Agmt20 City of Foster City/Estero Municipal Improvement District - CalOpps Recruitment System SIGNED 06.26.20

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3. Compensation; Expenses; Payment. CLIENT will pay to CITY/DISTRICT a not - to -exceed amount of Fifty Thousand Dollars ($50,000) for the completion of all the work and services described herein. CITY/DISTRICT shall provide CalOpps services to CLIENT pursuant to the following fee schedule: A. CALOPPS Software System: Initial Participation Fee: CLIENT paid the Initial Participation Fee under a prior agreement and is not required to pay this fee under this Agreement. B. Annual Fee 1. Three -Thousand Five -Hundred Dollars ($3,570.00) for System Administration, Maintenance and Support, as defined in Appendix A, for year one of the Agreement, and a 2% increase for each subsequent year of the Agreement. The System Administration, Maintenance and Support Fee shall be due on July 1 of each year. 2. In year one of the Agreement, Client shall pay a prorated System Administration, Maintenance and Support Fee, calculated as the annual Fee divided by 365 and then multiplied by the days remaining until the next July 1. This amount will be paid as the System Administration, Maintenance and Support Fee, in addition to the Initial Participation Fee, upon the execution of this Agreement. C. CLIENT shall promptly review invoicing and notify CITY/DISTRICT of any objection thereto in writing within ten (10) business days of receipt of the invoice, and absent such objection, the invoice shall be deemed proper and acceptable, and shall be due thirty (30) days after billing. Absent such objection, unpaid fees shall bear interest from the date due at the maximum rate then allowable by law. 4. Records. CITY/DISTRICT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by CITY/DISTRICT hereunder. Said records shall be available to CLIENT for review and copying during regular business hours at CITY/DISTRICT'S place of business or as otherwise agreed upon by the Parties. 5. Authorization. This Agreement becomes effective when endorsed by both Parties in the space provided below. 6. Reliance on Professional Skill of CITY/DISTRICT. CITY/DISTRICT represents that it has the necessary professional skills to perform the services required and the CLIENT shall rely on such skills of the CITY/DISTRICT to do and perform the work. In performing services hereunder CITY/DISTRICT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CITY/DISTRICT hereunder. 7. Relationship of Parties. It is understood that the relationship of CITY/DISTRICT REV: 06-11-2020 EI ATTY/AGR.2020.096/City of Foster City (Page 2 of 10)