Res 2006-021 - Laserfiche WebLink

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1- I I I 98. Attachment B City of San Marcos. Texas Terms and Conditions for Professional Services Al!reements 1. Standards of Performance (a) The performance of all services by the Consultant under this Agreement will be by persons appropnately licensed or registered under State, local and Federal laws. (b) In perfonning all services under this Agreement, the Consultant will use that degree of care and skill ordmarily exercised for similar projects by professional consulting firms who possess special expertise in the types of services involved under this Agreement. (c) Any provisions m this Agreement pertaining to the City's review, approval and lor acceptance of written materials prepared by the Consultant and/or itS subconsultants in connection with this Agreement will not diminish the Consultant's responsibility for the materials. (d) The Consultant will perform all of its serVices in coordmation with the City. The Consultant will advise the City of data and informatiOn the Consultant needs to perform its services, and the Consultant will meet with City representatives at mutually convement times to assemble this data and information. (e) In performmg all services under this Agreement, the Consultant will comply with all local, state and federal laws. 2. City's Responsibilities (a) The City will provide information to the Consultant regarding the City's requirements for the Consultant's serVices under this Agreement. The City will furnish the Consultant with copies of official City deSign standards and constructiOn standards, and other data and mformation in the City'S possessiOn needed by the Consultant, at the Consultant's request. (b) The City will designate an authorized October 2004 representative to act on the City's behalf with respect to this Agreement. The City will examine documents and information submitted by the Consultant, and promptly render responses to the Consultant on issues requiring a decision by the City. 3. Consultant's Records (a) All expense records of the Consultant related to this Agreement will be kept on a recogmzed accounting basis acceptable to the City and will be available to the City at mutually convenient times. (b) The City, itS auditors and federal and state agencies that have monitoring or auditing responsibilities for this Agreement will have access to any books, documents, papers and records of the Consultant which are directly pertinent to this Agreement for the purpose of makmg audit, examination, excerpts, copying and transcnptiOns. (c) The Consultant will furnish to the City at such time and in such form as the City may require, financial statements lllcludlllg audited financial statements, records, reports, data and lllformation, as the City may request pertaimng to the matters covered by thiS Agreement. 4. Ownership and Use of Documents (a) All documents prepared by the Consultant m connection with this Agreement will become the property of the City whether any project related to this Agreement is executed or not. Notwithstandmg the foregoing, all intellectual property and residual information, except for the City's confidential information, will remain the property of Consultant. (b) The Consultant will retain all of its records and supportmg documentation relating to thiS Agreement, and not delivered to the City, for a period of three years, except that m the event the Consultant goes out of business during that period, it will turn over to the City all of itS records relatmg to the Project for retention by the City. 1