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3.8 Personnel. <br /> 3.8.1 General. Subject to the Annual Budget Plan and the terms of this <br /> Agreement, Contractor shall employ all of the employees of the Facility, and all such employees <br /> shall be deemed employees of Contractor and not employees of City or joint employees of City <br /> and Contractor. Contractor shall recruit, hire, train, discharge, promote and supervise the <br /> management staff of the Facility (i.e., the general manager or course manager, the assistant <br /> managers, the course superintendent,department heads and other key personnel), and Contractor <br /> shall supervise through the management staff the recruiting, hiring, training, discharge, <br /> promotion, and work of all other employees of the Facility. Contractor shall provide any legally <br /> mandated training, safety training in accordance with industry standards, and training in <br /> Contractor's cash handling and inventory control procedures for all Contractor employees. <br /> Further, Contractor will use reasonable efforts to provide a safe work environment for Contractor <br /> employees and a workplace free from illegal harassment or illegal discrimination. For a period <br /> of one year after the date of termination of this Agreement pursuant to Section 8.1, City shall not <br /> solicit or hire as an independent contractor, agent, consultant or employee any general manager <br /> or superintendent previously hired or employed after the Effective Date for the Facility without <br /> the consent of Contractor. In the event that City is dissatisfied with the performance of any <br /> Contractor personnel, the following procedure shall be followed: (i) City shall communicate any <br /> complaints regarding personnel below the rank of general manager to the general manager and <br /> shall communicate complaints regarding the general manager to Contractor's regional manager <br /> for the region in which the Facility is located, and (ii) Contractor shall reasonably and promptly <br /> investigate and take appropriate action, as determined by Contractor, with respect to City's <br /> complaints. All employees of the Facility shall be properly qualified for their positions. The <br /> Compensation of the management staff and all other Facility employees shall be approved by City <br /> as part of the Annual Budget Plan (or, in the event that a change in management staff occurs <br /> during an Operating year and after the Budget has been finalized, then as otherwise approved in <br /> writing by City) and be an Operating Expense of the Project payable by City in accordance with <br /> this Agreement. <br /> 3.8.2 Benefit Plans. Contractor shall have the right to provide eligible employees <br /> of the Facility with profit sharing and other employee retirement benefits and disability,health and <br /> welfare benefits and other benefit plan or plans now or hereafter available to employees of Other <br /> Contractor Facilities, if such benefits have been approved in the Annual Budget Plan, and to charge <br /> the Facility with its allocable share of such Contractor plan or plans. <br /> 3.8.3 Temporary Assignment of Other Contractor Personnel. If Contractor <br /> shall reasonably deem it advisable, and after City's prior approval, Contractor may temporarily <br /> assign to the Facility the general manager, the head golf professional and other members of the <br /> management staff from the employees of Contractor or Affiliates of Contractor or from the staff <br /> of Other Contractor Facilities. During such time as these employees are temporarily assigned to <br /> the Facility, all such employees will be paid their regular Compensation (as defined herein), and <br /> the pro-rata share of such employees' Compensation equal to the actual time such employees <br /> worked at the Facility shall be an Operating Expense of the Facility. <br /> -9- <br />