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herein and the action Contractor proposes to take, or has taken (including the amount of any <br /> expenditures). If Contractor is unable to contact City, or circumstances require immediate action, <br /> then Contractor shall be authorized to make reasonable emergency expenditures which in the <br /> aggregate do not exceed the amount budgeted therefore in the Annual Budget Plan. Provided that <br /> an emergency expenditure was justified, the line item in the Annual Budget Plan for emergency <br /> expenditures shall be deemed increased by the amount of the emergency expenditures made by <br /> Contractor so that at all times,the line item amount for emergency expenditures shall remain at the <br /> approved level. <br /> 3.5 Technical Assistance Services. During the Operating Period, Contractor will <br /> provide, as needed, certain supervisory and consulting services to the Facility from Contractor's <br /> regional and corporate technical assistance services program, including business planning and <br /> budgeting, Capital Improvement planning, training, security, marketing and sales, central <br /> purchasing, merchandising, food and beverage, maintenance, human resources, legal compliance, <br /> financial reporting, and accounting. Except as provided in Section 3.6 below, these services will <br /> be provided by Contractor without any additional charge to City. <br /> 3.6 Special Consulting Services. In addition to the services described in Section 3.5 <br /> above,upon City's prior written request and approval, Contractor may provide to the Facility such <br /> additional consulting services not contemplated by this Agreement which would not otherwise be <br /> performed in the ordinary course of day-to-day operations of the Facility, including but not limited <br /> to special legal consultation, (as necessary and as approved by City in advance), construction and <br /> design consultation and construction supervision related to Major and non-Major Capital <br /> Improvements ("Special Services") and as further described in Contractor's Proposal, dated <br /> January 28, 2026. City shall reimburse Contractor for all costs and expenses associated with <br /> Contractor's providing such Special Services which shall be the total of(i)the actual cost of labor, <br /> (ii) the actual cost of supplies and materials, and (iii) all related travel, subsistence and similar <br /> expenses incurred by Contractor's personnel associated with the performance of the Special <br /> Services, but not to exceed the budget approved by the City as set forth in the immediately <br /> succeeding sentence. Upon City's request for the performance of a Special Services project, <br /> Contractor shall prepare a scope of work and budget and submit to City for review and approval. <br /> Contractor shall not commence any Special Services project without City's prior approval. <br /> 3.7 Maintenance and Other Responsibilities of Contractor. Without in any way <br /> limiting Contractor's right and obligation to manage and operate the Facility in accordance with <br /> and subject to the Annual Budget Plans, Contractor shall, in its own name perform, or cause the <br /> same to be performed for the Facility,those maintenance and other services as set forth in Exhibit <br /> B, attached hereto and incorporated herein by this reference. <br /> Maintenance requirements for the District's land may be periodically updated by the <br /> District. Therefore, the Parties hereby agree that the maintenance requirements set forth in this <br /> Section 3.7, and set forth in Exhibit B, shall be subject to amendment from time to time based on <br /> the District's requirements. The City Manager or their designee shall have the authority to amend <br /> this Section 3.7, only, based on new, updated, or amended maintenance requirements. <br /> -8- <br />