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31 FEED SAFFER UTILITY CONSULTANTS, INC. CONSULTING AGREEMENT SECTION 1. This Agreement is between FRED SAFFER UTILITY CONSULTANTS, INC. (hereinafter referred to as "Consultant") a corporation domiciled in Orange County, Florida, and The City of San Marcos, Texas (hereinafter referred to as the "Client"), 630 E. Hopkins, San Marcos, Texas. SECTION 2. The Client employs consultant, and Consultant agrees to be employed, to furnish consulting services with respect to the following matters: See Schedule "A" attached hereto SECTION 3. The term of this Agreement shall be for the length of time necessary to complete the services described in Section 2 above. The Client or Consultant may suspend or terminate any or all services covered by this Agreement at any time upon written notice, in which event the Client shall pay the Consultant, upon submission of invoices, for all services rendered and expenses incurred to the effective date of such suspension or termination. SECTION 4. For services furnished, the Client will pay the Consultant at Consultant's offices in Orange County, Florida, upon submission of monthly invoices, an amount equal to the actual hours of services furnished by Executive Consultants multiplied by $90.00 per hour, Senior Consultants multiplied by $70.00 per hour, and Consultants multiplied by $50.00 per hour. The Client will also reimburse Consultant monthly for copy costs and out-of- pocket expenses including but not limited to transportation to and from Consultant's city and state, and locally in Client's location; lodging, meal costs and communications. The monthly invoice shall be due and payable within fifteen (15) days from receipt of invoice. All balances not paid within thirty (30) days from the date of statement shall bear interest at the highest rate allowed by law. SECTION 5. Consultant will furnish its best advice to the Client concerning the matters appearing in Section 2 hereof. However, Consultant does not warrant or represent that its recommendations will succeed in every instance or that cir- cumstances will not change so as to render advice obsolete. SECTION 6. Consultant shall be deemed to be an independent contractor. Consultant will be permitted to engage in the performance of any other business or services.