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<br /> 5. Records. VENDOR shall keep and maintain accurate recards af ali time
<br /> expended and costs and expenses incurred rela#ing to services to be
<br /> performed by VENDOR hereunder. Said records shall be available to City
<br /> for review and copying during regular business hours at VENDOR's place
<br /> af business or as otherwise agreed upon by the parties.
<br /> 6. Authorization. This Agreement becomes effective when endorsed by both
<br /> parties in the space provided below.
<br /> 7. Reliance on Professionai Skill o#VENDOR. VEND4R represents that it has
<br /> the necessary professional skills to perform the services required and the
<br /> ClTY shall rely on such skills of the VENDOR to do and perform the wark.
<br /> in performing services hereunder VEND4R shai! adhere to the standards
<br /> generalty prevaiiing for the performance of expert consulting services
<br /> simifar to those ta be performed by VENDOR hereunder.
<br /> 8. Documents. All documents, plans, drawings, renderings, and other papers,
<br /> or copies thereof, as finatly rendered, prepared by VENDOR pursuant to the
<br /> terms of this Agreement, shati, upon preparation and rielivery to City,
<br /> became the property ofi City.
<br /> 9. Relationsh� of Parties. It is understood that the relationship of VENDOR to
<br /> the CITY is that o#an independent contractor and all persons working for or
<br /> under the directian of VENDOR are its agents or employees and not agents
<br /> or employees of the CITY.
<br /> 10. Schedule. VENDOR shali adhere to the scheduie set forth in Exhibit A;
<br /> provided, that City shall grant reasonable extensions o# time for the
<br /> perfarmance of such services occasioned by governmental reviews of
<br /> VEND�R's work produ�t or vther unavoidable delays; provided, further,
<br /> that such unavoidable delay shatl not include sirikes, lockouts, work
<br /> stoppages, or o#her labor disturbances conducted by, or on behal# of,
<br /> VENDQR's officers or employees.
<br /> VENDOR acknowtedges the importance to City af City's Project schedule
<br /> and agrees to put forth its best professional efforts to perform its services
<br /> under this Agreement in a manner consistent with that sChedule.
<br /> 11. tndemni . VENDOR hereby agrees to defenci, indemnify, and save
<br /> harmiess City and, its Council, boards, commissions, officers, empfoyees
<br /> and agents, from and against any and all claims, suits, actions iiability, ioss,
<br /> damage, expense, cost (including, without limitation, costs and fees of
<br /> iitigation) at every na#ure, kind or description, which may be brought
<br /> against, or suffered or sustained by City, its Council, boards, commissions,
<br /> officers, empioyees ar agents caused by, or alleged to have been caused
<br /> by, the negligence, intentional tortuous act or omission, or willful
<br /> misconduc# of VENDOR, its officers, empioyees or agents in the
<br /> performance of any services or work pursuant to this Agreement.
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