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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 The total compensation for Consultant's performance of the Services shall not exceed the <br />amount Seventy Thousand Ninety Six Dollars ($70,096). City shall pay Consultant on a <br />time and materials basis, up to the not to exceed amount, in accordance with Exhibit "B," <br />titled "Hourly Rates," which is 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, if confirmed with a copy <br />sent contemporaneously by first class, certified, registered or express mail; in each case <br />properly posted and fully prepaid to the appropriate address set forth below, or such other <br />address as a Party may provide notice in accordance with this section: <br />C <br />Brian Desatnik, Director <br />Development Service Department <br />35 Cajon Street, Ste. 20 <br />P.O. Box 3005 (mailing) <br />Redlands, CA 92373 <br />bdesatnik@cityofredlands.org <br />(909) 798-7555 <br />Consultant: <br />Deanna Hansen, Principal -in -Charge <br />Rincon Consultants Inc. <br />1980 Orange Tree Lane, Suite 105 <br />Redlands, California 92374 <br />dhansen@rinconconsultants.com <br />(213) 788-4842 x 2056 <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 />2 <br />LAcaWJm\Agreements\Rincon Consultants Environment Agmt.EA-7.2 6.3.26,docjn <br />