Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract ARTICLE V TRANSFER OF DESIGNATED EMPLOYEES SECTION 5.1. EMPLOYMENT OF DESIGNATED EMPLOYEES. (A) Emplovee Orientation. Within 15 days following the Contract Date, the Company and the City shall conduct joint employee orientation workshops for the purpose of familiarizing Designated Employees with the obligations of the Company under this Service Contract generally, the specific details of the manner in which the Company plans to carry out and implement its obligations under this Section, and the options of any Designated Employees if such employee were to choose not to accept the Company's employment offer. The workshops shall provide each Designated Employee with information sufficient to make an informed decision as to whether to accept the Company's offer of employment, including a written statement of compensation and benefits. The Company shall provide interviews, employee performance analysis and training needs assessments. All written communications by the Company to the Designated Employees prior to the Commencement Date shall be subject to the written approval of the City. (B) Offer and Emplovment. The Company shall provide full-time, regular employment at the Facilities to the Designated Employees if they elect to accept such employment, to be effective as of the Commencement Date. The Company's provision of employment will be effectuated following a drug screening and potential background check, but shall be otherwise unconditional, and shall not be subject to any other health, competency or other test, fact or circumstance relating to the Designated Employees. The Company acknowledges that the City intends to discontinue its employment of the Designated Employees and transfer the Designated Employees to the Company on the Commencement Date. Offers of employment required hereunder shall be for positions and responsibilities which are substantially similar in nature to the positions and responsibilities of the employee while under the City's employ. No offer of employment shall be for a position lower than that held by the employee at the time of such offer. (C) Wages and Benefits. The Company's offer of employment to each Designated Employee shall include (1) wages and benefits which, in the aggregate, are equal to or better than the wages and benefits provided by the City to such Designated Employee as of the Contract Date, and (2) pension or retirement savings benefits the value of which, in the aggregate, are substantially equivalent to the value of the pension or retirement savings benefits provided by the City to such Designate Employees as of the Contract Date, all as more specifically set forth in Appendix 4. 31