8.6.1 Immediately terminate the Agreement;
<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 />8.6.3 Retain a different consultant to complete the work described in Exhibit A
<br />not finished by Consultant; or
<br />8.6.4 Charge Consultant the difference between the cost to complete the work
<br />described in Exhibit A that is unfinished at the time of breach and the
<br />amount that City would have paid Consultant pursuant to Section 2 if
<br />Consultant had completed the work.
<br />Section 9. KEEPING AND STATUS OF RECORDS.
<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 City.
<br />Ownership of work papers related to the audit, however, remain the property of
<br />Vavrinek, Trine, Day & Company. City retains right to inspect all work papers
<br />related to the work performed by Consultant and may also obtain copies for a fee.
<br />It is understood and agreed that the documents and other materials, including but
<br />not limited to those described above, prepared pursuant to this Agreement are
<br />prepared specifically for the City and are not necessarily suitable for any future or
<br />other use. City and Consultant agree that, until final approval by City, all data,
<br />plans, specifications, reports and other documents are confidential and will not be
<br />released to third parties without prior written consent of both parties.
<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 City under this Agreement for a minimum of three
<br />(3) years, or for any longer period required by law, from the date of final payment
<br />to the Consultant to this Agreement.
<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, and/or copying at any time during regular business hours, upon
<br />oral or written request of the City. Under California Government Code Section
<br />8546.7, if the amount of public funds expended under this Agreement exceeds
<br />TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to
<br />Consulting Services Agreement between 6/6/2005
<br />City of San Leandro and Vavrinek, Trine, Day & Co., LLP
<br />
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