NS Purchasing - SportsPlex Facility Management Agreement

Browse Search

APPROVED I?105/OS RFP shall follow all policies and guidelines of the County hereafter established or modified by the County that the County notifies RFP in writing are applicable to the Facility {including without limitation any methodology pertaining to the allocation of any costs and expenses by the County to the Pacility as permitted herein); provided further that to the extent that such policies or guidelines hereafter established or modified by the County affect revenues or expenses at the Facility, then and in that event, the Operating Revenue Benchmark shall be appropriately adjusted so that it reflects the revenues resulting from such established or modified policies or guidelines. {c) Approval of the County. To the extent that the approval of the County is required under the terms of this Agreement, the written approval of the Contract Administrator shall constitute the approval of the County, except to the extent the approval of another party is expressly required by the terms of this Agreement. {d} Standards for Measurement of RFP's Performance. The County is entering into this Agreement in part based upon RFP's stated expertise and experience in managing and promoting other facilities similar in nature to the Facility and that RFP will utilize all of its good- faith commercially reasonable efforts to manage the Facility in afirst-class, high-quality, fiscally responsible manner and in the County's best interest. It is the intention of the parties hereto that RFP will use its good faith commercially reasonable efforts to accomplish the following performance goals in its management of the Facility: (i) Decreasing the yearly subsidy required by the County to the expenses of the Facility from the County's General Fund; and (ii) Improving the quality of operations and programming at the Facility. (e} It is the express intent of the parties hereto that this Agreement be construed to the fullest extent possible in accordance with I.R.S. Revenue Procedures and Rulings, including Revenue Procedure 97-13, relating to management contracts for facilities financed with tax-exempt installment purchase financing and Certificates of Participation, and, for purposes of determining the parties' compliance with such Revenue Ruling, all provisions hereof shall be interpreted or applied in such a manner as to provide the greatest compliance with the same. RFP acknowledges and agrees that it shall not be entitled to and does not intend to claim any compensation whatsoever or howsoever measured or denominated hereunder which does not comply with such Revenue Procedures and which could jeopardize tax-exempt status of the interest paid as part of the County's financing of the purchase, up-fit, expansion or otherwise of the Facility. Under no circumstances shall RFP enter into any agreement for use of the Facility where such use exceeds thirty (30) days over such agreement's entire term (including renewal terms), without the prior written consent of the County. 2.2 Scope of Services -Generally. RFP shall perform and furnish such management services and systems as are appropriate or necessary to operate, manage and promote the Facility in a manner consistent with 6