Reso 2020-052 - Laserfiche WebLink

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shall be reasonably available to appear at the Facility if deemed necessary by the Director's Appointee. The Course Manager shall have full authority to act for Manager on all matters relating to the performance of services under this Agreement and shall be the principal contact person for the Director's Appointee. 3.6.1 Owner acknowledges and agrees that the Course Manager and Superintendent currently in place as of the Commencement Date are acceptable to Owner. Neither the Course Manager nor the Golf Course Superintendent shall be replaced unless Owner has approved their replacements. Owner agrees not to unreasonably withhold approval of any such replacement. Manager agrees that at all times the Golf Course Superintendent shall have at least three (3) years' experience in the provision of golf landscape and grounds maintenance services. Manager shall employ all of the employees of the Facility, and all such employees shall be deemed employees of Manager and not employees of Owner or joint employees of Owner and Manager. Manager 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 Manager shall supervise through the management staff the recruiting, hiring, training, discharge, promotion, and work of all other employees of the Facility. For a period of one year after the date of termination of this Agreement pursuant to Section 7.1, Owner shall not solicit or hire as an independent contractor, consultant or employee any general manager or superintendent hired or employed by Manager after the Effective Date for the Facility, without the written consent of Manager; provided however, Owner may solicit or hire or engage any general manager or superintendent employed at the Facility prior to the Effective Date without the consent of Manager. In the event that Owner is dissatisfied with the performance of any Manager personnel, the following procedure shall be followed: (i) Owner 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 Manager's regional manager for the region in which the Facility is located, and (ii) Manager shall reasonably and promptly investigate and take appropriate action, as determined by Manager, with respect to Owner'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 an expense of the Facility payable by Owner in accordance with this Agreement. Further, Manager acknowledges and agrees that all Facility employees are subject to the City of San Leandro Living Wage Ordinance. 3.6.2 Benefit Plans. As described in any and all Owner approved Annual Plans, Manager shall provide eligible employees of the Facility employee retirement benefits and disability, health and welfare benefits and other benefit plan or plans now or hereafter available to employees of Other Manager Facilities and to charge the Facility with its allocable share of such Manager plan or plans. Manager shall have the right to provide eligible employees of the Facility with a profit-sharing plan. Management Agreement Between June 1, 2020 City of San Leandro and American Golf Corporation Page 10 of 28