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4. Ownership of Work. All maps, reports, work data, and <br />all other documents completed or partially completed by <br />Consultant in the performance of this Agreement shall become the <br />property of City. <br /> <br /> 5. Term of A~reement. This Agreement shall be binding on <br />both parties except as otherwise expressed in this Agreement for <br />a period of two (2) years beginning October 4, 1988. This <br />Agreement may be extended in increments of one (1) year <br />thereafter by agreement of both parties. <br /> <br /> 6. Compensation. For the services to be rendered hereunder, <br />City shall pay Consultant on a fixed fee basis in the amount of <br />$125,000.00 per year, beginning on the date of the execution of <br />this contract and shall be paid in equal monthly installments. <br />The fixed fee will be renegotiated for subsequent years no less <br />than one month prior to the beginning of a new <br />yearly period to consider the effects of inflation and other <br />expenses, but in no case shall be less than $125,000.00 without a <br />change in the Scope of Work. <br /> <br /> Consultant is to provide for his own transportation in <br />traveling to and from work and also on all project oriented <br />travel within the San Francisco Bay Area. The City will <br />compensate the Consultant for travel outside the Bay Area, such <br />as trips to Sacramento, at the same mileage rate other City <br />employees are compensated. Consultant will also be compensated <br />for all other expenses incurred in travel outside said Bay Area <br />such as meals, lodging, parking, tolls, and other travel related <br />expenses. <br /> <br /> Consultant shall be reimbursed for all materials and <br />supplies procured by him which are project oriented. <br /> <br /> 7. Chanqes. City may request, from time to time, changes <br />in the scope of services to be provided by Consultant. Any <br />change shall be mutually agreed upon between City and <br />Consultant. <br /> <br /> 8. Cost Estimates. Any estimates of cost for the project <br />that are to be prepared by the Consultant shall exercise its <br />experience and judgment in applying presently available cost <br />date, but it is recognized that Consultant has no control over <br />cost of labor and materials, or over competitive bidding <br />procedures and market conditions, so that it cannot warrant that <br />the project construction costs will not vary from its cost <br />estimates. <br /> <br /> 9. Termination. This Agreement may be terminated in whole <br />or in part in writing by either party in the event of substantial <br />failure by the other party to fulfill its obligations under this <br />Agreement through no fault of the terminating party. <br /> <br /> The City may terminate this Agreement at any time upon <br />mailing notice in writing to the Consultant that the Agreement is <br />terminated. Upon receipt of a notice of termination, Consultant <br />shall promptly cease work on the project (unless the notice <br /> <br /> <br />