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<br />1- <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />158. <br /> <br />Attachment B <br /> <br />City of San Marcos. Texas <br />Terms and Conditions for Professional Services A2reements <br /> <br />1. Standards of Performance <br /> <br />( a) The performance of all services by the Consultant <br />under thIS Agreement will be by persons <br />appropriately licensed or registered under State, local <br />and Federal laws, <br /> <br />(b) In performIng all servIces under this Agreement, <br />the Consultant will use that degree of care and skill <br />ordmarily exercIsed for similar projects by <br />professional consulting firms who possess special <br />expertIse m the types of servIces mvolved under this <br />Agreement <br /> <br />(c) Any provisions in this Agreement pertaining to <br />the City's review, approval and lor acceptance of <br />wntten matenals prepared by the Consultant and/or <br />its subconsultants in connection with this Agreement <br />will not dIminish the Consultant's responsibility for <br />the matenals, <br /> <br />(d) The Consultant will perform all of its serVIces m <br />coordinatIon wIth the CIty The Consultant will <br />advIse the City of data and information the <br />Consultant needs to perform ItS services, and the <br />Consultant will meet wIth CIty representatives at <br />mutually convenient times to assemble thIS data and <br />informatIon. <br /> <br />( e ) In perforrmng all services under this Agreement, <br />the Consultant will comply with all local, state and <br />federal laws, <br /> <br />2. City's Responsibilities <br /> <br />(a) The City will proVIde information to the <br />Consultant regardmg the City's requirements for the <br />Consultant's services under thIS Agreement The <br />CIty will furmsh the Consultant wIth copies of <br />offiCIal City design standards and construction <br />standards, and other data and informatIon in the <br />CIty'S possessIOn needed by the Consultant, at the <br />Consultant's request <br /> <br />(b) The City will designate an authorized <br /> <br />October 2005 <br /> <br />representative to act on the City's behalf with respect <br />to this Agreement The City will examine documents <br />and mformatIon subrmtted by the Consultant, and <br />promptly render responses to the Consultant on issues <br />reqUIring a decisIOn by the CIty <br /> <br />3. Consultant's Records <br /> <br />(a) All expense records of the Consultant related to <br />this Agreement will be kept on a recognized <br />accounting basis acceptable to the CIty and will be <br />available to the City at mutually convenient times, <br />(b) The City, its auditors and federal and state <br />agenCIes that have monitoring or audltmg <br />responsibilities for thIS Agreement will have access <br />to any books, documents, papers and records of the <br />Consultant which are duectly pertinent to this <br />Agreement for the purpose of makmg audIt, <br />examinatIon, excerpts, copying and transcnptIOns. <br /> <br />(c) The Consultant will furnish to the City at such <br />time and in such form as the City may reqUIre, <br />financIal statements includmg audited financial <br />statements, records, reports, data and informatIon, as <br />the City may request pertammg to the matters <br />covered by this Agreement <br /> <br />4. Ownership and Use of Documents <br /> <br />(a) All documents prepared by the Consultant in <br />connection with this Agreement will become the <br />property of the City whether any project related to <br />this Agreement IS executed or not <br /> <br />(b) The Consultant will retain all of ItS records and <br />supportmg documentatIon relating to this Agreement, <br />and not delivered to the CIty, for a period of three <br />years, except that in the event the Consultant goes out <br />of business during that penod, it will turn over to the <br />City all of its records relating to the Project for <br />retention by the CIty <br /> <br />5. Term; Termination of Al!:reement <br /> <br />(a) The term of thIS Agreement begms upon the date <br /> <br />1 <br />