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PROFESSIONAL CONSULTING SERVICES FOR <br />SAN MARCOS BRANDING PROJECT <br />This Agreement is made this the 20th day of October, 2009, between the City of San <br />Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and KGBTexas Public <br />Relations Inc. dba KGBTexas, 1919 Oakwell Farms Parkway, Ste 100, San Antonio, TX 78218, <br />(the "Consultant"), for the provision of professional consulting services (the "Services") in <br />connection with the San Marcos Branding Project (the "Project"). <br />The City and the Consultant agrees as follows: <br />ARTICLE 1 <br />CONSULTANT'S SERVICES AND RESPONSIBILITIES <br />1.0 STANDARDS OF PERFORMANCE <br />1.0.1 The Consultant will be responsible for the proper, accurate and adequate execution and <br />completion of the Project, which generally includes assistance in developing a brand for the City <br />of San Marcos ("San Marcos") and involves collecting, assessing, developing and disseminating <br />information or materials related to the Project. <br />1.0.2 The Consultant's Basic Services consist of the services described in Sections 1.0 through <br />1.6 and the Consultant will perform these Services in coordination with its sub-consultant, <br />TateAustinHahn Public Relations located at 1105 North Lamar, Austin, Texas 78703. <br />1.0.3 The performance of all services by the Consultant in connection with this Agreement will <br />be by persons appropriately licensed or registered under State, local and Federal laws governing <br />their respective consulting disciplines. In performing all services under this Agreement, the <br />Consultant will use that degree of care and skill ordinarily exercised for similar projects by <br />professional Consultants who each possess special expertise in the types of services involved <br />under this Agreement. <br />1.0.4 The Consultant will not subcontract any of the work under this Agreement without prior <br />written approval from the City. Any work or services subcontracted under this Agreement will <br />be specified by separate written Agreement between the Consultant and the sub-consultant and <br />will be subject to each provision of this Agreement. <br />1.0.5 Any provisions in this Agreement pertaining to the City's review, approval and/or <br />acceptance of written materials prepared by the Consultant and/or their sub-consultants, <br />contractors, and subcontractors in connection with this Agreement will not diminish the <br />Consultant's responsibility for the materials. <br />1.0.6 The Consultant will perform all of its services in coordination with the City. The <br />Consultant will coordinate its Services with a City appointed Branding Task Force and will <br />advise the task force of its progress in all matters related to this Project. The Consultant will <br />Branding Project Agreement - Final <br />1