|
<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 />and Exhibit B not finished by Consultant.
<br />
<br />Section 9. KEEPING AND STATUS OF RECORDS.
<br />
<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
<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
<br />Agency. Consultant hereby agrees to deliver those documents to the Agency
<br />upon tennination of the Agreement. It is understood and agreed that the
<br />documents and other materials, including but not limited to those described
<br />above, prepared pursuant to this Agreement are prepared specifically for the
<br />Agency and are not necessarily suitable for any future or other use. Agency and
<br />Consultant agree that, until final approval by Agency, all data, plans,
<br />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 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 Agency under this Agreement for a minimum of
<br />three (3) years, or for any longer period required by law, from the date of final
<br />payment to the Consultant to this Agreement.
<br />
<br />9.3 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, andlor copying at any time during regular business hours, upon
<br />oral or written request of the Agency. Under California Government Code
<br />Section 8546.7, if the amount of public funds expended under this Agreement
<br />exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be
<br />subject to the examination and audit of the State Auditor, at the request of Agency
<br />or as part of any audit of the Agency, for a period of three (3) years after final
<br />payment under the Agreement.
<br />
<br />Section 10 MISCELLANEOUS PROVISIONS.
<br />
<br />10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an
<br />action for declaratory relief, to enforce or interpret the provision of this
<br />Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in
<br />
<br />Consulting Services Agreement between
<br />Redevelopment Agency of the City of San Leandro and Main Street Property Services
<br />
<br />February 1, 2007
<br />
<br />Page 11 of23
<br />
|