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<br />The City of San Marcos Facilities Service Contract <br /> <br />basis the extent to which the Facilities are being properly maintained, repaired and replaced in <br />accordance with the Contract Standards generally. The inspection shall include a concurrent <br />review of all relevant data, records and reports. The Company shall cooperate fully with the <br />inspections, which shall not interfere unreasonably with the Company's performance of the <br />Contract Services. <br />(C) Remediation. Based on the annual operations and maintenance reports <br />submitted by the Company pursuant to Section 7.17 or the annual or triennial inspections and <br />reviews conducted pursuant to this Section, the City may submit a statement to the Company <br />detailing any deficiencies found and requiring the Company to submit a plan of remediation. <br />The remediation plan shall be sufficient to reasonably demonstrate that, if implemented, the <br />Facilities will be promptly brought into compliance with the requirements of this Article. If the <br />City accepts the remediation plan, the Company shall thereupon correct all deficiencies noted <br />in accordance therewith. Failing such corrective action, the Service Fee shall be reduced by <br />the amount of the City's estimated cost of remediation. Any disputes with respect to the cause <br />or amounts specified in the City's statement, not resolved to the mutual satisfaction of the <br />parties, shall be determined as provided in Section 12.10. <br />(D) Unscheduled Inspections. Nothing in this Section shall limit the City's <br />right, on an unscheduled basis, at any time to inspect the Facilities and relevant records of the <br />Company to determine compliance with this Article. <br />SECTION 9.4. COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM. <br />The Company shall maintain, upgrade, repair and replace, as appropriate throughout the <br />Term, a computerized maintenance management system capable of providing a record of repair <br />and replacement of the Facilities on a detailed, item-by-item basis; scheduling, carrying out, <br />monitoring and controlling predictive, preventive and corrective maintenance programs; <br />monitoring routine operations within the Facilities; issuing work orders and purchase orders; <br />maintaining a spare parts inventory; and issuing exception, equipment status and repair <br />priority reports. The computerized maintenance management system shall constitute part of <br />the Facilities, and shall be modified as and when appropriate during the Term to take account <br />of removals from and additions to the Facilities. The Company shall utilize the computerized <br />maintenance management system to provide the City with documentation which allows it to <br />efficiently monitor compliance by the Company with its maintenance obligations hereunder and <br />to provide notice of the need for major Corrective Maintenance for which the City is <br />responsible. The City shall have computer-based real time, read-only access to such system. <br />The Company shall permit all electronic data to be replicated and provided to the City. <br />Alternatively, the Company may utilize a City-provided system, currently MAXIMO, for this <br />function. Use of the City's system shall not relieve the Company of its responsibilities for <br />providing the services and information above other than the requirement of providing, <br /> <br />67 <br />