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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 <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 If the Initial Study ("IS") prepared by Consultant concludes that a Mitigated Negative <br />Declaration ("MND") should be prepared, the total compensation for Consultant's <br />performance of the Services for such MND shall not exceed the amount thirty one <br />thousand four hundred fifty six dollars ($31,456) For the preparation of any other <br />environmental documents deemed appropriate or necessary by the IS, City shall pay <br />Consultant on a time and materials basis, up to the not to exceed amount, in accordance <br />with the rates set forth in Exhibit "B," titled "Project Costs and Hourly Rates," which is <br />attached hereto and incorporated herein by this reference <br />5.2 Consultant shall submit an invoice to City describing the Services performed, the dates <br />the Services were performed, and the number of hours spent and by whom, upon <br />completion of the Services City shall pay Consultant no later than thirty (30) days after <br />receipt and approval by City of 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 certified, registered or <br />express mail, with return receipt requested, (iii) on the actual delivery date if deposited <br />with an overnight courier; or (iv) on the date sent by facsimile or electronic mail <br />transmission (including PDF), 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 />Brian Desatnik, Director <br />Development Service Department <br />35 Cajon Street, Ste 20 <br />P 0 Box 3005 (mailing) <br />Redlands, CA 92373 <br />bdesatnik@cityofredlands org <br />(909) 798-7555 <br />Consultant. <br />Cheryl A. Tubbs, Vice President <br />Lilburn Corporation <br />1905 Business Center Drive <br />San Bernardino, CA 92408 <br />cheryl@lilburncorp com <br />(909) 890-1818 <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 />2 <br />L:\ca\djm\Agreements\Lilburn Corp. Environment Agmt.EA-7.2.FY21-0062.doe.jn <br />