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Res 2008-036
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Res 2008-036
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Last modified
3/6/2008 2:25:06 PM
Creation date
3/4/2008 9:02:13 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2008-36
Date
3/3/2008
Volume Book
174
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in Services fornl executed by the Engineer and the City. <br />ARTICLE 6 <br />ENGINEER'S RECORDS <br />6.1 All expense records of Engineer will be kept on a recognized accounting basis acceptable <br />to the City and will be available to the City at mutually convenient times. <br />6.2 The City, its auditors, federal auditors, and state agencies that have monitoring or <br />auditing responsibilities for this Agreement will have access to any books, documents, papers <br />and records of the Engineer which are directly pertinent to this Agreement for the purpose of <br />making audit, examination, excerpts, copying and transcriptions. <br />6.3 The Engineer will furnish to the City at such time and in such form as the City may <br />require, financial statements including audited financial statements, records, reports, data and <br />information, as the City may request pertaining to the matters covered by this Agreement. <br />ARTICLE 7 <br />OWNERSHIP AND USE OF DOCUMENTS <br />7.1 All documents prepared by Engineer in connection with this Agreement will become the <br />property of the City whether any project related to this Agreement is executed or not. The City <br />agrees such documents are not intended or represented to be suitable for reuse for another project <br />by City or others. Any such reuse by City or those who obtained said documents from City <br />without written verification or adaptation by the Engineer will be without liability or legal <br />exposure to the Engineer. <br />7.2 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 8 <br />TERM; TERMINATION OF AGREEMENT <br />8.1 The term of this Agreement begins on the effective date established in the first paragraph <br />of the Agreement and will end upon the Engineer's completion, and the City's acceptance of all <br />services described in this Agreement unless this Agreement is terminated under Sections 8.2 or <br />8.3 below. The design of the Project must be completed no later than 45 calendar days from the <br />date of execution of this agreement. <br />8.2 This Agreement may be terminated by either party upon 15 calendar days prior written <br />notice should the other party fail substantially to perform in accordance with its terms through no <br />fault of the party initiating the termination. <br />8.3 This Agreement may be terminated at will by the City upon at least 15 calendar days <br />KBR McCarty Agreement 2008 <br />14 <br />
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