Res 2010-123 - Laserfiche WebLink

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responsible for completion of all permit efforts in progress at the time of commencement of this Service Contract. 2. Section 5.2, City Permitting Responsibilities, is hereby amended to read as follows: SECTION 5.2. CITY PERMI'T'TING RESPONSIBILITIES. The City shall be responsible for all reporting requirements under the City's Edwards Aquifer Authority permits, and the Authority will filly support the City's reporting requirements by providing any data, reports, test results and other information related to the Facilities which may be necessary for the City to comply with such reporting requirements. The City shall also be responsible for payment of the annual TCEQ Public Health Service Fee or reimbursement to the Authority if such fee is paid by the Authority. The Authority shall not be responsible for obtaining permits or approvals necessary for the implementation of Capital Modifications initiated by the City (unless the parties mutually agree otherwise); provided, however, that the Authority shall provide the City any data, reports, test results and other information and assistance related to the Facilities that may be necessary to obtain such permits and approvals. Section 6.12, Governmental Approvals, is hereby amended to read as follows: SECTION 6.12. GOVERNMENTAL APPROVALS. A) Applications and Submittals. Except with respect to the City's Edwards Aquifer Authority Permit, the Authority, in a timely manner, shall make all applications necessary to obtain and maintain the Permits and all other Governmental Approvals required to be made, obtained or maintained under Applicable Law in order to operate the Facilities, including those set forth in Appendix 2. With respect to Governmental Approvals, the Authority, in a timely manner, shall: (1) develop and furnish all necessary supporting material; (2) supply all data and information which may be required; (3) familiarize itself with the terms and conditions of such Governmental Approvals; (4) attend required meetings and hearings; and (5) take other action necessary in obtaining, maintaining, renewing, extending and complying with the terms of such Governmental Approvals. All permit and filing fees required in order to obtain and maintain Governmental 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 Governmental Approval if so required by the issuing Governmental 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 ") and for payment of the annual TCEQ Public Health Service Fee or reimbursement to the Authority if such fee is paid by the Authority. Section 10.3, Base Fee, is hereby amended to read as follows: SECTION 10.3. BASE FEE. (A) Base Fee. The Base Fee in the first Contract Year shall be $795,607 and shall be adjusted pursuant to the Service Fee Adjustment Factor for each subsequent Contract Year. The Base Fee shall be compensation for all CITY HALL • 630 EAST HOPKINS • SAN MARCOS, TEXAS 78666. 512.393.8150 o FACSIMILE 512.393.3983 SANMARCOSTX.GOV