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c) Purchases by OPERATOR for City's Account. OPERATOR shall take <br /> advantage of all available discounts and other prompt pay strategies. In connection with any <br /> purchases made by OPERATOR or an Affiliate of OPERATOR for the account of CITY, <br /> OPERATOR or such Affiliate may perform services as a representative of the manufacturer to <br /> secure the benefits of lower costs, and that any resulting savings, including representatives' <br /> fees, shall be passed on to CITY. <br /> d) Trade Discounts, Rebates, Refunds and National Accounts. All trade <br /> discounts, rebates and refunds, including national accounts, pertaining directly to purchases for <br /> the Golf Course (but excluding refunds and rebates received by OPERATOR in connection <br /> with purchasing or leasing related to all other golf courses and country clubs operated or <br /> managed by OPERATOR) shall be disclosed to and accrue to the benefit of CITY. <br /> e). Purchases from OPERATOR Affiliates. If any purchases of goods or <br /> services for the Golf Course are made from or through an Affiliate of OPERATOR, the charges <br /> to the Golf Course for such goods or services shall be on the same terms as those made to other <br /> golf courses and country clubs operated by OPERATOR and such charges shall not exceed the <br /> invoice prices for such goods and services. <br /> 5.03.2. Approval of the City. If a contract has not been approved through the Annual <br /> Budget or exceeds the budgeted amount, approval of the Director is required. <br /> 5.03.3 Requirements for Third -Party Contracts. Subcontractors, lessees, <br /> concessionaires, tenants and any other third -party contractors shall: <br /> a) Maintain and carry insurance in the amounts set forth in Article 11.0 with the <br /> CITY named as additional insured by endorsement, unless covered by the OPERATOR's <br /> insurance. <br /> b) Comply with the requirements of this Operating Agreement, including but <br /> not limited to the nondiscrimination provision set forth in Section 5.04, the drug free workplace <br /> provision in Section 5.05 and the Labor Code requirements in Section 5.02.3, which shall be <br /> included in all subcontracts, leases, concessionaire and other third -party contracts. <br /> 5.03.4 Reports. OPERATOR shall provide a list of all open contracts and agreements <br /> related to the Golf Course, with a brief description of the contract, term, dollar amount, contact <br /> name and phone number, as requested by Director. <br /> 5.04 Nondiscrimination. During the performance of this Agreement, OPERATOR and its <br /> subcontractors shall not unlawfully discriminate against any employee or applicant for <br /> employment, or customer, because of race, color, ancestry, religion, sex, national origin, <br /> marital status, age, physical disability, mental disability, medical condition or sexual <br /> orientation. Equal opportunity for employees extends, but is not limited to, recruitment, <br /> compensation, benefits, layoff, termination, and all other conditions of employment. <br /> OPERATOR and subcontractor shall ensure that the evaluation and treatment of their <br /> employees, applicants for employment and Invitees are free of such discrimination. <br /> 24 <br />