Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract ARTICLE VIII PERFORMANCE SECTION 8.1. FACILITIES PERFORMANCE GENERALLY. (A) Reliance. The Company acknowledges that the City, in serving the wastewater treatment needs of its customers, is providing an essential public service, and in complying with its obligations under Applicable Law is relying on the performance by the Company of its obligations hereunder. Except to the extent relieved by Uncontrollable Circumstances or other for scheduled maintenance activities, the Company shall operate the Facilities on a continuous, uninterrupted 24-hour per day, 7-day per week basis. The Company shall not intentionally reduce the level of wastewater treatment capable of being achieved by the Facilities in an effort to reduce its operating and maintenance expenses unless agreed to in writing by the parties. (B) Curtailments and Shutdowns. If the operation of the Facilities is temporarily reduced, curtailed or shut down so that the Company is unable to collect, receive, or treat Influent or Residuals or to discharge Effluent, in accordance herewith, the Company shall immediately advise the City as to the nature and probable duration of such reduction, curtailment or shutdown and the expected effect on the operation of the Facilities, and take all steps necessary to remedy the reduction, curtailment or shutdown and to resume full performance hereunder as soon as possible. (C) Limitations on Company Rights. The Company shall not use the Facilities for any purpose other than the purposes contemplated hereby unless otherwise agreed to in writing by the parties. The only compensation payable by the City to the Company for providing the Contract Services shall be the Service Fee payable by the City hereunder. SECTION 8.2. EFFLUENT GUARANTEE. (A) Applicable Law Limits. The Company shall operate the Facilities so as to receive and treat all Influent flowing to the Facilities and discharge Effluent from the Facilities in accordance with Applicable Law, including the conditions of all Governmental Approvals. (B) Enhanced Standards. In addition to its obligation to comply with Applicable Law (including Governmental Approvals) as provided in subsection (A) of this Section and except to the extent relieved by Uncontrollable Circumstances, the Company shall operate the Facilities so as to maintain removal efficiencies of a minimum of 90% calculated as a quarterly average for TSS and BODs; a minimum of 90% for NH3; and a minimum of 80% for TP calculated as a monthly average (the "Enhanced Effluent Standards"), but only to the extent that such Enhanced Effluent Standards exceed any requirement of Applicable Law. The obligation of the Company to produce Effluent in compliance with the requirements of 57