Res 2017-024/approving an agreement with Leathers and Associates, Inc. for the provision of professional design services in connection with the reconstruction of the San Marcos Playscape Project in the fixed fee amount of $65,300.00

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December 5, 2016 Leathers and Associates, Inc. 1771 Hanshaw Road, Ste. B Ithaca, New York 14850 Contract Number: 217-140 Attention: Marc Leathers, President LETTER OF AGREEMENT Dear Mr. Leathers: This letter will serve as an agreement (the "Agreement") between Leathers and Associates, Inc. (the "Consultant") 1771 Hanshaw Road, Ste. B, Ithaca, New York 14850 and the City of San Marcos (the "City"), 630 East Hopkins, San Marcos, Texas 78666 for professional design services in connection with the Reconstruction of the San Marcos Playscape (the "Project"). The Consultant will perform its services as described in the scope of Work attached as Attachment A. The Consultant agrees to perform all of its services in accordance with the attached City of San Marcos Terms and Conditions for Professional Service Agreements (Attachment B). In the event of any conflict between the provisions of Attachment A and the provisions of Attachment B, the provisions of Attachment B will control. The City agrees to pay the Consultant a fixed fee of $65,300.00 for the satisfactory performance of basic services in accordance with the provisions of Attachment A. Since the Consultant's compensation is a fixed fee for basic services, including minor deviations from those described in this Agreement, compensation to the Consultant for additional services will only be for substantial deviations from the scope of services described in this Agreement. Reimbursable expenses, including such things as expenses for reproduction of documents, permit fees, auto travel mileage (at the prevailing IRS rate), lodging, delivery charges, long distance communications and freight are included in the Consultant's basic services compensation. The City will compensate the Consultant for the performance of additional services based on the Consultant's standard hourly rates and direct expenses as specified in Attachment A. The City will pay the Consultant monthly following the City's receipt and approval of the Consultant's itemized invoices showing direct and indirect labor costs; expenses for materials and supplies and any other reimbursable expenses; and fees for additional services performed and included on the invoice submitted. The Consultant will base its invoices upon the extent of work it has completed on a percentage basis, reimbursable expenses and additional services (if any), less any disputed amounts, pending resolution thereof. Each material change (deletion or CITY HALL • 630 EAST HOPKINS • SAN MARCOS, TEXAS 78666 . 512.393.8150 • FACSIMILE 855.759.2846 SANMARCOSTX.GOV 1