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ARTICLE 4—PERFORMANCE OF SERVICES <br /> 41 Consultant shall perform and complete the Services in a prompt and diligent manner in <br /> accordance with the schedule set forth in Exhibit"B," entitled "Services Schedule," <br /> which is attached hereto and incorporated herein by this reference <br /> 42 If Consultant's Services include deliverable electronic visual presentation materials, such <br /> materials shall be delivered in a form, and made available to the City, consistent with <br /> City Council adopted policy for the same It shall be the obligation of Consultant to <br /> obtain a copy of such policy from City Staff <br /> ARTICLE 5 —PAYMENTS TO CONSULTANT <br /> 5 1 The total compensation for Consultant's performance of the Services shall not exceed the <br /> amount of Two hundred fifty thousand Dollars ($250,000) per year City shall pay <br /> Consultant on a time and materials basis up to the not to exceed amount, based upon the <br /> hourly rates shown in Exhibit"C," entitled "Rate Schedule," which is attached hereto and <br /> incorporated herein by this reference <br /> 52 Consultant shall submit monthly invoices to City describing the Services performed <br /> during the preceding month Consultant's invoices shall include a brief description of the <br /> Services performed, the dates the Services were performed, the number of hours spent <br /> and by whom, and a description of reimbursable expenses related to the project City <br /> shall pay Consultant no later than thirty (3 0) days aftei receipt and approval by City of <br /> Consultant's invoice <br /> 53 Any notice or other communication required, or which may be given, pursuant to this <br /> Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date <br /> of delivery in person, (n)five(5)days after deposit in first class registered mail,with return <br /> receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or <br /> (iv)on the date sent by facsimile,if confirmed with a copy sent contemporaneously by first <br /> class, certified, registered or express mail, in each case properly posted and fully prepaid <br /> to the appropriate address set forth below, or such other address as a Party may provide <br /> notice in accordance with this section <br /> Citv of Redlands Consultant <br /> James Troyer, Director James M Guerra <br /> Development Services Willdan Engineering <br /> City of Redlands 650 Hospitality Lane, Suite 250 <br /> P O Box 3005 San Bernardino, CA 92408 <br /> Redland, CA 92373 <br /> Such addresses may be changed by notice to the other Party given in the same mannei as <br /> provided above <br /> 2 <br /> I ka\djmlAgreementsM11dan Engineering Agreement 2017 docx <br />