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Docusign Envelope ID:3EDD0960-FFF6-43E2-8E49-1A7B2008A238 <br /> THE FIRM SHALL HOLD OWNER, THE CITY OF SAN MARCOS, AND ITS CITY COUNCIL, <br /> OFFICERS, AGENTS AND EMPLOYEES HARMLESS AND FREE FROM ANY LOSS, DAMAGE OR <br /> EXPENSE TO THE EXTENT THAT THE LOSS,DAMAGE OR EXPENSE IS CAUSED BY OR RESULTS FROM <br /> AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR <br /> FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE INDEMNITOR OR THE <br /> INDEMNITOR'S AGENT,CONSULTANT UNDER CONTRACT,OR ANOTHER ENTITY OVER WHICH THE <br /> INDEMNITOR EXERCISES CONTROL. <br /> ARTICLE 14 <br /> COMPENSATION <br /> The Professional Finn's compensation for Professional Services shall be as follows: <br /> Service Fees: The compensation for Professional Services provided under this Agreement shall be based on <br /> an hourly rate for time and materials. The total cost of services rendered shall not exceed Five Hundred Thirty <br /> Thousand,Four Hundred Seventy-Eight Dollars (S530,478)as approved by the Owner set forth in Exhibit B. The <br /> parties agree that lump sum payment arrangements are not preferred for this agreement. <br /> Reimbursable Expenses: For Reimbursable Expenses approved by the Owner(ref.Article 8 and Exhibit B), <br /> Professional Firm shall be compensated for the actual expense incurred,including in-state travel expenses essential to <br /> the performance of services under this Agreement. Notwithstanding the foregoing, Owner's payment to the Firm for <br /> Reimbursable Expenses will not exceed a maximum of amount agreed upon in this Agreement and Exhibits without the <br /> prior written approval of the Owner. <br /> Additional Services: The Firm's Compensation for any approved Additional Services shall be as described <br /> in the Additional Services Proposal accepted by the Owner. <br /> OWNER: PROFESSIONAL FIRM: <br /> THE CITY OF SAN MARCOS PLUMMER ASSOCIATES,INC. <br /> I—DocuSigned by:By. ^ . � By. <br /> 99 622D'A9`3C�4E-C <br /> Name: Name:�e <br /> Stephanie eyes Ellen McDonald <br /> Title: city Manager Title: Principal, VP of Operations <br /> Date: <br /> 11/15/2024 Date: 11/1/2024 <br /> Exhibits: <br /> EXHIBIT A—Scope of Services and Deliverables <br /> EXHIBIT B—Detailed Fee Schedule <br /> EXHIBIT C—Authorization of Change in Service Form <br /> EXHIBIT D—Any Federal Grant Terms and Conditions,as required <br /> Rev 11.14.2023 Page 8 of 12 <br />