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<br />Section 9. <br /> <br />9.1 <br /> <br />9.2 <br /> <br />9.3 <br /> <br />8.6.2 Retain the plans, specifications, drawings, reports, design documents, and <br />any other work product prepared by Consultant pursuant to this <br />Agreement; <br /> <br />8.6.3 Retain a different consultant to complete the work described in Exhibit A <br />not finished by Consultant; or <br /> <br />8.6.4 Charge Consultant the ditlerence between the cost to complete the work <br />described in Exhibit A that is unfinished at the time of breach and the <br />amount that City would have paid Consultant pursuant to Section 2 if <br />Consultant had completed the work. <br /> <br />KRRPING AND STATUS OF RRCORDS. <br /> <br />Records Created as Part of Consultant's Performance. All reports, elata, <br />maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, <br />specifications, records, flIes, or any other documents or materials, in electronic or <br />any other form, that Consultant prepares or obtains pursuant to this Agreement <br />and that relate to the matters covered hereunder shall be the property of the City. <br />Consultant hereby agrecs to deliver those documents to thc City upon termination <br />of the Agreement. It is understood and agreed that the documents and other <br />materials, including but not limited to those described above, prepared pursuant to <br />this Agreement are prepared specifically for the City and are not necessarily <br />suitable for any future or other use. City and Consultant agree that, until final <br />approval by City, all data, plans, specifications, reports and other documents arc <br />eonlldential and will not be released to third parties without prior written consent <br />of both parties. If any documents or other materials prepared by Consultant are <br />used [or a pUIl)ose other than fl.)r which they are intended, the user shall bc <br />responsible for any liability related to such usc. <br /> <br />Consultant's Books and Records. Consultant shall maintain any and alllcdgers, <br />books of account, invoices, vouchers, canceled checks, and other records or <br />doeumcnts evidencing or relating to charges for services or expenditures and <br />disburscments charged to the City under this Agreement for a minimum of three <br />(3) years, or for any longer period requircd by law, from the date of Ilnal payment <br />to the Consultant to this Agrecmcnt. <br /> <br />Inspection and Audit of Records. Any records or doeumcnts that Section 9.2 of <br />this Agreemcnt requires Consultant to maintain shall be made available for <br />inspcetion, audit, and/or copying at any time during regular business hours, upon <br />oral or written requcst of the City. Under Caliiornia Govcrnmcnt Code Section <br />8546.7, if the amount of public funds cxpended under this Agreement excecds <br />TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to <br />the examination and audit ofthe State Auditor, at the request of City or as part of <br /> <br />Novcmber 13, 2006 <br />Pagc I I () f 21 <br /> <br />I kspcrian Boulevard/r .l:welling Intersection Traffic Asscssmcnl <br />