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EA 7 2 (4118) 42 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same It shall be the obligation of Consultant to obtain a copy of such policy from City Staff ARTICLE 5 — PAYMENTS TO CONSULTANT 5 1 The total compensation for Consultant's performance of the Services shall not exceed the amount of Seventy Three Thousand Eight Hundred Forty Dollars ($73,840 00) City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit "B," entitled "Project Costs and Hourly Rates," which is attached hereto and incorporated herein by this reference 52 Consultant shall submit an invoice to City describing the Services performed, the dates the Services were performed, and the number of hours spent and by whom, upon completion of the Services City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice 5 3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of delivery in person, (n) five (5) days after deposit in first class registered marl, with return receipt requested, (rn) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered of express marl, in each case properly posted and fully prepaid to the appropriate address set forth below, of such other address as a Party may provide notice in accordance with this section CAYL Consultant City Clerk Katie E Horak, Principal City of Redlands Architectural Resources Group, Inc 35 Capon Street, Suite 200 360 E 2nd Street, Suite 225 P O Box 3005 (marling) Los Angeles, CA 90012 Redlands, CA 92373 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 61 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services Consultant shall not perforin any Services unless and until the required insurance listed below is obtained by Consultant Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A Workers' Compensation and Employer's Liability insurance in the amount that meets 11cu%djm\Agreementsldraft Agreement ARG Historic Arch Design Guidelines.doc