Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract notice from any Governmental Body or the Company of the presence or existence thereof, commence and diligently prosecute such actions as may be necessary to dispose of, remediate or otherwise correct the Pre-Existing Environmental Condition or Specified Site Condition or otherwise make the Pre-Existing Environmental Condition or Specified Site Condition comply with Applicable Law. The City shall have the right to contest any determination of a Pre- Existing Environmental Condition or Specified Site Condition and shall not be required to take any action under this subsection so long as: (1) the City is contesting any determination of a Pre-Existing Environmental Condition or Specified Site Condition in good faith by appropriate proceedings conducted with due diligence; and (2) Applicable Law permits continued operation of the Facilities pending resolution of the contest, so that the Company shall have no liability as a result of the failure of the City to dispose of, remediate or otherwise correct such Pre- Existing Environmental Condition or Specified Site Condition during the period of contest. SECTION 8.13. TESTING. METERING AND WEIGHING. (A) Testing. The Company shall conduct sampling, testing, and monitoring of Influent, Effluent, Residuals, air emissions related to odor control and odor in accordance with Applicable Law, Good Industry Practice and this Service Contract (including the specific requirement of the Appendices). The tests shall be made at State certified laboratories to the extent required by the Contract Standards and shall be conducted at the Company's sole cost and expense, except to the extent such tests are required by a Change in Law or any other Uncontrollable Circumstance and are not required under the terms hereof as of the Contract Date. All Influent and Effluent sampling and testing for contract performance shall be conducted at the testing locations identified in the Company's O&M Manual. (B) Metering and Weighing. The Company shall maintain in good working order, and repair and replace when necessary, devices at the Facilities capable of (1) metering the instantaneous and daily total volume of Influent and Effluent, (2) metering or weighing the amount of Residuals leaving the Facilities for disposal, (3) metering the continuous and daily total amount of flow at the Pump Stations, and (4) any other metering or weighing requirement imposed by Applicable Law. The City shall have full access to such meters, instruments, controls, recorders, scales and other metering and weighing devices. All operating data produced by such metering and weighing devices shall be subject to audit, and shall be summarized in the monthly operations reports delivered to the City pursuant to Section 7.17. All such metering and weighing devices shall be calibrated to the accuracy required by, and shall be operated and maintained in accordance with the requirements of, the Contract Standards. To the extent any metering or weighing device is incapacitated or is being tested, the Company shall estimate as accurately as practicable the data required by the Company to perform the Contract Services. This estimate and methodology shall, with the City's approval, be used as the basis for determining the operating data required hereunder during the outage. 62