|
<br />Consulting Services Agreement between City of San Leandro and June 30, 2024
<br />Rise Housing Solutions, Inc. Page 12 of 16
<br />
<br />Section 9. KEEPING AND STATUS OF RECORDS.
<br />
<br />9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models,
<br />charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
<br />files, or any other documents or materials, in electronic or any other form, that Consultant
<br />prepares or obtains pursuant to this Agreement and that relate to the matters covered
<br />hereunder shall be the property of the City. Consultant hereby agrees to deliver those
<br />documents to the City upon termination of the Agreement. It is understood and agreed that
<br />the documents and other materials, including but not limited to those described above,
<br />prepared pursuant to this Agreement are prepared specifically for the City and are not
<br />necessarily suitable for any future or other use. City and Consultant agree that, until final
<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 />DocuSign Envelope ID: A825454A-12C4-43EC-8547-143D526A30A0
|