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8.6.3 Retain a different consultant to complete the work described in Exhibit A not <br />finished by Consultant; or <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 amount that <br />City would have paid Consultant pursuant to Section 2 if Consultant had <br />completed the work. <br />Section 9. KEEPING AND STATUS OF RECORDS. <br />9.1 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 any <br />other form, that Consultant prepares or obtains pursuant to this Agreement and that relate <br />to the matters covered hereunder shall be the property of the City. Consultant hereby <br />agrees to 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 limited to <br />those described above, prepared pursuant to this Agreement are prepared specifically for <br />the City and are not necessarily suitable for any future or other use. City and Consultant <br />agree that, until final approval by City, all data, plans, specifications, reports and other <br />documents are confidential and will not be released to third parties without prior written <br />consent of both Parties. <br />City shall own copyright privileges to the above documents. City agrees to release <br />Architect from any liability arising from the reuse of any plans, specifications or other <br />construction documents prepared pursuant to this Agreement for uses not related to scope <br />this contract's scope of work. In addition, City agrees, to the fullest extent permitted by <br />law, to indemnify, defend and hold the Architect harmless from any damage, liability or <br />cost (including reasonable attorney's fees) arising from such reuse of any or all of the <br />construction documents. <br />9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books <br />of account, invoices, vouchers, canceled checks, and other records or documents <br />evidencing or relating to charges for services or expenditures and disbursements charged <br />to the City under this Agreement for a minimum of 3 years, or for any longer period <br />required by law, from the date of final payment to the Consultant to this Agreement. <br />9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this <br />Agreement requires Consultant to maintain shall be made available for inspection, audit, <br />and/or copying at any time during regular business hours, upon oral or written request of <br />the City. Under California Government Code Section 8546.7, if the amount of public funds <br />expended under this Agreement exceeds $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 any audit <br />of the City, for a period of 3 years after final payment under the Agreement. <br />Consulting Services Agreement between City of San Leandro and Last revised 2/21/18 <br />Glass Architects for the Farrelly Pool Replacement Page 11 of 15 <br />