the following:

Maintenance of Facilities. a. The MAINTAINING AGENCY 6.1 HRSB shall maintain the Facilities listed School and Community Centre to an industry standard level which ensures HRM’s ability to conduct quality recreation programs for community members. 6.2 For greater certainty, HRSB shall be responsible for all interior operating and maintenance costs (including heat, hot water, electricity, custodial services, etc.) and all exterior operating and maintenance costs (including landscaping, snow removal, garbage removal, etc.) for both the School and the Community Centre. 6.3 On a monthly basis, HRM shall reimburse HRSB an amount equal to 13.4% of the costs incurred by HRSB in Exhibit A. The Facilities may include lighting the previous month in accordance with sections 6.1 and 6.2 above. 6.4 Subject to sections 9 and 10 of this Agreement, HRSB shall be responsible for roadwaysand shall pay for all repairs, replacements and capital improvements relating solely to the School; and HRM shall pay for all repairs, replacements and capital improvements relating solely to the Community Centre. 6.5 Subject to sections 9 and 10 of this Agreement, where repairs, replacements or capital improvements relate to or affect both the School and the Community Centre, the costs thereof shall be shared by HRSB and HRM as agreed to by the parties (with HRM typically contributing 13.4%). If the parties cannot agree on the necessity or apportionment of such costs, the parties will submit to the Dispute Resolution process outlined in section 11 of this Agreement to determine same. 6.6 HRSB custodial staff shall be scheduled by HRSB to meet the needs for cleaning the School and Community Centre based on an assessment of space size and use, as well as park and rideper the current HRSB Operations Services formula, pedestrian overpassesand/or future formulas. Under the current formula HRSB custodial staff will maintain the Facilities from 7:00 am to midnight, Monday through Friday during the Academic Year, and recreational areas owned by or located on the property of FDOT. The Facilities shall not include lighting located in weigh stations, rest areas, or on Interstate highways. The location and type of lighting to be maintained pursuant to this Agreement is set forth in Exhibit A. Any changes or modifications to Exhibit A must be in writing and signed by both FDOT and the MAINTAINING AGENCY. Any Facilities added to Exhibit A at different and/or reduced hours Monday through Friday during the FDOT’s fiscal year shall summer months. 6.7 Weekend access to custodial staff will be maintained and operated coordinated through HRSB. HRM agrees to reimburse HRSB for a minimum of 10 hours of part-time custodial staff per weekend when required by the MAINTAINING AGENCY upon the FDOT’s final acceptance HRM. Additional specifics of installation these needs will be coordinated annually as per Section 4.0 of any new lighting and/or lighting systems. Prior to the start of each new fiscal year, the MAINTAINING AGENCY and FDOT shall amend Exhibit A to reflect any changes to the Facilities, including addition, removal, or change in lighting type maintained pursuant to this Agreement. The MAINTAINING AGENCY will It is further understood that there is not a need for custodial staff to be compensated for Facilities added to Exhibit A by amendment of this Agreement in the FDOT’s fiscal year occurring after the lighting and/or lighting systems are installed and final acceptance of such installation is given by FDOT. In the event that no change is made to the previous year’s Exhibit A, a certification from the MAINTAINING AGENCY shall be provided to FDOT certifying that no change has been made to Exhibit A during FDOT’s previous fiscal year. Unless stated otherwise, all references to fiscal years within this agreement refer to FDOT’s fiscal year, beginning July 1st and ending June 30th. b. In maintaining the Facilities, the MAINTAINING AGENCY shall perform all activities necessary to keep the Facilities fully operating, properly functioning, with a minimum of 90% of the lights burning for any lighting type (e.g., high mast, standard, underdeck, and sign) or roadway system present at all times when the Community Centre is operational for community purposes. However, HRSB may require that custodial services are required to support designated programming, which may result in accordance additional hours at regular or overtime rates. 6.8 Staff and contractors performing maintenance duties for either Party must be diligent in their attention to the operations and the Students and Community Centre guests at each Facility. 6.9 All work on site shall be performed in a respectful manner. 6.10 Upon arrival at the site, contractors shall inform the Principal and the Community Centre Manager, who shall determine what times, if any, the work should be stopped to accommodate the Students or Community Centre guests. 6.11 HRM agrees to adhere to the Fire Safety Plan and Regulations as outlined for the School through the HRSB. 6.12 HRM agrees to work cooperatively with the original design thereof, whether necessitated by normal wear Principal in the execution of required fire drills at the Community Centre and tear, accidental or intentional damage, or acts of nature. Required maintenance includes, but is not limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of in the Facilities (including the poles and any and all other component parts installed as part of the Facilities), and locating (both vertically and horizontally) the Facilities. All repairs or replacement will be in kind unless a variance is approved in writing by FDOTSchool. c. All maintenance must be in accordance with the provisions of the following:

