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EA 7 2 (4118) <br />ARTICLE 4 — PERFORMANCE OF SERVICES <br />4.1 Consultant shall perform and complete the Services in a prompt and diligent manner The <br />Services shall commence on the Effective Date of this Agreement and be completed on or <br />before November 15, 2019 <br />4.2 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 City <br />Council adopted policy for the same. It shall be the obligation of Consultant to obtain a <br />copy of such policy from City staff <br />ARTICLE 5 — PAYMENTS TO CONSULTANT <br />51 The total compensation for Consultant's performance of the Services shall not exceed the <br />amount of fifty-nine thousand one hundred fifty-eight dollars ($59,158 00) City shall pay <br />Consultant on a time and materials basis up to the not to exceed amount, in accordance <br />with Exhibit "B" entitled "Project Costs and Hourly Rates " Exhibit `B" is attached hereto <br />and incorporated herein by this reference. <br />52 Consultant shall submit an invoice to City describing the Services performed, the dates the <br />Services were performed, and the number of hours spent and by whom, upon completion <br />of the Services City shall pay Consultant no later than thirty (30) days after receipt and <br />approval by City of 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, (11) 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 facsian ule, 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 />City <br />City Clerk <br />City of Redlands <br />35 Capon Street, Suite 200 <br />P O Box 3005 (mailing) <br />Redlands, CA 92373 <br />Consultant. <br />Frank Coyle, Director <br />First Carbon Solutions <br />650 W Hospitality Lane, Suite 125 <br />San Bernardino, CA 92408 <br />ARTICLE 6 — INSURANCE AND INDEMNIFICATION <br />61 The following insurance coverage required by this Agreement shall be maintained by <br />Consultant for the duration of its performance of the Services Consultant shall not perform <br />any Services unless and until the required insurance listed below is obtained by Consultant <br />Consultant shall provide City with certificates of insurance and endorsements evidencing <br />2 <br />L Ica1d1m1Agreements\AGREEMENT TO PERFORM PROFESSIONAL SERVICES _FIRST CAR13ON _ 1600 ORANGE.dacx <br />