Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract Modifications directed by the City or required by a Change in Law or other Uncontrollable Circumstance. SECTION 7.10. STAFFING AND PERSONNEL TRAINING. (A) Staffing. The Company 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 Contract Standards and Appendix 3 (the "Staffmg Plan"). The Company shall notify the City of any change in staffing levels and positions from time to time, shall not reduce the staffmg level from that contained in the Staffmg Plan without the City's written approval, and will promptly fill vacated positions. (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 Company 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 Company shall be responsible for training the Facilities Manager and all other Company personnel. Within 60 days following the Commencement Date, the Company shall submit to the City for its review and comment a personnel training program which the Company proposes to institute in order to ensure that the Facilities are managed and operated in accordance with this Service Contract. Such personnel training program shall include the personnel training guidelines, policies and procedures established: (1) by the EPA; (2) in any Govemmental Approval or operator's certificate required or issued by any Govemmental Body; and (3) in any other Applicable Law. SECTION 7.11. ENERGY SUPPLY AND CONSUMPTION. The Company 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 needed for operation and maintenance of the Facilities at no charge. The Company shall ensure that all water use at the Facilities is metered and the quantities reported to the City on a monthly basis. The Company shall pay all Utility bills in a timely manner. The Company acknowledges that the Base Fee of the Service Fee, as escalated, includes all compensation to which the Company 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 7.12. SAFETY AND SECURITY. (A) Safety. The Company shall maintain the safety of the Facilities at a level consistent with Applicable Law, Required 42