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2003/04/09 Council Agenda Packet
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2003/04/09 Council Agenda Packet
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Council Agenda Packet
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4/9/2003
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- iii. Employee's Acts <br /> BCG hereby expressly assumes all responsibility for any act done by its <br /> employees, and BCG expressly agrees that its will defend, save harmless, <br /> and indemnify the City, its officers, employees and agents against any loss <br /> or expense, claim or claims, action or actions, injuries or damages arising <br /> from any act done by BCG's employees or from any loss or expense, <br /> claim or claims, action or actions, injuries or damages arising from BCG's <br /> employee(s) when acting or alleged to have arisen with their scope of <br /> employment whether on or off site; provided however, "scope of <br /> employment" shall include all acts of the employees which are directly of <br /> indirectly related to or arise from their employment. <br /> Equipment. BCG shall,pursuant to its preparation of annual operating and capital <br /> budgets (hereinafter later defined as the "Annual Budget and Program") as set <br /> forth in Paragraph 5P, develop a list of required equipment and a purchase/lease <br /> schedule and, maintain in good working condition and order the physical plant <br /> and equipment at or within the Facility. <br /> The City will make available for BCG's use, any equipment now on the Facility. <br /> BCG will be responsible for maintenance and repair of all City-owned equipment. <br /> Said City-owned equipment shall be maintained in good operating condition. The <br /> parties agree to conduct an initial walk-through of the Facility to assess current <br /> conditions. The parties further agree to compile a complete and accurate <br /> inventory of City-owned equipment and BCG-owned equipment for Legion <br /> Memorial Golf Course. Said inventory will be completed within thirty (30) days <br /> of the effective date of this Agreement. <br /> BCG will have complete responsibility of maintaining the fire extinguishers and <br /> range hoods as required by code. The kitchen's fire suppression system, cooking <br /> unit, grease-trap and exhaust system shall be cleaned, inspected, and serviced <br /> every six months. Service reports will be submitted to the City. If this <br /> requirement is not complied with, the City may complete the work and charge all <br /> such direct costs to BCG. <br /> J. Consultation. BCG shall, as part of its services hereunder, make its staff available <br /> to City at a time,place, and date designated by the City for consultation regarding <br /> the Facility, including, but not limited to operating procedures,pro shop, food and <br /> beverage service, management and operation, marketing, capital improvements, <br /> and practice area operation. The City shall designate an individual or a <br /> Committee to consult and meet with BCG monthly or more frequently as <br /> reasonably requested by City. <br /> K. Retail Operations and Inventory. BCG will operate and manage the pro shop and <br /> food and beverage retail operations at the Facility. BCG will provide a copy of <br /> price schedules clearly showing actual price and applicable sales tax, which shall <br /> at all times be displayed in the Facility or at points of sale. Price lists, signs, or <br /> other graphics required of or displayed by BCG will be restricted to those agreed <br /> upon with the consent of the City, which consent will not be unreasonably <br /> withheld. The City will, at its expense, provide Greens Fee rate structure signs. <br /> 6 <br />
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