Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract "Contract Administration Memorandum" has the meaning set forth in subsection 14.2(B). "Contract Administrator" has the meaning specified in Section 14.3. "Contract Date" means the date this Service Contract is executed and delivered by the parties hereto. "Contract Representative" means, in the case of the Company, the individual specified in writing by the Company as the representative of the Company from time to time for all purposes of this Service Contract and, in the case of the City, the Director of Water and Wastewater Utilities or such other representative as shall be designated in writing by the City from time to time. "Contract Services" means everything required to be fumished and done for and relating to the Facilities by the Company pursuant to this Service Contract during the Term hereof. Contract Services include the employment and fumishing of all labor, materials, equipment, supplies, tools, storage, transportation, insurance, delivery and other things and kinds of services whatsoever necessmy for the full performance of the Company's operation, maintenance, repair, replacement, management, sludge disposal and related obligations under this Service Contract, and all of the Company's administrative, accounting, record-keeping, reporting, notification and similar responsibilities of every kind whatsoever under this Service Contract pertaining to such obligations. "Contract Standards" means the terms, conditions, methods, techniques, practices and standards imposed or required by: (1) Applicable Law; (2) the Performance Guarantees; (3) Good Industry Practice; (4) the Operation and Maintenance Manual; (5) applicable equipment manufacturers' recommendations; (6) applicable Insurance Requirements; and (7) any other standard, term, condition or requirement specifically provided in this Service Contract to be observed by the Company. Subsection 1.2 (N) shall govern issues of interpretation related to the applicability and stringency of the Contract Standards. "Contract Year" means the City's fiscal year commencing on October 1 in any year and ending on September 30 of the following year; provided, however, that the first Contract Year shall commence on the Commencement Date and shall end on the following September 30, and the last Contract Year shall commence on October 1 prior to the date this Service Contract expires or is terminated, whichever is appropriate, and shall end on the last day of the Term of this Service Contract or the effective date of any termination, whichever is appropriate. Any computation made on the basis ofa Contract Year shall be adjusted on a pro rata basis to take into account any Contract Year of less than 365 days. "Corrective Maintenance" means (i) maintenance activities that correct a fault or problem, such as the repair or replacement of equipment with like kind equipment due to a 7