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Term <br />Not to Exceed Amount <br />1/1/18-12/31/18 <br />$35;926.64 <br />1/1/19-12/31/19 <br />$38,441.50 <br />1/1/20-12/31/20 <br />$41,132.41 <br />1/1/21-12/31/21(optional term) <br />$44,011.68 <br />1/1/22-12/31/22 (option term) <br />$47,092.50 <br />Total not to exceed amount for Agreement if <br />all options are exercised: <br />$206,604.73 <br />Consultant has offered a promotional opportunity on the purchase and Installation of <br />Legistar, its software -as -a service solution, if two or more Orange County cities approve a <br />contract before the end of the year. The City of Huntington Beach has already approved <br />a contract and City is waiting to hear from other surrounding cities, on same. Thediscount <br />would be reflected on the 2nd -year invoice. Promotional offer includes: Reduce annual <br />maintenance fee by nearly $1000 for each city; $15K Installation costs per site if 2 sign up; <br />$10K installation cost per site if 3 sign up; $5K installation cost per site if 4 sign up; and <br />Hosting a 2018 user group with training/collaboration in Orange County. <br />c. Payment by City shall be made within 45 days (forty-five) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment <br />need not be made for work which fails to meet the standards of performance set forth in <br />the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on January 1, 2018 for a three year term with the option <br />for the City to grant up to two one-year renewals, exercisable by a writing by the City Manager <br />and the City Attorney, unless terminated earlier in accordance with Section 16, below. <br />4. PREVAILING WAGES <br />Consultant is aware of the requirements of California Labor Code Section 1720, et seq., <br />and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., <br />("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the <br />performance of other requirements on "public works" and "maintenance" projects. If the <br />services being performed are part of an applicable "public works" or "maintenance" project, as <br />defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant <br />agrees to fully comply with such Prevailing Wage Laws, Consultant shall defend, indemnify and <br />hold the City, its elected officials, officers, employees and agents free and harmless from any <br />claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage <br />Laws. <br />25A-8 <br />