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4.2 At any time during the Term of this Agreement, City may request that Consultant <br /> perform Extra Services. As used herein, "Extra Services" means any work which is <br /> determined necessary by City for the proper completion of the project or work for which <br /> the Services are being performed, but which the Parties did not reasonably anticipate <br /> would be necessary at the time of execution of this Agreement. Provided the Extra Work <br /> does not exceed twenty percent (20%) of the compensation to be paid by City to <br /> Consultant for the Services, such Extra Work may be agreed to by the Parties, by written <br /> amendment to this Agreement, executed by the City Manager. Consultant shall not <br /> perform, nor be compensated for, Extra Work without such written authorization from <br /> City. <br /> 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 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 Three Thousand Two Hundred and Fifty Dollars ($73,250). City shall <br /> pay Consultant on a time and materials basis up to the not to exceed amount, in <br /> accordance with Exhibit "C" entitled "Project Costs and Hourly Rates." Exhibit "C" is <br /> attached hereto and incorporated herein by this 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 and <br /> by whom, and a description of reimbursable expenses, if any. 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) Eve (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, if confirmed with a copy sent <br /> 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 /> City Consultant <br /> Danielle Garcia,CIO Kevin Villanueva,Senior Manager <br /> City of Redlands Attn: Sandy Lewis,Moss-Adams LP <br /> 35 Cajon Street, Suite 222 999 Third Street, Suite 2800 <br /> Redlands,CA 92373 Seattle,WA 98104 <br /> 2 <br /> 1\ca\djm\AgrccmcrosWoss Adams Disaster Recovery Planning 5 17.16 doe <br />