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ARTICLE 5 — PAYMENTS TO CONSULTANT <br />5.1 Total compensation for Consultant's performance of the Services shall be a flat fee in the <br />amount of Thirteen Thousand Four Hundred Dollars ($13,400). <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 />Danielle Garcia, Mgmt. Svcs. Director <br />City of Redlands <br />35 Cajon Street, Suite 30 <br />Redlands, CA 92373 <br />dgarcia@cityofredlands.org <br />Phone: (909) 798-7507 <br />CONSULTANT: <br />Marcus D. Davis, Partner <br />Davis Farr LLP <br />18201 Von Karman Avenue, Suite 1100 <br />Irvine, CA 92612 <br />mdavis@davisfarr.com <br />Phone: (949) 783-1750 <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 perform <br />any Services unless and until the required insurance listed below is obtained by Consultant. <br />Consultant shall provide City with certificates of insurance and endorsements evidencing <br />such insurance prior to commencement of the Services. Insurance policies shall include a <br />provision prohibiting cancellation or modification of the policy except upon thirty (30) <br />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 of <br />the State of California. Consultant shall execute and provide City with Exhibit "B," <br />titled "Workers' Compensation Insurance Certification," which is attached hereto and <br />2 <br />I:\cmo\Agreements\Davis Farr LLP FY22-0247.docx - AE <br />