Agmt04 San Mateo County - vario - Laserfiche WebLink

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and upkeep are defined as the direct costs of equipment maintenance and parts; personnel costs are not included. (c) Each of the parties shall make an initial contribution toward the Maintenance Fund in the amount of $835.00, due on July 1, 2004 for the 2004-2005 fiscal year. Thereafter, during the term of this Agreement, each SMCTG member shall pay an annual Maintenance Fund assessment to Brisbane for the cost of ordinary maintenance and upkeep of the simulators during the coming fiscal year. The Maintenance Fund assessment shall be billed to the members by Brisbane in July of each year and shall be paid within 30 days after receipt of billing. The annual assessment shall be the same amount as the assessment for the immediately preceding year unless a majority of the SMCTG members determine that such amount should be revised, based upon the recommendation of the Operations Committee. (d) In the event of major repairs or other unforeseen expenses that exceed the annual assessment for the Maintenance Fund, Brisbane shall promptly give notice of such fact to the Operations Committee indicating the nature and extent of the repair or expense and the estimated cost. For purposes of this paragraph, a major repair or unforeseen expense shall consist of any combined expenditure that will exceed the then balance of the Maintenance Fund or any single expenditure that will exceed the sum of $5,000.00, whichever may be applicable. The repair work or expense described in the notice shall not be performed or incurred by Brisbane until the same has been approved by SMCTG. If the estimated repair cost or expense does not exceed the sum of $5,000.00, it may be approved by the Operations Committee; if the estimated repair cost or expense exceeds the sum of $5,000 or if the members of the Operations Committee are unable to agree on the repair or expense regardless of the amount, it may be approved by majority vote of the SMCTG members. Each member shall remit to Brisbane an equal share of the estimated repair cost or other expense within thirty (30) days after the repair or expense has been approved, or within such other time as may be specified in the approval. Mter completion of the repair work or payment of actual expense, Brisbane shall provide an accounting to the members and either bill the members for the amount by which the actual cost exceeded the estimate, or refund to the members the amount collected in excess of the actual cost (unless the members agree to apply such excess as a credit toward future contributions to the Maintenanee Fund). (e) Any damage to the simulators caused by the willful misconduct or negligent act or omission of an SMCTG member shall be repaired at the sole expense of that SMCTG member. If the damage is covered by property insurance obtained by SMCTG pursuant to Section 8 of this Agreement, such member shall pay to SMCTG the amount of any deductible or self-insured retention under the policy. 5. Administrative Costs and Personnel Expenses: (a) The overhead and direct costs attributable to the administration of this Agreement by Brisbane shall be charged to the Maintenance Fund. Such cost shall not exceed $1,000 per year without prior approval ofthe Operations Committee. Rev. 7/21/03 -3- --r--"-"'""~""""--'