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9.1 Records Created as Part of Attorney's P e rforma nce . All reports, data, maps, <br />models, charts, studies, surveys, photographs, memoranda, plans,, studies, specifications, <br />records, files, or any other documents or materials, in electronic or any other form, that <br />Attorney prepares or obtains pursuant to this Agreement and that relate to the matters <br />covered hereunder shall be the property of the City. Attorney hereby agrees to deliver <br />those documents to the,City upon termination of the Agreement. It is understood and <br />agreed <br />that the documents and other materials, including but not limited to those described above, <br />prepared pursuant to this Agreement are prepared specifically for the City and are not <br />necessarily suitable for any future or other use.. <br />9.2 Attorney's Books a nd Records . Attorney shall maintain any and all ledgers, books of <br />account, invoices, vouchers, canceled checks, and other records or documents evidencing <br />or relating to charges for services or expenditures and disbursements charged to the City <br />under this Agreement for a minimum of 3 years, or for any longer period required by law, <br />from the date of final payment to Attorney. <br />9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this <br />Agreement requires Attorney 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 Attorne y s ' Fe es . If a party to this Agreement brings any action, including an action <br />for 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 />Consulting Services Agreement between June 25, 2013 <br />City of San Leandro and Bertrand, Fox, and Elliot Page 11 of 13 <br />