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Agmt 2008 Group 4 Architecture Research + Planning Inc
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Agmt 2008 Group 4 Architecture Research + Planning Inc
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Last modified
9/22/2008 3:13:48 PM
Creation date
9/22/2008 3:12:02 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
9/15/2008
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PERM
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_CC Agenda 2008 0915
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2008\Packet 2008 0915
Reso 2008-117
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2008
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covered hereunder shall be the property of the City. Consultant hereby agrees to deliver <br />those documents to the City upon termination of the Agreement. It is understood and <br />agreed that the documents and other materials, including but not limited to those described <br />above, prepared pursuant to this Agreement are prepared specifically for the City and are <br />not necessarily suitable for any future or other use. City and Consultant agree that, until <br />final approval by City, all data, plans, specifications, reports and other documents are <br />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 />and/or 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 PROVISIONS. <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 entitled 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 action 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 specific 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 />CSA between City of San Leandro and Group 4 Architecture <br />San Leandro Senior Center -Phase 2 <br />Project No. 06-210-18-116 <br />Page 11 <br />
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