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Res 2006-164
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Res 2006-164
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Last modified
3/6/2007 1:59:52 PM
Creation date
10/19/2006 8:24:22 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-164
Date
10/3/2006
Volume Book
169
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<br />f' <br /> <br />" <br /> <br />e <br /> <br />e <br /> <br />SECTION V <br />THE CONSULTANT'S COMPENSATION <br /> <br />For and m consIderation of the services rendered by the Consultant pursuant to this Agreement, the City shall pay to <br />the Consultant the amount authorized by the City, not to exceed the rates established in the accompanymg rate sheet m <br />Appendix "A" said amount being heremafter called the "C&C Fee Schedule". CompensatiOn shall be only for <br />services rendered as requested by the City in official communication from the City of San Marcos Bui1dmg <br />Inspections Department. <br /> <br />SECTION VI <br />TIME OF PAYMENT <br /> <br />Payment by the City to the Consultant shall be made as follows. <br /> <br />On or about the last day of each calendar month dunng the performance of the individual assignments, Consultant <br />shall subnnt to the CIty, an invoice m a form acceptable to the City, settmg forth the charges for the services proVIded <br />which was completed during such billing penod, and the compensation which is due for same. The invOice must <br />contain the street address, descnption of services, and date performed. The City shall approve and pay each mVOIce <br />wIthin thIrty (30) days after receIpt. The approval or payment of any such mvoice shall not be considered to be <br />evidence of performance by the Consultant to the point indicated by such invoice or of the receipt of or acceptance by <br />the City of the work covered by such invOice <br /> <br />SECTION VII <br />ADDRESS AND NOTICES AND COMMUNICATIONS <br /> <br />The parties understand that they will engage in informal communications WIth respect to the subject matter of thIS <br />Agreement. However, any formal notices or other communications ("Notice") requIred to be gIven by one party to <br />the other by this Agreement shall be given in wrIting addressed to the party to be notified at the address set forth <br />below for such party, (i) by delivenng the same m person, (ii) by depositmg the same in the Umted States Mail, <br />certIfied or registered, return receIpt requested, postage prepaid, addressed to the party to be notified, or (11i) by <br />depositing the same with Federal Express or another nationally recognized couner servIce guaranteed "next day <br />delIvery," addressed to the party to be notified, (IV) by sending the same by telefax with confirming copy sent by mail. <br />Notice deposited in the United States mail m the manner hereinabove described shall be deemed effective from and <br />after the date of such deposit. Notice given in any other manner shall be effective only if and when received by the <br />party to be notified. For the purposes of notice, the addresses of the parties, until changed by providing written notice <br />m accordance hereunder, shall be as follows: <br /> <br />All notices and communications under thIS Agreement shall be mailed to the Consultant at the following address. <br /> <br />C & C Engineering, Inc. <br />Dale Jackson <br />11651 PIano Road <br />Dallas, TX 75243 <br /> <br />All notices and communications under this Agreement shall be mailed to the City at the following address: <br /> <br />CIty of San Marcos <br />Mr David McMillan <br />630 East Hopkms <br />San Marcos, TX 78666 <br /> <br />SECTION VIII <br />SUCCESSORS AND ASSIGNS <br /> <br />The City and the Consultant bind themselves and their successors, executors, administrators, and aSSIgns to the other <br />party of this Agreement and to the successors, executors, admimstrators and assigns of such other party, m respect to <br />all covenants of thIS Agreement. NeIther the City nor the Consultant shall assign, sublet or transfer its or his mterest <br />
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