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which does not exceed $50,000, this Agreement may be amended only by separate written <br />instrument approved by the City's governing body and signed by both the City and Consultant. <br />11.2 Any exhibits and/or attachments attached to this Agreement are incorporated by reference <br />into this Agreement as though included verbatim herein. <br />11.3 In the event of any conflict between the Agreement and the provisions of any exhibit or <br />attachment to this Agreement, this Agreement will govern and control. <br />ARTICLE 12 <br />NOTICES <br />12.1 Notices required under this Agreement will be provided by the parties to one another by <br />certified mail, return receipt requested, or by confirmed facsimile transmission, to the following <br />addresses: <br />To the City: <br />Collette Jamison, Interim City Manager <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />Fax: 512-396-4656 <br />To the Consultant: <br />John Hewitt, Infrastructure Manager <br />Lockwood, Andrews and Newnam, Inc. <br />10101 Reunion Place, Suite 200 <br />San Antonio, Texas 78216-4165 <br />Fax: 210-499-5157 <br />ARTICLE 13 <br />BASIS OF COMPENSATION <br />13.1 The City will compensate the Consultant, in accordance with Article 4, Payments to the <br />Consultant, and the other terms and conditions of this Agreement, as follows: <br />13.2 The total of all fees and expenses to be paid to Consultant for Basic Services as described <br />in Sections 1.1 through 1.3 is a fixed fee of $59,782.00. This compensation is divided among <br />the Basic Services and Reimbursable Expenses as follows: <br />TASK 1 -PROJECT COORDINATION AND <br />DATA COLLECTION <br />TASK 2 - PREPARATION OF CIP AND <br />LAND USE ASSUMPTIONS <br />TASK 3 - IMPLEMENTATION OF IMPACT FEE <br />RECOMMENDATIONS <br />REIMBURSEABLE EXPENSES <br />TOTAL FEE: <br />LAN Agreement 2008 <br />11 <br />$21,596.00 <br />$28,736.00 <br />$ 8,800.00 <br />$ 650.00 <br />$ 59,782.00 <br />