Res 2005-127 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article I - Defmitions and Interpretation "Contract Services" means everything required to be fumished and done for and relating to the Facilities by the Authority pursuant to this Service Contract during the Term hereof. Contract Services include the employment and furnishing of all labor, materials, equipment, supplies, tools, storage, transportation, insurance except property damage insurance, sales, delivery and other things and kinds of services whatsoever necessary for the full performance of the Authority's operation, maintenance, repair, replacement, management and related obligations under this Service Contract, and all of the Authority's administrative, accounting, record-keeping, reporting, notification and similar responsibilities of every kind whatsoever under this Service Contract pertaining to such obligations. "Contract Standards" means the terms, conditions, methods, techniques, practices and standards imposed or required by: (1) Applicable Law; (2) the Performance Guarantees; (3) Good Engineering and Construction Practice; (4) Good Industry Practice; (5) the Operation and Maintenance Manual; (6) generally-accepted operation and maintenance standards; (7) generally-accepted repair and replacement standards; (8) equipment manufacturers' specifications applicable to the Facilities; (9) Insurance Requirements applicable to the Service Contract; and (10) any other standard, term, condition or requirement specifically provided in this Service Contract to be observed by the Authority. Subsection 1.2 (M) shall govern issues of interpretation related to the applicability and stringency of the Contract Standards. "Contract Year" means the City's fiscal year commencing on October 1 in any year and ending on September 30 of the following year; provided, however, that the first Contract Year shall commence on the Commencement Date and shall end on the following September 30, and the last Contract Year shall commence on October 1 prior to the date this Service Contract expires or is terminated, whichever is appropriate, and shall end on the last day of the Term of this Service Contract or the effective date of any termination, whichever is appropriate. Any computation made on the basis of a Contract Year shall be adjusted on a pro rata basis to take into account any Contract Year of less than 365 days. "Cost Substantiation" has the meaning described in Section 14.7. "Designated Employee" means the employee currently employed by the City to operate and maintain the Wells, as identified in Appendix 5. "ECI" means the Employment Cost Index published by the Bureau of Labor Statistics (the "BLS"), Not Seasonally Adjusted, Private Industry, South Region, Series I.D. ECU 132021, or similar data if the BLS ceases to publish this index. "Encumbrance" means any Lien, lease, mortgage, security interest, charge, judgment, judicial award, stop-notice, attachment or encumbrance of any kind with respect to the Facilities. 8