Res 2005-127 - Laserfiche WebLink

Home Browse Search

City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article VI - Management and Operation SECTION 6.8. STAFFING AND PERSONNEL TRAINING. (A) Staffing. The Authority shall staff the Facilities during the Term of this Service Contract with qualified personnel who meet the licensing and certification requirements of the State, under a staffing plan which is consistent with the Authority's response to the RFP. The Authority will promptly fill vacated positions and will, from time to time, notify the City of any change in staffing levels and positions. The Authority shall not reduce the staffing level from that contained in the Staffmg Plan without the City's written approval, which the City shall not withhold unreasonably. (B) Changes in Staffmg Plan. Changes in the staffing plan or refusal by the appropriate Govemmental Body to approve proposed changes in the staffing plan shall not constitute a Change in Law unless such changes are required in order for the Authority to provide the Contract Services as a result of a separate and identified Change in Law event. In the case of such a separate and identified Change in Law event, the staffing plan as approved and in effect as of the date of such event shall be the baseline for measuring the effect of any such Change in Law event that affects required staff levels. (C) Training. The Authority shall be responsible for training the Facilities Manager and all other Authority personnel. SECTION 6.9. ENERGY SUPPLY AND CONSUMPTION. The Authority shall have the right and the responsibility to arrange for the supply of electricity, telephone, and all other Utilities to the Facilities, and to negotiate and establish rates and terms of service with the respective suppliers, subject to the written approval of the City, which approval may not be unreasonably withheld. The City shall be responsible for providing water and wastewater service to the Facilities that meet the needs of the Authority in fulfilling its obligations under the Service Contract. The Authority shall pay Utility bills in a timely manner. The Authority acknowledges that the Base Fee of the Service Fee, as escalated, includes all compensation to which the Authority is entitled on account of Utility service, except with respect to electricity, which is a Pass-Through Cost up to the Guaranteed Maximum Electricity Utilization. SECTION 6.10. SAFETY AND SECURITY. (A) Safety. The Authority shall maintain the safety of the Facilities at a level consistent with Applicable Law, Required Insurance, the Safety and Security Plan and Good Industry Practice. Without limiting the foregoing, the Authority shall: (1) maintain the security of the Facilities, take reasonable actions to prevent vandalism to and trespass or terrorism at the Facilities, and take reasonable precautions for the safety of, and provide reasonable protection to prevent damage, injury or loss by reason of or related to the operation of the Facilities to, (a) all employees working at the Facilities and all other persons who may be involved with the operation, construction, maintenance, repair and replacement of the Facilities, (b) all visitors to the Facilities, (c) all materials and equipment under the care, custody or control of the Authority on the Site, and 39