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<br /> " ~3,c <br /> 8.9 In performing this Agreement, AUDITOR¡ its successors and <br /> assigTI.s¡ will comply with all local¡ state and federal laws and <br /> regulations. <br /> 8.10 The City of San Marcos is governed by the Texas Open Records <br /> Act (II ORA II), Chapter 252 of the Texas Government Code. This agreement <br /> and all written information generated under this agreement may be <br /> subject to release under the ORA. <br /> ARTICLE 9 <br /> SUCCESSORS AND ASSIGNS <br /> 9.1 The CITY and the AUDITOR, respectively, bind themselves, <br /> their partners¡ successors¡ assigns and legal representatives to the <br /> other party to this Agreement and to the partners, successors, assigns <br /> and legal representatives of such other party with respect to all <br /> covenants of this Agreement. Neither the CITY nor the AUDITOR will <br /> assign, sublet or transfer any interest in this Agreement without the <br /> written consent of the other. <br /> ARTICLE 10 <br /> EXTENT OF AGREEMENT <br /> 10.1 This Agreement represents the entire and integrated agreement <br /> between the CITY and the AUDITOR and supersedes all prior negotiations¡ <br /> representations or agreements¡ either written or oral. This <br /> Agreement may be amended only by written instrument signed by both CITY <br /> and AUDITOR. <br /> . <br /> ARTICLE 11 <br /> BASIS OF COMPENSATION <br /> The CITY will compensate the AUDITOR for the Scope of <br /> Services provided¡ in accordance with Article 4¡ Payments to the <br /> AUDITOR and the other terms and conditions of this Agreement¡ as <br /> follows: <br /> 11.1 BASIC COMPENSATION <br /> I <br /> I <br /> 11.1 The total basic fee to be paid to AUDITOR for the CITY¡s <br /> fiscal year ending September 30¡ 1995 will not exceed $35¡000.00 unless <br /> unforeseen circumstances arise that have a significant impact on the <br /> AUDITOR¡s work¡ in which case additional services will be negotiated in <br /> accordance with Paragraph 1.6. <br /> 11.2 For each fiscal year for which AUDITOR performs services for <br /> the CITY¡ the total basic fee will be apportioned to each phase of the <br /> services as follows: <br /> Phase 1 - Planning 20% <br /> Phase 2 - Audit 60% <br /> Phase 3 - Year End Closing/Reporting 20% <br /> 11. 3 The basic fee to be paid to AUDITOR for the CITY¡s subsequent <br /> fiscal years during the Audit Period will be renegotiated with the <br /> mutual consent of both parties and in keeping with inflation¡ changes <br /> -7- <br />