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such ACIS or amendment if the compensation for which exceeds $50,000.00. <br />11.2 Any exhibits and attachments attached to this Agreement are incorporated by reference <br />into this Agreement as though included verbatim herein. <br />11.3 This Agreement includes by reference, the provisions of the City's RFP, the Vendor's <br />response to the RFP, the Scope of Work and any other exhibit or attachment to this Agreement. <br />In the case of any conflict among the provisions of this Agreement, the following descending <br />order of precedence will be observed: <br />a) This Agreement including Attachments A and B; <br />b) The Vendor's Response to the RFP; <br />C) The RFP issued January 30, 2011 for the provision of Services; <br />d) Other attachments to this Agreement; and <br />e) Exhibits, which are part of attachments to this Agreement if any. <br />ARTICLE 12 <br />NOTICES <br />12.1 Notices required under this Agreement will be provided in writing by the parties to one <br />another by certified mail, return receipt requested, or by confirmed facsimile transmission, to the <br />following addresses: All notices will be effective on the date of delivery if delivered by personal <br />service, Federal Express, or facsimile; or effective three (3) days after deposit in first class U.S. <br />mail, postage prepaid, to each Party as follows: <br />To the Citv: <br />James R. Nuse, P.E., City Manager <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />Fax 512- 396 -4656 <br />To the Vendor: <br />Steven Chapin, President <br />Vision Internet Providers, Inc. <br />2530 Wilshire Blvd, 2nd Floor <br />Santa Monica, CA 90403 <br />Fax: 310- 656 -3103 <br />ARTICLE 13 <br />BASIS OF COMPENSATION <br />13.1 The City will compensate the Vendor, for the satisfactory performance of Services all as <br />detailed in Article 1, Attachment A and Attachment B, in accordance with Article 4, Payments to <br />the Vendor, the Scope of Work and any other pertinent terms and conditions of this Agreement <br />in a fixed fee amount for the first year is a fixed fee of $80,930.00. <br />15 <br />Web Redesign and Content Management System <br />