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Agmt 2008 Skyline Engineering Inc (2)
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Agmt 2008 Skyline Engineering Inc (2)
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7/25/2008 9:20:22 AM
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7/25/2008 9:20:22 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/21/2008
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Reso 2008-088
(Approved by)
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\City Clerk\City Council\Resolutions\2008
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confidential and will not be released to third parties without prior written consent of both <br />parties. <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 Section 9.2 of this <br />Agreement requires Consultant to maintain shall be made available for inspection, audit, <br />andlor 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 />Section 10 MISCELLANEOUS PROVISIQNS. <br />10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for <br />declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing <br />party shall be entifJed to reasonable attorneys' fees in addition to any other relief to which <br />that party may be entitled. The court may set such fees in the same action or in a <br />separate action brought for that purpose. <br />10.2 Venue. In the event that either party brings any acton against the other under this <br />Agreement, the parties agree that trial of such action shall be vested exclusively in the <br />state courts of California in the County of Alameda or in the United States District Court for <br />the Northern District of California. <br />10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this <br />Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so <br />adjudged shall remain in full force and effect. The invalidity in whole or in part of any <br />provision of this Agreement shall not void or affect the validity of any other provision of this <br />Agreement. <br />10.4 No Implied Waiver of Breach. The waiver of any breach of a specfic provision of this <br />Agreement does not constitute a waiver of any other breach of that term or any other term <br />of this Agreement. <br />10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of <br />and shall apply to and bind the successors and assigns of the parties. <br />Consulting Services Agreement between June 19th, 2008 <br />City of San Leandro and Skyline Engineering Page 11 <br />
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