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PROFESSIONAL SERVICES AGREEMENT <br />This Agreement is effective this the 17th day of July, 2012 between the City of San <br />Marcos, Texas, (the "City "), 630 East Hopkins, San Marcos, Texas 78666 and The Broussard <br />Group, Inc., dba TBG Partners, (the "Consultant "), 901 South MoPac, Bldg. II, Ste. 350, Austin, <br />Texas 78746 (the "Consultant "), for the Consultant's preparation of a flexible future land use and <br />growth plan template (the "Plan ") through a community participatory workshop as part of the <br />Comprehensive Master Plan Update Project (the "Project "). <br />The City and the Consultant agree 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 performance of all work for the Plan which <br />generally involves the preparation for a design rodeo, participation in the design rodeo, and a <br />graphic results summary of the design rodeo. <br />1.0.2 The Consultant's Basic Services consist of the services described in Sections 1.0 through <br />1.3 and include the design of the Plan including the future land use map, associated graphics and <br />illustrations and participation in the City's design rodeo. <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 normally exercised for similar projects by <br />Consultants who possess special expertise in the types of services included in this Agreement. <br />1.0.4 The Consultant will not subcontract any work under this Agreement without prior written <br />approval from the City. The Consultant will specify any work or services subcontracted under <br />this Agreement by separate written Agreement and that Agreement will be subject to each <br />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 its subconsultants, contractors, <br />and subcontractors in connection with this Agreement will not diminish the Consultant's <br />responsibility for the materials. <br />1.0.6 Consultant will perform all of its services in coordination with the City. The Consultant <br />will advise the City of data and information the Consultant needs to perform its services and the <br />Consultant will meet with City representatives at mutually convenient times to assemble this data <br />and information. <br />TBG Partners — Comp Plan 2012 <br />