Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract may be appropriate to account for any dispute then pending). For those circumstances that require Cost Substantiation under Section 15.7, the Company shall make such books and records available to the City for inspection, audit and copying upon reasonable notice during business hours to the extent necessary to allow the City to determine to its reasonable satisfaction the accuracy, completeness, currency and propriety of any charge or request for payment hereunder. The Company shall also be required to provide the City with monthly budget performance reports for the Corrective Maintenance Budget, the Pass Through Cost Component or Variable Component (if any). (E) Inspection, Audit and Adiustment. The City shall have the right to perform or commission an inspection or an independent audit of the fmancial information related to the Corrective Maintenance Budget, the Pass Through Cost Component or Variable Component (if any), subject to possible reimbursement as provided in this Section. If an inspection or audit reveals that the City has overpaid the Service Fee, then the Company shall, at the election of the City, either immediately reimburse to the City or offset against future Service Fee payments, as a Service Fee adjustment, the overpaid amount, in addition to interest, from the time such amount was initially overpaid until reimbursed or credited to the City, at the Prime Rate. If an inspection or audit contemplated by this Section discloses an overpayment of the Service Fee to the Company of 1 % or more of the total amount that should have been properly paid by the City during the period audited, then the Company shall, in addition to the reimbursement or credit of such overstated amount, with interest, reimburse the City for any and all Fees and Costs incurred in connection with the inspection or audit. The foregoing remedies shall be in addition to any other remedies the City may have, including remedies for an Event of Default by the Company. SECTION 7.16. PERIODIC REPORTS. (A) Monthlv Operations. The Company shall provide the City with monthly operations reports no later than 15 days after the end of each Billing Period, including the following operating data: (1) a summary of all notices and laboratory, test and other reports filed with or received from all Governmental Bodies pursuant to the Governmental Approvals; (2) a summary of the quantities and characteristics of Effluent discharged during such month; (3) a summary of quantities and types of chemicals and other agents used in the treatment of Influent and Residuals; (4) a summary of Facilities process efficiencies by process units; (5) the quantities of electricity, natural gas, water and other Utility services used during such month; (6) a summary of staffing levels, job positions and workforce turnover; 48