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<br />The City of San Marcos Facilities Service Contract <br /> <br />"Safety and Security Plan" means the plan developed by the Company which <br />addresses (1) all reasonable precautions for the safety of, and all reasonable protection to <br />prevent damage, injury or loss by reason of or related to the operation of the Facilities to (a) all <br />employees working at the Facilities and all other persons who may be involved with the <br />operation or maintenance of the Facilities, (b) all visitors to the Facilities, (c) all machinery, <br />materials and equipment under the care, custody or control of the Company on the Site, and <br />(d) other property on the Site; (2) all reasonable safeguards for safety and protection, including <br />posting danger signs and other warnings against hazards and promulgating safety regulations; <br />(3) all notices and compliance with all Applicable Laws relating to the safety of persons or <br />property or their protection from damage, injury or loss; (4) designation of a qualified and <br />responsible employee at the Facilities whose duty shall be the supervision of plant safety, the <br />prevention of fires and accidents and the coordination of such activities as shall be necessary <br />with federal, State and City officials; (5) operation of all equipment in a manner consistent with <br />the manufacturer's safety recommendations; (6) provision for safe and orderly vehicular <br />movement; and (7) development and carrying out of a site-specific safety program, including <br />employee training and periodic inspections, designed to implement the requirements of the <br />plan. <br /> <br />"SCADA" means, in the context of data gathering and telemetry systems, <br />"Supervisory Control and Data Acquisition." <br />"Senior Supervisors" has the meaning specified in Section 7.8. <br />"Septage" means the liquid and solid material pumped from a septic tank, <br />cesspool or similar domestic sewage treatment system, or a holding tank, during cleaning <br />located within the City and any other municipality under contract with the City for the <br />processing of Septage at the Facilities. <br />"Service Contract" means this Service Contract for Facilities Operations and <br />Maintenance between the Company and the City, including the Appendices and the <br />Transaction Forms, as the same may be amended or modified from time to time in accordance <br />herewith. <br /> <br />"Service Contract Approvals" means all approvals, authorizations, consents or <br />clearances, if any, necessary to be obtained by the City from the EPA, TCEQ, or any other <br />Governmental Body in order for this Service Contract to become effective. <br />"Service Fee" has the meaning specified in Section 11. 1. <br />"Service Fee Adjustment Factor" has the meaning specified in Section 11.7. <br />"Specified Site Conditions" means, and is limited to, (1) the presence at the <br />Facilities of subsurface structures, materials or conditions having historical, archaeological, <br />religious or similar significance, (2) the presence at the Facilities of functioning subsurface <br /> <br />13 <br />