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Agenda 06-03-2025; 8-p - Approval of Sportsplex Management Services Agreement
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Agenda 06-03-2025; 8-p - Approval of Sportsplex Management Services Agreement
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5/29/2025 1:42:46 PM
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BOCC
Date
6/3/2025
Meeting Type
Business
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Agenda
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8-p
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12 <br /> discretion subject to the Non-Discrimination Policy and Living Wage Policy of Orange <br /> County. Manager agrees to use reasonable and prudent judgment in the selection and <br /> supervision of personnel. Owner specifically agrees that Manager shall be entitled to <br /> pay its employees, as an Operating Expense, bonuses and benefits in accordance with <br /> Manager's then current employee manual, which may be modified by Manager from time <br /> to time in its sole discretion. Manager shall, to the greatest extent possible, retain all non- <br /> management level employees employed at the Facility as of the Effective Date. <br /> 6.2 General Manager and Management-Level Employees. Personnel <br /> engaged by Manager will include a full-time on-site General Manager and other <br /> management level employees. The General Manager will have general supervisory <br /> responsibility for Manager and will be responsible for day-to-day operations of the Facility, <br /> supervision of employees, and management and coordination of all activities associated <br /> with events taking place at the Facility. Manager shall identify the General Manager to the <br /> Owner and any change in the General Manager. The General Manager shall have suitable <br /> knowledge and experience to carry out the required tasks. <br /> 6.3 Post-Termination Em Ig_oyment. In the event of termination or expiration of <br /> this Agreement, in order to provide for continuity of operations of the Facility, or in <br /> any case where Owner, or any successor manager, expresses an interest in hiring <br /> any of Manager's employees, Manager may not deny such a request so long as the <br /> Manager's employee does not retain or share with Owner or a successor manager the <br /> Manager's intellectual property material in any such future employment with Owner or a <br /> successor manager. This provision shall not apply to the individual appointed by Manager <br /> to be the General Manager of the Facility. Should Owner or any successor manager wish <br /> to hire or retain the General Manager, Manager must approve such hiring or retention. <br /> ARTICLE 7 <br /> PROCEDURE FOR HANDLING INCOME <br /> 7.1 Operating Account(s). Except as otherwise agreed to by the parties in writing all <br /> Revenue derived from operation of the Facility shall be deposited by Manager into the <br /> Operating Account(s) as soon as practicable upon receipt (but not less often than once <br /> each business day). The specific procedures (and authorized individuals) for making <br /> deposits to and withdrawals from such account shall be set forth in the Facility Policy Manual, <br /> but the parties specifically agree that Manager shall have authority to sign checks and <br /> make withdrawals from such account, subject to the limitation contained in this Agreement, <br /> without needing to obtain the co-signature of Owner. The Owner shall have access and <br /> visibility to all accounts owned by the Manager related to the Facility. <br /> ARTICLE 8 FUNDING; AUDITS; REPORTS <br /> 8.1 Source of Funding. Manager shall pay all items of expense for the operation, <br /> maintenance, supervision and management of the Facility from the Operating Account. <br />
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