Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract Commencement Date. The Company shall have the right to change the Designated Disposal Site during the Term hereof, so long as the selected Designated Disposal Site is an Acceptable Disposal Site, and to execute a Subcontract for the performance of its Off-Site Residuals Disposal Obligations so long as the requirements of Section 15.8 with respect to Subcontractors are complied with. Any such disposal Subcontract shall be priced based on disposal at a specific Designated Disposal Site and shall provide for deliveries of Residuals thereto. Any such disposal Subcontract which is not so structured shall be deemed to be insufficient to permit a reasonable determination of the effect of any Change in Law hereunder, and no such relief shall be accorded the Company with respect thereto under Section 7.24. Not later than 10 days prior to commencing deliveries of Residuals to the initial or any new Designated Disposal Site, the Company shall furnish the City with notice thereof, together with (1) the name, address and permit number of the Designated Disposal Site, (2) the name of the owner and operator, together with phone, fax and e-mail contact information for the facility manager and for the chief operating officers of the owner and operator, (3) information relevant to the criteria for confrrming the proposed site as an Acceptable Disposal Site under subsection (B) of this Section, and (4) a copy of the Subcontract In the event an emergency causes the Company to temporarily change the Designated Disposal Site, the Company shall not be obligated to furnish the information required under this Section in advance, but shall do so as soon as practicable, and shall notify the City upon returning deliveries to the previous Designated Disposal Site. SECTION 7.23. UNCONTROLLABLE CIRCUMSTANCES OTHER THAN CHANGES IN LAW AFFECTING RESIDUALS MANAGEMENT SERVICES. (A) On-Site. In the event an Uncontrollable Circumstance, other than a Change in Law, occurs that affects the Company's performance of its On-Site Residuals Handling Obligations or the cost of performing its On-Site Residuals Handling Obligations, the Company shall be entitled to performance, schedule and price relief as provided in Section 13.2. (B) Off-Site. In the event an Uncontrollable Circumstance, other than a Change in Law, occurs that affects the Company's performance of its Off-Site Residuals Disposal Obligations, the Company shall be entitled to performance, schedule and cost relief as provided in Section 13.2. SECTION 7.24. HAZARDOUS RESIDUALS. (A) Hazardous Material Detection Requirements. The parties acknowledge that Influent may from time to time contain materials which cause Residuals to constitute Hazardous Residuals. The parties further acknowledge that the City shall be responsible for the Source Control Program (referred to as Industrial Pretreatment Program, IPP) as outlined on pages 30 to 47 of TPDES permit WQOOI0273002, referenced in Appendix 2. The Company, in order to identify and provide for the proper 53