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

Home Browse Search

request pertaining to the matters covered by this Agreement. Information provided pursuant to this subsection will be held in strict confidence to the extent permitted by applicable law. 4. Ownership and Use of Documents (a) All documents prepared by the Consultant in connection with this Agreement are the property of the City whether any project related to the Agreement is executed or not. (b) The Consultant will retain all of its records and supporting documentation relating to the Agreement, and not delivered to the City, for a period of three years, except that in the event the Consultant goes out of business during that period, it will turn over to the City all of its records relating to the Consultant's services for retention by the City. 5. Patent Fees and Royalties (a) If applicable, the Consultant will pay all license fees, royalties, and other costs incident to the use of any invention, design, process, product or device subject to a patent right or copyright held by others in performing the work or in the completed project. (b) The Consultant will hold harmless, indemnify and defend the City, its officers, agents and employees from and against all claims, damages, losses and expenses, including attorney's and expert witness fees, arising out of any claim of infringement of a patent right or copyright in the performance of the work or the incorporation in the work of any invention, design, process, product or device. 6. Consultant as Independent Contractor It is expressly agreed that the Consultant is an independent contractor, and not an employee, agent, partner or joint venturer with the City. The Consultant will not pledge or attempt to pledge the credit of the City. 7. Designation of Consultant's Contact Person The Consultant agrees to designate in writing a single contact person assigned to coordinate the Consultant's performance of obligations under the Agreement. Any changes to this designation must be made by the Consultant in writing to the City. 8. Breach The City will have the right to declare the Consultant in breach of the Agreement for cause when the City determines that this Agreement has not been performed in accordance with its written terms and conditions. 9. Term; Termination of Aareement (a) The term of this Agreement begins on February 17, 2015 and will end September 30, 2015 unless this Agreement is terminated under subsections (b) or (c) below. This Agreement may be renewed for up to three (3) additional one -year terms upon approval by the City provided all terms and conditions, except for the contract period being extended or any City approved increase in the Consultant's monthly retainer, hourly rates or total fixed fee, remain unchanged and in full force and effect. Subsequent renewals will be on a fiscal year basis of October 1 through September 30 of the following year. If this renewal option is exercised it will be executed in the form of an Authorization in Change of Services ("Attachment B ") no sooner than 120 calendar days prior to the expiration of the Agreement, and not later than the final day of 7 CITY HALL • 630 EAST HOPKINS • SAN MARCOS, TExAS 78666. 512.393.8150 • FACSIMILE 512.393.3983 SANMARCOSTX.GOV