Res 2005-127 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article VI - Management and Operation anticipated based upon the Authority's experience operating the Plant and Good Engineering Practice. The City shall retain all obligations arising out of any third party Legal Proceedings resulting from Pre-Existing Environmental Conditions or Specified Site Conditions at the Facilities, except to the extent such Legal Proceeding is based in whole or in part on the Authority's breach of its obligations pursuant to Section 7.9. No other Uncontrollable Circumstance, however, shall relieve or limit the Authority's assumption of the "as-is" risk as provided in subsection 6.4(B). SECTION 6.5. SERVICE COORDINATION. [(A) Authority's Facilities Manager. The Authority shall appoint a Facilities Manager for the Facilities and the Contract Services (the "Facilities Manager" or "Plant Manager") who shall be licensed and certified as a Grade A Licensed Water Works Operator by the State of Texas, trained, experienced and proficient in the management and operation of water treatment systems comparable to the Facilities. The Facilities Manager shall (1) be responsible for the management and provision of the Contract Services provided to the City hereunder, (2) be responsible for the day-to-day management of the Facilities, and (3) serve as the day-to-day business representative of the Authority in the performance of this Service Contract. The initial Facilities Manager shall be Jerry L. Sharp, who shall not be replaced without the prior approval of the City for a period of one year from the Commencement Date, unless for reasons of retirement, resignation or cessation of employment with the Authority. (B) City Approval of Replacement Facilities Manager. The Authority acknowledges that the performance of the Facilities Manager serving from time to time will have a material bearing on the quality of service provided hereunder, and that effective cooperation between the City and the Facilities Manager will be essential to effectuating the intent and purposes of this Service Contract. Accordingly, not fewer than 30 days prior to the date on which any candidate for Facilities Manager from time to time during the Term of this Service Contract is proposed by the Authority to assume managerial responsibility for the Facilities, the Authority shall: (1) provide the City with a comprehensive resume of the candidate's licenses, training, and experience, related to management operations similar to the Facilities and customer relations; and (2) afford the City an opportunity to meet with the candidate and the Authority with respect to such matters. The City shall have the right within 30 days following such meeting to provide written comments to the Authority about such candidate. The Authority shall consider the City's comments before making a decision whether to hire the candidate. (C) Authority's Senior Supervisors. The Authority shall from time to time appoint and inform the City of the identity of one or more senior managers of the Authority with supervisory responsibility for the Facilities and the performance of this Service Contract (the "Senior Supervisors"). The Authority shall promptly notify the City in writing of the 36