Maintenance of Facilities. a. During the term of this agreement, the DISTRICT shall, at its own cost, maintain the gymnasium in a manner such that it will not deteriorate from its condition at the beginning of the term of this agreement, normal wear and tear excepted. The MAINTAINING AGENCY DISTRICT will be responsible for maintenance of the following: yearly refinishing of the gymnasium floor as needed, bleachers, court or area dividers, basketball and volleyball standards, and all electrical, mechanical, and plumbing systems. The preceding items are intended as an illustrative, but non-comprehensive list. In addition, the DISTRICT shall maintain the Facilities listed in Exhibit A. parking area and walkways so that accessibility to the gymnasium is feasible. b. The Facilities may include lighting DISTRICT shall provide access to restroom facilities within the gymnasium to the CITY during all CITY use hours. Maintenance and upkeep (including custodial services and stocking/re-stocking of paper products and soap, for roadways, as well as park and ride, pedestrian overpasses, and recreational areas owned by or located on example) of the property restroom facilities shall be the responsibility of FDOTthe DISTRICT. The Facilities shall not include lighting located in weigh stations, rest areas, or on Interstate highways. The location and type of lighting to be maintained pursuant to this Agreement is set forth in Exhibit A. Any changes or modifications to Exhibit A must be in writing and signed by both FDOT and the MAINTAINING AGENCY. Any Facilities added to Exhibit A during the FDOT’s fiscal year CITY shall be maintained and operated by responsible for light cleaning of the MAINTAINING AGENCY upon the FDOT’s final acceptance of installation of any new lighting and/or lighting systems. Prior to the start of each new fiscal year, the MAINTAINING AGENCY and FDOT shall amend Exhibit A to reflect any changes to the Facilities, including addition, removal, or change in lighting type maintained pursuant to this Agreement. The MAINTAINING AGENCY will be compensated for Facilities added to Exhibit A by amendment of this Agreement restroom facilities in the FDOT’s fiscal year occurring event the restrooms require minor custodial services after or during CITY use of the lighting and/or lighting systems are installed and final acceptance of such installation is given by FDOT. facilities. c. In the event that no change is made to the previous year’s Exhibit ACITY, a certification from CITY-sponsored, or CITY-supervised group or organization damages the MAINTAINING AGENCY gymnasium or breaks or damages any gymnasium equipment or fixture, the CITY shall be provided to FDOT certifying that no change has been made to Exhibit A during FDOT’s previous fiscal yearresponsible for the cost of the repair or replacement thereof. Unless stated otherwise, all references to fiscal years within this agreement refer to FDOT’s fiscal year, beginning July 1st and ending June 30thThe DISTRICT shall be responsible for performing or arranging for the actual repair or replacement thereof. b. d. In maintaining the Facilitiesevent that the DISTRICT, DISTRICT-sponsored, or DISTRICT-supervised group or organization damages the gymnasium or breaks or damages any gymnasium equipment or fixture, the MAINTAINING AGENCY DISTRICT shall perform all activities necessary to keep the Facilities fully operating, properly functioning, with a minimum of 90% be responsible for and performance of the lights burning for any lighting type (e.g., high mast, standard, underdeck, and sign) repair or roadway system at replacement thereof. e. The DISTRICT shall make all times in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of nature. Required maintenance includes, but is not limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Facilities (including the poles and any and all other component parts installed as part of the Facilities), and locating (both vertically and horizontally) the Facilities. All repairs or replacement will be in kind unless a variance is approved in writing by FDOTtimely manner so as to not disrupt already scheduled events and programs. c. All maintenance must be in accordance with f. Food and beverage (other than water) is not allowed inside the provisions of the following:gymnasium.