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42 At any time during the term of this Agreement, City may request that Consultant perform <br /> Extra Services. As used herein, "Extra Services" means any work which is determined <br /> necessary by City for the proper completion of the project or work for which the Services <br /> are being performed, but which the Parties did not reasonably anticipate would be <br /> necessary at the time of execution of this Agreement. Provided the Extra Work does not <br /> exceed twenty percent (20%) of the compensation to be paid by City to Consultant for the <br /> Services, such Extra Work may be agreed to by the Parties, by written amendment to this <br /> Agreement, executed by the City Manager. Consultant shall not perform, nor be <br /> compensated for, Extra Work without such written authorization from City. <br /> 43 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 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 The total compensation for Consultant's performance of the Services shall not exceed the <br /> amount Fifty Nine Thousand Dollars ($59,000). City shall pay Consultant on a time and <br /> materials basis up to the not to exceed amount, in accordance with Exhibit "C" entitled <br /> "Project Costs and Hourly Rates." Exhibit"C" is attached hereto and incorporated herein <br /> by this reference. <br /> 52 Consultant shall submit invoices in accordance with Exhibit"C". Consultant's invoices <br /> shall include a brief description of the Services performed,the dates the Services were <br /> performed, the number of hours spent and by whom,and a description of reimbursable <br /> expenses, if any. City shall pay Consultant no later than thirty (30) days after receipt <br /> and approval by City of Consultant's invoice. <br /> 53 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, if confirmed with a copy sent contemporaneously by first <br /> class, certified, registered or express mail; in each case properly posted and fully prepaid <br /> to the appropriate address set forth below, or such other address as a Party may provide <br /> notice in accordance with this section: <br /> L!ty Consultant <br /> Danielle Garcia, CIO Nate Brogan, Senior VP <br /> City of Redlands Reliance Communications, LLC <br /> 35 Cajon Street, Suite 222 100 Enterprise Way, Suite 300-A <br /> Redlands, CA 92373 Scotts Valley, CA 95066 <br /> 1'-aHjm,AgreememslRd%ance Communications-Website Design 5 17.16 doex <br /> 2 <br />