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2 <br />SECTION 1. SCOPE OF SERVICES <br />1.1 The CONSULTANT must meet the requirements and perform the services <br />identified in the Request for Qualification for Miscellaneous Professional <br />Services, as stated in RFQ 2019-057, attached hereto and made a part <br />hereof, as Exhibit “A” and the CONSULTANT’S Proposal, attached <br />hereto and made a part hereof, as Exhibit “B”. <br />1.2 CONSULTANT agrees and acknowledges that CONSULTANT is <br />prohibited from exempting provisions of the RFQ or in this Agreement in <br />any of CONSULTANT’S services pursuant to this Agreement. <br />SECTION 2. TERM <br />2.1 The term of this Agreement shall begin on the date it is fully executed by <br />both parties and shall extend for a three (3) year term. <br />2.2 This provision in no way limits the CITY’s right to terminate this <br />Agreement at any time during the initial term pursuant to Section 4 of the <br />Agreement. The City shall also have the right to extend the agreement <br />beyond the expiration date or any extension for a period not to exceed one <br />hundred eighty (180) days. <br />SECTION 3. COMPENSATION <br />3.1 The amount of compensation payable by the CITY to CONSULTANT <br />shall be based upon the rates and schedules as set forth in Attachment <br />“1”, attached hereto and made a part hereof, which amount shall be <br />accepted by CONSULTANT as full compensation for all such work <br />performed under this Agreement. CONSULTANT will prepare a scope <br />and fee proposal for each requested task and CITY reserves the right to re- <br />scope, and negotiate such proposal as needed. It is acknowledged and <br />agreed by CONSULTANT that these amounts are the maximum payable <br />and constitute a limitation upon CITY’S obligation to compensate <br />CONSULTANT for its services related to this Agreement. This maximum <br />amount, however, does not constitute a limitation of any sort, upon <br />CONSULTANT’S obligation to perform all items of work required by or <br />which can be reasonably inferred from the Scope of Services. <br />CITY and CONSULTANT acknowledge that the consulting fees may <br />include but not limited to an estimate of work for: Phase I - Schematic <br />Design; Phase II - Design Development; Phase III - Construction <br />Documents - Phase IV - Bidding and Permitting; Phase V - Construction <br />Administration, and other professional basic services described in the <br />L.O.I. are included in the fee agreed upon. The CITY and <br />CONSULTANT may negotiate additional scopes of services, <br />compensation, time of performance and other related matters for any <br />necessary future phases of Project. If CITY and CONSULTANT cannot <br />contractually agree, CITY shall have the right to immediately terminate <br />Page 84