Res 2015-018/City and McCamant Consulting, LLC for the provision of Professional Wholesale Power And Utility Consulting Services in the estimated amount of $65,000.00

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of this Agreement in any fiscal year other than the year in which this Agreement was executed. The fiscal year for the City extends from October 1 st of each calendar year to September 30th of the following calendar year. 15. Safetv The work to be performed under this contract will be performed entirely at the Consultant's risk. The Consultant will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work to be performed under this contract. The Consultant will take all reasonable precautions for the safety of and will provide all reasonable protection to prevent damage, injury, or loss to employees, the work, the endangered species, or the property affected by this contract. All damage or loss to any property caused in whole or in part by the Consultant, any subcontractor, or anyone directly or indirectly employed by any of them will be remedied by the Consultant. 16. Notice As required under the Agreement, notice will be delivered in writing to the parties at the following locations: To the City City of San Marcos Jared Miller, City Manager 630 E. Hopkins San Marcos, Texas 78666 To the Consultant: McCamant Consulting, LLC Frank McCamant, Principal P.O. Box 26921 Austin, Texas 78755 17. Taxes The Consultant will not include Federal taxes or State of Texas limited sales excise and use taxes in its invoices or vouchers and statement of costs. The City is exempt from payment of such taxes and the Consultant may retrieve a resale certificate for use from the State of Texas Comptroller's website. 18. Miscellaneous Provisions (a) This Agreement is governed by the law of the State of Texas. This Agreement is to be performed in Hays County and exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. (b) As to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued when the party commencing the cause of action knew or should have known of the existence of the subject act or failure to act. (c) The Consultant agrees not to use funds received by it under the terms of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office. 10 CITY HALL • 630 EAST HOPKINS • SAN MARCOS, TEXAS 78666 512.393.8150 • FACSIMILE 512.393.3983 SANMARCOSTX.GOV