Agmt16 ABM Onsite Services - West, Inc. DBA ABM Parking Services

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2 . Contractor, at City's direction and as City's agent, shall pay to City on or before the 20th day of each month during the term of this Agreement all parking revenues, if any, for the preceding month , less the sum of all Operating Expenses and Consultant Fees as defined above in Section 10(A) . 3 . In the event that Parking Facility revenues for any month are less than the above amounts to which Contractor is entitled , and no dispute has been communicated in writing as justification for withholding full payment, City shall pay to Contractor the amount of the deficiency within thirty (30) days of the above accounting for the month . City will pay any undisputed amounts consistent with this provision within 30 days . 4 . It is the City's intent to pay Contractor on a timely basis . In the event that the City does not reimburse Contractor any undisputed amounts within the time required herein and Contractor gives notice to City of outstanding undisputed amounts due, City shall pay Contractor a five (5%) percent late payment fee on such amounts. SECTION 11 . FEES AND TAXES A. Contractor shall pay when due all applicable fees, taxes, or charges of whatever nature lawfully levied on the right of Contractor to operate and manage the Parking Facilities . B . Contractor shall maintain all documents and records in Paragraph A of this section, and any other information which demonstrates performance under this Agreement, for a minimum period of three (3) years from the date of the final payment under the Agreement to Contractor, or for any longer period required by law. C . Any records or documents required to be maintained pursuant to this Agreement shall be made available for reasonable inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, Finance Director, Parking Manager, or a designated representative of any of these officers . D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution , abandonment or termination of Contractor's business, City may, by written request of any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in City Hall or designated City facility. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in interest. E. Contractor shall have proprietary rights to all software provided by Contractor in performing the requirements under the terms of this Agreement. ATTY/2016.304/ABM ONSITE SERVICES — WEST, INC. REV: 10-26-16 JS Page 19 of 38