Facilities operation and management

Scenario
For this assignment, learners are provided with a freedom to assess the discussion in a form of report from
secondary sources like books, journals, articles and so on based on a situation below.
However, the learners should particularly focus on the situation below
Pestana Palace, one of the best hotels in Lisbon, is a 5 star hotel in a 19th century palace, located in a residential area. Its gardens, with a variety of plants and subtropical trees, are classified as “National Monument”. This hotel in Lisbon is located near some of the most important monuments of the city, such as Centro Cultural de Belém, Mosteiro dos Jerónimos and Centro de Congressos (Congress Centre). It has 193 rooms, 4 of these being royal suites. In the present day, in the Palace building we can find the chapel and the hotel’s service areas (porter and reception, salons, bar and the Valle Flôr restaurant), small meeting rooms and the 4 royal suites. All salons are profusely decorated, with French-inspired details. The private quarters of the Marquises have been turned into beautiful and spacious suites. Here, likewise, works of art decorate the walls, complemented by elegant furniture from antique shops and by luxury sofas. The view to the Tagus river or to the vast gardens of the Palace can be enjoyed from all royal suites.
The Pestana Palace hotel in Lisbon has 176 Rooms, 13 Suites in the New Wings and 4 in the Palace.
Features
 › Amenities  › Central heating  › Air conditioning  › Private bathroom with bathtub and shower  › Safe
 › Free Internet access in the rooms  › Work table / Secretary  › Mini Bar  › Possibility of programming ISDN lines  › 24 hour Room Service  › Bathrobe and slippers  › Hairdryer  › External direct line telephone  › Cable TV with Pay-TV  › Voice Mail  › 220 Volts voltage
For your gastronomical delight the Pestana Palace has at your convenience several areas for eating.
Valle Flôr Restaurant Overlooking its magnificent private park, the acclaimed Restaurant “Valle Flôr” is open for breakfast, lunch and dinner, serving Portuguese cuisine to the highest standard.
Bar Allegro Bar “Allegro” is situated near the Restaurant, offering a light menu and live music in the evenings. Enjoy some of our own cocktails.
Casa do Lago During the milder months of the year, light meals and drinks are also served at “Casa do Lago”, a 19th century oriental pavilion overlooking the exterior pool.
Services
The services are mostly provided by the hotel (for a fee where indicated). External to the Hotel services are indicated.
o Free shuttle to and from the city center (2 departures from the hotel in the morning and 2 in the afternoon), through: Jerónimos Monastery, Belem Tower, Rossio, Marques de Pombal Square, Castle and El Corte Inglés o Free Internet Premium access in public areas o Rent-a-car o Turkish bath o Bar o Business Center (Internet access) o Hairdresser o Credit cards accepted: Visa, MasterCard, American Express and Diners o Wellness Center, Massages and beauty treatments o Audiovisual equipment o Fax and copy machine o Fitness Center / Gym o Free Internet access in the rooms o Jacuzzi o Laundry o Parking (paid) o Pestana Kids Club o Pool o Indoor heated pool o Reception o Restaurant o Room service available 24 hours o Meeting and conference rooms
o Sauna o Transfer service (paid) o Medical service (paid) o Sky Bags – airport check-in service with weighing and collecting luggage. Avoid carrying your bags, large queues and delays at
Pestana Palace has meeting rooms equipped with air conditioning, most enjoying natural light and stunning views over the River Tagus. They offer a wide range of layouts with the most up-to-date audio-visual equipment, and are also ideal for product launches, presentations, fashion shows, parties and intimate dinners. The attentive service of our Conferences and Banqueting Team guarantees the success of every event.
Pestana Conferences & Meetings Located in the former coach house of a XIX century Palace great infra-structure and recognized quality services ideal for holding meetings, congresses and conferences and other kinds of company events and private functions.
Magic Spa Signature Treatments The Magic Spas by Pestana now offer a totally exclusive menu with their signature face and body treatments, designed with ancestral, therapeutically inspirational techniques collected from around the world. With each of the treatments offered, give in to the perfect fusion between the touch of our licensed therapists and the aromas carefully chosen for the immediate and visual results.

