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i) implement the Marketing and Promotional Plan for the Golf Course described in <br /> Section 3.08.2; <br /> j) shall be responsible for defending and settling claims, lawsuits, and demands relating <br /> to the operation of the Golf Course, as further provided in Article 11.0 below; and retaining <br /> legal counsel (and pay legal fees and costs) who under the direction of OPERATOR shall <br /> represent CITY, OPERATOR and the Golf Course on all questions relating to Legal <br /> Requirements, and shall institute and defend any and all legal actions or proceedings as shall be <br /> reasonably necessary to collect charges, rent or other income for the Golf Course, to dispossess <br /> tenants or other persons in possession from all or any portion of the Golf Course, to cancel or <br /> terminate any lease, license or concession agreement on the grounds of default by the tenant, <br /> licensee, or concessionaire, or to contest property taxes. CITY shall have the right to approve <br /> any legal counsel retained by OPERATOR to defend the CITY, and to approve all legal bills <br /> incurred in such defense. In the event of disagreement on legal counsel to be retained, CITY <br /> may designate legal counsel to be retained. This obligation shall not apply to the City's original <br /> approvals and entitlements to construct the Golf Course; and <br /> k) maintain a level of Supplies deemed appropriate by OPERATOR for operating the <br /> Golf Course. <br /> 5.02 Personnel. <br /> 5.02.1 General. OPERATOR shall employ all of the employees of the Golf Course and <br /> set all terms and conditions of the employment. OPERATOR shall make all decisions relating <br /> to the hiring of employees, the employment of its employees and the direction of its work force. <br /> The number of OPERATOR's employees shall be no more than reasonably necessary to <br /> efficiently operate the Golf Course. OPERATOR shall recruit, hire, train, discharge, promote <br /> and supervise the Management Staff of the Golf Course defined as the General Manager, <br /> Superintendent of the Golf Course, Golf Professional and Food Service Manager, and all other <br /> employees of the OPERATOR. All employees of the Golf Course shall be properly qualified <br /> for their positions. OPERATOR may at its expense assign management trainees to the Golf <br /> Course, who shall remain under supervision of the OPERATOR'S on -site Management Staff. <br /> OPERATOR shall provide reports showing all employees and their job titles, as requested by <br /> Director. <br /> 5.02.2 Compensation. Compensation of OPERATOR'S employees shall be no greater <br /> than that paid at other golf courses managed by OPERATOR, unless specifically approved by <br /> the Director, taking into consideration recognizable differences in scope of work and cost of <br /> living at other golf courses. All employees of OPERATOR, other than the Management Staff, <br /> shall use a time clock to keep track of the hours worked. <br /> 5.02.3 Prevailing Wages. OPERATOR shall comply with the requirements of the <br /> California Labor Code including but not limited to hours of labor, nondiscrimination, payroll <br /> records, apprentices, workers' compensation and prevailing wages for applicable employees <br /> including but not limited to employees undertaking construction, demolition, installation, repair <br /> or maintenance work to the Golf Course and Facilities. No less than the general prevailing rate <br /> 21 <br />