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Docusign Envelope ID: F9B154EF-5A56-8240-818A-5DB3CBB2E102 <br /> 0 <br /> THE CITY OF SAN MARCOS <br /> PROFESSIONAL SERVICES AGREEMENT <br /> WHOLESALE POWER AND UTILITY CONSULTING SERVICES <br /> CONTRACT NUMBER 2026-002 <br /> This Agreement(this"Agreement")is entered into by and between THE CITY OF SAN MARCOS, a municipality in the <br /> State of Texas("CITY"),and Frank McCamant,McCamant Consulting,LLC,whose address is PO Box 26921,Austin, <br /> Texas 78755, ("CONTRACTOR"), and is effective for all purposes as of the date of the last signature to this Agreement <br /> ("Effective Date"). <br /> City and Contractor agree as follows: <br /> 1. Services. Contractor will perform the Services to provide wholesale power and utility consulting professional services to the <br /> City("Services"or"Project')and provide deliverables("Deliverables')set forth in Exhibit A,attached and incorporated <br /> for all purposes,to the satisfaction of City. <br /> 2. Term. The term("Term")of this Agreement will commence on the Effective Date,and will continue for one (1)year <br /> term,unless sooner terminated as provided herein. The contract will be automatically extended for three (3) additional <br /> one(1)year periods,provided all terms and conditions remain in full force and effect except for the contract period being <br /> extended or any price redetermination. The total period of the contract,including all extensions as a result of exercising <br /> this option,will not exceed a maximum combined period of four(4)years. Formal Notice of refusal by either party to <br /> exercise this option to automatically extend must be submitted ninety days(90)prior to annual expiration of the contract <br /> period and will cause the contract to expire on the original or mutually agreed upon date. <br /> 3. Election Not to Renew.Either party may elect not to renew this Contract for any subsequent renewal period by providing <br /> the other party with ninety (90)days' prior written notice before the expiration of the then-current contract period.If such <br /> notice is given,the Contract shall expire at the end of the current contract period,and no further automatic extensions shall <br /> apply. <br /> 4. Compensation. Contractor's fees for the Services are set forth in Exhibit A,attached and incorporated for all purposes <br /> for an annual amount not to exceed ninety-two thousand four hundred dollars ($92,400.00) and an amount up to seven <br /> thousand seven hundred dollars($7,700.00). <br /> 5. Invoice. City will pay to Contractor compensation for performance of the Services within thirty(30)days after receipt <br /> of an appropriate invoice ("Invoice") and City's approval of Services. Payment will be made in accordance with the <br /> Texas Prompt Payment Act, currently codified in Chapter 2251, Texas Government Code. Payment for delivery of <br /> Services, and rendered will not be unreasonably withheld or delayed. If City disapproves any amount submitted for <br /> payment by Contractor, City will give Contractor specific reasons for disapproval in writing within a reasonable time. <br /> Upon resolution of any disputed charges,Contractor will re-invoice such remaining charges to City. <br /> 5.1 Payment(s)will be made by the City upon the completion and acceptance of the work performed under this contract, <br /> and submission of an original invoice to the City of San Marcos, Accounts Payable Division, 630 East Hopkins <br /> Street, San Marcos,Texas 78666,or cosmaR(a samnarcostx.gov. <br /> 5.2 Invoices will include the Contract Number, work description, unit price, quantity, extended price, and contract <br /> number. <br /> 6. City's Representative.The City designates Utilities Director,to be named at a later date,as its representative authorized <br /> to act in the City's behalf with respect to this Agreement. The City representative's contact information is: <br /> Utilities Director <br /> 630 East Hopkins Street <br /> San Marcos,Texas 78666 <br /> Temporary Phone: 512-393-8301 <br /> Temporary email:hmolina@sanmarcostx.gov <br /> ----------------------------------------------------------------- <br /> Rev 01.14.2026 2026-002 Wholesale Power&Utility Consulting Services Page 1 of 5 <br />