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<br />ARTICLE 11 <br />EXTENT OF AGREEMENT <br /> <br />11.1 This Agreement, including appendices and referenced attachments represents the entire <br />and integrated Agreement between the City and the Consultant and supersedes all prior <br />proposals, negotiations, representations or agreements either written or oral between the parties. <br />Except as to a change in the scope of services, the compensation for which does not exceed <br />$25,000, this Agreement may be amended only by separate written instrument approved by the <br />City's governing body and signed by both the City and Consultant. <br /> <br />11.2 Any exhibits and/or attachments attached to this Agreement are incorporated by reference <br />into this Agreement as though included verbatim herein. <br /> <br />11.3 The Consultant acknowledges and agrees that the City's Request for Proposals (RFP) and <br />the Consultant's RFP response are incorporated as part of this Agreement for all intents and <br />purposes. In the event of any conflict between the Agreement and the provisions of any exhibit <br />or attachment to this Agreement, this Agreement will govern and control. <br /> <br />ARTICLE 12 <br />NOTICES <br /> <br />12.1 Notices required under this Agreement will be provided by the parties to one another by <br />certified mail, return receipt requested, or by confirmed facsimile transmission, to the following <br />addresses: <br /> <br />To the City: <br />City Manager <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />Fax: 512-396-4656 <br /> <br />To the Consultant: <br />Director of Sales <br />ONLINE Collections <br />202 West Fire Tower <br />Winterville, N.C. 28590 <br />Fax: 800-873-5796 <br /> <br />ARTICLE 13 <br />BASIS OF COMPENSATION <br /> <br />13.1 The City will compensate the Consultant, in accordance with Article 4, Compensation, <br />and the other terms and conditions of this Agreement, as follows: <br /> <br />13.2 The total of all fees received by the Consultant for its services are based strictly on <br />collection recovery. However, this compensation will not exceed $60.000.00 in any given year. <br />Fees for the Consultant's services area as follows: <br /> <br />Initial Arrears Letter <br />Accounts paid within the initial 15 calendar days from the date <br />of arrears letter <br /> <br />Not Applicable <br /> <br />20% contingency rate <br /> <br />9 <br />