Res 2005-127 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article IV - Transition Period (8) Required Insurance. The Authority shall submit to the City proof of insurance naming the City as an "additional insured" for the Required Insurance specified in Appendix 9 for which an "additional insured" may be named. (9) Service Contract Approval Assistance. The Authority shall actively advise the City with respect to, and shall cooperate with and assist the City in obtaining, any required Service Contract Approvals. (10) Authority Law Compliance. The Authority shall certify to the City as of the Commencement Date that the Authority is in substantial compliance with laws, regulations, rules and orders, non-compliance with which would have a material and adverse effect upon its ability to perform its obligations under this Service Contract. (11) Financial Condition. The Authority shall provide consolidated balance sheets and income statements for the Authority for the most recently completed fiscal year and quarterly period. Since the Contract Date, there shall not have occurred any change, fmancial or otherwise, in the condition of the Authority that would materially and adversely affect the ability of the Authority to perform its respective obligations under this Service Contract. (12) Documents Evidencing Required Activities. The Authority shalI have provided to the City copies of all filings and reports conducted, prepared or obtained with respect to or evidencing the Authority's activities pursuant to this Section. (13) Representations. The representations of the Authority set forth m Section 2.2 shall be true and correct in all material respects as of the Commencement Date as if made on and as of the Commencement Date, and the Authority shall deliver to the City a certificate of an authorized officer to that effect. (B) Access to Facilities During Transition Period. The execution of this Service Contract shall be deemed to constitute the granting to the Authority of a right of access to the Facilities for the purposes of performing further inspections, engineering, analysis and such additional studies or tests as deemed necessary by the Authority. To the extent such right of access exceeds those rights of the Authority under any other written agreement with the City, such right of access shall be subject to the City's prior approval, which shall not be unreasonably withheld, as to time and scope, and shall be exercised in a manner consistent with the performance obligations of the City. The Authority shall assume all risks associated with such activities. (C) Notice of Default. The Authority shall provide to the City, promptly following the receipt thereof, copies of any notice of default, breach or non-compliance received under or in connection with any Govemmental Approval or Subcontract pertaining to the Transition Period. 26