Res 2016-042/Contract with Southwest Land Services

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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 this 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 this 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 Agreement (a) The term of this Agreement begins on the effective date established on the first page of the Letter Agreement and will end upon the Consultant's completion, and the City's acceptance of all services described in this Agreement unless this Agreement is terminated under subsections (b) or(c)below. (b) 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. The Consultant will provide the City with at least a 30 calendar day period of opportunity to cure before the Consultant initiates termination. (c) This Agreement may be terminated for convenience and without cause by the City upon at least 10 calendar days prior written notice to the Consultant. Upon receipt of notice of termination under this subsection, the Consultant will immediately stop all work hereunder and will submit a final invoice within ten (10) days for work performed through the termination date specified in the notice. (d) The Consultant will be compensated for all services performed to the termination date which are deemed by the City to be in accordance with this Agreement. This amount will be paid by the City upon the Consultant's delivering to the City all information and materials developed or accumulated by the Consultant in performing the services described in this Agreement, whether completed or in progress. The expense of the reproduction of these items will be borne by the City. 10. Insurance and Indemnity (a) The Consultant will indemnify, hold harmless and defend the City and its employees, agents, officers and servants from any and all lawsuits, claims, demands and causes of action of any kind arising from the negligent or intentional wrongful acts errors or omissions of the Consultant, its officers, employees or agents. This will include, but not be limited to, the amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses incurred by the City arising in favor of any party, including the amounts of any CITY HALL•630 EAST HOPKINS • SAN MARCOS,TEXAS 78666 • 512.393.8150 • FACSIMILE 855.759.2846 SANMARCOSTX.GOV 5