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 (B) Sampling, Testing and Laboratory Work. The Authority shall perform and provide all sampling, laboratory testing and analyses, and quality assurance and quality control procedures and programs required by the Contract Standards and Applicable Law. The Authority shall use competitive laboratories for all compliance testing and analysis not performed by the Authority or TCEQ and their designated employees unless otherwise authorized in writing by the City. In any event, all testing laboratories shall be certified by the TCEQ, EPA or other appropriate entity for the applicable test, and shall be inspected and monitored by the Authority for compliance with the required standard test methods. All sampling and test data shall be available for review by the City. The Authority will provide the City with reports on the sampling and test data requested by the City. The Authority explicitly assumes the risk of incorrect sampling, testing and laboratory work and any consequences thereof or actions taken or corrections needed based thereon, whether such work is performed by itself or third parties, both as to failures to detect and as to false detections. The Authority shall permit the City, at the City's expense, to perform any testing, sampling or analytical procedure it deems appropriate, using the Facilities, so long as such testing, sampling and analysis does not hinder the Authority's ability to fulfill its obligations under the Service Contract. In the event third party analytical quality is not compliant with standard test methods, shows pattems of consistent quality control failure, or for any reason fails to meet the requirements of this Subsection, the Authority may request of the City authorization to change the analytical provider. The Authority will cooperate in the City review of such claims. The City retains the right to direct a change in provider if it is deemed to be in the interest of the City (C) Investigations of Non-Compliance. In connection with any actual or alleged event of non-compliance with Applicable Law, the Authority shall, in addition to any other duties which Applicable Law may impose: (1) fully and promptly respond to all inquiries, investigations, inspections, and examinations undertaken by any Govemmental Body; (2) attend any meetings and hearings required by any Governmental Body; (3) provide corrective action plans, reports, submittals and documentation required by any Govemmental Body; (4) in conjunction with the City, communicate in a timely and effective manner with the general public as to the nature of the event, the impact on the public, and the nature and timetable for the planned remediation measures; and (5) promptly upon receipt thereof, provide the City with a copy of any written notice of violation or non-compliance with Applicable Law, and a transcript of any oral notice of non-compliance with Applicable Law, issued or given by any Govemmental Body. The Authority shall fumish the City with prompt written notice describing the occurrence of any event or the existence of any circumstance which does or may result in any such notice of violation or non-compliance to the extent the Authority has 41