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I I I 11 0 . Attachment C City of San Marcos. Texas Terms and Conditions for Professional Services Agreements 1. Standards of Performance (a) The performance of all servIces by the Consultant under thIs Agreement will be by persons appropriately licensed or registered under State, local and Federal laws, (b) In performmg all servIces under thIS Agreement, the Consultant will use that degree of care and skill ordinarily exercised for sunilar projects by professIOnal consulting fIrms who possess speCial expertlse ill the types of servIces involved under thIS Agreement. (c) Any provIsIons m this Agreement pertaming to the City's review, approval and lor acceptance of written matenals prepared by the Consultant and/or its sub consultants m connectIOn with this Agreement will not diminIsh the Consultant's responsibihty 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 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 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 mformation 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 data and mformahon ill the City's possession needed by the Consultant, at the Consultant's request. (b) The CIty will deSIgnate an authonzed representahve to act on the City's behalf WIth respect to this Agreement. The City will examme documents Standard Ts and Cs March 2006 and mformahon submitted by the Consultant, and promptly render responses to the Consultant on issues requirmg 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 recognized 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 responsibilitles 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, exammation, excerpts, copying and transcriptions, (c) The Consultant will furmsh to the City at such time and m such form as the City may reqUIre, fmancial statements including audIted fmancIal statements, records, reports, data and mformatIon, as the CIty may request pertaming to the matters covered by this Agreement. 4. Ownership and Use of Documents (a) All documents prepared by the Consultant in 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 supporting documentatIOn relatmg 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 bus mess dunng that penod, It will turn over to the City all of ItS records relating to the Project for retention by the City, 5. Term: Termination of Agreement (a) The term of thIS Agreement begins upon the date of the letter agreement, and will end upon the 1