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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 Total compensation for the Consultant's performance of the Services shall be in the amount <br />not to exceed three hundred fifty-eight thousand three hundred eighty dollars ($358,380). <br />City shall pay Consultant in accordance with Exhibit "C," titled "Cost Proposal" which is <br />attached hereto and incorporated herein by 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 />City Clerk <br />City of Redlands <br />35 Cajon Street <br />P.O. Box 3005 (mailing) <br />Redlands, CA 92373 <br />jdonaldson@cityofredlands.org <br />Phone: (909) 798-7531 <br />CONSULTANT: <br />Terry Renner, Sr. Vice President <br />TKE Engineering, Inc. <br />2305 Chicago Avenue <br />Riverside, CA 92507 <br />Email: trenner@tkeengineering.com <br />Phone: (951) 680-0440 <br />Fax: (951) 680-0490 <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 />2 <br />I:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22-0286.docx-msl:\cmo\Agreements\TKE Engineering, Inc. Agreement FY22- <br />0286.docx <br />