Res 2012-077 - Laserfiche WebLink

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4.3 PAYMENT OF STATE FUNDS Payments due the Engineer from State funds under this Agreement are made contingent upon the appropriation of funds by the Texas Legislature in accordance with Article X, Section 1 of the TWDB Contract. This Agreement (Subcontract) will not be construed as creating any debt by or on behalf of the State of Texas and the TWDB, and all obligations of the State of Texas are subject to the availability of funds. To the extent the performance of this Agreement transcends the biennium in which this Agreement is entered into, this Agreement is specifically contingent upon the continued authority of the TWDB and appropriations therefore. ARTICLE 5 ENGINEER'S RECORDS 5.1 The Engineer will keep all of its expense records in a manner consistent with Generally Accepted Accounting Principles (GAAP) format acceptable to the City and these records will be available to the City at mutually convenient times. 5.2 The City, its auditors, federal auditors, and state auditors from agencies that have monitoring or auditing responsibilities for this Agreement will have access to any books, documents, papers and records of the Engineer which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, copying and transcriptions. The Engineer agrees to cooperate in audits, requests for information and investigation by the State Auditor's Office in connection with any and all state funds received pursuant to this Agreement. 5.3 The Engineer will furnish to the City at such time and in such form as the City may require, financial statements including audited financial statements, records, reports, data and information, as the City may request pertaining to the matters covered by this Agreement. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 All documents prepared by the Engineer in connection with this Agreement are the joint property of the City and TWDB whether any project related to this Agreement is executed or not. The City agrees such documents are not intended or represented to be suitable for reuse for another project by the City or others. Any such reuse by the City or those who obtained said documents from the City without written verification or adaptation by the Engineer will be without liability or legal exposure to the Engineer. 6.2 The Engineer will retain all of its records and supporting documentation related to this Agreement, and not delivered to the City, for a period of three years except in the event that the Engineer goes out of business during that period, it will turn over to the City, all of its records relating to the Project for retention by the City. 6.3 Ownership of data, materials and work papers in any media, that is gathered compiled, adapted for use, or generated by the Engineer, will become data, materials and, work owned by the TWDB and the Engineer will have no proprietary rights in such data, materials and work Direct Water Reuse Feasibility Study 2012 — Espey 8