Res 2011-121 - Laserfiche WebLink

Home Browse Search

Section 3.09. Wherever this Agreement requires the Licensee to pay for work done or contracted by the City, the charge for such work will include all reasonable material, labor, engineering and administrative costs and applicable overhead costs. The City will bill its services based upon actual costs, determined in accordance with the City's cost accounting systems used for recording capital and expense activities. Section 3.10. Wherever this Agreement requires estimated expenses to be paid prior to an activity and the actual cost of the activity exceeds the estimated cost, the Licensee will pay the City for the difference in cost. To the extent that the actual cost of the activity is less than the estimated cost, the City will refund to the Licensee the difference in cost within 60 days after the date the actual cost is determined. Section 3.11. Nonpayment by the Licensee or the City of any amount due under this Agreement beyond 60 days will constitute a default of this Agreement. ARTICLE 4. SPECIFICATIONS Section 4.01. The Licensee will install and maintain the Licensee's Facilities in accordance with the Technical Specifications and the Applicable Standards. Section 4.02. The Licensee will Tag all of the Licensee's Facilities in accordance with the Technical Specifications. Section 4.03. The Licensee will be responsible for the installation and maintenance of the Licensee's Facilities. The Licensee will, at its own expense, make and maintain its Attachments in safe condition and good repair, in a manner suitable to the City. Section 4.04. The Licensee will maintain the Licensee's Facilities so that they do not unreasonably impair the ability of the City or any Other Licensee to use the Poles, or interfere with the operation of any City Facilities. Section 4.05. If any of the Licensee's Facilities are installed, used, or maintained in violation of this Agreement, and the Licensee does not correct the violation within 30 days from receipt of written notice of the violation from the City, or another time period specified by the City in the notice, the City may at its own option correct the violation. The City will attempt to notify the Licensee prior to performing the work whenever practicable, but when the City determines that a violation poses an immediate threat to the safety of any person, or interferes with the performance of the City's service obligations, or poses an immediate threat to the integrity of any City Facilities, the City may perform the work without giving notice to the Licensee. As soon as practicable thereafter, the City will notify the Licensee in writing of the work performed or the action taken. The Licensee will be responsible for paying the City for all costs the City incurs in correcting any violation under this subsection. Any failure of the Licensee to timely correct a violation will constitute grounds for the City to terminate either the Permit for the Attachments involved, or this entire Agreement. Section 4.06. The City's service restoration requirements will take precedence over any work of the Licensee on the Poles. 6 CADocuments and Settings \tamaraslade \Local Settings \Temporary Internet Files \Content.Outlook \F3JWG5DFi \San Marcos PAA FINAL CLFAN 10 17 201 l.docx