11 - Branding Manager Service Contract with DeadCat Media

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of Attachment "A" and this Contract, the terms and conditions of this Contract shall be final and binding upon both parties hereto. III. Payment for Services Total payment for services described herein shall be a sum not to exceed Fourteen Thousand and No/100 Dollars ($14,000.00). This total payment for services includes CONSULTANT's expenses. Additional expenses, which are extraordinary in nature, shall be approved in advance by CITY in writing signed by the parties. Such extraordinary expenses may be paid as incurred and billed to the CITY pursuant to this Contract over and above the total payment amount identified in this provision. Any extraordinary expenses not approved in writing in advance by the CITY shall remain the sole responsibility of the CONSULTANT. CITY will pay CONSULTANT said $14,000.00 fee in monthly installments pursuant to Attachment "A." To aid CITY in processing each installment, each month, CONSULTANT will submit to CITY an invoice for that month's installment within 10 days of the date said installment becomes due and owing. Nothing contained in this Contract shall require CITY to pay for any work that is unsatisfactory as determined by CITY or which is not submitted in compliance with the terms of this Contract, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which CITY may have if CONSULTANT is in default, including the right to bring legal action for damages or for specific performance of this Contract. Waiver of any default under this Contract shall not be deemed a waiver of any subsequent default. Within thirty (30) days of receipt of each such monthly invoice, CITY shall make payment in the amount shown by CONSULTANT's approved monthly statements and other documentation submitted. Such payments shall be subject to the Texas Prompt Payment Act, Texas Government Code §§ 2251.001, of seq. IV. Revisions of the Scope of Services CITY reserves the right to revise or expand the scope of services after due approval by CITY as CITY may deem necessary, but in such event CITY shall pay CONSULTANT equitable compensation for such services. In any event, when CONSULTANT is directed to revise or expand the scope of services under this Section of the Contract, CONSULTANT shall provide CITY a written proposal for the entire cost involved in performing such additional services. Prior to CONSULTANT undertaking any revised or expanded services as directed by CITY under this Contract, CITY must authorize in writing the nature and scope of the Professional Services Contract DeadCat Media, LLC Page 2 of 17