Learning Outcome Tasks Mode of Assessment Learning Outcome 1 Understand the operational responsibilities of a facilities manager A) Referring to the above scenario, write an essay in which to cover the following points: 1a) – Assess the responsibilities of the facilities manager at Pestana Palace for staff engaged in facilities operations and for the customers using the facility. (AC 1.1, 1.3)
1b) – Discuss the responsibilities the facilities manager at Pestana Palace has for operational aspects of the building and the impact on facilities operations of employers and/or funding agencies. (AC 1.2, 1.4)
Individual Assignment to cover LO1, LO2 – to submit:
– 1 essay – 1 booklet – 1 report
2a) – Create a booklet in which to assess all the legislative acts that we need to consider while managing an organisation such as Pestana Palace Hotel. (AC 2.1)
2b) – Considering that you are the Facilities Manager of the Pestana Palace Hotel, write a report to the General Manager and discuss in detail how the following areas can be improved: health, security and safety, energy waste, waste management, fire safety. Also you need to discuss the documentation required to account for compliance with statutory regulation
and health, safety and environmental measures. Make recommendations on the initiatives that you think will help the hotel to achieve a competitive edge and state clearly the costs to the hotel if nothing will be done. (AC 2.2, 2.3)

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Constitutional & Comparative Context

I need 3 pages answer the following questions please mark the question and the answer.

1.Pembaur and City of Canton
This discussion is based on two legal cases: Pembaur and City of Canton. Please respond to both sets of questions. ◦A. There are several lessons to learn from the case Pembaur v. City of Cincinnati et al.(1986). First, if you are a police officer and are going to knock down a door with an axe make sure you have the right people. This case basically asks if it is legal to search a person’s home or business to serve an arrest warrant without having a search warrant. The courts found that it is a violation of constitutional rights.
“What are the implications of treating the statement by the prosecutor, ‘to go in and get’ the witnesses, as official government policy? Do you think the prosecutor foresaw that it would lead the police to chop down Pembaur’s door? Would a reasonable administrator foresee such a consequence?” (Rosenbloom 2000, p. 56).
◦B. The case City of Canton, Ohio v. Harris (1989) focuses on the failure of a city to train its police officers to provide medical care to a detainee. “Restate the standard under which municipalities may be held liable for failure to train. Are you personally aware of a failure to train in your local government that could trigger liability?” (Rosenbloom 2000, p. 59).

2.Qualified Immunity
Prior to 1971 public employees and officials were granted absolute immunity. This meant that government employees were not held accountable for their actions. Take for example the Spalding v. Vilas case, in which a government employee was not held responsible for slandering a business owner’s reputation. Can you imagine a U.S. postmaster today circulating a letter to all your friends and business associates stating that you were a thief. You would immediately hire an attorney and sue the U.S. Post Office along with the post master and the media would be all over the story! However, prior to 1971, you would not find any relief from the courts because government employees were immune from liability. Today, however, thanks to the Harlow case public administrators can now be held accountable for their actions. This means that public administrators cannot violate an individual’s constitutional rights of which a “reasonable person” would have known.
Pulling directly from question 2 on page 53 of the court cases read for this week, respond to the following questions. “Does this mean that the “reasonable person” standard is really one of administrative competence, as assessed by judges? How can an administrator develop reasonable knowledge of the constitutional rights that bear on his or her job? How can the judge determine what reasonable knowledge of this kind an administrator should have? Do you think that judges are likely to understand public administration well enough to make sound decisions in this regard?” (Rosenbloom, 2000, p. 53).
3.Constitutional Competence
In the past, public servants used to be immune from lawsuits. However, today as a public servant there is a chance that you or your agency will get sued. In other words, public servants have qualified immunity. In order to protect yourself, you should be up to date on constitutional law. In other words, public administrators are required to be constitutionally competent. Are you? Do you own a copy of the constitution? Do you know what constitutional rights an individual has? Have you ever been involved in litigation as a public servant? If so, what was the circumstances and what did you learn from the experience?
4. Separation of Powers System v. Parliamentary System
In Part 5, the comparative context, Rohr discusses ethical issues in Great Britain and France. The key difference between countries in western Europe, such as France and Britain, is that these governments operate under parliamentary systems, whereas the U.S. operates under a system of separation of powers. First, what is the fundamental difference between these two systems? How might this key difference create obstacles in implementing ethical behavior and checks and balances in the executive and legislative? What about ethics among bureaucrats who wield an enormous amount of discretion?
5. Ethics and Administrative Culture. The discussion on comparative governments and ethics also brings up the dilemma of administrative culture. The Weberian bureaucracy, which is what most government structures are based on, does not operate the same in the Middle East as it does in Latin America as it does in the United States. Government’s have distinct cultures, which allows for variation in ethical behavior among public servants. What is ethical is China is not ethical in the U.S. and will probably land you in jail. So when we speak of ethics, it is important to remember that the definition of ethics varies across countries regardless if the country uses Weber’s ideal-type bureaucracy. Furthermore, the scope of the problem also varies. For example, Mohamed Soharto, political leader of Indonesia stole between $15-35 billion from its country, where as the U.S. typically does not witness such large amounts of money being stolen from our government (that we know of). Relying on the Global Corruption Report, what is the scope of political corruption and what is recommended to decrease corruption? Do you think these suggestions will work? According to the POGO website, what U.S. contractors are involved in corruption?

