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 (d) other property constituting part of the Facilities; (2) establish and enforce reasonable safeguards for safety and protection, including posting danger signs and other wamings against hazards and promulgating safety regulations; (3) give notices and comply with all Applicable Law relating to the safety of persons or property or their protection from damage, injury or loss; (4) designate a qualified and responsible employee at the Facilities whose duty shall include the responsibility for plant safety, the prevention of fIres and accidents and the coordination of such activities as shall be necessary with federal, State and City officials; (5) operate all equipment in a manner consistent with the manufacturer's safety recommendations; (6) provide for safe and orderly vehicular movement and conduct periodic inspections to ensure that each Authority or Facility vehicle possesses the required safety equipment; and (7) develop and carry out a safety program related to the Facilities, including employee training and periodic inspections, designed to implement the requirements of this Section. The Authority shall report breaches in security and threats of such breaches to the City's Contract Administrator and to the San Marcos Police Department immediately upon discovery. The Authority will conduct an annual review of the Facilities' security with the City to identify areas of risk and measures for improving security. The Authority may change the locks and security codes at the Facilities, provided a duplicate key and/ or security codes for all changed locks shall be provided to the City. The Authority will provide information, as requested, to the appropriate Govemmental Body, or other designated agencies. (B) ADA. The City shall be responsible for making any modifications to the Facilities, as they exist on the Commencement Date, needed for compliance with the Americans with Disabilities Act. Thereafter, the Authority and the City shall make all Capital Modifications to the Facilities in compliance with the provisions of the Americans with Disabilities Act in effect at the time of each such Capital Modification. In accordance with Section 9.1(C), the City shall be responsible for the costs associated with any such Capital Modification unless the Capital Modification is requested by the Authority. Upon completion of any such Capital Modifications, the Authority shall bear all risk of any non-compliance with the Americans with Disabilities Act. (C) Security. The Authority shall be responsible for the security of the Facilities, and shall maintain the existing fences and gates, and the locks at the Facilities. SECTION 6.11. COMPLIANCE WITH APPLICABLE LAW. (A) Compliance Obligation. The Authority shall perform the Contract Services in accordance with Applicable Law, and shall cause all Subcontractors to comply with Applicable Law. The Authority shall comply with the terms of all Govemmental Approvals and other Applicable Law pertaining to the Facilities and Finished Water, notwithstanding the fact that the Authority may not be a permittee or co-permittee with respect to some or all of such Govemmental Approvals. 40