Res 2015-019/Master Agreement between the City and Schneider Engineering, Ltd. for the provision of Professional Electrical Engineering Services in the estimated not-to-exceed amount of $2,500,000.00

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paragraph of the Agreement and will continue for a period of three years until January 15, 2018. This Agreement may be renewed for an additional three year term, upon written approval by the City provided all terms and conditions, except for the contract period being extended or any City approved increase in the Engineer's hourly rates or total not -to- exceed fee, remain unchanged and in full force and effect unless this Agreement is terminated in accordance with Sections 7.2, 7.3 or 7.4 below. If this renewal option is exercised it shall be executed in writing by City and Engineer. The City shall notify the Engineer in writing of its refusal to renew this Agreement no later than 30 calendar days prior to the renewal date. The City's refusal to renew will cause the Agreement to expire on the original or mutually agreed date. The total period of this contract, including all renewals as a result of exercising this option may not exceed a maximum combined period of six (6) years. If this Agreement is not renewed or is terminated for any reason and there is work in process associated with a Work Authorization, then the terms and conditions of this Agreement and the corresponding Work Authorization will remain in effect until such time that the work is completed and the Engineer is paid in full. 7.2 The Engineer understands that funds for the payment for work performed by the Engineer under the Agreement have been provided through the City's budget approved by City Council for the current fiscal year only (October 1, 2014 to September 30, 2015) (the "Current Fiscal Year "). State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. The City cannot guarantee the availability of funds beyond the Current Fiscal Year, and enters into the Agreement with respect to subsequent fiscal years only to the extent funds are budgeted for the subsequent fiscal years. The Engineer acknowledges and agrees that it will have no recourse against the City for its failure to appropriate funds for the purposes of the Agreement in any fiscal year beyond the Current Fiscal year. The fiscal year for the City extends from October 1 st of each calendar year to September 30th of the following calendar year. 7.3 This Agreement may be terminated by either party upon 15 calendar days prior written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. Each party hereto shall provide the other party with at least a 30 calendar day period of opportunity to cure before initiating termination. 7.4 The City may terminate this Agreement for convenience and without cause upon at least 15 calendar days prior written notice to the Engineer. 7.5 In the event of termination as provided in this Article, the Engineer shall immediately discontinue any and all services under the Agreement upon the City's request. The City shall compensate the Engineer for all services performed to termination date, if such services are deemed by the City to be in accordance with this Agreement. The City shall pay for such services within 30 calendar days of the Engineer's delivering to the City all information and materials developed or accumulated by the Engineer in performing the services described in this Agreement, whether completed or in progress. The expense of reproduction of these items will be borne by the City. Master Electrical Engineering Services Agreement— Schneider 2015 8