2005 S Purchasing & Recreation Factory Partners

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APPROVED 12/05/05 County shall be responsible for undertaking all Capital Improvements and Capital Equipment purchases pursuant to Section 5.8; (f) establish and adjust membership fees and user fees consistent with the Facility Policy Manual, prices, rates and rate schedules for the aforesaid licenses, agreements and contracts and any other commitments relating to the Facility to be negotiated by RFP in the course of its management, operation and promotion of the Facility. In determining such fees, prices and rate schedules, RFP shall evaluate comparable charges for similar goods and services at similar and/or competing facilities and shall consult with the Contract Administrator about any adjustments to the fees, prices and rate schedules at the Facility to be made by RFP; (g) to the extent that Operating Revenues or funds supplied by the County are made available therefor, pay, when due all Operating Expenses from accounts established pursuant to Sections 5.6 and 5.7 of this Agreement; (h) after consultation with the County, i~lstitute or defend, at the reasonable expense of the County, with counsel agreed to by both parties, such legal actions or proceedings as RFP shall deem necessary or appropriate in connection with the operation of the Facility, including, without limitation, to collect charges, rents or other revenues due or to cancel, terminate or sue for damages under, any license, use, advertisement or concession agreement for the breach thereof or default thereunder by any licensee, user, advertiser, or concessionaire at the Facility; (i) maintain a master set of all booking records and schedules for the Facility; (j) provide day-to-day administrative services in support of its management activities pursuant to Approved Budgets and annual plans described herein, including, but not limited to, the acquisition of services, equipment, supplies and facilities; internal budgeting and accounting; maintenance and property management, personnel management; record-keeping; collections and billing; and similar services; (k) engage in such advertising, solicitation, and promotional activities as RFP deems necessary or appropriate to develop the potential of the Facility and the cultivation of broad community support (including without limitation selling advertising inventory and securing product rights for the Facility). RFP shall work with the Orange County Economic Development Commission and such Visitor's Bureau, Chamber of Commerce; alliance of business groups and government groups as designated by County through the Contract Administrator to market the Facility for conventions, trade shows and public entertainment shows. In connection with its activities under this Agreement, including without limitation advertising relating to the Facility, RFP shall be permitted to use the terms "Orange County SportsPlex" and logos for such names in its advertising, subject to the approval of the County; (1) Market and secure new commercial rights sales for the Facility; (m) In consultation with the County, evaluate and adjust the operational structure of the Facility as needed;