Laserfiche WebLink
7 <br /> <br />Under California Government Code Section 8546.7, if the amount of public funds expended under this <br />Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State <br />Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment <br />under the Agreement. <br /> <br />12. WORK PRODUCT/PRE-EXISTING WORK PRODUCT OF CONTRACTOR: <br /> <br />Any and all work product resulting from this Contract is commissioned by the City as work for hire. The City <br />shall be considered, for all purposes, the author of the work product and shall have all rights of authorship to <br />the work, including, but not limited to, the exclusive right to use, publish, reproduce, copy and make derivative <br />use of, the work product or otherwise grant others limited rights to use the work product. <br /> <br />To the extent Contractor incorporates into the work product any pre -existing work product owned by <br />Contractor, Contractor hereby acknowledges and agrees that ownership of such work product shall be <br />transferred to City. <br /> <br />13. TERMINATION: <br /> <br />A. If the Contractor fails to provide in any manner the services required under this Contract or otherwise <br />fails to comply with the terms of this Contract or violates any ordinance, regulation or other law which <br />applies to its performance herein, the City may terminate this Contract by giving five (5) calendar days <br />written notice to the party involved. <br /> <br />B. The Contractor shall be excused for failure to perform services herein if such services are prevented <br />by acts of God, strikes, labor disputes or other forces over which the Contractor has no control. <br /> <br />C. Either party hereto may terminate this Contract for any reason by giving thirty (30) calendar days <br />written notice to the other Parties. Notice of termination shall be by written notice to the other Parties <br />and be sent by registered mail. <br /> <br />D. In the event of termination not the fault of the Contractor, the Contractor shall be paid for services <br />performed to the date of termination in accordance with the terms of this Agreement so long as proof <br />of required insurance is provided for the periods covered in the Contract or Amendment(s). City, <br />however, may condition payment of such compensation upon Contractor delivering to City any or all <br />documents, photographs, computer software, video and audio tapes, and other materials pr ovided to <br />Contractor or prepared by or for Contractor or the City in connection with this Agreement. <br />14. APPROPRIATIONS <br /> <br />The City's performance and obligation to pay under this Contract is contingent upon an annual appropriation <br />by the City of San Leandro, the State of California or other third party. Should the funds not be appropriated, <br />City may terminate this Contract with respect to those payments for which such funds are not appropriated. <br />City will give Contractor thirty (30) days written notice of such termination. All obligations of City to make <br />payments after the termination date will cease. <br />DocuSign Envelope ID: C1BEC7AE-5DE9-4462-B82D-2CCCFD5A9C7F