AG 2008 05 19 - Laserfiche WebLink

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(a) Subject to Section 7.2, SMG shall select, train and employ at the Facility such number of employees as SMG deems necessary or appropriate to satisfy iffi rasponsibilitiea hereunder; SMG shall use its best efforts to recruit employees who will be proficient, productive, and courteous to patrons, and, subject to Section 7.2, SMG shall have authority to hire, terminate and discipline any and all personnel working at the Facility. All employee shall ba informed of the standards sat forth in Section 2.1(d) hemof. (b) After the parties' agreement mgarding the selection process, and the County's opportunity to interview general manager aendidates and upon consulffition with the Couuty, SMG shall assign to the Facility a competent, ihll-time general manager. From lima to time the general manager may provide assistance in connection with the cousultingand/or man- agement services provided by SMG or any of its Affiliates at other facilities managed, owned or leased by SMG or auy of its Affiliates, provided that (i) such assistance does not affect in any material respect the reaponarbilitias and duties of the general manager to the Facility and (ii) the coat of the salary and banofiffi of the general manager for the time spent in co~actioa with pro- viding such assistance shall be mimbutsed by SMG to the operating account of the Facility. Prior to SMG's appoinUnent of such general manager, SMG shall consult with the Contract Ad- ministratorwith respect to the qualifications of the general manager proposed by SMG. (c) SMG employees at the Facility shall not for any propose be considered to be employees or agents of the County, and SMG shall be solely responsrble for their supervision and daily direction and control and for setting, and paying as an Operating Expense, their com- pensation (and federal income tax withholdiapJ and any employee benefits, and all costa related to their employment shall be an Operating Expense. 7.2 County Emnloveea. (a) As of the date hereof, there era six (6) full-time County employees at the Facility, none of whom pre union employees, and three (3) of whom am part-time employees (collectively, the "Employeea'~. Alt such County employees who choose to remain at the Facil- ity rather than to transfer to another County depaztmant or to otherwise cease working at the Fa- cr7ityprior to July 1, 20p5 (collectively, the "Remaining County Employeea'~ shall become SMG employees on July 1, 2005. As ofJuly 1, 2005, the County shall asuse all Remaining County Employees in The applicable group who have not accepted as offer of employment by SMG to cease working at the Facility. SMG agrea8 w evaluate all Remaining County Employ- ees during the Employment Period and after the expiration of the Employment Period, continued employment themof shall be a the sole diaemtion of SMG. (b) The County•agreas that in the event that SMG is at any time requited to make contributions to multiampioyer plans (as that farm is dafiaod in Section 4001(a)(3) of the Employee Retirement Income Security Act of 1974 (FRIBA), as etnanded), on behalf of or for the benefit of SMG's union employees during rho term of this Agreement, the patties will mutu- ally agree in a separate agreement to the affect that County shall hold harmless SMG from any Losses in respect of any-withdrawal liability if thorn am any unfunded vested benefits under any such multiamployer playa in connection with the hiring and faiag of such employees by SMG durittg the term of this.Agrcement or the temtination of this Agmament. r~.ea .raw roa.ao~a~a o.n.~w a~WC~nw ~a.ao~ otstsaoc 19 q( F-3