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<br />Consulting Services Agreement between City of San Leandro and Last revised: 10/30/2023
<br />VACCEB for Senior Services Page 12 of 16
<br />9.1 Records Created as Part of Consultant’s Performance. All final versions of reports,
<br />data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies,
<br />specifications, records, files, or any other documents or materials, in electronic or any
<br />other form, that Consultant prepares or obtains pursuant to this Agreement and that relate
<br />to the matters covered hereunder shall be the property of the City. Consultant hereby
<br />agrees to deliver those documents to the City upon termination of the Agreement and City
<br />may use, reuse, or otherwise dispose of the documents without Consultant’s permission .
<br />It is understood and agreed that the documents and other materials, including but not
<br />limited to those described above, prepared pursuant to this Agreeme nt are prepared
<br />specifically for the City and are not necessarily suitable for any future or other use. City
<br />and Consultant agree that, until final approval by City, all data, plans, specifications,
<br />reports and other documents are confidential drafts and will not be released to third parties
<br />without prior written consent of both Parties.
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<br />9.2 Consultant’s Books and Records. Consultant 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 Consultant to this Agreement .
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<br />9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
<br />Agreement requires Consultant 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 paymen t under the Agreement.
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<br />Section 10. MISCELLANEOUS PROVISIONS.
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<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 />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.
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<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.
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<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 an y
<br />provision of this Agreement shall not void or affect the validity of any other provision of this
<br />Agreement.
<br />DocuSign Envelope ID: 7F0FE7E4-3236-45CE-A478-4F1720762616
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