Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract (H) Completion or Continuance by City. After the date of any termination under this Section, the City may at any time (but without any obligation to do so) take any and all actions necessary or desirable to continue and complete the Contract Services so terminated, induding entering into contracts with other operators and contractors. (I) Employment. Upon the exercise by the City of its right of convenience termination under this Section, the City shall have the right to offer, or cause any successor operator of the Facilities to offer, employment to employees of the Company then employed at the Facilities as set forth in subsection 12.6(B), except as limited by this Service Contract. SECTION 12.8. OHLIGATIONS OF THE COMPANY UPON TERMINATION OR EXPIRATION. (A) Company Obligations. Upon a termination of the Company's right to perform this Service Contract under Section 12.2 or 12.7 or upon the expiration of this Service Contract under Section 3.1, the Company shall, as applicable: (1) stop the Contract Services on the date and to the extent specified by the City; (2) promptly take all action as reasonably necessary to protect and preserve all materials, equipment, tools, facilities and other property; (3) promptly remove from the Facilities all equipment, implements, machinery, tools, temporary facilities of any kind and other property owned or leased by the Company (including sheds, trailers, workshops and toilets), and repair any damage caused by such removal; (4) leave the Facilities in a neat and orderly condition; (5) subject to subsection (H) of this Section, promptly remove all employees of the Company and any Subcontractors and vacate the Facilities; (6) with respect to Capital Modifications, promptly deliver to the City a list of all supplies, materials, machinery, equipment, property and special order items previously delivered or fabricated by the Company or any Subcontractor but not yet incorporated in the Facilities; (7) deliver to the City the Operation and Maintenance Manual and all computer programs and database f1les used at the Facilities in the performance of Contract Services, including all revisions and updates thereto, and excluding any Company Proprietary Information; (8) deliver to the City a copy of all books and records in its possession relating to the performance of the Contract Services; (9) deliver to the City fully updated maps of the Facilities; (10) provide the City with a list of all f1les, and access and security codes with instructions and demonstrations which show how to open and change such codes; 89