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DocuSign Envelope ID:2CE1A3E3-D194-4667-B43E-97675D701C4C
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<br />THE CITY OF SAN MARCOS
<br />SERVICES CONTRACT
<br />PROFESSIONAL SUPPORT, ADVICE, AND ASSISTANCE
<br />TO THE
<br />PLANNING AND DEVELOPMENT SERVICES DEPARTMENT,
<br />ENGINEERING AND CAPITAL IMPROVEMENT DEPARTMENT, AND
<br />THE CITYMANAGER'S OFFICE
<br />#219-213
<br />This Agreement (this "Agreement") is entered into by and between THE CITY OF SAN MARCOS, a municipality in the State of
<br />Texas ("CITY"), and Southwest Land Services, Inc., whose address is P.O. Box 984, Leander, Texas 78646-0984
<br />("CONTRACTOR"), and is effective for all purposes as of March 1, 2019 ("Effective Date").
<br />City and Contractor agree as follows
<br />1. Services. Contractor will perform the Services ("Services" or "Project") and provide deliverables ("Deliverables") set forth in Exhibit
<br />A, attached and incorporated for all purposes, to the satisfaction of City.
<br />2. Term. The term ("Term") of this Agreement will commence on the Effective Date, and will continue for one (1) year term, unless
<br />sooner terminated as provided herein.
<br />3. Compensation. Contractor's fees for the Services are set forth in Exhibit A, attached and incorporated for all purposes for an
<br />amount not to exceed sixty-seven thousand five hundred dollars and zero cents ($67,500.00) for the full one (1) year term of the
<br />Agreement, which includes seven thousand five hundred dollars and zero cents ($7,500.00) for reimbursable expenses. City will
<br />pay to Contractor compensation for performance of the Services within thirty (30) days after receipt of an appropriate invoice
<br />("Invoice") and City's approval of Services. Payment will be made in accordance with the Texas Prompt Payment Act, currently
<br />codified in Chapter 2251, Texas Government Code. Payment for delivery of Services, and rendered will not be unreasonably
<br />withheld or delayed. If City disapproves any amount submitted for payment by Contractor, City will give Contractor specific
<br />reasons for disapproval in writing within a reasonable time. Upon resolution of any disputed charges, Contractor will re -invoice
<br />such remaining charges to City.
<br />WARRANTIES, TERMS, AND REPRESENTATIONS.
<br />4. Compliance with Laws and Policy. Contractor warrants and agrees that Contractor will perform the Services and conduct all
<br />operations in conformity with all applicable federal, state, and local laws, rules, regulations, and ordinances. For any Service
<br />performed on premises owned or controlled by City, Contractor warrants and agrees that Contractor will perform the Services in
<br />compliance with all City's Rules and "Standard Terms and Conditions," when not in conflict with the terms of this Agreement,
<br />found at ww .saLirnpr ostx_dc:
<br />*ov/terriwKa.nonc)itions, including but not limited to, prohibitions related to tobacco use, alcohol, and
<br />other drugs.
<br />4.1 Contractor will obtain, at its own cost, any and all approvals, licenses, filings, registrations and permits required by federal,
<br />state or local laws, regulations or ordinances, required for the performance of the Services.
<br />5. Performance. Contractor represents that Contractor has the personnel, experience, and knowledge necessary to qualify Contractor
<br />for the particular duties to be performed under this Agreement. Contractor warrants that all services performed under this Agreement
<br />will be performed consistent with generally prevailing professional or industry standards.
<br />6. Authority. Contractor represents and agrees that this Agreement reflects Contractor's full and correct name and that Contractor is
<br />entering into this Agreement in an individual capacity/with authorization on behalf of the named entity.
<br />7. Conflict of Interest. Contractor represents, and agrees that Contractor presently has no interest and will not acquire any interest,
<br />direct or indirect, that would conflict in any manner or degree with Contractor's performance of the Services hereunder. Contractor
<br />further warrants that no relationship or affiliation exists between Contractor and City that could be construed as a conflict of interest
<br />with regard to this Agreement.
<br />8. Deliverables and use of Documents. All drawings, specifications, plans, computations, data, photographs, records, models,
<br />statements, reports, and other deliverables or materials prepared or produced by Contractor in connection with the Services (collectively,
<br />"Service Deliverables"), whether or not accepted or rejected by City, are the property of City and for its exclusive use and re -use at any
<br />time without further compensation and without any restrictions. Contractor will not sell, disclose, or obtain any other compensation
<br />Rev 2/12/19 Pagel of 5
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