09 - FEMA Flood Mitigation Assistance (FMA) Program Third Party Administrator

Home Browse Search

The completion schedule set for in this Article may be subject to causes that result in delay over which neither CONSULTANT nor the CITY has any control. Notification and justification for any such delays identified by the CONSULTANT must be made in writing and approved by the CITY. The schedule of work will be extended to include any such delays pursuant to Article XV, Changes. VI. Contract Termination Provision This Contract may be terminated at any time by CITY for any cause by providing CONSULTANT thirty (30) days written notice of such termination. Upon receipt of such notice, CONSULTANT shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Contract and shall proceed to promptly cancel all existing contracts insofar as they are related to this Contract. Data and study products prepared by the CONSULTANT under this Contract shall be delivered to the CITY if requested. The CITY will only be obligated to compensate the CONSULTANT in a just and equitable manner for those services performed prior to the effective date of termination and upon the CONSULTANT's submitting a statement of actual services performed and payment requested. VII. Ownershin of Documents All materials and documents prepared or assembled by CONSULTANT under this Contract shall become the sole property of CITY and shall be delivered to CITY without restriction on future use. CONSULTANT may retain in its files copies of all drawings, specifications and all other pertinent information for the work. CONSULTANT shall have no liability for changes made to any materials or other documents by others subsequent to the completion of the Contract. The Texas Water Development Board (TWDB) shall have unlimited rights to technical or other data resulting directly from the performance of services under this contract. It is agreed that all reports, drafts of reports, or other material, data, drawings, computer programs and codes associated with this contract and developed by the CONSULTANT or its contracted parties pursuant to this contract shall become the joint property of the CONSULTANT and the TWDB. These materials shall not be copyrighted or patented by the CONSTULANT or by any consultants involved in this contract unless the EXECUTIVE ADMINISTRATOR of the TWDB approves in writing the right to establish copyright or patent; provided, however, that copyrighting or patenting by the CONSULTANT or its SUB -CONSULTANTS will in no way limit the TWDB 's access to or right to request and receive or distribute data and information obtained or developed pursuant to this contract. Any material subject to a TWDB copyright and produced by the CONSULTANT or TWDB pursuant to this contract may be printed by the CONSULTANT or the TWDB at their own cost and distributed by either at their discretion. The CONSULTANT may otherwise utilize such material provided under this contract as it deems necessary and appropriate, including the right to publish and distribute the materials or any parts thereof under its own name, provided that any TWDB copyright is appropriately noted on the printed materials. The CONSULTANT and its contracted parties agree to acknowledge the TWDB in any news releases or other publications relating to the work performed under this contract. VIII. Insurance Reouirements A. Before commencing work, the consultant shall, at its own expense, procure, pay for and maintain during the term of this Contract the following insurance written by companies approved by the State of Texas and acceptable to the City of Paris. The consultant shall furnish to the City Clerk copies of the insurance policies required herein stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project and be addressed as follows: City of Paris 150 SE First St Paris TX 75460 Professional Services Contract — FMA Program Funding Administration Resource Management & Consulting Co. Page 3 of 18