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<br />Non-Professional Services Agreement between Project No.: 3013.0240 <br />City of San Leandro and Jack Doheny Companies, Inc. Page 12 of 16 <br /> <br />8.6.1 Immediately terminate the Agreement; <br /> <br />8.6.2 Retain the plans, specifications, drawings, reports, design documents, and <br />any other work product prepared by Contractor pursuant to this <br />Agreement; <br /> <br />8.6.3 Retain a different contractor to complete the work described in Exhibit A <br />not finished by Contractor; or <br /> <br />8.6.4 Charge Contractor 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 Contractor pursuant to Section 2 if <br />Contractor had completed the work. <br /> <br />Section 9. KEEPING AND STATUS OF RECORDS <br /> <br />9.1 Records Created as Part of Contractor’s Performance All reports, data, maps, <br />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 Contractor prepares or obtains pursuant to this Agreement <br />and that relate to the matters covered hereunder shall be the property of the City. <br />Contractor hereby agrees to deliver those documents to the City upon termination <br />of the Agreement. It is understood and agreed that the documents and other <br />materials, including but not limited to those described above, prepared pursuant to <br />this Agreement are prepared specifically for the City and are not necessarily <br />suitable for any future or other use. City and Contractor agree that, until final <br />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 <br />of both Parties. <br /> <br />9.2 Contractor’s Books and Records Contractor 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 3 <br />years, or for any longer period required by law, from the date of final payment to <br />the Contractor to this Agreement. <br /> <br />9.3 Inspection and Audit of Records Any records or documents that Subsection 9.2 <br />of this Agreement requires Contractor 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 />$10,000.00, the Agreement shall be subject to the examination and audit of the <br />State Auditor, at the request of City or as part of any audit of the City, for a period <br />of 3 years after final payment under the Agreement.