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9 <br />retain executive representation for functional and technical expertise as needed in order to incorporate <br />any work by third party subcontractor(s). <br />b.If any Services, deliverables, functions, or responsibilities not specifically described in this Contract are <br />required for Provider’s proper performance, provision and delivery of the service and deliverables under <br />this Contract, or are an inherent part of or necessary sub-task included within such service, they will be <br />deemed to be implied by and included within the scope of the contract to the same extent and in the <br />same manner as if specifically described in the contract. Unless otherwise expressly provided herein, <br />Provider will furnish all of its own necessary management, supervision, labor, facilities, furniture, <br />computer and telecommunications equipment, software, supplies and materials necessary for the <br />Provider to provide and deliver the Services and Deliverables. <br />c.Provider warrants that it has the financial capacity to perform and to continue perform its obligations <br />under the contract; that Provider has no constructive or actual knowledge of an actual or potential legal <br />proceeding being brought against Provider that could materially adversely affect performance of this <br />Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of <br />competent jurisdiction. <br />d.A sample Sportsplex Management Agreement that will be executed with the selected Provider is <br />included. The Agreement is subject to negotiation. <br /> 5.0 SCOPE OF SERVICES <br />In general, the Provider will be responsible for all aspects of oversight for the staffing, marketing, <br />maintenance, event management, sponsorship and advertising sales, and day-to-day operations of the <br />Orange County Sportsplex. Specific responsibilities are contained in the attached Sportsplex <br />Management Agreement. <br />5.1 PERFORMANCE OBJECTIVES AND REPORTING REQUIREMENTS <br />In general, the Provider is expected utilize all of its good faith commercially reasonable efforts to manage <br />the Facility in a first-class, high-quality, fiscally responsible manner and in the County’s best interest. The <br />Provider will use its good faith commercially reasonable efforts to accomplish the following performance <br />goals in its management of the Facility: <br />•As an enterprise fund, Manager shall generate sufficient Operating Revenue to cover Operating <br />Costs; <br />•Operating Revenue shall provide Debt Service Coverage of 1.25X as part of the Budget formulation <br />and Audited results; <br />•Improving the quality of operations and programming at the Facility; <br />•Operating the Facility in a manner that promotes the Guiding Principles contained in the Owner’s <br />Strategic Plan. <br />Additional performance expectations and reporting requirements are contained in the attached Sportsplex <br />Management Agreement. <br />•Project Timetable <br />o Issue Request for Proposal – November 7, 2024 <br />o Proposers Questions Due – December 5, 2024 <br />o Responses to Questions Due – December 12, 2024 <br />o Proposals Due – January 9, 2025 by 3:00 pm <br />o Evaluation of Proposals – January 2025 <br />o Interviews of Selected Organizations – January 2025 <br />o Proposal Award – February 2025 <br />Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE