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<br />Attachment B <br /> <br />City of San Marcos. Texas <br />Terms and Conditions for Professional Services Ae:reements <br />Utilizine: Housine: and Urban Development Grant Funds <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 />appropnately licensed or registered under State, local <br />and Federal laws. <br /> <br />(b) Fundmg for the Project identified m this <br />Agreement IS bemg proVided by the UOlted States <br />Department of Housmg and Urban Development <br />("HUD") through the Community Development <br />Block Grant ("CDBG") Program. <br /> <br />(c) In performmg all services under thiS Agreement, <br />the Consultant will use that degree of care and skill <br />ordmanly exerCised for snnilar projects by <br />professIOnal consultmg firms who possess special <br />expertise m the types of serVices mvolved under this <br />Agreement. <br /> <br />(d) Any provIsions m this Agreement pertaming to <br />the Ctty's reView, approval and lor acceptance of <br />wntten matenals prepared by the Consultant and/or <br />ItS subconsultants m connection with thiS Agreement <br />will not dimlOlsh the Consultant's responsibility for <br />the matenals <br /> <br />(e) The Consultant will perform all of its services m <br />coordmatlOn 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 />mUhlally convement times to assemble thiS data and <br />mformatlOn. <br /> <br />(f) In performmg 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 /> <br />Bym IS and cs - HOME <br /> <br />City will furnish the Consultant with copies of data <br />and mformatlon m the City's possession needed by <br />the Consultant, at the Consultant's request. <br /> <br />(b) The City will designate an authonzed <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 recogOlzed <br />accounting basis acceptable to the City and will be <br />available to the City at mutually convenient times. <br /> <br />(b) The City, its auditors and federal and state <br />agenCies that have moOltoring or auditing <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 />exammation, excerpts, copying and transcriptions. <br /> <br />(c) The Consultant will furnish to the City at such <br />time and m such form as the City may reqUire, <br />finanCial statements mcludmg audited finanCial <br />statements, records, reports, data and information, as <br />the City may request pertaining 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 m <br />connection with tlus 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 retam all of itS records and <br />supporting documentation relating to this Agreement, <br />and not delivered to the City, for a period of tluee <br />years, except that m the event the Consultant goes out <br /> <br />1 <br />