AG 2008 05 19 - Laserfiche WebLink

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other identifying marks shall be affixed to certain pieces of SMG Equipment, identifying such equipment as "PROPERTY OF SMG." (b) The total amount paid by SMG for the SMG Equipment shall be amortized over a period of sixty (60) months, commencing July 1, 2010, on a straight-line, non-interest bearing, non-cash basis. In the event of the expiration or termination of the Renewal Term covered by Amendment No. 1 for any reason, the County shall have the option (but not the obligation) to purchase the SMG Equipment from SMG, the purchase price of which shall equal the unamortized amount of the SMG Equipment existing as of such expiration or termination. In the event that the County elects to purchase the SMG Equipment from SMG, the County shall send written notice of its election no later than fifteen (15) days prior to the effective date of such expiration or termination. The payment of any such unamortized amounts shall be made to SMG no later than thirty (30) days following the effective date of such expiration or termination. If (i) the County exercises the above-described option to purchase and pays the unamortized amount as provided above, or (ii) the Renewal Term covered by Amendment No. 1 has not been terminated or has not expired prior to June 30, 2015, SMG shall transfer title to the SMG Equipment to the County, free and clear of any payment obligations, and shall deliver a bill of sale evidencing such transfer of title and file a UCC financing termination statement. If the County elects not to exercise such purchase option or fails to pay the unamortized amount thereof as provided above, SMG shall remove the SMG Equipment promptly following (a) the expiration or termination of such Renewal Term, or (b) the expiration of the thirty (30) day payment period provided above. B. The words "Section 5.11" shall be replaced with the words "Sections 5.11 and 5.12" in each place such words arise in Section 5.8. C. Section 4.1 of the Original Management Agreement is hereby amended and restated in its entirety to read as follows: 4.1 Fixed Fee. As base compensation to SMG for providing the services herein specified during the Management Term and any Renewal Term, the County shall pay SMG during the Management Term and any Renewal Term a fixed fee of $95,000 per Fiscal Year ("Fixed Fee"), which amount shall be adjusted upward on the first day of each Fiscal Year during any Renewal Term, commencing with the Fiscal Year ending June 30, 2012, by the percentage change in the Consumer Price Index -- All Urban Consumers (CPI-U) -- U.S. City Average -- All Items, during the one year period ending in June immediately preceding such Fiscal Year, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or of any revised or successor index hereafter published by the Bureau of Labor Statistics or other agency of the United States Government succeeding to its functions ("CPI"). The foregoing annual fixed compensation shall be payable in equal monthly installments due on or before the last day of each month during such Fiscal Year, and SMG, provided it is not in default (as described in Section 12.1) hereunder, shall be entitled to draw such amounts from the account described in Section 5.6. 2 r~ B # 76062 ] v.6