Res 2005-105 - Laserfiche WebLink

Home Browse Search

The City of San Marcos Facilities Service Contract Term. In addition, the City retains the right to issue any permits related to the beneficial use of such Re-Use Effluent by third parties. SECTION 7.4. OWNERSHIP OF FACILITIES EQUIPMENT. All equipment used or installed at the Facilities by the Company which was specifically purchased under this Service Contract for use at the Facilities, which the City provides through Capital Modifications during the Term of the Service Contract, or which the City provides for the Company's use at the Commencement Date shall be owned by and be the property of the City except with respect to equipment that is leased by the Company or specialized equipment which is borrowed from other operations. Any leases for equipment to be used at the Facilities shall be assignable to the City which assignment can be exercised by the City in its sole discretion upon the expiration or termination of this Service Contract. SECTION 7.5. COMPANY OBLIGATIONS GENERALLY. (A) Management Responsibilitv. Commencing on the Commencement Date, the Company shall operate and manage the Facilities on a 24-hour per day, 7-day per week basis, and shall treat all Influent, treat and dispose of all Residuals, provide all information necessary to secure Governmental Approvals, and otherwise manage and operate the Facilities so as to comply with the Contract Standards (including Applicable Law, any applicable TPDES permits, Good Industry Practice, the Operation and Maintenance Manual, and the Performance Guarantees) applicable to such activities, each of the plans pertaining thereto set forth in the Appendices, and the other terms and conditions of this Service Contract. (B) Transfer and Application of Industry Experience. The Company shall use all reasonable efforts to transfer to and apply at the Facilities the benefit of the advances and improvements in technology, management practices and operating efficiencies which are developed by the Company and its Affiliates through the operation of their wastewater treatment businesses and industry research and development activities conducted over the full Term of this Service Contract, and which are useful and appropriate in the good faith judgment of the Company for carrying out the Contract Services in a manner which improves upon the Contract Standards. SECTION 7.6. CITY OBLIGATIONS GENERALLY. The City, in addition to the obligations it has accepted elsewhere in this Service Contract, shall: (1) Make available to the Company upon request all information relating to the Facilities which is in the possession of the City and material to the Company's performance hereunder; (2) Grant and assure the Company access to the Facilities for the performance of its obligations hereunder, but for no other purpose; (3) Make available for the Company's use hereunder all Consumables and spare parts in inventory at the Facilities as of the Commencement Date; 36