Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract (10) failure to properly sample, test or report the results thereof as required by the Contract Standards. (B) Liquidated Damages. If the Company fails to comply with any of its obligations as set forth in subsection (A) of this Section, the City, within 30 days of its discovery of such violation, shall notify the Company in writing of its alleged failure to perform. The Company shall pay to the City, as liquidated damages, $100 per event (which amounts shall be subject to escalation annually by the Service Fee Adjustment Factor). The Company shall have the right to contest the occurrence of any alleged violation or alleged failure to cure, and the Company shall have no obligation to pay such contested amounts until the contest is resolved. SECTION 8.11. RELEASES. LEAKS AND SPILLS. (A) Unauthorized Releases Prohibited. The Company shall operate the Facilities in such a manner that Influent, Effluent, Residuals or chemicals will not contaminate, or be bypassed, released, leaked or spilled on or into, the environment, other than as permitted by the most stringent of any of the Contract Standards. (B) Notification and Reporting. The Company, while contemporaneously notifying the City, shall be responsible for fulfilling all notification of and reporting requirements established by Applicable Law related to any unauthorized release of Influent, Effluent, Residuals or chemicals into the environment from or in connection with its operation and management of the Facilities. The Company shall prepare a memorandum evidencing such notification and reporting and provide copies thereof to the City, along with any documents provided to the relevant Governmental Body regarding the release. (C) Cleanup and Costs. The Company shall coordinate with the City and all appropriate Governmental Bodies in effectuating the prompt remediation of any unauthorized release. The Company shall, in the most expeditious manner possible under the circumstances, cause any Influent, Effluent, Residuals or chemicals released without authorization to be cleaned up and remediated in accordance with Applicable Law. All costs associated with performing any such cleanup and remediation measures shall be borne by the Company, except to the extent the unauthorized release of Influent, Effluent, Residuals or chemicals resulted from an Uncontrollable Circumstance. SECTION 8.12. PRE-EXISTING ENVIRONMENTAL CONDITIONS AND SPECIFIED SUBSURFACE CONDITIONS. The Company shall operate and manage the Facilities so as not to aggravate the effect of any Pre-Existing Environmental Condition or Specified Site Condition. If at any time a Pre-Existing Environmental Condition or Specified Site Condition is determined to exist which (1) requires an action under Applicable Law, (2) interferes with the performance of the Contract Services, or (3) increases the cost to the Company of performing the Contract Services, then the City shall within 60 days after written 61