Laserfiche WebLink
<br />The City of San Marcos Facilities Service Contract <br /> <br />approval of the draft Operation and Maintenance Manual in accordance with subsection (B) of <br />this Section, the Company shall use and follow the procedures set forth in the City's existing <br />Operation and Maintenance Manual for the Facilities. The content of the Operation and <br />Maintenance Manual shall be consistent with the Contract Standards, shall contain a detailed <br />description of the means and methods of properly operating the Facilities and all sampling, <br />testing and measurement procedures, shall document predictive, preventive and corrective <br />maintenance procedures, practices and schedules, and shall otherwise be sufficiently detailed <br />to permit the Facilities to be operated and maintained by a third party reasonably experienced <br />in wastewater treatment; and shall be reviewed and approved by the appropriate Governmental <br />Body in accordance with Applicable Law. The Operation and Maintenance Manual shall be <br />developed and maintained in a manner which is fully consistent with the computerized <br />maintenance management system utilized by the Company pursuant to Section 9.4. The <br />Contract Services shall be performed substantially in compliance with the Operation and <br />Maintenance Manual and the Company's computerized maintenance management system. <br />(B) City Review and Approval. The Company shall review and discuss m <br />good faith with the City any aspect of the draft Operation and Maintenance Manual, and shall <br />deliver the [mal Operation and Maintenance Manual to the City within 60 days following <br />completion of review and approval by the City. The Company shall keep the Operation and <br />Maintenance Manual current and shall supply the City with appropriate updates, supplements <br />or revisions thereto annually or at any earlier time that a material change to the Operation and <br />Maintenance Manual is made, to be reviewed and approved in accordance with the procedures <br />described in this Section. Such updates shall preserve the standards set forth in the initial <br />Operation and Maintenance Manual. Notwithstanding any such review and approval by and <br />discussion with the City, the Operation and Maintenance Manual shall remain at all times the <br />responsibility of the Company. Neither the review of or approval by, nor the failure of the City <br />to review, comment on, or approve the Operation and Maintenance Manual shall: (1) relieve <br />the Company of any of its responsibilities under this Service Contract; (2) be deemed to <br />constitute a representation by the City that operating the Facilities pursuant to the Operation <br />and Maintenance Manual will cause the Facilities to be in compliance with this Service <br />Contract or Applicable Law; or (3) impose any liability upon the City. <br />(C) Supplements for Capital Modifications. The Company shall prepare <br />supplements and revisions to the Operation and Maintenance Manual which are required due <br />to the design, construction and installation of Capital Modifications. Such supplements and <br />revisions shall be provided, reviewed and approved in the same manner as provided in this <br />Section with respect to the initial Operation and Maintenance Manual. The cost and expense <br />of all such supplements and revisions shall be bome by the Company, except with respect to <br />supplements and revisions necessitated by process changes requested by the City, Capital <br /> <br />41 <br />