Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract treat any Trucked-in Material which has not been arranged for and approved by the City (the "Trucked-in Material Guarantee"). SECTION 8.6. ENVIRONMENTAL GUARANTEE. Generallv. The Company shall assure that the Facilities meet all requirements to be set forth in the Service Contract with respect to the control of noise, fugitive dust, traffic, litter, lighting, vectors, negative visual impacts of the Facility, and other adverse environmental effects on the surrounding community. SECTION 8.7. RE-USE EFFLUENT GUARANTEE. The Company shall produce Re-Use Effluent meeting Class A standards under Title 30, Chapter 312 of the Texas Administrative Code, and shall meet all system demands for Re-Use Effluent up to the Facilities capacity for producing such Re-Use Effluent (including through the use of reservoirs and related pumps), as directed by the City so that the City shall be able to meet its obligations under any Effluent Re-Use Agreement (the "Re-Use Effluent Guarantee"). SECTION 8.8. CITY REMEDIES FOR NON-COMPLIANCE WITH PERFORMANCE GUARANTEES. (A) Remedies. If the Company fails to comply with any Performance Guarantee and such nonperformance is not due to the gross negligence or Willful or Negligent Act, Error or Omission misconduct of the City or an Uncontrollable Circumstance, the Company shall, without relief under any other Performance Guarantee, and in addition to any other remedy provided herein: (1) promptly notify the City within 8 hours of the Company's having knowledge of any such non-compliance; (2) promptly provide the City with copies of any notices sent to or received from the EPA, TCEQ or any other Governmental Body having regulatory jurisdiction with respect to any violations of Applicable Law; (3) reduce the Service Fee by liquidated damages in the amount of $250 (as escalated by the Service Fee Adjustment Factor) per day, month, quarter or year, as appropriate based on monitoring or compliance frequency as set forth in this Service Contract, for each such noncompliance, except with respect to violations of the Environmental Guarantee (provided that separate liquidated damages for overlapping noncompliance events will not normally be assessed by the City); (4) pay any resulting third party damages, filles, levies, assessments, impositions, penalties or other charges, judgments or awards, and to the full extent of its liability under applicable law, hold harmless, indemnify and defend the City and its officers, agents and employees from all related liabilities and damages resulting therefrom; (5) at its own cost and expense take all reasonable actions (including making all repairs and replacements and operating and management practices changes) necessary in order to comply with such Performance Guarantee, continue or resume performance hereunder and eliminate the cause of, and avoid or prevent the recurrence of non-compliance with such Performance Guarantee; (6) promptly prepare all public notifications required by Applicable Law, and submit such notifications for publication; and (7) assist the City with and manage all public relations 59