Sources:
•John Rohr, Public Service Ethics & Constitutional Practice, pp. 123-136
•Also read Cases 2.1 to 2.4, pages 51-61 located in Sakai, Files Directory, course reserves. This includes excerpts from the following cases: Harlow v Fitzgerald (1982) – qualified immunity, Pembaur v City of Cincinnati (1985) – municipal liability, City of Canton Ohio v Harris- failure to train, and Harley v Schuykill County (1979) et al – public administrator’s right to disobey. Again, these are excerpts, if you would like to read the cases in full go to http://www.findlaw.com/casecode/supreme.html

and I will sent power point also.

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Biotech Research Business Partnership Agreement

For this project you will be writing a Partnership agreement for Mrs. White, Mr. Plum, and Dr. Peacock. They want to start a biotech research business in the form of a General Partnership. All three are to be general partners and there are no limited partners.

As with any partnership, each of the partners has different strengths and weaknesses and needs.
As with any business, the tasks that need to be performed will differ from one business to another, e.g., this partnership business might have the need to dispose of hazardous biological waste.

Now as I hope your text tells you, a Partnership can be formed with or without a formal partnership agreement. If there I no agreement, or if the partners do not attend to all details, the Uniform Partnership Act will, by law, fill in the details.
So, before you construct your agreement, you should look through the excerpts from the UPA (attached under Project 2 description) , to know what happens if no mention is made in a partnership agreement. For example,

As a general partnership is owned by several parties engaging in business–
No one is entitled to compensation for the work they do in the business.
Everyone is entitled to an equal share of the profits, and liable for an equal share of the losses
Everyone has equal right to manage the business in all particulars, and each partner is an agent for the partnership in all matters,
And so on.

These are the rules — Unless the partnership agreement provides otherwise. This is very important, since it is just these sorts of things that might have to be altered–and others as well–to take into account the strengths and weaknesses of the partners, and the nature of the business as a Biotech research firm.

Use your imagination!

You may include some boilerplate from internet examples of partnership agreements, but most of your grade will be based on how you construct your agreement to be useful to the three partners, and to foresee, ahead of the problem, what problems they might face down the road.

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Frieda’s lawsuit

Critical Thinking Project 1

Select (only) one of the following three scenarios, and respond to the questions asked in each case.
This exercise requires that you

• Acknowledge and articulate every applicable legal principle;
• Discuss the application of the legal principles to the facts given;
• If additional factual information would be relevant in deciding the outcome in each case, discuss what those facts are, and how they might affect the outcome.
• Come to a reasoned conclusion.
• When in doubt, expand rather than contract discussion.
• This exercise should take at least one full page, double spaced to adequately complete.

In general: This is not a research project. It is an exercise in identifying and applying legal principles, and in isolating facts relevant to making legal determinations. Whether any case has been decided on similar facts, whether your conclusions would accord with such decisions, is not important. This project should be entirely in your own words, without reference to or quotation of other sources.

[Of course if you do in fact use the words or ideas of sources other than the text, you must adequately attribute them.]

1 I. Jake is at the Boston Biceps Bodybuilding Club riding an exercise bike. Jake wants to change the channel on the television that is mounted high on a nearby wall. He cannot find the remote control device, so Jake drags the exercise bike over to the television and stands on the seat of the exercise bike in order to reach the television, but the seat post breaks. Jake cannot control his temper and throws the bike across the room against the wall, breaking it apart, with the handlebars landing on the running track. Half an hour later, another patron, Frieda, trips over the handlebars as he is running on the track and is injured.

Frieda wants to file a lawsuit for her injuries.

Discuss:

1. The legal claims which Frieda would have against the manufacturer;

2. The legal claims which Frieda would have against the health club;

3. The likely outcome of the lawsuits [and why you believe this will be the outcome].

Be sure to fully articulate all applicable legal principles, identifying the facts provided—or needed—to apply the law to the facts so as to justify your conclusion.

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