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Agmt 2011 Maze & Associates
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Agmt 2011 Maze & Associates
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Last modified
7/8/2011 2:43:40 PM
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7/8/2011 2:43:39 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/1/2011
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PERM
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Reso 2011-112
(Approved by)
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\City Clerk\City Council\Resolutions\2011
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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 /> MAZE and Associates. City retains right to inspect all work papers related to the <br /> work performed by Consultant and may also obtain copies for a fee. It is <br /> understood and agreed that the documents and other materials, including but not <br /> 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 06/06/2011 <br /> City of San Leandro and MAZE and Associates Page 11 of 20 <br />
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