Res 1999-107 - Laserfiche WebLink

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I maintenance facilities and equipment, provided a duplicate key and/or security codes for all 2 changed locks shall be provided to the City. All keys and/or security codes shall be 3 identified by tag or location. 4 5 Section 4.22 - Emergency Action Plan. If GBRA fails, refuses or is unable to operate the 6 Project, due to Uncontrollable Circumstances or any other reason whatsoever, to produce 7 potable water that meets the chemical, bacteriological, and quantity standards for a period 8 of more than 48 hours, or for a shorter time period in which the failure endangers or may 9 endanger the public health, safety, or welfare in the opinion of the City, then the City may 10 take immediate possession of the Project and perform GBRA's operations obligations. The 11 City may operate the Project by engaging GBRA's personnel, or by using City employees or 12 hiring a different operator. The City may suspend payments to GBRA during any such 13 emergency takeover, and the City's costs and expenses incurred in the takeover shall either 14 be deducted from any further payments to GBRA, or shall be reimbursed by GBRA to the 15 City upon demand, unless the failure to perform is determined by the City to have been due 16 to Uncontrollable Circumstances. The City may require GBRA to resume its operating 1 7 obligations at any time. If the emergency is the result in any respect of acts or omissions of 18 GBRA, it shall be grounds for termination of the Contract. 19 20 Section 4.23 - Water Testing. GBRA shall conduct all tests of raw water and finished water 21 as required by Applicable Law, prudent industry practice, and this Contract. GBRA shall 22 provide the City with reports of all such tests, quality assurance and quality control data, and 23 its operating data. All compliance testing shall be performed at GBRA's sole cost and 24 expense, by a laboratory certified by the State of Texas for drinking water analysis. In 25 addition, the City may test the Project at any time to ascertain compliance with the Contract. 26 If the City's tests reveal that the water produced by the Project does not meet the 27 Performance Standards for the Project, the costs of analysis will be billed to, and paid by, 28 GBRA. 29 30 Section 4.24 - Reporting. In addition to all regulatory agency required reports, GBRA shall 31 submit monthly reports to the City summarizing all operation and maintenance activities, 32 process performance results, accidents, warranty claims and results and related items. 33 34 Section 4.25 - Meetings. GBRA shall meet with City representatives at the City's request 35 to review operation, maintenance, and management activities and related issues. 36 37 ARTICLE 5 - PROJECT PERFORMANCE 38 39 Section 5.01 - Project Responsibility. GBRA acknowledges that the Project provides 40 essential public services and that the City will rely on GBRA to provide these services to the 41 public. The City has and shall retain full management responsibility for its water utility 42 system, notwithstanding the operation of the Project by GBRA. The City is and shall remain SAN MARCOS REGIONAL SURF ACE WATER TREATMENT PLANT OPERA nON CONTRACT 5-6-99 PAGE 10