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<br />.". , <br /> <br />e <br /> <br />e <br /> <br />."...~ <br />.' <br />I <br /> <br />CONSULTANT SERVICES AGREEMENT <br /> <br />T <br /> <br />j Au lt~ 'f '2., 'J.o oJ..-- <br />THIS AGREEMENT is made and entered into as of Ssptemaer --1 2t>61, by <br />and between City of LaPorte, Texas ("Client") and RCC Consultants, Inc., a Delaware <br />corporation with headquarters offices at 100 Woodbridge Center Drive - Suite 201, <br />Woodbridge, New Jersey 07095-1125 ("RCC"). <br /> <br />W! T N E ~ ~ E T H: <br /> <br />In consideration of the mutual promises herein contained, the parties hereto, <br />intending to be legally bound, agree as follows: <br /> <br />ARTICLE I - Scope of Work <br /> <br />RCC shall perform all Phase I services set forth in that certain proposal, dated <br />February 23,2001, a copy of which is annexed hereto as Appendix "A" and incorporated <br />herein by this reference (the "SOW"). The SOW shall not be modified except by written <br />agreement of the parties hereto. Anything herein to the contrary notwithstanding, if and <br />to the extent Client requests RCC to perform additional services not included in the <br />SOW, absent a further written agreement between the parties, Client shall compensate <br />RCC for the performance of such additional services on a time and materials basis in <br />accordance with RCC's hourly rate schedule then.in effect and the provisions of Article II <br />hereof. <br /> <br />ARTICLE II - Fees and Expenses <br /> <br />As compensation for the services performed under this Agreement, Client shall <br />pay RCG a fee in accordance with this Agreement and RCC's price proposal, dated June <br />5, 2001, a copy of which is annexed hereto as Appendix "B" and incorporated herein by, <br />this reference. This fee shall be based on actual time and materials used by RCC to <br />perform the work. The amount shown on Exhibit "B" shall not be exceeded without <br />written permission froin Client. Client shall reimburse RCC for all costs incurred by <br />RCC for travel, lodging, lI\.eals, and other out-of-pocket expenses related to the services <br />performed under this Agreement, and for third-party products and services procured by <br />RCC on Client's behalf, at RCC's cost therefor, plus an administrative charge equal to <br />ten percent (10%) of such cost. Each month during the term hereof, RCC will submit to <br />Client an invoice for the services performed and expenses incurred during the previous <br />month. Client shall pay RCC the amount on each such invoice within thirty (30) days of <br />receipt and any amount not paid within such thirty-day period shall accrue interest at a <br />rate equal to the lesser of (i) one and one-half percent (1.5%) per month, or (ii) the <br />highest rate permitted by law. <br /> <br />ARTICLE III - Submission of Reports <br />