Laserfiche WebLink
Exhibit A <br /> City of San Marcos,Texas <br /> Terms and Conditions for Professional Services Agreements <br /> 1. Standards of Performance (c) The Contractor will furnish to the City at such time and in such <br /> form as the City may require,financial statements including audited <br /> (a) The performance of all services by the Contractor under financial statements,records,reports,data and information,as the <br /> this Agreement will be by persons appropriately licensed or City may request pertaining to the matters covered by this Agreement. <br /> registered under State,local and Federal laws. <br /> 4.Ownership and Use of Documents <br /> (b) In performing all services under this Agreement,the <br /> Contractor will use that degree of care and skill ordinarily (a) All documents prepared by the Contractor in connection with this <br /> exercised for similar projects by professionals who possess Agreement will become the property of the City. <br /> special expertise in the types of services involved under this <br /> Agreement. (b) The Contractor will retain all of its records and supporting <br /> documentation relating to this Agreement,and not delivered to the <br /> (c) Any provisions in this Agreement pertaining to the City's City,for a period of three years,except that in the event the <br /> review,approval and/or acceptance of written materials Contractor goes out of business during that period,it will turn over to <br /> prepared by the Contractor and/or its subcontractors in the City all of its records relating to the Project for retention by the <br /> connection with this Agreement will not diminish the City. <br /> Contractor's responsibility for the materials. <br /> 5.Term;Termination of Agreement <br /> (d) The Contractor will perform all of its services in <br /> coordination with the City. The Contractor will advise the City (a) The term of this Agreement begins upon the date of the <br /> of data and information the Contractor needs to perform its letter agreement,and will renew automatically unless terminated in <br /> services and the Contractor will meet with City representatives at accordance with this Section. <br /> mutually convenient times to assemble this data and information. <br /> (b) This Agreement may be terminated by either party upon I 5 <br /> (e) In performing all services under this Agreement,the days prior written notice should the other party fail substantially <br /> Contractor will comply with all local,State and Federal laws. to perform in accordance with its terms through no fault of the party <br /> initiating the termination. <br /> 2.City's Responsibilities <br /> (c) This Agreement may be terminated at will by the City upon <br /> (a) The City will provide information to the Contractor at least 30 days prior written notice to the Contractor. <br /> regarding the City's requirements for the Contractor's services <br /> under this Agreement.The City will furnish the Contractor with (d) In the event of termination as provided in this Section,the <br /> copies of data and information in the City's possession needed Contractor will be compensated for all services performed to the <br /> by the Contractor,at the Contractor's request. termination date which are deemed by the City to be in accordance <br /> with this Agreement. This amount will be paid by the City upon the <br /> (b) The City will designate an authorized representative to Contractor's delivering to the City all information and materials <br /> act on the City's behalf with respect to this Agreement. The City developed or accumulated by the Contractor in performing the <br /> will examine documents and information submitted by the services described in this Agreement,whether completed or in <br /> Contractor,and promptly renders responses to the Contractor on progress. The expense of the reproduction of these items will be <br /> issues requiring a decision by the City. borne by the City. <br /> 3.Contractor's Records 6.Insurance and Indemnity <br /> (a) All expense records of the Contractor related to this (a) The Contractor <br /> Agreement will be kept on a recognized accounting basis will hold harmless,indemnify and defend the City and its employees, <br /> acceptable to the City and will be available to the City at agents,officers and servants from any and all lawsuits,claims, <br /> mutually convenient times. demands and causes of action of any kind arising from the negligent <br /> or intentional acts,errors or omissions of the Contractor,its officers, <br /> (b) The City,its auditors and federal and state agencies that employees or agents. This will include,but not be limited to,the <br /> have monitoring or auditing responsibilities for this Agreement amounts of judgments,penalties,interest,court costs,reasonable legal <br /> will have access to any books,documents,papers and records of fees,and all other expenses incurred by the City arising in favor of <br /> the Contractor which are directly pertinent to this Agreement for any party,including the amounts of any damages or awards resulting <br /> the purpose of making audit,examination,excerpts,copying and from claims,demands and causes of action for personal injuries,death <br /> transcriptions. or damages to property. <br /> (b) The Contractor will procure and maintain at its expense <br /> insurance with insurance companies authorized to do business in the <br />