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20 <br />APPROVED 12/05/05 <br />demonstrates that the Operating Revenues or Operating Expenditures reflected in any financial <br />statements prepared by RFP and audited as specified in the foregoing subparagraph (a) are <br />understated (in the case of Operating Expenses) or overstated (in the case of Operating <br />Revenues), in either case by more than five percent (5 %), or that there were material <br />inaccuracies or omissions of any other nature which were intentional or grossly negligent by <br />RFP, RFP'shall pay to the County the reasonable cost of such audit. The County's right to have <br />such an audit made with respect to any Fiscal Year and RFP's obligation to retain the above <br />records shall expire three (3) years after RFP's statement for such Fiscal Year has been delivered <br />to the County. <br />6.2 Annual Plan. <br />(a) RFP shall provide to the County on or before one hundred twenty (120) <br />days prior to the end of each Fiscal Year, an annual management plan, which shall include the <br />annual operating budget described in Section 5.3 for the next Fiscal Year. The annual plan shall <br />include information regarding RFP's anticipated operations for such Fiscal Year, including . <br />planned operating maintenance activities by RFP, requested Capital Improvements and Capital <br />Equipment purchases and an anticipated budget therefor, anticipated programs, activities and <br />events at the. Facility, anticipated advertising and promotional activities, and planned equipment <br />and furnishings purchases. The annual plan shall be subject to review, revision and approval by <br />the County. Following review and revision by the County; RFP shall have thirty (30) days to <br />incorporate the County's revisions into its plan and resubmit the revised plan for approval. Upon <br />approval by the County, such annual plan shall constitute the operating program for RFP for the <br />following Fiscal Year. <br />6.3 Monthly Reports. <br />Prior to the Orange County Commissioners' second regularly monthly meeting of <br />each month during the term of this Agreement, RFP shall provide to the County a written <br />monthly report in a form approved by the County and similar to that used in other RFP managed <br />facilities setting out the Facility's anticipated programs,, activities and events for the upcoming <br />month and reporting on.the prior month's activities and finances; provided, however, that it shall <br />not be a breach of this agreement if -such regular meeting is scheduled on a date too early in a <br />month for RFP to deliver such report, provided that no date on or after the third Monday of any <br />month may be considered "too early." RFP shall include in such report a balance sheet, income <br />statement, and other financial reports (such as a departmental expense report and event <br />accounting). <br />7. Employees. <br />7.1 RFP Employees. <br />(a) Subject to Section 7.2, RFP shall select, train and employ at the Facility <br />such number of employees as RFP deems necessary or appropriate to satisfy its responsibilities <br />hereunder; RFP shall use its best efforts to recruit employees who will-be proficient, productive, <br />and courteous to patrons, and, subject to Section 7.2, RFP shall have the authority to hire, <br />18 <br />