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UTILITY BILLING SERVICES AGREEMENT <br />This Agreement is made this the 18th day of March, 2008, between the City of San <br />Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and DataProse, Inc. <br />("Contractor"), 1451 North Rice Avenue, Suite A, Oxnard, California 93030 for the provision of <br />utility billing services (the "Project"). <br />The City and the Contractor agree as follows: <br />ARTICLE 1 <br />CONTRACTOR'S SERVICES AND RESPONSIBILITIES <br />1.1 STANDARDS OF PERFORMANCE <br />1.1.1 Contractor will be responsible for designing, printing, inserting, sorting and mailing of <br />City of San Marcos utility bills and delinquent notices for residential and commercial City <br />customers. <br />1.1.2 The Contractor's Basic Services consist of the services described in Sections 1.1 through <br />1.9. <br />1.1.3 The performance of all services by the Contractor in connection with this Agreement will <br />be by persons licensed or registered under State, local and Federal as appropriate. In performing <br />all services under this Agreement, the Contractor will use that degree of care and skill ordinarily <br />exercised for similar projects by Contractors who possess special expertise in the types of <br />services involved under this Agreement. . <br />1.1.4 No work under this Agreement will be subcontracted by the Contractor without prior <br />written approval from the City. Any work or services subcontracted under this Agreement will <br />be specified by separate written Agreement and will be subject to each provision of this <br />Agreement. <br />1.1.5 Any provisions in this Agreement pertaining to the City's review, approval and/or <br />acceptance of written materials prepared by the Contractor and/or its subcontractors in <br />connection with this Agreement will not diminish the Contractor's responsibility for the <br />materials. <br />1.1.6 Contractor will perform all of its services in coordination with the City. The Contractor <br />will advise the City of data and information the Contractor needs to perform its services and the <br />Contractor will meet with City representatives at mutually convenient times to assemble this data <br />and information. <br />1.2 TASK 1-UTILITY BILL AND DELINQUENT NOTICE DESIGN <br />The Contractor will: <br />~t~ar~s~ Cz~~rcfi <br />1 <br />