2007/07/25 Council Agenda Packet

5. Discrimination a. The Contractor agrees to comply with all state and local laws prohibiting discrimination with regard to creed, religion, race, age, color, sex, marital status, sexual orientation, gender identity, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical disability unless based upon a bona fide occupational qualification. 6. Signs a. The Contractor shall not post any signs, other than normal day-to-day operating prices, promotions and activity signs, at the courses without the prior approval of the Director. 7. Advertising a. Parks retains the right to approve or disapprove the following: 1) Advertisements for commercial vendors unrelated to the clubhouse operation. 2) Advertising of the courses. 3) Marketing and promotion plans. 4) Partnership agreements. b. Parks will not unreasonably withhold approval or disapprove such advertising plans or agreements. If the Contractor determines the retention of such rights is unreasonably withheld, Parks and the Contractor agree to reexamine or renegotiate the impacted areas of revenue and responsibilities. 8. Courses' Public Use a. The Contractor shall use its best efforts to optimize the public use of the courses and gross revenue. b. The Contractor shall use its best efforts to effectively market and promote the courses to help insure their financial and operating success. c. The Contractor shall have complete responsibility to manage tournaments for customers including managing all aspects of special events. d. The Contractor shall, as part of its contractual requirements, provide qualified professionals to teach programs and lessons. 9. Utilities a. Upon commencement of the term of this Contract, Parks shall be responsible for arranging for the utility services required by the courses. These include water, gas, electricity, sewer service and trash removal. The Contractor acknowledges that during the term of this Contract, there 16 10