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I incurred, less any disputed amounts, pending resolution thereof and an Authorization of Change in Services form executed by the Consultant and the City. ARTICLE 5 CONSULTANT'S RECORDS 5.1 All expense records of Consultant will be kept on a recognized accounting basis acceptable to the City and will be available to the City at mutually convenient times. 5.2 The City, its auditors, federal auditors, and state agencies that have monitoring or auditing responsibilities for this Agreement will have access to any books, documents, papers and records of the Consultant which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, copying and transcriptions. 5.3 The Consultant will furnish to the City at such time and in such form as the City may require, financial statements including audited financial statements, records, reports, data and information, as the City may request pertaining to the matters covered by this Agreement. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS I 6.1 All documents prepared by Consultant in connection with this Agreement will become the property of the City whether any project related to this Agreement is executed or not. City agrees such documents are not intended or represented to be suitable for reuse for another project by City or others. Any such reuse by City or those who obtained said documents from City without written verification or adaptation by the Consultant will be without liability or legal exposure to the Consultant. 6.2 The Consultant will retain all of its records and supporting documentation relating to this Agreement, and not delivered to the City, for a period of three years except in the event that the Consultant goes out of business during that period, it will turn over, to the City, all of its records relating to the Project for retention by the City. ARTICLE 7 TERM OF AGREEMENT 7.1 This Agreement is an annual commitment that begins on the effective date established in the first paragraph will end upon termination as provided under Sections 7.2 or 7.3 below. 7.2 This Agreement may be terminated by either party upon 15 days prior written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. I 7.3 This Agreement may be terminated at will by the City upon at least 15 days prior written notice to the Consultant. David Bisett Contract.doc 5