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4. Remittance and Reporting. <br />Beginning as set forth above and monthly thereafter, OPERATOR shall report and remit <br />payment to CITY of the applicable operating agreement fee set forth in Section 2 of this <br />AGREEMENT. OPERATOR shall report to CITY any gross receipts received during the <br />preceding monthly reporting period and shall remit to CITY on or before the last day of the <br />month following the operating agreement fee due and owing during said period as <br />applicable in accordance with Section 2 of this AGREEMENT. When the last day of the <br />month falls on a City Holiday or City Hall Closure Day then the reporting/remittance date <br />shall fall on the next City business day following. The operating agreement fee shall be <br />acknowledged and agreed by CITY to be paid timely if paid on said date. When <br />reporting/remitting is made by mail, the postmark date shall serve as proof of timely <br />reporting/remittance. <br />Records Inspection, Examination and Audit. <br />OPERATOR acknowledges and agrees that CITY is empowered under this Agreement <br />to inspect, examine and audit OPERATOR's books and records (including tax filings and <br />returns), to ascertain the amount of operating fees due and owing. CITY or its authorized <br />agents shall have the power and authority to conduct a full inspection, examination and <br />audit of such books and records (including tax filings and returns) at any reasonable time, <br />including but not limited to, during normal business hours. In the event any such books, <br />records, tax filings and returns cannot be made fully available within the City of Santa Ana, <br />OPERATOR acknowledges and agrees that it shall reimburse CITY for the cost of all <br />transportation, lodging, meals, portal-to-portal travel time, and other incidental costs <br />reasonably incurred by CITY or its authorized agents in obtaining said full inspection, <br />examination and audit. In the event that said records inspection, examination and audit <br />determines that a net operating agreement fee payment deficiency of greater than Five <br />Percent (5%) exists; OPERATOR acknowledges and agrees that it shall reimburse CITY for <br />the full cost of said records inspection, examination and audit reasonably incurred by CITY <br />or its authorized agents. <br />6. Past due date — Past due penalty; Late interest. <br />A. Any OPERATOR entity or individual who fails to pay the operating agreement fees <br />required by this AGREEMENT when due shall be subject to past due penalties and <br />interest as set forth herein. <br />i. OPERATOR shall be considered past due if the required monthly operating <br />agreement fee is not paid by the last day of the month following the month for which it <br />is due. <br />ii. For failure to fully pay any monthly fee when due, the following past due penalty and <br />late interest charges shall be added to the unpaid balance amount owing: <br />1) A past due penalty of Twenty -Five Percent (25%) per month; <br />2) A late interest charge of One and One Half Percent (1.5%) per month added to <br />the unpaid balance amount owing, inclusive of any prior past due penalty or late <br />interest charges accrued. <br />4 <br />