Res 2005-127 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Service Contract Water Treatment Facilities Operations Article VIII - Maintenance. Repair and Replacement manufacturer's written warranties on new equipment purchased and installed in the Facilities by the City or by the Authority, and shall be the agent of the City in enforcing any written equipment warranties and guarantees. The Authority shall not be required to commence or maintain any litigation with respect to such warranties or guarantees, but may do so in its discretion. The Authority shall cooperate with and provide staff assistance to the City if the City seeks to enforce warranties and guarantees through litigation. SECTION 8.8. LOSS. DAMAGE OR DESTRUCTION TO THE FACILITIES. (A) Prevention and Repair. The Authority shall use care and diligence, and shall take appropriate precautions, to protect the Facilities from loss, damage or destruction. The Authority shall report to the City promptly upon obtaining knowledge thereof, any loss, damage or destruction to the Facilities and as soon as practicable thereafter shall submit a report to the City. The Authority shall also submit to the City within 24 hours of receipt copies of all accident and other reports filed with, or given to the Authority by, any person, insurance entity, adjuster or Govemmental Body. The parties shall cooperate so as to promptly commence and proceed with due diligence to complete the repair, replacement and restoration of the Facilities to at least the character and condition thereof existing immediately prior to the loss, damage or destruction, in accordance with and subject to the procedures set forth in Article IX and Article XII, as applicable. The City shall have the right to monitor, review and inspect the performance of any repair, replacement and restoration work implemented by the Authority . (B) Insurance and Other Third Party Payments. To the extent that any repair, replacement or restoration costs incurred pursuant to this Section can be recovered from any insurer or from another third party, each party shall use due diligence in attempting to recover such costs from the insurer or third party, and each party shall assist the other in exercising such rights as it may have to effect such recovery. Each party shall provide the other with copies of all relevant documentation at no cost to the other party, and shall cooperate with and assist the other party upon request by participating in conferences, negotiations and litigation hearings regarding insurance claims. (C) Uninsured Costs. The City shall provide all funds (except as provided by subsection 12.2(E) with respect to the Authority's obligation to cost-share in the event of Uncontrollable Circumstances) necessary to pay the costs of repairing, replacing and restoring the Facilities in accordance with this Section and all insurance proceeds and recoveries from third parties resulting from damage to or the loss or destruction of the Facilities shall be for the account of the City, provided, however, that such costs not covered by insurance proceeds or third party payments shall be bome by the Authority to the extent the loss, damage or destruction was not caused by Uncontrollable Circumstances or City Breach. 60