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Agmt 2014 The Planning Center DC&E
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Agmt 2014 The Planning Center DC&E
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3/26/2014 1:22:50 PM
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3/26/2014 1:22:44 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
3/3/2014
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PERM
Document Relationships
Agmt 2015 The Planning Center DC&E (Placeworks)
(Amended by)
Path:
\City Clerk\City Council\Agreements\2015
Agmt 2017 Amend No. 4 The Planning Center DC&E (Placeworks)
(Amended by)
Path:
\City Clerk\City Council\Agreements\2017
Reso 2014-022
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2014
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immediately notify the City of the request or subpoena for such information and <br /> immediately deliver via facsimile or email any legal documents supporting the demand for <br /> said information. <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 Subsection 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 /> 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 March 3, 2014 <br /> City of San Leandro and The Planning Center I DC&E Page 12 of 16 <br />
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