Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract environmentally sound manner and in accordance with Applicable Law and the Contract Standards. Notwithstanding the Company's disposal obligations as set forth in this Service Contract, the parties acknowledge that the City is the generator of such Residuals. (B) General Plan of Disposal. The parties acknowledge that the Company's general plan in carrying out its Off-Site Residuals Disposal Obligations under Sections 7.20 through 7.25 is to enter into Subcontracts for the transportation and disposal of Residuals with waste hauling and disposal firms for disposal at lawfully authorized disposal facilities. Subject to the specific terms, conditions or limitations in this Service Contract, the Company may modify this plan, and in particular shall have the right to use its own forces rather than using Subcontractors to meet its obligations under Sections 7.20 through 7.25. (C) General Allocation of Risk in the Transportation and Disposal of Facilities Residuals. It is the intention of the parties, in general, that (1) the Company bear the transportation and disposal risks with respect to the Residuals Management Services, including the risk of (a) the prices and business terms and conditions which may prevail from time to time over the Term in the market for the transportation and disposal of Residuals; (b) the availability and cost to the Company from time to time of Acceptable Disposal Sites for Residuals; (c) the availability and cost to the Company from time to time of transportation services for Residuals; (d) the transportation distance from the Facilities to an Acceptable Disposal Site; and (e) the performance or non-performance by any Subcontractor of the Company engaged in Residuals processing, transportation or disposal services, and (2) the City bear the risk of certain defmed Changes in Law relating to Residuals, but not other changes in law, with respect to the Residuals Management Services, as provided in Section 7.25. (D) Residuals Disposal Information and Reporting. The Company shall keep and maintain such logs, records, manifests, bills of lading or other documents pertaining to Residuals as are necessary or appropriate to comply with Applicable Law and to monitor and confirm compliance by the Company with the requirements of Sections 7.20 through 7.25, and shall collect and provide the City with a copy of all weights and measures data and information relating to quantities of Residuals generated, transported and disposed of hereunder. The Company shall prepare and file, on behalf of the City and subject to the City's review, approval and, as applicable, signature, all reports and records required to be prepared and filed with any Govemmental Body pursuant to Applicable Law with respect to all Residuals. The City, only to the extent required by Applicable Law, shall sign all permits, manifests or similar documents required for the transportation or disposal of Residuals. (E) Subcontracts. Any Subcontract entered into by the Company with respect to matters contemplated by Sections 7.20 through 7.25 shall be assignable to the City upon the expiration or termination of this Service Contract or upon a severance of certain 51