Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract as part of its annual operations report. Such report shall include summaries of Service Fee payments and any necessary reconciliations. (C) Default Reports. The Company shall provide to the City, immediately after the receipt thereof, copies of any written notice of a material default, breach or non-compliance received or sent under or in connection with any material contract entered into by the Company in connection with the Contract Services. (D) Permit Communications and Reports. The Company shall provide to the City copies of all communications and reports fumished to any Governmental Body pursuant to this Section simultaneously with their submittal to the Govemmental Body. SECTION 7.17. EMERGENCIES. Should the Company, due to Uncontrollable Circumstances or any other reason whatsoever, fail, refuse or be unable to operate the Facilities in accordance with the Service Contract for a period of more than 48 hours or for such shorter time period so as to endanger the public health, safety or welfare in the opinion of a Govemmental Body or the City, then the City, upon written notice, may (but shall not be obligated to) perform the Company's operations obligations until such time as Company is able to resume operations. No fee shall be owed to the Company in such event. The City may operate by engaging Company personnel, using City employees or hiring a subcontractor. Payment of the Service Fee shall be suspended during any such emergency takeover. The Company shall reimburse the City for any costs and expenses incurred, subject to Cost Substantiation, unless such failure to perform is determined to have been due to an Uncontrollable Circumstance. The City shall reimburse the Company for any costs or expenses incurred during any such emergency takeover, less any reimbursement proceeds received by the Company from insurance proceeds, to the extent the failure is determined to have been due to Uncontrollable Circumstances. The City may require the Company to resume its operating obligations at any time. SECTION 7.18. COST REDUCTION AND SERVICE IMPROVEMENT. In the event either party offers the other party any idea, approach or concept for lowering the Company's cost, reducing the City's Service Fee or total costs, or improving the Company's service, the other party shall reasonably consider and explore the development and implementation of the concept. Neither party shall be obligated to negotiate or to agree to amend this Service Contract to effectuate any such idea, approach or concept except in its sole discretion and upon terms and conditions acceptable to it. SECTION 7.19. LANDSCAPING. The Company shall maintain the landscaping at the Facilities, including utilization of a landscape irrigation system, to enhance the appearance of the Facilities. SECTION 7.20. (A) Performance. The Company shall perform the Residuals Management Services in a safe and RESIDUALS MANAGEMENT SERVICES GENERALLY. 50