Res 2005-127 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Service Contract Water Treatment Facilities Article XI - Breach. Default. Remedies and Termination (17) notify the City promptly in writing of any Legal Proceedings against the Authority by any Subcontractor or other third parties relating to the termination of the Contract Services (or any Subcontracts); (18) arrange its employee benefits in such a way that no accrued benefit liability will bind the City in the event that an Authority employee accepts employment with the City following the Termination Date; and (19) take such other actions, and execute such other documents as may be necessary to effectuate and confIrm the foregoing matters, or as may be otherwise necessary or desirable to minimize the City's costs, and take no action which shall increase any amount payable to the City under this Service Contract. (B) Hiring of Authority Personnel. Upon the termination or expiration of this Service Contract under any provision hereof, the City or any successor operator of the Facilities designated by the City may offer employment on any terms it may choose to any Authority employee employed full time at the Facilities. No Authority employment agreement, letter or similar document may contravene this right. The City or its designated successor operator shall extend any such job offer within 10 days of the expiration or termination of this Service Contract. The Authority shall assist and cooperate with any such employee transition. (C) Continuity of Service and Technical Support. Upon the termination of the Authority's right to perform this Service Contract under Section 11.2, 11.3, or 11.4 or upon the expiration of this Service Contract under Section 3.1, the Authority shall provide for an effective continuity of service and the smooth and orderly transition of management back to the City or any replacement operator designated by the City. Such service shall be for a period of up to 60 days and shall include providing technical advice and support and delivering any plans, drawings, renderings, blueprints, operating manuals, computer programs, or other information useful or necessary for the City or any replacement operator designated by the City to perform the Contract Services. The Authority shall provide technical advice and support only after providing the City with an estimate of the cost involved, and receiving written direction to proceed from the City. The City, after providing direction to proceed to the Authority, shall pay the Authority's actual reasonable costs associated with providing technical advice and support. (D) Authority Pavment of Costs. Upon the termination or expiration of this Service Contract, the Authority shall be obligated to pay the costs and expenses of undertaking its obligations under subsection 11.5(A). If the Authority fails to comply with any obligation under this Section, the City may perform such obligation and the Authority shall pay on demand the City's reasonable costs thereof subject to Cost Substantiation. SECTION 11.6. SURVIVAL OF CERTAIN PROVISIONS UPON TERMINATION. All representations and warranties of the parties hereto contained in Article II hereof and the 78