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 Approvals for the Contract Services shall be paid by the Authority, except Governmental Approvals required in connection with an Uncontrollable Circumstance or a City requested Capital Modification. The Authority shall agree to be named as a co-permittee on any Govemmental Approval if so required by the issuing Govemmental Body. The City shall be responsible for paying all fees and charges related to its Edwards Aquifer Authority Permit, including any charges related to Section 1.29 of Senate Bill 1477 (the "Edwards Aquifer Authority Act"). (B) Data and Information. Data, information and action required to be supplied or taken in connection with the Governmental Approvals required for the Contract Services shall be supplied and taken on a timely basis. The data and information supplied by either party to the other and to all regulatory agencies in connection therewith shall be correct and complete in all material respects. All such information shall be submitted in draft form by the submitting party sufficiently in advance to allow full and meaningful review and comment by the reviewing party. Each party shall be responsible for any schedule and cost consequences which may result from its submission or modification of materially incorrect or incomplete information. The City reserves the right to reject, modify, alter, amend, delete or supplement any information supplied by the Authority pursuant to this Section. (C) Non-Compliance and Enforcement. The Authority shall report to the City, promptly upon obtaining knowledge thereof, all violations of the terms and conditions of any Govemmental Approval or Applicable Law pertaining to the Facilities. The City shall have the right independently to enforce compliance with the requirements of any Govemmental Approval regardless of whether a concurrent or different regulatory enforcement action has been undertaken by any other Govemmental Body. The failure of the Authority to take action to comply with any Govemmental Approval may constitute a breach of this Service Contract. (D) Reports to Govemmental Bodies. The Authority shall prepare all periodic and annual reports, make all information submittals and provide all notices to all Govemmental Bodies required by all Govemmental Approvals (other than the Edwards Aquifer Authority Permit) and under Applicable Law with respect to the Facilities, including sampling and testing results and monthly discharge monitoring or operating reports. Such reports shall contain the information required by the Govemmental Body, and may be identical to comparable reports prepared for the City, if such are acceptable to the Governmental Body. The Authority shall provide the City with a copy of each such report, submittal and notice prior to submittal to the Governmental Body. (E) Potential Regulatory Change. The Authority shall keep the City regularly advised as to potential changes in regulatory requirements affecting the Facilities, and provide recommended responses to such potential changes so as to mitigate any possible adverse economic impact on the City should a Change in Law actually occur. The Authority, at the 43