Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract SECTION 11.7. BILLING AND PAYMENT. (A) Billing. The City shall pay the annual Base Fee in monthly installments in an amount equal to the sum of (1) one-twelfth of the annual Base Fee; (2) any monthly Pass-Through Costs; (3) any Extraordinary Items determined on a monthly basis; (4) one-twelfth of any Extraordinary Items determined on an annual basis; and (5) any adjustments, plus or minus, to reconcile any prior monthly Extraordinary Items or Pass-Through Cost payments. Any overpayment from prior months shall be credited against the monthly Service Fee payment. The monthly reimbursable costs shall be the full amount of any taxes levied or accrued labor benefits paid during the prior month. (B) Payment. The Service Fee for each month shall be on account of the Contract Services rendered during the prior month. If the Company provides the City with an invoice by the fIfteenth day of each month which sets forth the monthly portion of the Service Fee for the prior month and which shows the annual Service Fee and each component thereof as calculated for the then current Contract Year, together with the accumulated payments for each component to the date of such invoice and such other documentation or information as the City may reasonably require to determine the accuracy and appropriateness of the invoice, then the City shall pay the invoice within 30 days of receipt. Such 30-day period shall not begin to run until the Company complies, to the satisfaction of the City, with the provisions of this subsection. SECTION 11.8. ESTIMATES AND ADJUSTMENTS. (A) Pro Rata Adiustments. Any computation made on the basis of a stated period shall be adjusted on a pro rata basis to take into account any initial or fInal period which is a partial period. For purposes of this subsection, a month shall be taken as a month containing 30 days and a year shall be taken as a year containing 360 days. (B) Budgeting. For City budgeting purposes, no later than June 1 preceding each Contract Year, the Company shall provide to the City a written statement setting forth for such Contract Year its reasonable estimate of the aggregate Service Fee, each component thereof, and the Service Fee Adjustment Factors. (C) Adiustment to Service Fee. If any adjustment to the Service Fee is required pursuant to any express provision of this Service Contract, the party requesting the adjustment shall submit to the other party a written statement setting forth the cause of the adjustment, the anticipated duration of the adjustment, and the amount of the adjustment, as appropriate. Except to the extent that a longer period is otherwise specifically provided for in this Service Contract, any request for adjustment of the Service Fee hereunder shall be accepted or rejected by the party receiving the request within 45 days of receipt. If the receiving party does not notify the requesting party of its rejection and the reasons therefor within such 45-day period, the request shall be deemed rejected. A rejected request may be 80