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8D Consent 2010 0607
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8D Consent 2010 0607
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Last modified
6/4/2010 9:49:19 AM
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6/4/2010 9:49:18 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/7/2010
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_CC Agenda 2010 0607
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2010\Packet 2010 0607
Reso 2010-062
(Reference)
Path:
\City Clerk\City Council\Resolutions\2010
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8.6.1 Immediately terminate the Agreement; <br />8.6.2 Reserved; <br />8.6.3 Retain a different Contractor to complete the work described in Exhibit A not finished by <br />Contractor, or <br />8.6.4 Charge Contractor the difference between the cost to complete the work described in <br />Exhibfi A that is unfinished at the time of breach and the amount that City would have paid <br />Contractor pursuant to Section 2 if Contractor had completed the work. <br />Section 9. KEEPING AND STATUS OF RECORDS. <br />9.1 Records Created as Part of Contractor's Performance. All reports, data, maps, models, charts, <br />studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any <br />other documents or materials, in electronic or any other form, that Contractor prepares or obtains <br />pursuant to this Agreement and that relate to the matters covered hereunder shall be the property <br />of the City. Contractor hereby agrees to deliver those documents to the City upon termination of <br />the Agreement. 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 prepared <br />specifically for the City and are not necessarily suithble for any future or other use. City and <br />Contractor agree that, until final approval by City, all data, plans, specifications, reports and other <br />documents are confidential and will not be released to third parties without prior written consent of <br />both parties. <br />9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books of <br />account, invoices, vouchers, canceled checks, and other records or documents evidencing or <br />relating to charges for services or expenditures and disbursements charged to the City under this <br />Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final <br />payment to the Contractor to this Agreement. <br />9.3 Insaection and Audit of Records. Any records or documents that Section 9.2 of this Agreement <br />requires Contractor to maintain shall ~ made available for inspection, audit, and/or copying at any <br />time during regular business hours, upon oral or written request of the City. Under Califomia <br />Government Code Section 8546.7, if the amount of public funds expended under this Agreement <br />exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State <br />Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final <br />payment under the Agreement. <br />Section 10. MISCELLANEOUS PROVISIONS. <br />10.1 Attorneys' Fees. If a party to this Agreement bangs any action, including an action for declaratory <br />relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to <br />reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The <br />court may set such fees in the same action or in a separate action brought for that purpose. <br />10.2 Venue. In the event that either party brings any action against the other under this Agreement, <br />the parties agree that trial of such action shall be vested exclusively in the state courts of Califomia <br />in the County of Alameda or in the United States District Court for the Northern District of <br />Califomia. <br />NPSA 50103 -Citywide Landscape -Sycamore Landscaping Page 8 of 25 <br />
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