Common use of Other Operational Requirements Clause in Contracts

Other Operational Requirements. 5.1 District agrees to operate and maintain City's collection system in accordance with good and accepted engineering standards and practices and agrees to comply with all applicable laws, permits, standards, and regulations as may be promulgated or applied by the State of Tennessee, the Environmental Protection Agency, or any other regulatory agency relative to the operation of the City’s sewage system and the collection and treatment of the City's sewage. 5.2 District shall operate and maintain the City Wastewater System under the terms of this agreement and in financial compliance with the annual budget approved by City for City Wastewater System and shall not incur any charge or obligation that is to be paid by City that exceeds the amounts provided for in the approved annual budget unless prior approval of such charge or obligation is received by and approved by the City governing body. In the event of an emergency requiring District to incur charges or obligations related to the City Wastewater System that are not authorized in or exceed the annual budget authority, District shall obtain the approval of the City's Mayor before incurring such charge or obligation. District shall also endeavor at all times to obtain the best pricing for equipment, materials, supplies and labor in the operation and maintenance of the City Wastewater System as is practical under the circumstances. 5.3 All commercial customers, specifically including but not limited to Food Service Facilities ("FSF's) contributing to the City Wastewater System, shall meet City’s wastewater standards as provided in the City’s Pretreatment Program and the Grease Control Program, as may be adjusted from time to time. All FSF's to be served by the City Wastewater System shall install interceptors that conform to the City’s requirements before connecting to the City Wastewater System. 5.5 City shall adopt strict policies regarding the handling of delinquent accounts, new developments, subdivisions, and mobile home parks per the requirements of City's grant and loan obligations with the USDA. District agrees to operate the City Wastewater System in accordance with the requirements of these programs and policies, as they may be changed from time to time. 5.6 District shall assign personnel to properly operate and maintain the City Wastewater System as may be reasonably required to assure a smooth and efficient operation. District must employ the necessary personnel to obtain and maintain all legally required certifications and comply with all other legal or regulatory requirements. District shall file with City the names, addresses and telephone numbers of District's general manager and any other authorized representatives of District who can be contacted at any time regarding District's operation and maintenance of the City Wastewater System. 5.7 District shall provide its employees involved with the Work with adequate training to perform the job responsibilities assigned to them and to assure their safety in the performance of their work activity. District's employees shall be required to wear a clean uniform bearing the District's name. Such employees shall additionally bear some means of individual identification as a name tag or identification card. At no time shall a District's employee in any way identify or represent himself or herself as an employee of City. 5.8 District shall provide good customer service to City's wastewater customers in accordance with generally accepted standards for the operation of a municipal wastewater system but in no event less than the standard that District maintains for its own utility customers. District shall notify City monthly of complaints received from City customers or others regarding the City Wastewater System. 5.9 District shall provide customer service to City wastewater customers during its regular business hours for District's other customers. 5.10 City shall be responsible, at its expense, for procuring all permits, and licenses required for the City Wastewater System to be fully operational as of the startup of the system except that District will provide the necessary licensed employees to operate and maintain the City Wastewater System. All permits, and licenses applicable to the City Wastewater System shall be issued in the name of the City except for the licenses of any employee of District necessary to operate the system. District shall materially comply with the provisions of all such permits, orders, and licenses. City shall supply to District a copy of all permits, and licenses including NPDES discharge requirements for the City Wastewater System. 5.11 At all times hereunder, title to the City Wastewater System and all applicable permits shall remain in the name of the City. 5.12 During the term of this agreement, District shall routinely inspect and monitor the City Wastewater System as necessary to ensure the proper operation of the system and in conformance with any applicable laws, state regulations or permits and all other requirements or orders of TDEC. 5.13 City, or its designated agent, shall have the right to inspect the City Wastewater System during all operating hours and at such other times as may be deemed necessary to protect the interests of City. 5.14 All proposed design, construction and operational plans, permit applications or other documents that are submitted to regulatory authorities, including requests for modifications, addenda or other additions, shall be submitted in City’s name, and City shall pay any fees required to be paid with any such submissions.