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<br />The City of San Marcos Facilities Service Contract <br /> <br />SERVICE CONTRACT <br />FOR <br />WASTEWATER TREATMENT FACILITIES OPERATIONS <br />AND MAINTENANCE <br /> <br />THIS SERVICE CONTRACT FOR WASTEWATER TREATMENT FACILITIES <br />OPERATIONS AND MAINTENANCE is made and entered into as of this 16th day of August, <br />2005 between the City of San Marcos, Texas, a municipal corporation organized and existing <br />under the laws of the State of Texas (the "City"), and Operations Management International, <br />Inc., a corporation organized and existing under the laws of the State of Califomia (the <br />"Company") (the "Service Contract"). <br /> <br />RECITALS <br /> <br />(A) The City owns the City of San Marcos, Texas waste water treatment <br /> <br />facilities. <br /> <br />(B) The City is responsible for the collection and treatment of wastewater in <br />the City's service area. <br />(C) The City's wastewater treatment facilities consists of a wastewater <br />treatment plant and related facilities. <br />(D) The City has determined that it is in the City's best interests to contract <br />with a third-party operator on a long-term basis to operate and maintain certain wastewater <br />treatment facilities assets and to meet the requirements of applicable law. <br />(E) The City issued a request for proposals on January 11, 2004 to certain <br />fIrms to provide wastewater treatment facilities operations, and set forth in the RFP the criteria <br />for selection of the preferred proposer. Four addenda to the RFP were issued on February 20, <br />2004, February 23, 2004, February 26, 2004 and March 3, 2004. The City provided potential <br />proposers with reasonable access to the wastewater treatment facilities to allow them the <br />opportunity to review documentation and to conduct such inspections and reviews as they <br />deemed necessary to become familiar with the wastewater treatment facilities prior to <br />submission of the proposals. <br />(F) Proposals submitted in response to the RFP were received on March 11, <br /> <br />2004. <br /> <br />(G) A Request for Clarification was issued on September 21, 2004. Three <br />addenda to the Request for Clarification were issued on October 5, 2004, November 1, 2004 <br />and November 15, 2004, respectively. Proposal clarification submittals were received on <br />November 29, 2004. <br />(H) Based on an evaluation utilizing the evaluation factors and selection <br />criteria and following the review and selection process identified in the RFP, the City selectedR <br />1 <br />