Agmt07 MAXIMUS, Inc. - Laserfiche WebLink

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(2) may be waived as set forth below. Upon waiver exercised by either party, City shall pay Consultant for all work performed up to and until the effective date of waiver in an amount not to exceed the maximum dollar amount indicated in Section (7) and on the payment schedule as indicated below: Effective date of waiver prior to: Percentage of fee due: December 30 50% March I 90% July I 100% A. At City Option. At the sole discretion of City, City may instruct Consultant to not file a specific claim or claims pursuant to a specific State claiming instruction. Such instruction must be in writing and provided to Consultant at least thirty (30) days prior to the due date of the claim. The effective date of City's waiver shall be the date Consultant receives City's written instruction. B. At Consultant Option. At the sole discretion of Consultant, Consultant may notify City of its intention to not pursue a specific claim and the reasons therefore. Such notification must be in writing and provided to City not less than thirty (30) days prior to the due date of the claim. The effective date of Consultant's waiver shall be the date Consultant mails its notification to City. Should Consultant not so notify City, City may expect Consultant to pursue the claim if it is above the minimum limit set by the State. (9) Services and Materials to be Furnished by City. Consultant shall provide guidance to City in determining the data required for claims submission. Consultant shall assume without incurring liability therefor that all data so provided is correct and complete. Consultant shall make its best effort to file claims timely. Consultant shall not be liable for claims that cannot be filed as a result of inadequate data, or data that is provided in an untimely manner. For purposes of this Agreement, data that is requested by Consultant must be provided within three (3) weeks of the request, or three (3) weeks prior to the filing deadline, whichever comes first, to be deemed to have been received in a timely manner. (10) Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement in accordance to State law. During such period, City shall have free access at all proper times to such records, and the right to examine and audit the same and to make transcripts therefrom. City shall provide thirty (30) days written notice of its intent to inspect or audit any such records and shall conduct such inspection or audit only during Consultants normal business hours. Any City employee, consultant, subcontractor or agent who may have access to such records shall execute a non- disclosure agreement prior to be granted such access. City of Redwood City - 3 - 11/14/07