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<br />Consulting Services Agreement between City of San Leandro and June 30, 2024 <br />MNS Engineers, Inc. Page 11 of 15 <br />approval by City, all data, plans, specifications, reports and other documents are confidential <br />and will not be released to third parties without prior written consent of both Parties. <br /> <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 required <br />by law, from the date of final payment to the Consultant to this Agreement. <br /> <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 the <br />City. Under California Government Code Section 8546.7, if the a mount of public funds <br />expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the <br />examination and audit of the State Auditor, at the request of City or as part of any audit of <br />the City, for a period of 3 years after final payment under the Agreement. <br /> <br />Section 10. MISCELLANEOUS PROVISIONS. <br /> <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 party <br />shall be entitled to reasonable attorneys’ fees in addition to any other relief to w hich that <br />party may be entitled. The court may set such fees in the same action or in a separate action <br />brought for that purpose. <br /> <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 state <br />courts of California in the County of Alameda or in the United States District Court for the <br />Northern District of California. <br /> <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 /> <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 /> <br />10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of <br />and shall apply to and bind the successors and assigns of the Parties. <br /> <br />10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies <br />and other printed material on recycled paper to the extent it is available at equal or less cost <br />than virgin paper. <br />Docusign Envelope ID: 07DE00A7-2A8E-4697-BB06-4B32F2ABF8E5