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<br />I <br /> <br />indirectly with this Agreement are included as part of the total fee. Except as to a change in the <br />scope of services, the compensation for which does not exceed $25,000, this Agreement may be <br />amended only by separate written instrument approved by the City's governing body and signed <br />by both the City and Consultant. <br /> <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 /> <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 /> <br />ARTICLE 12 <br />NOTICES <br /> <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 /> <br />I <br /> <br />To the City: <br />City Manager <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />Fax: 512-396-4656 <br /> <br />To the Consultant: <br />David Bisett <br />P.O. Box 706 <br />Wimberley, Texas 78676 <br /> <br />ARTICLE 13 <br />BASIS OF COMPENSATION <br /> <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 /> <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 will not exceed $153,500.00. This compensation is divided among <br />the Basic Services and Reimbursable Expenses. <br /> <br />13.3 Compensation for Basic Services and for Additional Services of the Consultant shall be <br />computed based on the Consultant's standard hourly rates of $55.00 for professional services and <br />at $20.00 per hour for clerical services. The Consultant is allotted $3,500.00 for reimbursable <br />expenses to be invoiced at actual cost. <br /> <br />I <br /> <br />Each of the persons executing this Agreement represents that he or she has full power and <br />authority to execute this Agreement on behalf of the party that person represents. This <br />Agreement will be effective as of the day and year established in the first paragraph of this <br />Agreement. <br /> <br />David Bisell Contract.doc <br /> <br />9 <br />