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<br />Section 9. <br /> <br />9.1 <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 difference 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 />KEEPING AND STATUS OF RECORDS. <br /> <br />Records Created as Part of Consultant's Performance. All reports, data, <br />maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, <br />specifications, records, files, 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 />and the City shall own the copyright to said items. Consultant hereby agrees to <br />deliver those documents to the City upon termination of the Agreement. It is <br />understood and agreed that the documents and other materials, including but not <br />limited to those described above, prepared pursuant to this Agreement are <br />prepared specifically for the City and are not necessarily suitable for any future or <br />other use. City and Consultant agree that, until final approval by City, all data, <br />plans, specifications, reports and other documents are confidential and will not be <br />released to third parties without prior written consent of both parties. <br /> <br />9.2 <br /> <br />Consultant's Books and Records. Consultant shall maintain any and all ledgers, <br />books of account, invoices, vouchers, canceled checks, and other records or <br />documents evidencing or relating to charges for services or expenditures and <br />disbursements charged to the City under this Agreement for a minimum of three <br />(3) years, or for any longer period required by law, from the date of final payment <br />to the Consultant to this Agreement. <br /> <br />9.3 <br /> <br />Inspection and Audit of Records. Any records or documents that Section 9.2 of <br />this Agreement requires Consultant to maintain shall be made available for <br />inspection, audit, and/or copying at any time during regular business hours, upon <br />oral or written request of the City. Under California Government Code Section <br />8546.7, if the amount of public funds expended under this Agreement exceeds <br />TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to <br />the examination and audit of the State Auditor, at the request of City or as part of <br />any audit ofthe City, for a period of three (3) years after [mal payment under the <br />Agreement. <br /> <br />February 20, 2007 <br />Page 11 of 19 <br /> <br />Wastewater Treatment Plant Effluent Irrigation <br />Project No. 593-52-219 <br />