CC RES 94-059 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH AN ARCHITECT

Home Browse Search

• ARTICLE 8. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon 7 days' written notice by registered mail should the other party fail substantially to perform in accordance with its terms through no fault of the other. This Agreement may be terminated by the City at any time, without cause, upon at least 15 days written notice to the Architect. In the event of termination due to the fault of others than the Architect or by the City without cause, the Architect shall be paid for services performed to the termination date. ARTICLE 9. OWNERSHIP OF DOCUMENTS. 9.1 Drawings and Specifications as instruments of service are the property of the City, whether the Project for which they are made be constructed or not. 9.2 In the event that this Agreement is terminated, including any termination by the City with or without cause, the City shall have the right, itself or through its agents or designees, to use the Drawings, Specifications and Contract Documents for completion of the Project; provided: 9.2.1 The City shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless Architect against all liability, including without limitation attorneys' • fees, arising from the use of the Drawings, Specifications, design documents or any other information prepared or provided by the Architect without the Architect's involvement or express consent. 9.2.2. The Architect shall not be responsible for Work performed on the basis of the Drawings, Specifications, design documents or any other information provided or prepared by the Architect after the termination, suspension or abandonment of this Agreement, and any warranties, representations or indemnifications provided in this Agreement by the Architect shall not apply to Work performed without Architect's involvement. ARTICLE 10. SUCCESSORS AND ASSIGNS. The Architect and the City each binds itself, and its successors and assigns to the other party to this Agreement, and to the successors and assigns of such other party in respect to all covenants of this Agreement. It is expressly understood and agreed that this Agreement is a contract for professional services and the Architect shall not have the right to join with other architects or to subcontract, transfer or assign the architectural services provided for in this Agreement, unless the written consent and approval of the City is first obtained. In the event the City consents to the • -14-