4 LEAF, INC. (#2027043) - Laserfiche WebLink

Page 2 of 7 5. Compensation. For the as-needed services to be rendered, City shall pay consultant on a time- and-materials basis for a not-to-exceed total of $333,333 for the term of the Agreement. As for each work authorization, compensation for services and reimbursement for costs shall not exceed the amount set in each executed Work Authorization unless the parties agree pursuant to Section 8, below. For the services to be rendered, City shall pay Consultant on a time and material basis based on hourly rates with annual adjustment capped at 4% annually as described more particularly in Exhibit A, which is attached and incorporated to the extent consistent with this Agreement. Annual adjustments will be based upon the CPI-U for the San Francisco Area as issued by the US Bureau of Labor Statistics and submitted prior to the end of the fiscal year for approval. Payment shall be made on a monthly basis upon receipt and approval of Consultant's invoice. a. Invoices submitted to City must contain a brief description of work performed, percentage of work completed, percentage of Agreement time used, percentage of Agreement amount expended and City reference number _____________. Payment shall be made within thirty (30) days of receipt of Consultant's invoice. b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City. 6. Sufficiency of Consultant’s Work. a. Services shall be performed by Consultant in accordance with generally accepted high professional practices and principles and in a manner consistent with a high level of care and skill ordinarily exercised under similar conditions by members of Consultant’s profession currently practicing in California. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and a high professional standard of care in California. b. Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state, and local laws and regulations, and all other contingencies or design considerations. Data, calculations, opinions, reports, investigations, and other similar information provided by the City relating to site, local, or other conditions is not warranted or guaranteed, either expressly or implied, by the City. c. Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to the City for acts, errors, or omissions of Consultant’s subconsultants. d. Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by the City, it is understood that such review, approval, conditional approval or Docusign Envelope ID: 202020E4-CC09-864B-828F-6C52A7EE938DDocusign Envelope ID: 6FC83278-645F-8425-8120-15408794B832 2027043