Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract effluent re-use components, and the system outfall. The City Capital Project shall become part of the Facilities upon successful testing by the City or its subcontractor. "Facilities Equipment" means all of the manufactured equipment, property or assets, whether or not constituting personal property or fIxtures, constituting part of the Facilities, including pumps, bar screens, grit handling equipment, sludge handling equipment, chemical feed storage equipment, and tank covers. "Facilities Equipment" is further described in Appendix 1. "Facilities Manager" has the meaning set forth in subsection 7.8(A). "Facilities Site" means the parcel of real property described or referred to in Appendix 1 on which the above-ground improvements constituting the Facilities are located. "Facility Element" means that portion of the Fixed Component of the Service Fee which relates to the operation, maintenance and repair and replacement of the Facility, but not the treatment and disposal of sludge. "Fees and Costs" means reasonable fees and expenses of employees, attorneys, architects, engineers, expert witnesses, contractors, consultants and other persons, and costs of transcripts, printing of briefs and records on appeal, copying and other reimbursed expenses, and expenses reasonably incurred in connection with investigating, preparing for, defending or otherwise appropriately responding to any Legal Proceeding. "Fixed Component" means the portion of the Service Fee which comprises the Facility Element and the Residuals Element as set forth in Section 11.3. "Good Industry Practice" means the degree of skill and diligence normally employed by qualified operations and maintenance personnel performing services similar to the Contract Services. "Govemmental Approvals" means all orders of approval, permits, licenses, authorizations, consents, certifications, exemptions, registrations, rulings, entitlements and approvals issued by a Govemmental Body of whatever kind and however described which are required under Applicable Law to be obtained or maintained by the City or by the Company with respect to the Contract Services. "Govemmental Body" means any federal, State, regional or local legislative, executive, judicial or other govemmental board, agency, authority, commission, administration, court or other body, or any official thereof having jurisdiction. "Guaranteed Maximum Chemical Utilization" has the meaning set forth in Section 11.5. "Guaranteed Maximum Electricity Utilization" has the meaning set forth in Section 11.5. 9