Res 2003-059 - Laserfiche WebLink

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187. LICENSE AGREEMENT THE STATE OF TEXAS COUNTY OF HAYS The City of San Marcos (the "City") is the owner of the real property and improvements known as the San Marcos Water Treatment Plant (the "Plant"), located at 91 Old Bastrop Road, in San Marcos, Caldwell County, Texas. The Guadalupe-Blanco River Authority ("GBRA"), operates the Plant under an agreement with the City. In addition, GBRA has installed monitoring and control equipment (the "Equipment") in the Plant for facilities operated by GBRA for the Hays Energy, LP. power plant in San Marcos, Texas, the City of San Marcos, and the Canyon Regional Water Authority water treatment plant near Martindale, Texas. In consideration of the covenants made by GBRA in this agreement, the City grants a license to GBRA to utilize an area of the control room and the mechanical/electrical room of the Plant to operate and maintain the Equipment under the following terms and conditions. The area to be used is subject to approval by the City's Director of Water and Wastewater. 1. GBRA shall be solely responsible for operation and maintenance of the Equipment. GBRA shall maintain and operate the equipment in accordance with applicable laws, construction and safety codes, publications and standards, and in a manner that does not interfere in any way with the operation of the Plant. 2. GBRA shall pay a fee of $500 per month for the rights granted under this agreement, which includes electrical usage associated with the Equipment. This amount will be adjusted each year based on the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers, South Urban Region during the previous twelve month period as of the anniversary date of this agreement. GBRA will make payments to the City by the fifteenth of each month for that month. Late payments will incur a $25 late payment penalty. 3. GBRA agrees that it will be solely responsible for, and will hold harmless, indemnify and defend the City and its officers and employees as to, all claims, demands and suits related to GBRA's use or maintenance of the Equipment. 4. GBRA shall not make any changes to the physical configuration of the Equipment without the prior written permission of the City. If GBRA proposes any changes to the physical configuration of the Equipment, the City may adjust the amount of the license fee under Paragraph 2 above. 5. The City requires that any modification or expansion of the Equipment, and any modifications to the Plant to serve the Equipment are conditioned upon the City having excess room and/or capacity available, unless the modification or expansion is associated solely with a previous contract to serve the City. Any such modification or expansion must be proposed in writing for City approval prior to installation. In the event GBRA fails to properly operate or maintain the Equipment, and such failure is determined by the City to adversely impact the City's Plant facilities, or if GBRA otherwise fails to comply with the terms or conditions of this agreement, the City may give GBRA written notice of the failure, and GBRA must correct the failure within 20 days from the date of notice. If GBRA does not satisfactorily correct the failure within the 20-day pedod, the City, in addition to other remedies it may have, may correct the failure at GBRA's expense.