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8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
<br />other work product prepared by Contractor pursuant to this Agreement;
<br />8.6.3 Retain a different contractor to complete the work described in Exhibit A not
<br />finished by Contractor; or
<br />8.6.4 Charge Contractor the difference between the cost to complete the work described
<br />in Exhibit A that is unfinished at the time of breach and the amount that City would
<br />have paid 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,
<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 />Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
<br />covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
<br />those documents to the City upon termination of the Agreement. It is understood and
<br />agreed that the documents and other materials, including but not limited to those described
<br />above, prepared pursuant to this Agreement are prepared specifically for the City and are
<br />not necessarily suitable for any future or other use. City and Contractor agree that, until
<br />final 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 of both
<br />Parties.
<br />9.2 Contractor's Books and Records. Contractor 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 Contractor to this Agreement.
<br />9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
<br />Agreement requires Contractor 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 />Non -Professional Services Agreement between City of San Leandro and Pacheco Brothers Gardening, Inc.
<br />for Citywide Median Maintenance Services.
<br />Page 12 of 15
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