Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract ARTICLE VII MANAGEMENT AND OPERATION SECTION 7.1. OWNERSHIP AND USE OF THE FACILITIES. (A) City Ownership. The Facilities, all Capital Modifications and all City Capital Projects are and shall be owned by the City throughout and following the Term of this Service Contract, and the Company shall have no ownership interest therein by virtue of this Service Contract. The Company shall perform the Contract Services as an independent contractor and shall not have any legal, equitable, tax beneficial or other ownership or leasehold interest in the, the Facilities, the City Capital Projects or any Capital Modification by virtue of this Service Contract. (B) Use. During the Term hereof, the Company may enter upon, occupy and use the Facilities, the Facilities Equipment and the City Facilities Property to provide the Contract Services in accordance herewith, and for no other purpose unless otherwise agreed to in writing by both parties. The Company shall keep the Facilities, the Facilities Equipment and the City Facilities Property in good working order and condition as set forth in this Service Contract. (C) Use of City Facilities Property. The Company shall have the right to use and consume in the performance of the Contract Services at the Facilities the spare parts and Consumables constituting part of the City Facilities Property. (D) City Access to Facilities. The City shall have the right at any time, on a 24-hour per day, 365-day per year basis, to visit and inspect the Facilities and observe and assess the Company's performance of the Contract Services. The Company shall permit and facilitate access to the Facilities for such purposes by City personnel and by agents and contractors designated by the City. Keys or passwords, as applicable, for the facilities or structures constituting the Facilities shall be provided to the City's Contract Administrator by the Company in accordance with the Company's physical security plan and key control program. All visitors shall comply with the Company's reasonable operating and safety procedures and rules, and shall not interfere with the Company's operations of the Facilities. When visiting any portion of the Facilities that is staffed by the Company at the time of the visit, all City employees, agents and contractors (except those identified on the pre-approved list, as described in Appendix 8) shall announce themselves to the staff and Company employees may elect to accompany any City employees, agents and contractors during the visit. The Company also shall allow supervised access to the Facility to City-designated third parties, including persons affiliated with U.S. Fish and Wildlife Service, U.S. Environmental Protection Agency, Texas State University and the Texas Commission for Environmental Quality. The parties agree that the City (but not its agents and contractors) shall have 34