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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 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 Consultant's performance of the Services shall not exceed the <br />amount of one hundred fifty-five thousand four hundred twenty dollars ($155,420). City <br />shall pay Consultant on a time and materials basis up to the not to exceed amount in <br />accordance with Exhibit `B," titled ("Fee Proposal") which is attached hereto and <br />incorporated herein by reference. <br />5.2 Consultant shall submit monthly invoices to City describing the Services performed <br />during the preceding month. Consultant's invoices shall include a brief description of the <br />Services performed, the dates the Services were performed, the number of hours spent <br />and by whom, and a description of reimbursable expenses related to the Services. City <br />shall pay Consultant no later than thirty (30) days after receipt and approval by City of <br />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 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, <br />registered or express mail; in each case properly posted and fully prepaid to the <br />appropriate address set forth below, or such other address as a Party may provide notice <br />in accordance with 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 />Phone: (909) 798-7531 <br />CONSULTANT: <br />Alberto Acevedo, Vice President <br />CDM Smith, Inc. <br />32 Discovery, Suite 250 <br />Irvine, CA 92618 <br />Email: acevedoa@cdmsmith.com <br />Phone: (949) 930-7252 <br />Fax:(949) 515-9160 <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 />2 <br />Bemo\Agreements\CDM Smith, Inc.-FY2526-053,doc-jl <br />