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14. Maintenance of Records; Retention of Records; Audit.
<br /> 14. 1 Consultant will maintain complete and accurate records with respect to costs
<br /> incurred and charges made under this Agreement. All records will be clearly identifiable.
<br /> Consultant will allow a representative of City during normal business hours to examine,
<br /> audit, and make transcripts or copies of records and any other documents created
<br /> pursuant to this Agreement. Nothing herein shall convert such records into public
<br /> records, and they will be available only to City and any specified public agencies.
<br /> Consultant will allow inspection of all work, data, documents, proceedings, and activities
<br /> related to the Agreement for a period of three (3) years from the date of final payment
<br /> under this Agreement.
<br /> 14.2 For the purpose of determining compliance with Public Contract Code 10115, et
<br /> seq . and Title 21 , California Code of Regulations, Chapter 21 , Section 2500 et seq. ,
<br /> when applicable and other matters connected with the performance of the
<br /> Agreement=pursuant to Government Code Section 8546.7, Consultant, subcontractors,
<br /> and City shall maintain and make available for inspection all books, documents,
<br /> papers, accounting records, and other evidence pertaining to the performance of the
<br /> Agreement including but not limited to, the costs of administering the Agreement. All
<br /> parties shall make such materials available at their respective offices at all reasonable
<br /> times during the Agreement Term and for three (3) years from the date of final payment
<br /> under the Agreement. The State, State Auditor, City, FHWA, or any duly authorized
<br /> representative of the Federal Government shall have access to any books, records, and
<br /> documents of Consultant and its certified public accountants (CPA) work papers that
<br /> are pertinent to the Agreement and indirect cost rates (ICR) for audit, examinations,
<br /> excerpts, and transactions, and copies thereof shall be furnished if requested.
<br /> Subcontracts in excess of $25,000 shall contain this provision .
<br /> 15. Ownership of Documents, Data, Work Product. All work product produced by
<br /> Consultant or its agents, employees, and subcontractors pursuant to this Agreement is the
<br /> property of City.
<br /> 15. 1 Upon completion of all work under this Agreement, ownership and title to all
<br /> reports, documents, plans, specifications, and estimates produced as part of this
<br /> Agreement will automatically be vested in City; and no further agreement will be
<br /> necessary to transfer ownership to City. Consultant shall furnish City all necessary
<br /> copies of data needed to complete the review and approval process.
<br /> 15.2 It is understood and agreed that all calculations, drawings and specifications,
<br /> whether in hard copy or machine-readable form , are intended for one-time use in the
<br /> construction of the project for which this Agreement has been entered into.
<br /> 15.3 In the event this Agreement is terminated pursuant to Section 23 below, Consultant
<br /> will assemble all work product produced by Consultant or its agents, employees and
<br /> subcontractors pursuant to this Agreement and put it in order for proper filing and
<br /> closing and deliver it to City free of charge. Consultant will have the right to make one
<br /> (1 ) copy of the work product for Consultant's records.
<br /> 15.4 City shall not be limited , in any way, in the use of said material, at any time, for
<br /> work associated with the Scope of Work. However, Consultant shall not be responsible
<br /> ATTY/AGR/2016.053/CDM SMITH
<br /> REV: 03-22-16 JS
<br /> Page 6 of 18
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