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<br />The City of San Marcos Facilities Service Contract <br /> <br />Insurance, the Safety and Security Plan and Good Industry Practice. Without limiting the <br />foregoing, the Company shall: (1) maintain the security of the Facilities, take all reasonable <br />actions to prevent vandalism to and trespass or terrorism at the Facilities, and take all <br />reasonable precautions for the safety of, and provide all reasonable protection to prevent <br />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, construction, maintenance, repair and replacement of the Facilities, (b) all visitors to <br />the Facilities, and (c) all materials and equipment under the care, custody or control of the <br />Company on the Facilities Site, including City Facilities Property,; (2) establish and enforce all <br />reasonable safeguards for safety and protection, including posting danger signs and other <br />warnings against hazards and promulgating safety regulations required by Applicable Law; <br />(3) give all notices required under Applicable Law and otherwise comply with all Applicable Law <br />relating to the safety of persons or property or their protection from damage, injury or loss; <br />(4) designate a qualified and responsible employee at the Facilities whose duty shall be the <br />supervision of plant safety, the prevention of fires and accidents and the coordination of such <br />activities as shall be necessary with federal, State and City officials; (5) operate all equipment <br />in a manner consistent with the manufacturer's safety recommendations; (6) provide for safe <br />and orderly vehicular movement and shall conduct weekly inspections to ensure that each <br />vehicle possesses the required safety equipment; and (7) develop and carry out a Site-specific <br />safety program, including employee training (initial and annual) and periodic inspections, <br />designed to implement the requirements of this Section. <br />(B) Security. The Company shall be responsible for the security of the <br />Facilities, and shall maintain suitable fences, gates and locks at the Facilities. The Company <br />shall guard against and be responsible for damage or injury to such properties caused by <br />trespass, negligence, vandalism or malicious mischief of third parties, to the extent resulting <br />from a Willful or Negligent Act, Error or Omission of the Company. The Company shall report <br />breaches in security and threats of such breaches to the Director of Water and Wastewater <br />Utilities and to the San Marcos Police Department immediately upon discovery. The Company <br />will conduct an annual review of the Facilities' security with the City to identify areas of risk <br />and measures for improving security, The Company may change the locks and security codes <br />on any or all of the maintenance facilities and equipment, provided a duplicate key and/ or <br />security codes for all changed locks shall be provided to the City. All keys and security codes <br />shall be identified by tag or location. The Company will provide information, as requested, to <br />the federal DHS or other designated agencies. <br />SECTION 7.13. COMPLIANCE WITH APPLICABLE LAW. (A) Compliance <br />Obligation. The Company shall perform the Contract Services in accordance with Applicable <br />Law including, but not limited to, all Governmental Approvals, and shall cause all <br /> <br />43 <br />