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b. Consultant, or Consultant's subcontractor(s), shall furnish at its own expense all labor, <br />materials, equipment and other items necessary to carry out the terms of this Agreement. <br />2. Section 2. — Compensation is amended to read as follows: <br />a. Upon the Effective Date of this Third Amendment, City will pay Consultant as outlined in <br />EXHIBITS B and D, incorporated and included herein. The fees will not exceed $10,000 <br />for the STARS and GRIA reporting systems, plus an annual CPI adjustment of not less <br />than two percent (2%) or greater than four percent (4%). <br />b. Fees paid for recovered sales tax and/or other associated recovered revenues shall not <br />exceed thirteen percent (13%) of the amount recovered. Such fees are not chargeable <br />against contingency monies but are revenues directly payable from recovered sales tax. <br />Payments made to Consultant for recovered revenues will be recognized when the fees <br />related to Consultant auditing and reporting activities are incurred. <br />c. In addition, a contingency amount of $60,000 shall be available for the Term of said <br />Agreement to cover payment of additional consultant services the City may request via <br />the Change Order process, as set forth under Section 1. — Scope of Services of said <br />Agreement. <br />d. Payment by CITY shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures and proof of <br />insurance as set forth in Section 3-9. Payment need not be made for work which fails to <br />meet the standards of performance set forth in the Recitals which may reasonably be <br />expected by CITY. <br />3. Section 3. - General Provisions., subsection 3-1., Term of the Agreement is amended to read <br />as follows: <br />3-1. - Term of the Agreement: The renewal term for the provision of consultant services <br />under said Agreement shall be for a period of two (2) years, effective July 1, 2022 through <br />June 30, 2024, , if neither party has terminated said Agreement in accordance with section <br />3-2. <br />4. The effective date for the application of amendments to said Agreement relating to "Scope of <br />Services", "Compensation", and "Term" shall be July 1, 2022 ("Effective Date"). <br />5. Where applicable, in accordance with state law, relevant references to the California State <br />Board of Equalization ("BOE") within said Agreement, including all exhibits attached hereto and <br />incorporated by reference, shall now refer to the California Department of Tax and Fee <br />Administration ("CDTFA"). <br />6. Except as hereinabove modified, the terms and conditions of said Agreement remain <br />unchanged and in full effect. <br />(Signatures on following page} <br />