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STATE OF TEXAS <br />COUNTY OF LAMAR <br />This contract entered into by and between the City of Paris, Lamaz County, Texas (hereinafter <br />called "OWNER") acting herein by Michael E. Malone, City Manager, hereunto duly authorized, <br />and Mark H. Spencer d/b/a MHS Planning & Design of Tyler, Smith County, Texas (hereinafter <br />called the "CONSL7LTANT"). <br />SECTION 1. EMPLOYMENT OF THE CONSULTANT <br />A. The Owner hereby employs the "CONSiJLTANT", and the Consultant agrees to provide <br />consulting services in connection with the construction of The Paris Sports Complex, <br />herein after called the "PROJECT" as described in the Tabulaz Summary of the Texas <br />Recreational Parks Account Fund administered by the Texas Parks and Wildlife <br />Department a copy of which is attached hereto and labeled Exhibit "A". ( and other <br />improvements attached hereto as Exhibit "B".) <br />B. Leneth of Contract: The services of the Consultant shall commence upon execution by <br />the City of a contract with the Texas Pazks and Wildlife Department for a project <br />acquisition and development grant. All ofthe services required and performed hereunder <br />with the exception of post construction inspections shall be completed no later than the <br />original expiration date set forth in the grant agreement. The Consultant shall not be <br />responsible for the failure of the Contractor to perform under the terms of any <br />construction contracts awarded as a result of the Consultant's professional services <br />hereunder. The Consultant shall not be responsible for the failure of the Owner to <br />budget funds, acquire property, receive bids, or otherwise diligently prosecute the <br />Owner's responsibilities set forth herein in Section 4 or meet other terms of the Owner's <br />grant agreement with Texas Pazks and Wildlife Department. <br />SECTION 2. BASIC SERVICES OF THE CONSULTANT <br />A. General: <br />The Consultant agrees to perForm and/or provide services in connection with the <br />Project as hereinafter stated. <br />2. The Consultant shall serve as the Owner's professional representative in all <br />phases ofthe project and shall give consultation and advice to the Owner during <br />the performance of his services. <br />B. Preliminary Report Phase: During the preliminary report phase, the Consultant shall: <br />Consult with the Owner to deternrine the requirements of the Project. <br />Coordinate and conduct one field trip with selected City Staffto analyze similar <br />existing pazks to determine design concepts and specifics for the project. <br />