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<br />City of San Marcos/Guadalupe-Blanco River Authority <br />Water Treatment Facilities <br /> <br />Service Contract <br />Article VI - Management and Operation <br /> <br />change to the Operation and Maintenance Manual is made, to be reviewed and approved in <br />accordance with the procedures described in this Section. Such updates shall not diminish the <br />standards set forth in the initial Operation and Maintenance Manual. Notwithstanding any <br />such review and approval by and discussion with the City, the Operation and Maintenance <br />Manual shall remain at all times the responsibility of the Authority. Neither the review of or <br />approval by, nor the failure of the City to review, comment on, or approve the Operation and <br />Maintenance Manual shall relieve the Authority of any of its responsibilities under this Service <br />Contract. <br /> <br />(C) Supplements for Capital Modifications. The Authority shall prepare <br />supplements and revisions to the Operation and Maintenance Manual which are required due <br />to the design, construction and installation of Capital Modifications. Such supplements and <br />revisions shall be provided, reviewed and approved in the same manner as provided in this <br />Section with respect to the initial Operation and Maintenance Manual. The cost and expense <br />of all such supplements and revisions shall be bome by the Authority, except with respect to <br />suppIements and revisions necessitated by Capital Modifications directed by the City or <br />required by a Change in Law or other Uncontrollable Circumstance. <br />SECTION 6.7. DESIGNATED EMPLOYEE. (A) Authority Emplovment of <br />Designated Emplovee. The Authority shall provide full-time, regular employment to the <br />Designated Employee if he elects to accept such employment, to be effective as of the <br />Commencement Date. The Authority's provision of employment will be effectuated subject to <br />the Authority's standard drug and alcohol screening, and background checks. The Authority <br />may also require the Designated Employee to participate in standard health, competency and <br />other tests required of all new employees as long as such tests and evaluations are not used to <br />disqualify the Designated Employee from initial employment. The Authority acknowledges <br />that the City intends to discontinue its employment of the Designated Employee and transfer <br />the Designated Employee to the Authority on the Commencement Date. The City acknowledges <br />and agrees that the Authority is an "at will employer" and that the Designated Employee will be <br />subject to the policies, procedures and programs applicable to all Authority employees. <br />(B) Wages and Benefits of Designated Emplovee. The Authority's offer of <br />empIoyment to the Designated Employee shall include (1) wages which in the aggregate, are <br />equal to or better than the wages provided by the City to the Designated Employee as of the <br />Contract Date, and (2) personnel, pension and/or retirement savings benefits the value of <br />which, in the aggregate, are substantially equivalent to the value of the personnel, pension or <br />retirement savings benefits provided by the City to the Designated Employee as of the Contract <br />Date. For purposes of this Subsection 6.7(B), the City acknowledges that the Authority's <br />current personnel benefits, and pension and retirement savings plans as summarized on <br />Appendix 5 are "substantially equivalent" to those provided by the City. <br /> <br />38 <br />