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PS 1 1 (9/11/18) <br />ARTICLE 5 — PAYMENTS TO CONSULTANT <br />5 1 Total compensation foi Consultant's performance of the Services shall not exceed the amount <br />of two hundred seventy eight thousand, nine hundred thirty nine dollars and twenty six cents <br />($278,939 26) City shall pay Consultant on a time and materials basis up to the not to exceed <br />amount in accordance with Exhibit "B" entitled `Proposed Fee" attached hereto and <br />incorporated herein by reference <br />5 2 Consultant shall submit monthly invoices to City describing the Services performed dun mg the <br />preceding month Consultant's invoices shall include a brief description of the Services <br />pei formed, the dates the Services were performed, the numbei of hours spent and by whom, <br />and a description of reimbursable expenses related to the Services City shall pay Consultant no <br />later than thirty (30) days after receipt and approval by City of Consultant's invoice <br />5 3 Any notice or other communication required, of which may be given pursuant to this <br />Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of <br />deliveiy in person, (ii) 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 coot iei, or (iv) <br />on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class <br />certified, registered of express mail, in each case properly posted and fully prepaid to the <br />appropi late address set forth below, or such other address as a Party may provide notice in <br />accordance with this section <br />City <br />City Cleik <br />City of Redlands <br />35 Cajon Street <br />P 0 Box 3005 (mailing) <br />Redlands, CA 92373 <br />Consultant <br />Ming Guan <br />KOA, Corporation <br />3190 C Shelby Street <br />Ontai io, CA 9 1764 <br />mwuan,c koacorp corn, <br />909 890 9693 <br />ARTICLE 6 — INSURANCE AND INDEMNIFICATION <br />6 1 The following insurance coverage required by this Agreement shall be maintained by <br />Consultant foi the duration of its performance of the Services Consultant shall not perform any <br />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 such <br />insurance prioi to commencement of the Services Insurance policies shall include a provision <br />prohibiting cancellation of modification of the policy except upon thirty (30) days prioi written <br />notice to City <br />A WorkersCompensation and Employei s Liability insurance in the amount that meets <br />statutory requirements with an insurance carnet acceptable to City or certification to City <br />that Consultant is self -insured of exempt from the workers' compensation laws of the State <br />of California Consultant shall execute and provide City with Exhibit `C' entitled <br />'Workers' Compensation Insurance Certification," which is attached hereto and <br />incorporated herein by this reference prioi to performance of the Services <br />I \ea\djm\Agreements\KOA Agreement 12 13 18 doe. <br />7 <br />