Res 2006-164 - Laserfiche WebLink

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. . , ' e e CONSUL TANT TERMS AND CONDITIONS FOR COMMERCIAL & RESIDENTIAL INSPECTION SERVICES (REVISED) C & C Engmeenng, Inc. Dale Jackson 11651 PIano Road Dallas, TX 75243 972-680-2164 972-680-2207 Fax dale.j ackson@cnceng.com hereinafter called "Consultant". WHEREAS, the Consultant represents that It is fully capable of making and qualified to provide assistance to the CIty and Consultant desires to perform the same; NOW, THEREFORE, the CIty and the Consultant, in consideratIon of the mutual covenants and agreements herein contained, do mutually agree as follow: SECTION I SCOPE OF AGREEMENT The Consultant agrees to perform certain inspectIon services as defined In "Exhibit A" attached hereto and made a part hereof, hereinafter sometimes called "Scope of Work", and for having rendered such servIces, the City agrees to pay the Consultant compensation as stated in the sections to follow SECTION II CHARACTER AND EXTENT OF SERVICES The Consultant shall render all the profeSSIOnal services as defined in "Exhibit A" attached hereto. The City shall be under no obligation to pay for serVIces rendered without prior authorization. The City shall be the absolute and unqualified owner of all studies, exhibits, maps, reports, analyses, detenninations, recolllll1endatIons, computer files, and other documents prepared or acquired pursuant to thIS Agreement with the same force and effect as If the City had prepared or acqUIred the same. SECTION III TIME FOR PERFORMANCE The tIme for performance is the period beginning September 28,2006 through December 30,2007. Either Consultant or City may cancel this agreement upon providing proper verbal and WTltten thirty days notice, as referenced in SectIOn VII of this agreement. This agreement may be extended by the CIty of San Marcos as deemed necessary and agreed by both parties. SECTION IV COMPLIANCE AND STANDARDS Consultant agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto and shall use that degree of care and skill COlllll1ensurate with the management consulting profession to comply with all applIcable state, federal, and local laws, ordmances, rules, and regulatIons relating to the work to be performed hereunder and Consultant's performance. Consultant agrees that the City shall have the nght to use all exhibIts, maps, reports, analyses and other documents prepared or compiled by Consultant pursuant to thIS Agreement, and Consultant shall and does hereby agree to indemnIfy and hold harmless the City, its officers, agents, and employees from any and all damages, loss or liabilIty of any kmd, whatsoever, by reason of death or Injury to property or thIrd persons caused by the negligent act or omission of Consultant, ItS officers, agents, employees, invitees or other persons for whom it IS legally hable, with regard to the performance of thIS Contract.