55B - RESO DEPT OF TAX AGMT MEASURE X

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2. Section 2. — Compensation is amended to read as follows: Upon execution of this Second Amendment, CITY will pay CONSULTANT as outlined in EXHIBITS B and D, incorporated and included herein. In addition, a contract contingency amount shall continue be available over the two and one-half (2 'Y:) year Term of the First Amendment to this Agreement to cover payment of additional consultant services as set forth therein under Section 1. — Scope of Services of said First Amendment to Agreement. Contingency monies will be available as follows: a contingency of $60,000 shall be available for the first year of the First Amendment to Agreement's two and one half (2 Ys) year term (FY 2018-19) with a further contingency of $25,000 available for the second year (FY 2019-20), and a final contingency of $15,000 available for the final six months of such term (July 1, 2020 to December 31, 2020). b. Fees paid for recovered sales tax and/or other associated recovered revenues shall not exceed fifteen percent (15%) of the amount recovered. Such fees are not chargeable against contingency monies but are revenues directly payable from recovered sales tax. Payments made to CONSULTANT for recovered revenues will be recognized when the fees related to CONSULTANT'S auditing and reporting activities are incurred. c. CITY will pay CONSULTANT as outlined in any Change Orders) mutually agreed to by and between the Parties pursuant to Section 3, subsection 3-22., of said First Amendment to Agreement. Payments related to Change Orders affecting fees paid for recovered sales & use taxes and transactions & use taxes and/or other associated revenues shall be directly payable from recovered sales & use tax and transactions & use tax or other associated recovered revenues. Stated fees for Sales & Use and Transactions & Use Tax - Analysis & Reporting Service (STARS) which includes the Geographic Revenue Information Application system (GRIA) together with CPI adjustments to said stated fees as set forth in Exhibit D shall be directly payable from recovered sales & use tax and transactions & use tax monies. d. Payment by CITY shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures and proof of insurance as set forth in section 3- 9. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by CITY. 3. Section 3. - General Provisions., subsection 3-1., Term of the Agreement is amended to read as follows: 3-1. - Term of the Agreement: The renewal term for the provision of consultant services under said Agreement shall be for a period beginning effective July 1, 2018 through June 30, 2022, if neither party has terminated said Agreement in accordance with section 3- 2. 4. The effective date for the application of amendments to said Agreement relating to "Scope of Services", "Compensation", and "Term" shall be December 21, 2018. 55B-24