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ATTY/AGR/2016.053/CDM SMITH
<br />REV: 03-22-16 JS
<br />Page 6 of 18
<br />14. Maintenance of Records; Retention of Records; Audit.
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<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.
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<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.
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<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.
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<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.
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<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.
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<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.
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<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 />6.1.B. - Page 8
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