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( d) Meet all requirements for retaining said public records and transfer, at no cost, to the CITY all
<br />said public records in possession of the ENGINEER upon termination of this Contract and
<br />destroy any duplicate public records that are exempt or confidential and exempt from public
<br />record and disclosure requirements. All records stored electronically must be provided to the
<br />CITY in a format that is compatible with the information technology systems of the CITY.
<br />ARTICLE 22 -INDEPENDENT CONTRACTOR RELATIONSHIP
<br />The ENGINEER is, and shall be, in the performance of all work services and activities under this Contract, an
<br />Independent Contractor, and not an employee, agent, or servant of the CITY. All persons engaged in any of
<br />the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the
<br />ENGINEER'S sole direction, supervision, and control. The ENGINEER shall exercise control over the
<br />means and manner in which it and its employees perform the work, and in all respects the ENGINEER'S
<br />relationship and the relationship of its employees to the CITY shall be that of an Independent Contractor and
<br />not as employees or agents of the CITY.
<br />The ENGINEER does not have the power or authority to bind the CITY in any promise, CONTRACT or
<br />representation other than as specifically provided for in this Contract.
<br />ARTICLE 23 -CONTINGENT FEES
<br />The ENGINEER warrants that it is has not employed or retained any company or person, other than a bona
<br />fide employee working solely for the ENGINEER to solicit or secure this Contract and that it has not paid or
<br />agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working
<br />solely for the ENGINEER, any fee, commission, percentage, gift, or any other consideration contingent upon
<br />or resulting from the award or making of this Contract.
<br />ARTICLE 24 -ACCESS AND AUDITS
<br />The ENGINEER shall maintain adequate records to justify all charges, expenses, and costs incurred in
<br />estimating and performing the work for at least three (3) years after completion of this Contract. The CITY
<br />shall have access to such books, records, and documents as required in this section for the purpose of
<br />inspection or audit during normal business hours, at the ENGINEER' s place of business.
<br />ARTICLE 25 -NONDISCRIMINATION
<br />The ENGINEER warrants and represents that all of its employees are treated equally during employment
<br />without regard to race, color, religion, disability, sex, age, national origin, ancestry, political affiliation,
<br />marital status, handicap, or sexual orientation. Further, ENGINEER shall not discriminate or permit
<br />discrimination against any employee or an applicant for employment on the basis of race, color, sex, religion,
<br />political affiliation, natural origin, ancestry, marital status, sexual orientation or handicap.
<br />ARTICLE 26 -ENFORCEMENT COSTS
<br />All parties shall be responsible for their own attorneys' fees, court costs and expenses if any legal action or
<br />other proceeding is brought for any dispute, disagreement, or issue of construction or interpretation arising
<br />hereunder whether relating to the Contract's execution, validity, the obligations provided therein, or
<br />performance of this Contract, or because of an alleged breach, default or misrepresentation in connection with
<br />any provisions of this Contract.
<br />Continuing Service Contract 1.27.15 17
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