Res 2006-032 - Laserfiche WebLink

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I I I 1 2 q . Attachment B City of San Marcos. Texas Terms and Conditions for Professional Services Aereements 1. Standards of Performance (a) The performance of all services by the Consultant under this Agreement will be by persons appropnately hcensed or registered under State, local and Federal laws. (b) In performing all services under this Agreement, the Consultant will use that degree of care and skill ordinarily exercised by members of the profession currently practicing under smular conditions in the same locatIon. (c) Any provisions in this Agreement pertaining to the CIty'S review, approval and lor acceptance of written materials prepared by the Consultant and/or its subconsultants m connection with this Agreement will not diminish the Consultant's responsibility for the matenals. (d) The Consultant will perform all of Its serVIces m coordmatIon with the City. The Consultant will adVIse the CIty of data and mformation the Consultant needs to perform its services, and the Consultant will meet with City representatives at mutually convenient times to assemble this data and mformatIon. ( e) In perfonrung all services under this Agreement, the Consultant will comply with all local, state and federal laws. (f) Consultant is not responsible for the job site safety of others, nor does Consultant have stop-work authority over work by others. However, Consultant will conduct its work in a safe, workman-like manner, and will observe the work-site safety reqUirements of CIty or the City's construction contractor that have been commumcated to Consultant. 2. City's Responsibilities (a) The CIty will provide information to the Consultant regardmg the City's requirements for the October 2005 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 informatIon m the City's possession needed by the Consultant, at the Consultant's request. (b) The CIty will designate an authorized representative to act on the City's behalf with respect to this Agreement. The CIty will examme 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 w1l1 be available to the City at mutually convement tImes. (b) The City, ItS audItors and federal and state agencies that have momtonng or auditing responsibihtIes 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 making audIt, examination, excerpts, copymg and transcriptions. (c) The Consultant will furnish to the CIty at such time and in such form as the City may require, financial statements including audited financial statements, records, reports, data and mformation, as the City may request pertaining 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. (b) The Consultant will retain all of ItS records and supportmg documentation relatmg to this Agreement, and not delivered to the City, for a penod of three 1