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34 STATE OF TEXAS PROFESSIONAL SERVICES AGREEMENT COUNTY OF HAYS KNOW ALL PERSONS BY THESE PRESENTS: This is Ag re eme n t made by and between Leon Breeden hereinafter referred to as Contractor, and the Ci ty of San Marcos, hereinafter re ferred to as City. In consideration of the premises and of the mutual covenants and agreements herein contained, follows: the parties hereby agree as 1. Purpose. The purpose of this agreement is to acquire the services of Contractor as a temporary Municipal Court Judge to preside at trials in those situations where the City's Chief Municipal Court Judge and Assistant Municipal Court Judge may be disqualified from hearing a case and in those other situations where the Chief Municipal Court Judge and the Assistant Municipal Court Judge may not be available. The performance of Municipal Court judicial duties other than presiding at trials may be discharged under this Agreement solely at the discretion of Contractor. 2. Authorized Representative of City. Contractor shall fulfill the purpose of this Agreement at the request of the Mayor of the City of San Marcos or, in his absence, at the request of the Mayor Pro Tem of the City of San Marcos. Only the Mayor of the City of San Marcos or, in his absence, the Mayor Pro Tem of the City of San Marcos shall be the authorized representatives of the City for purposes of carrying out the terms of this Agreement. 3. Term. This Agreement shall be in effect from and after the date of its execution and until midnight, October 31,1987. 4. Termination. This Agreement may he terminated by either party upon thirty (30) days written notice to the other party at its regular place of business. 5. Assignment. The duties and responsibilities assumed by Contractor under this Agreement may be assigned to another attorney licensed to practice law in the State of Texas who is acceptable to City's authorized representative in the event of a conflict of interest by the Contractor or in the event of Contractor's inability to carry out the terms of this Agreement in regard to any individual assignment. 6. Compensation. Contractor shall be paid at the rate of $80.00 per hour for his services as a temporary Municipal Court Judge. Payment shall be made by City within thirty (30) days of receipt of an invoice from Contractor. 7. Applicable Law. Contractor agrees responsibilities arising from this provisions of the City Charter, City State of Texas, the Constitution Constitution of the United States. to carry out his contract under the applicable Ordinances, the laws of the of the State of Texas and the Signed, Accepted and Ag reed to 11 as of the day of November, 1986, by the undersigned parties who hereby acknowledge that they have read and understand this Agreement.