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terms and conditions, by providing written notice to Consultant at least thirty (30) days <br />prior to the expiration of the Initial Term or any Extended Term. <br />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 The compensation for Consultant's performance of the Services shall not exceed the <br />amount of one -hundred thousand dollars ($120,000) for the Services provided during the <br />Initial Term. Should this Agreement be extended, the compensation for Consultant's <br />performance for the Services shall not exceed the amount of one hundred twenty thousand <br />dollars ($120,000) for the first Extended Term; and one hundred twenty thousand dollars <br />($120,000) for the second Extended Term, bringing the total possible amount of <br />compensation to a not -to -exceed amount of three -hundred thousand dollars ($360,000). <br />For the Initial Term and each Extended Term, City shall pay Consultant on a time and. <br />materials basis up to the not to not -to -exceed amount in accordance with the rates specified <br />in Exhibit "B," titled "Compensation," which is attached hereto and incorporated herein by <br />this reference. <br />5.2 Consultant shall submit monthly invoices to City describing the Services performed during <br />the preceding month. Consultant's invoices shall include a brief description of the Services <br />performed, the dates the Services were performed, the number of hours spent and by whom, <br />and a description of reimbursable expenses related to the Services. City shall pay <br />Consultant no later than thirty (30) days after receipt and approval by City of Consultant's <br />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 return <br />receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or <br />(iv) on the date sent by facsimile or electronic mail transmission (including PDF), if <br />confirmed with a copy sent contemporaneously by first class, certified, registered or <br />express mail; in each case properly posted and fully prepaid to the appropriate address set <br />forth below, or such other address as a Party may provide notice in accordance with this <br />section: <br />CITY: <br />Brian Desatnik, Director <br />Development Services Department <br />City of Redlands <br />35 Cajon Street, Suite 20 <br />P.O. Box 3005 (mailing) <br />Redlands, CA 92373 <br />CONSULTANT: <br />Patrick Johnson, Director <br />Building and Safety <br />Willdan Engineering <br />650 E. Hospitality Lane <br />Suite 400 <br />San Bernardino, CA 92408 <br />2 <br />L:\ca\Agreements\Willdan Engineering Agreement.PS-1.1.FY21-0166.docxjn <br />