Laserfiche WebLink
<br />City of San Marcos/Guadalupe-Blanco River Authority <br />Water Treatment Facilities <br /> <br />Service Contract <br />Article VI - Management and Operation <br /> <br />possession of the Facilities and perform the Authority's operations obligations. The City may <br />operate the Facilities pursuant to this Section by using City employees, or Authority employees <br />assigned to the Facilities (with their consent), or by hiring a subcontractor. If the failure, <br />refusal or inability of the Authority to operate the Facilities as described above is not the result <br />of Uncontrollable Circumstances or the result of the acts, actions or omissions of the City or <br />any person or entity acting for or on behalf of the City, payment of the Service Fee shall be <br />suspended (except for the costs of Authority employees used by the City, if any,) during the <br />period of the failure, refusal or inability to operate the Facilities, and the Authority shall <br />reimburse the City for the amount of any costs and expenses incurred by the City in operating <br />the Facilities which exceed the suspended Service Fee amount. If such failure, refusal or <br />inability is the result of an occurrence covered by insurance, the City and the Authority shall <br />determine the extent to which the insurance proceeds cover their respective costs and <br />obligations related to the failure, refusal or inability, and shall distribute the insurance <br />proceeds accordingly. The City may require the Authority to resume its operating obligations <br />at any time. <br /> <br />SECTION 6.17. COST REDUCTION AND SERVICE IMPROVEMENT. In the <br />event either party offers the other party any idea, approach or concept for lowering the <br />Authority's cost, reducing the City's Service Fee or total costs, or improving the Authority's <br />service, the other party shall reasonably consider and explore the development and <br />implementation of the concept. Neither party shall be obligated to negotiate or to agree to <br />amend this Service Contract to effectuate any such idea, approach or concept except in its sole <br />discretion and upon terms and conditions acceptable to it. <br />SECTION 6.18. LANDSCAPING. The Authority shall maintain the landscaping <br />at the Facilities, including utilization of a landscape irrigation system, to enhance the <br />appearance of the Facilities. <br /> <br />48 <br />