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b. Additional Work or Services <br />1. Extra Work or Services / Carry Forward of Unspent Contingencies Funds <br />City shall have the right at any time during the performance of the work or <br />services set forth in this Agreement, without invalidating said Agreement or any <br />amendments thereto, to elect to exercise any existing option specified in the Scope <br />of Services for extra work or services or to order extra work or services pursuant to <br />a duly executed Change Order or to expend previously appropriated, but unspent <br />contingency funds authorized to be carried forward by the Executive Director of <br />Finance and Management Services to cover expenses for work or services agreed <br />to by the parties but exceeding any annual City fiscal year compensation amount <br />cap initially specified under the Compensation provisions of this Agreement or <br />thereby make changes by altering, adding to or deducting from said work or <br />services. <br />2. Maximum Contract Compensation Cap <br />Net total compensation to Consultant shall not, as the result of any Change <br />Order, exceed the maximum contract compensation amount set forth under Section <br />2("COMPENSATION"), subsection b. of this Agreement, unless an increase in <br />maximum contract compensation is agreed to by the Parties pursuant to a duly <br />executed amendment of this Agreement. <br />C. Coordination of Work or Services <br />Representative of Consultant <br />The following officer of Consultant is hereby designated as being the <br />representative of Consultant authorized to act in its behalf with respect to the <br />work specified herein and make all decisions in connection therewith: <br />hifoSend, Inc. Russ Rezai <br />Representative President <br />It is expressly understood that the experience, knowledge, capability and reputation <br />of the foregoing officer & representative is a substantial inducement for City to <br />enter into this Agreement. Therefore, the foregoing representative shall be <br />responsible during the term of this Agreement for directing all activities of <br />Consultant and devoting sufficient time to personally supervise the services <br />hereunder. For purposes of this Agreement, the foregoing officer & representative <br />may not be replaced nor may their responsibilities be substantiallyreduced by <br />Consultant without the express written approval of City. <br />d. Contract Officer <br />The Contract Officer shall be the person designated hereunder by City. <br />It shallbe Consultant's responsibility to assure that City's Contract Officer is kept <br />Page 4 of 13 <br />