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B. The Engineer will retain all of its records and supporting documentation relating to this <br /> Agreement, and not delivered to the City, for a period of three years except in the event that the <br /> Engineer goes out of business during that period, it will turn over, to the City, all of its records <br /> relating to the Project for retention by the City. <br /> ARTICLE 5 <br /> TERMINATION OF AGREEMENT <br /> A. The City may terminate this Agreement for convenience and without cause upon at least <br /> thirty (30) calendar days prior written notice to the Engineer. <br /> B. Upon the Engineer's receipt of any such notice of tetniination under this Article 5, it will <br /> cease work as directed in writing by the City. The City will compensate the Engineer for all <br /> services performed up to the date of the notice of termination, which are deemed by the City to be <br /> in accordance with this Agreement. The City will pay this amount upon the Engineer's delivering <br /> to the City all information and materials developed or accumulated by the Engineer in performing <br /> the services described in this Agreement, whether completed or in progress. The expense of <br /> reproduction of these items will be borne by the City. <br /> C. If applicable to this Agreement, funds for the payment for work performed by the Engineer <br /> under this Agreement have been provided through the City's budget approved by City Council for <br /> the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds <br /> beyond the fiscal year for which a budget has been approved. The City cannot guarantee the <br /> availability of funds, and enters into this Agreement only to the extent such funds are made <br /> available. The Engineer acknowledges and agrees that it will have no recourse against the City <br /> for its failure to appropriate funds for the purposes of this Agreement in any fiscal year other than <br /> the year in which this Agreement was executed. The fiscal year for the City extends from October <br /> 1st of each calendar year to September 30th of the following calendar year. <br /> ARTICLE 6 <br /> WARRANTY AND INDEMNIFICATION <br /> A. In performing all services under this Agreement, the Engineer or persons under the <br /> supervision of the Engineer will use that degree of care and skill normally exercised for similar <br /> projects by professional Engineers who possess special expertise in the types of services. The <br /> Engineer will ensure that all persons performing services under this Agreement possess the <br /> appropriate licenses under local, State or Federal law governing their respective discipline. As an <br /> experienced and qualified design professional, the Engineer warrants that the information it <br /> provides reflects highest professional and industry standards, procedures, and performances. The <br /> Engineer warrants that the preparation of designs/drawings, the designation or selection of <br /> materials and equipment, the selection and supervision of personnel, and the performance of other <br /> services under this Agreement, are pursuant to a high standard of performance in the profession. <br /> Any provisions in this Agreement pertaining to the City's review, approval and/or acceptance of <br /> 3 <br />