Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract matters necessary to adequately address any public concem caused by such non-compliance, including preparation of press releases, attendance at press conferences, and participation in public information sessions and meetings and handle all public inquiries. (B) Performance Testing. The parties, at any time, may agree to conduct a performance test, the cost and expense of which will be split by the parties, to demonstrate that the Facilities are operating in compliance with the capacity and design configuration of the processes and equipment, Applicable Law and the Performance Guarantees. If the parties cannot agree to performance testing, either party may move forward with the performance testing on its own and will pay all costs and expenses associated with such testing. The performance tests shall be conducted in a manner as to not unduly interfere with the Company's performance obligations hereunder. SECTION 8.9. ENFORCEMENT OF PERFORMANCE GUARANTEES. Non- enforcement of any Performance Guarantee or other performance obligation contained herein for whatever reason shall not constitute a waiver of the City's right to enforce or in any way restrict the City in determination of or action regarding future occurrences. SECTION 8.10. ADMINISTRATIVE SANCTIONS. (A) Compliance Failures. The Company shall perform the Contract Services in accordance with the Contract Standards. Except to the extent the Company is relieved for Uncontrollable Circumstances or City Breach, the Service Fee shall be reduced by the amount provided in subsection (B) of this Section for the Company's failures of compliance indicated below: (1) failure to report any exceedance as required by the Contract Standards. (2) failure to calibrate or verify calibration of flow meters to the manufacturer's accuracy tolerance. (3) failure to respond to a written request for information related to this Service Contract made by the Contract Administrator and designated as a "priority request" within 3 business days unless otherwise agreed to in writing by the parties. (4) failure to provide any plan, proposal, report or other deliverable required hereunder by the deadline set forth herein. (5) failure to keep monthly maintenance logs as required by Section 9.1. (6) failure of Company staff to attend City meetings as reasonably requested, with adequate advance notice from the City unless otherwise agreed to in writing by the parties. (7) failure to provide any reports required hereunder within 7 days of the due date. (8) failure to maintain proper certification as required by any Govemmental Body. (9) failure to respond to alarms at the Facilities as required hereunder. 60