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Contractors and Consultants then due, less such costs and expenses as City and <br /> Agency may incur on account of the Developer's failure to perform. <br /> 9. RECORDS <br /> Until the Streetscape Improvements are finally accepted by the City, the <br /> Developer shall maintain proper and detailed books of record and account for the <br /> Services and all costs related thereto, and shall require the Contractors and Consultants <br /> to do so. The Developer covenants that such accounting books will be maintained in <br /> accordance with generally accepted accounting principles. Developer shall permit City, <br /> Agency and their authorized representatives to inspect, examine and copy Developer's <br /> books, records, accounts, and any and all data relevant to this Agreement at any <br /> reasonable time for the purpose of auditing and verifying statements, invoices, or bills <br /> submitted by Developer pursuant to this Agreement and shall provide such assistance <br /> as may be reasonably required in the course of such inspection. City and Agency <br /> further reserve the right to examine and re-examine said books, records, accounts, and <br /> data during the three (3) year period following the termination of this Agreement; and <br /> Developer shall in no event dispose of, destroy, alter, or mutilate said books, records, <br /> accounts, and data in any manner whatever for three (3) years after completion of the <br /> Services or the termination of this Agreement, which ever occurs later. Pursuant to <br /> California Government Code Section 8546.7 the parties to this Agreement shall be <br /> subject to the examination and audit of representative of the Auditor General of the <br /> State of California for a period of three (3) years after final payment under the <br /> Agreement. The examination and audit shall be confined to those matters connected <br /> with the perFormance of this Agreement including, but not limited to, the cost of <br /> administering the Agreement. <br /> 10. SECURITY. Developer shall cause Wentz Group to furnish to City and Agency, <br /> and file with the City Clerk and Agency Secretary, a bond to guaranty the faithful <br /> perFormance of the Streetscape Improvements and Street Modifications and a separate <br /> bond to secure payment of the claims of laborers, mechanics, and material suppliers <br /> employed under the contract. Both bonds shall be in an amount equal to at the not-to <br /> Exceed Streetscape Cost and the payment bond shall contain all provisions required by <br /> law to be included in such bond forms, including the requirements of Civil Code <br /> 14 <br /> 840847v8 33786/0001 <br />