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4 3 If Consultant's Services include deliverable electronic visual presentation materials, such <br />materials shall be delivered in a form, and made available to 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 />5 1 Total compensation for Consultant's performance of the Services shall not exceed the <br />amount of Seventy Three Thousand Seven Hundred Seventy Eight and Fifty Nine Cents <br />($73,778 59) City shall pay Consultant in accordance with Exhibit "C," titled "Fee <br />Schedule," which is attached hereto and incorporated herein by reference <br />5.2 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 Services City <br />shall pay Consultant no later than thirty (30) days after receipt and approval by City of <br />Consultant's invoice <br />5.3 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, (ii) five (5) days after deposit in first class registered mail, with <br />return receipt requested, (iii) on the actual delivery date if deposited with an overnight <br />courier; or (iv) on the date sent by facsimile or electronic mail transmission (including <br />PDF), if confirmed with a copy sent contemporaneously by first class, certified, <br />registered or express mail, in each case properly posted and fully prepaid to the <br />appropriate address set forth below, or such other address as a Party may provide notice <br />in accordance with this section <br />CITY. <br />City Clerk <br />City of Redlands <br />35 Cajon Street <br />P 0 Box 3005 (mailing) <br />Redlands, CA 92373 <br />jdonaldson@cityofredlands org <br />Phone (909) 798-7531 <br />CONSULTANT. <br />Min Zhou, P.E., CEO <br />KOA Corporation <br />5095 Murphy Canyon Road, Suite 330 <br />San Diego, CA 92123 <br />mzhou@koacorp com <br />Phone (619) 683-2933 <br />Fax (619) 683-7982 <br />ARTICLE 6 — INSURANCE AND INDEMNIFICATION <br />6 1 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 <br />perform any Services unless and until the required insurance listed below is obtained by <br />Consultant. Consultant shall provide City with certificates of insurance and endorsements <br />evidencing such insurance prior to commencement of the Services Insurance policies <br />2 <br />L.\ca\djm\Agreements \KOA Corporation Agreement.PS-1 I.PY21-0047.doc.jn <br />