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ARTICLE 5 — PAYMENTS TO CONTRACTOR <br />5.1 Compensation: <br />The compensation for Contractor's performance of the Services shall not exceed the <br />amount of Three Million Six Hundred Thousand dollars ($3,600,000) for the Services <br />provided during the Initial Term. Should this Agreement be renewed, the compensation <br />for Contractor's performance for the Services shall not exceed the amount of One Million <br />Two Hundred Thousand dollars ($1,200,000) for the first Extended Term; and One <br />Million Two Hundred Thousand dollars ($1,200,000) for the second Extended Term, <br />bringing the total possible amount of compensation to a not -to -exceed amount of Six <br />Million dollars ($6,000,000). For the Initial Term and each Extended Term, City shall pay <br />Contractor on a time and materials basis up to the not to not -to -exceed amount in <br />accordance with the rates specified in Exhibit "C," titled "Price and Fee Bid," which is <br />attached hereto and incorporated herein by reference. <br />5.2 Contractor shall submit monthly invoices to City describing the Services performed <br />during the preceding month. Contractor's invoices shall include a brief description of the <br />Services performed, the dates the Services were performed, the number of hours spent and <br />by whom. City shall pay Contractor no later than thirty (30) days after receipt and approval <br />by City of Contractor'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, registered <br />or express mail; in each case properly posted and fully prepaid to the appropriate address <br />set forth below, or such other address as a Party may provide notice in accordance with <br />this 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 />(909) 798-7531 <br />CONTRACTOR <br />Patrick Mahoney, President <br />West Coast Arborists, Inc. <br />21718 Walnut Ave <br />Grand Terrace, CA 92313 <br />pmahoney@wcainc.com <br />(714) 991-1900 <br />3 <br />I:\cmo\Agreements\West Coast Arborists, Inc. Agreement for Improvement to Public Grounds (Tree Maintenance) FY23-0026.docx-ms <br />