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Res 2000-039
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Last modified
7/19/2006 3:23:16 PM
Creation date
7/19/2006 3:22:53 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2000-39
Date
2/14/2000
Volume Book
139
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<br />5.2 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, <br />papers and records of the Engineer which are directly pertinent to this Agreement for the <br />purpose of making audit, examination, excerpts, copying and transcriptions. <br /> <br />5.3 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 <br />and information, as the City may request pertaining to the matter covered by this <br />Agreement. <br /> <br />ARTICLE 6 <br />OWNERSHIP AND USE OF DOCUMENTS <br /> <br />6.1 All documents prepared by Engineer in connection with this Agreement will become <br />the property of the City whether any project related to this Agreement is executed or not. <br /> <br />6.2 The Engineer will retain all of its records and supporting documentation relating to <br />this Agreement, and not delivered to the City, for a period of three years except in the <br />event that the Engineer goes out of business during that period, it will turn over, to the City, <br />all of its records relating to the Project for retention by the City. <br /> <br />6.3 Owner agrees such documents are not intended or represented to be suitable for <br />reuse for another project by Owner or others. Any such reuse by Owner or those who <br />obtained said documents from Owner without written verification or adaptation by Engineer <br />will be at Owner's sole risk and without liability or legal exposure to Engineer. <br /> <br />ARTICLE 7 <br />TERMINATION OF AGREEMENT <br /> <br />7.1 The term of this Agreement begins upon its execution by both parties, and will end <br />upon the Engineer's completion, and the City's acceptance of all services described in this <br />Agreement unless this Agreement is terminateCl under Sections 7.2 or 7.3 below. <br /> <br />7.2 This Agreement may be terminated by either party upon 15 days prior written notice <br />should the other party fail substantially to perform in accordance with its terms through no <br />fault of the party initiating the termination. <br /> <br />7.3 This Agreement may be terminated at will by the City upon at least 15 days prior <br />written notice to the Engineer. <br /> <br />7.4 In the event of termination as provided in this Article, the Engineer will be <br />compensated for all services performed to the termination date which are deemed by the <br />City to be in accordance with this Agreement. This amount will be paid by the City upon the <br />Engineer's delivering to the City all information and materials developed or accumulated <br />by the Engineer in performing the services described in this Agreement, whether <br /> <br />4 <br />
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