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<br />Legal Services Agreement between City of San Leandro and Last revised 04/24/2021 <br />Bertrand, Fox, Elliot, Osman & Wenzel for Legal Representation Page 13 of 18 <br />8.6.2 Retain the plans, specifications, drawings, reports, design <br />documents, and any other work product prepared by Attorney <br />pursuant to this Agreement; <br /> <br />8.6.3 Retain a different Attorney to complete the work described in <br />Exhibit A not finished by Attorney; or <br /> <br />8.6.4 Charge Attorney the difference between the cost to complete the <br />work described in Exhibit A that is unfinished at the time of breach <br />and the amount that City would have paid Attorney pursuant to <br />Section 2 if Attorney had completed the work. <br /> <br />Section 9. KEEPING AND STATUS OF RECORDS. <br /> <br />9.1 Records Created as Part of Attorney’s Performance. All reports, data, <br />maps, models, charts, studies, surveys, photographs, memoranda, plans, <br />studies, specifications, records, files, or any other documents or materials, <br />in electronic or any other form, that Attorney prepares or obtains pursuant <br />to this Agreement and that relate to the matters covered hereunder shall <br />be the property of the City. Attorney hereby agrees to deliver those <br />documents to the City upon termination of the Agreement. It is <br />understood and agreed that the documents and other materials, including <br />but not limited to those described above, prepared pursuant to this <br />Agreement are prepared specifically for the City and are not necessarily <br />suitable for any future or other use. City and Attorney agree that, until final <br />approval by City, all data, plans, specifications, reports and other <br />documents are confidential and will not be released to third parties without <br />prior written consent of both Parties. <br /> <br />9.2 Attorney’s Books and Records. Attorney shall maintain any and all <br />ledgers, books of account, invoices, vouchers, canceled checks, and other <br />records or documents evidencing or relating to charges for services or <br />expenditures and disbursements charged to the City under this <br />Agreement for a minimum of 3 years, or for any longer period required by <br />law, from the date of final payment to the Attorney to this Agreement. <br /> <br />9.3 Inspection and Audit of Records. Any records or documents that <br />Subsection 9.2 of this Agreement requires Attorney to maintain shall be <br />made available for inspection, audit, and/or copying at any time during <br />regular business hours, upon oral or written request of the City. Under <br />California Government Code Section 8546.7, if the amount of public funds <br />expended under this Agreement exceeds $10,000.00, the Agreement shall <br />be subject to the examination and audit of the State Auditor, at the request <br />436