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<br />Non-Professional Services Agreement between 4/4/2025
<br />City of San Leandro and McNabb Construction, Inc.
<br /> Page 15 of 19
<br />8.6.5 No remedy mentioned in this Agreement is intended to be exclusive of any other
<br />right, power, or remedy permitted by law. Neither the failure nor any delay on the
<br />part of the City to exercise any such rights and remedies shall operate as a waiver
<br />thereof, not shall any single or partial exercise by the City of any such right or
<br />remedy preclude any other or further exercise of any such right or remedy.
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<br />Section 9. KEEPING AND STATUS OF RECORDS.
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<br />9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps,
<br />models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
<br />records, files, or any other documents or materials, in electronic or any other form, that
<br />Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
<br />covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
<br />those documents to the City upon termination of the Agreement and City may use, reuse,
<br />or otherwise dispose of the documents without Contractor’s permisio. It is understood and
<br />agreed that the documents and other materials, including but not limited to those described
<br />above, prepared pursuant to this Agreement are prepared specifically for the City and are
<br />not necessarily suitable for any future or other use. City and Contractor agree that, until
<br />final approval by City, all data, plans, specifications, reports and other documents are
<br />confidential and will not be released to third parties without prior written consent of both
<br />Parties.
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<br />9.2 Contractor’s Books and Records. Contractor 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 Contractor to this Agreement. All
<br />such records shall be maintained in accordance with generally accepted accounting
<br />principles and shall be clearly identified and readily accessible.
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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 Contractor 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 payment under the Agreement.
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<br />9.4 Proprietary Information. Not Applicable.
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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 />Docusign Envelope ID: 250C6666-4E03-4A0D-AC6D-4D325B551A8B
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