Res 2013-119/Approving an agreement between the City and Dewberry Architects, Inc. for the SM Public Library

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ARTICLE 5 ARCHITECT'S RECORDS 5.1 The Architect will keep all of its expense records in a recognized accounting 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 agencies that have monitoring or auditing responsibilities for this Agreement will have access to any books, documents, papers and records of the Architect which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, copying and transcriptions. 5.3 The Architect 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 Architect in connection with this Agreement are the property of the City 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 Architect will be without liability or legal exposure to the Architect. 6.2 The Architect 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 Architect 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. ARTICLE 7 TERM; TERMINATION OF AGREEMENT 7.1 The term of this Agreement begins on the effective date established in the first paragraph of the Agreement and will end upon the Architect's completion, and the City's acceptance of all services described in this Agreement unless this Agreement is terminated under Sections 7.2 or 7.3 below. The Project must be completed within eight months of the effective date of this Agreement as established in the first paragraph of the Agreement. 7.2 This Agreement may be terminated by either party upon 15 calendar days prior written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. Dewberry Architects Agreement Final 8