Item 16 - Agreement for River View Golf Course Managment Services

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3.8 Personnel. 3.8.1 General. Subject to the Annual Budget Plan and the terms of this Agreement, Contractor shall employ all of the employees of the Facility, and all such employees shall be deemed employees of Contractor and not employees of City or joint employees of City and Contractor. Contractor shall recruit, hire, train, discharge, promote and supervise the management staff of the Facility (i.e., the general manager or course manager, the assistant managers, the course superintendent, department heads and other key personnel), and Contractor shall supervise through the management staff the recruiting, hiring, training, discharge, promotion, and work of all other employees of the Facility. Contractor shall provide any legally mandated training, safety training in accordance with industry standards, and training in Contractor's cash handling and inventory control procedures for all Contractor employees. Further, Contractor will use reasonable efforts to provide a safe work environment for Contractor employees and a workplace free from illegal harassment or illegal discrimination. For a period of one year after the date of termination of this Agreement pursuant to Section 8.1, City shall not solicit or hire as an independent contractor, agent, consultant or employee any general manager or superintendent previously hired or employed after the Effective Date for the Facility without the consent of Contractor. In the event that City is dissatisfied with the performance of any Contractor personnel, the following procedure shall be followed: (i) City shall communicate any complaints regarding personnel below the rank of general manager to the general manager and shall communicate complaints regarding the general manager to Contractor's regional manager for the region in which the Facility is located, and (ii) Contractor shall reasonably and promptly investigate and take appropriate action, as determined by Contractor, with respect to City's complaints. All employees of the Facility shall be properly qualified for their positions. The Compensation of the management staff and all other Facility employees shall be approved by City as part of the Annual Budget Plan (or, in the event that a change in management staff occurs during an Operating year and after the Budget has been finalized, then as otherwise approved in writing by City) and be an Operating Expense of the Project payable by City in accordance with this Agreement. 3.8.2 Benefit Plans. Contractor shall have the right to provide eligible employees of the Facility with profit sharing and other employee retirement benefits and disability, health and welfare benefits and other benefit plan or plans now or hereafter available to employees of Other Contractor Facilities, if such benefits have been approved in the Annual Budget Plan, and to charge the Facility with its allocable share of such Contractor plan or plans. 3.8.3 Temporary Assignment of Other Contractor Personnel. If Contractor shall reasonably deem it advisable, and after City's prior approval, Contractor may temporarily assign to the Facility the general manager, the head golf professional and other members of the management staff from the employees of Contractor or Affiliates of Contractor or from the staff of Other Contractor Facilities. During such time as these employees are temporarily assigned to the Facility, all such employees will be paid their regular Compensation (as defined herein), and the pro-rata share of such employees' Compensation equal to the actual time such employees worked at the Facility shall be an Operating Expense of the Facility. In