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Res 2005-105
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Res 2005-105
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Last modified
4/25/2006 1:31:01 PM
Creation date
4/25/2006 1:23:47 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2005-105
Date
8/16/2005
Volume Book
162
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<br />The City of San Marcos Facilities Service Contract <br /> <br />(5) other similar contract administration matters. Notwithstanding the foregoing, a Contract <br />Administration Memorandum shall not be required for day-to-day operational issues. <br />(C) Procedures. Either party may request the execution of a Contract <br />Administration Memorandum. When resolution of the matter is reached, a Contract <br />Administration Memorandum shall be prepared by the Company reflecting the resolution. The <br />Contract Administration Memorandum shall be numbered, dated, signed by the Contract <br />Representative of each party, and co-signed by a Senior Supervisor for the Company and by the <br />Director of Water and Wastewater Utilities for the City. The City and the Company each shall <br />maintain a parallel, identical fIle of all Contract Administration Memoranda, separate and <br />distinct from all other documents relating to the administration and performance of this <br />Service Contract. <br />(D) Effect. Executed Contract Administration Memoranda shall serve to <br />guide the ongoing interpretation, application and performance of this Service Contract. Any <br />material change, alteration, revision or modification of this Service Contract, however, shall be <br />effectuated only through a formal Service Contract amendment authorized, approved or ratified <br />by the City Council in accordance with Applicable Law and properly authorized by the <br />Company. <br /> <br />SECTION 15.3. CONTRACT REPRESENTATNES. (A) Company's Contract <br />Representative. The Company shall identify an individual (the "Contract Representative") who <br />may be contacted by the City immediately at any time on a 24-hour per day, 7-day per week, <br />365-day per year basis, for emergency response, information, or any other purpose hereunder. <br />The Company shall provide the City at all times with current communication information <br />(business telephone, mobile telephone, fax, beeper, e-mail) for the individual serving as the <br />Contract Person. The Company's Contract Representative may also be the Company's <br />Facilities Manager. <br />(B) City's Contract Administrator. The City shall designate an individual or <br />fIrm to administer this Service Contract and act as the City's liaison with the Company in <br />connection with the Contract Services (the "Contract Administrator"). The Company <br />understands and agrees that the Contract Administrator has only limited authority with <br />respect to the implementation of this Service Contract, and cannot bind the City with respect to <br />any Service Contract amendment or to incurring costs in excess of the amounts appropriated <br />therefor. Within such limitations, the Company shall be entitled to rely on the written <br />directions of the Contract Administrator. <br />(C) City Approvals and Consents. When this Service Contract shall require <br />any approval or consent by the City to a Company submission, request or report, the approval <br />or consent shall be given by the Contract Administrator in writing and such writing shall be <br />conclusive evidence of such approval or consent, subject only to compliance by the City with <br /> <br />100 <br />
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