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Attention: Executive Director, Finance and Management Services Agency, 20 Civic <br />Center Plaza, City Hall, First Floor, Santa Ana, CA 92702. A late charge of ten percent <br />(10 1/o) shall be applied after any payment hereunder is due but unpaid. In addition, one <br />and a half percent (1 1/2 %) interest per month shall be added for each month that payment <br />hereunder is due but unpaid. For any check that is returned for non - sufficient funds, for <br />any reason, Concessionaire shall pay the City an additional Twenty -Five Dollar ($25.00) <br />service fee. <br />4.0 OPERATIONAL RESPONSIBILITIES <br />4.1 Accounting and Audit. Concessionaire shall collect all fees as indicated <br />herein and agrees that it will provide the City with an annual accounting, thirty (30) days <br />after the end of each contract year showing the amount of fees collected per calendar <br />year. Concessionaire will also provide the City with data showing the breakdown <br />between residents and non- residents using the Facilities, thirty (30) days after the end of <br />each contract year. City may request detailed financial statements, including balance <br />sheets, profit and loss, or income statements to support the accounting and <br />Concessionaire shall provide such documentation within ten (10) days of City's request. <br />4.2 Reporting. Concessionaire agrees to provide the City with quarterly written <br />reports detailing usage of the Facilities by City residents and non- resident public. The <br />Concessionaire or his representative shall meet with the Executive Director once every <br />month, or at such other times as may be required by the City to review Concessionaire's <br />performance under this Agreement and to discuss any problems or issues as determined <br />by the City. <br />4.3 Quality of Service. Service to the public is of prime concern to City and is <br />considered a part of the consideration for this Agreement. Therefore, Concessionaire <br />agrees to manage, operate and conduct its operation in a first -class manner, providing <br />similar activities, programs and services. Concessionaire, following receipt of written <br />notification therefore, shall immediately withdraw or remove from sale any goods, <br />services, and/or merchandise which may be found objectionable to the Executive Director <br />based on findings that the provision of such teens are not in the best interest of the public <br />welfare. <br />4.4 Compliance with Laws, Rules and Regulations. Concessionaire shall <br />conform to and abide by all municipal and City ordinances, and all State and Federal laws <br />and regulations, insofar as the same or any of them are applicable; and where permits <br />and/or licenses are required for the Agreement, any related activity, and /or construction <br />authorized herein, the same must be first obtained from the regulatory agency having <br />jurisdiction thereover. Further, Concessionaire shall conform to and abide by all rules and <br />regulations and policies of the City Council, the Executive Director of the Parks, and any <br />other City departments insofar as the same or any of them are applicable. <br />4.5 Disorderly Persons. Concessionaire shall use its best efforts to permit no <br />intoxicated person or persons, profane or indecent language, or boisterous or loud <br />