Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract Subcontractors to comply with Applicable Law. The Company shall comply with the terms of all Govemmental Approvals and other Applicable Law pertaining to the Facilities, the discharge of Effluent, and Residuals (subject to the relief afforded hereunder for Uncontrollable Circumstances), notwithstanding the fact that the Company may not be a permittee or co- permittee with respect to some or all of such Govemmental Approvals. (B) Sampling, Testing and Laboratory Work. The Company shall perform and provide all sampling, laboratory testing and analyses, and quality assurance and quality control procedures and programs required by the Contract Standards and Applicable Law. The Company shall use, as long as they remain responsive and provide quality service, Texas State University laboratory (EARDC) for all compliance testing and analysis not performed by the Company or TCEQ and their designated employees unless otherwise authorized in writing by the City. Other third-party certified laboratories may be used for specialty analyses and analyses beyond the capabilities of the Texas State University laboratory (EARDC). In any event, all testing laboratories shall be TCEQ or EPA certified, as applicable, for the applicable test, and the Company shall obtain evidence of and provide to the City on an annual basis TCEQ or EPA certification from such testing laboratory. All sampling and test data shall be available for review by, and reported to, the City. The Company shall permit the City, at the City's expense, to perform any testing, sampling or analytical procedure it deems appropriate, using the Facilities or othelWise. In the event that the Texas State University's laboratory (EARDC) analytical quality is not compliant with standard test methods, shows pattems of consistent QA/ QC failure or for any reason fails to meet the above requirements, the Company may request the City to authorize a change in the analytical provider. The Company will cooperate in the City's review of such claims. The City retains the right to direct a change in a testing laboratory for reasonable cause. The City shall not be responsible for costs resulting from approval of a change in the analytical provider, except for a change in cost resulting from a change from Texas State University laboratory (EARDC) to another laboratory. (C) Investigations of Non-Compliance. In connection with any actual or alleged event of non-compliance with Applicable Law, the Company shall, in addition to any other duties which Applicable Law may impose: (1) fully and promptly respond to all inquiries, investigations, inspections, and examinations undertaken by any Govemmental Body; (2) attend all meetings and hearings required by any Govemmental Body; (3) provide all corrective action plans, reports, submittals and documentation required by any Govemmental Body; (4) in conjunction with the City, communicate in a timely and effective manner with the general public as to the nature of the event, the impact on the public, and the nature and timetable for the planned remediation measures; and (5) immediately upon receipt thereof, provide the City with a true, correct and complete copy of any written notice of violation or non-compliance with Applicable Law, and true and accurate transcripts of any oral notice of 44