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retained by City to provide services to City regarding the Project including the current scope and budget for such Consultant. Developer agrees that City wiIl charge actual staff time and expenses attributable ta the administration of Consnitant Contracts entered into by City under this A�reernent. (b) On a monthly basis, City �,vill provide to DeveIoper a summary report on the fees incurred by City"s team of Consultanis and City staff, the percenta�e of the deposit that has been expended by City an its eval�ation of the Project, and the amount remaining avaiIable for biIling. Section 4.42. Evergreen Deposit. (a) City shall establish and Developer shall fund a deposit account designed to ensure that City is never required to perform�vork far which reimbursement funds have not been previously deposited ("Ever�reen Deposit"). The Ever�een Deposit shall contain funds necessary to cover three months' worth of budgeted expenditures by City relatina to City's review, evaluation, consideratinn, and processing of the Project (includin� any CEQA review necessary for such review, evaluation, consideration, and processing). Developer shall fund the Evergreen Deposit initially by depositin�with City on or before the Effective Date the sum of FIFTY THOUSAND DOLLARS (S50,400} in the farm of a cashier's check. Developer shall replenish the Ever�reen Deposit on a monthly basis until termination of th.is Agreement pursu.ant to Section 2.02 ar Section 5.03 or as long as expenditures made by City relating to City's review, evaluation, consideration, and processing of Developer's proposal for the Project remain unreimbursed, whichever is later. Beginning on the Effective Date,Developer shal.l replenish the Everb een Deposit by depositin� on or before the last day af each month the full amount of ail invoices delivered by City to Developer within the previous month. Thus, for example, on or before March 1, 20I5, Developer would replenish the Everjreen Deposit by depositin� the sum of all invoices submitted by City#o Developer during the month of February, 201 S. (b) In the event City determines that total invoices for any particular three- month period are likety to exceed $SO,aoo, City may request that Developer increase the totaI fitnds availabie in the Evergreen Deposit accordingly. If Developer does not aaree to increase the deposited amount, City may adjust its work schedule, including through the adjustment of project deadlines, sa as not to exceed the amount avaiIable in the Evergreen Deposit. (c} The Parties acknowled�e that deposits to the Everb een Deposit are not a "source of income" within the meaning of the Califomia Political Reform Act (pursuant to California Government Code Section 87t03_6)_ (d) In no event shall City or its Consultants be ohliaated ta perforrn any work in connection with Developer's proposai for the Project, includin�but not Iimited to City review, evaluation, consideratian, processing of Developer's proposal, where: (:1) Dev�loper is delinquent in the in.itial funding of, or any required replenishment of, the Everb een Depasit required by Subsections 4.02(a) & (b), above; (2) the actual costs associated with City staff time andlor Consultant�fork has exceeded the amount being heId by City in the Evergreen Deposit to cover such costs; or(3} Devcloper is nthenvise in breach of this Agreement in any respect. Page 3 of 8 REV:09-25-15 VR A'E'TYlAGR.ZQ15222JOracle d.Tech Reimbursement Agreement