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ARTICLE 5 — PAYMENTS TO CONSULTANT <br />5 1 Total compensation for Consultant's performance of the Services shall not exceed the <br />amount of Three Hundred Thousand Dollars ($300,000 00) City shall pay Consultant on <br />a time and materials basis up to the not to exceed amount in accordance with Exhibit "B," <br />titled "Fee 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 />Gary Miller, President <br />Miller Architectural Corporation <br />1177 Idaho St, Ste 200 <br />Redlands, Ca 92374 <br />gmiller@miller-aip com <br />Phone (909) 335-7400 <br />Fax (909) 335-7299 <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 />shall include a provision prohibiting cancellation or modification of the policy except <br />upon thirty (30) days prior written notice to City <br />A. Workers' Compensation and Employer's Liability insurance in the amount that meets <br />statutory requirements with an insurance carrier acceptable to City, or certification to <br />City that Consultant is self -insured or exempt from the workers' compensation laws <br />2 <br />L.\ca\djm\Agreements\Miller Architectural Corp Agreement.PS-1 1.FY21-0104.doc.jn <br />