Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract Applicable Law and the Enhanced Effluent Standards shall constitute the "Effluent Guarantee" . (C) Applicability of Effluent Guarantee. The Effluent Guarantee shall apply, except to the extent excused by Uncontrollable Circumstances or City Fault, without any allowance for scheduled or unscheduled downtime or Facilities maintenance, repair or replacement, which the Company acknowledges has been factored into the Effluent Guarantee. (D) Conditions to Relief. In the event and for any period during which the Company is unable to achieve the Effluent Guarantee due to an Uncontrollable Circumstance, the Company shall use its best reasonable efforts to comply with the Effluent Guarantee. (E) Change in Law Affecting Effluent. The parties acknowledge that a Change in Law may affect Effluent standards or impose more stringent requirements relating to equipment or processes than those established hereunder as of the Contract Date. In the event a Change in Law occurs, the Company shall not be entitled to performance relief or additional compensation under Section 13.2 unless: (1) such Change in Law imposes a regulatory standard or operating requirement with respect to any particular Effluent characteristic or parameter which is more stringent or burdensome to comply with than the Contract Standards applicable to such characteristic or parameter, or requires equipment or processes not then in place or practiced at the Facilities; and (2) the Company is unable, after taking all mitigation measures required under Section 13.2 with respect to such a Change in Law, to avoid the necessity for such performance relief or additional compensation. SECTION 8.3. ODOR GUARANTEE. Prior to the implementation of the City Capital Project, the Company shall, at a minimum, continue to implement all odor control operating practices in effect prior to the Contract Date and shall maintain all existing odor control equipment in accordance with the Contract Standards. Following the implementation of the City Capital Project and throughout the Term, the Company shall operate the Facility so as not to produce any odors off the Facility Site (the "Odor Guarantee"). A determination as to whether the Company has violated the Odor Guarantee shall be made in accordance with the requirements and process set forth in Appendix 5. SECTION 8.4. RESIDUALS GUARANTEE. (A) Standards. Except to the extent relieved for Uncontrollable Circumstances, the Company shall process Residuals so that (i) while the ATAD process is in operation, the Residuals meet Class A standards under Title 30, Chapter 312 of the Texas Administrative Code, and (ii) when the transition to dewatering and landfilling replaces the ATAD process, the Residuals are dewatered to a minimum of 15% solids throughout the Term (the "Residuals Guarantee"); SECTION 8.5. TRUCKED-IN MATERIAL GUARANTEE. The Company shall accept, process and treat at the Facilities all Trucked-in Material which has been arranged for and approved by both, the City and the Company. The Company will not accept, process or 58