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4-9.3 Sufficiency of Insurer or Surety <br />Insurance or bonds required by this Agreement shall be satisfactory only <br />if issued by companies qualified to do business in California, rated "A" or better in <br />the most recent edition of Best Rating Guide, The Key Rating Guide or in the <br />Federal Register, and only if they are of a financial category Class VII or better, <br />unless such requirements are waived by the Risk Manager of the CITY due to <br />unique circumstances. In the event the Risk Manager of CITY ("Risk Manager") <br />determines that the work or services to be performed under this Agreement <br />creates an increased or decreased risk of loss to the CITY, the CONSULTANT <br />agrees that the minimum limits of the insurance policies and the performance <br />bond required by this Section 4-9.0 may be changed accordingly upon receipt of <br />written notice from the Risk Manager; provided that the CONSULTANT shall <br />have the right to appeal a determination of increased coverage by the Risk <br />Manager to the CITY Council of CITY within 10 days of receipt of notice from the <br />Risk Manager. <br />4-10.0 RECORDS AND REPORTS <br />4-10.1 Reports <br />CONSULTANT shall periodically prepare and submit to the Contract <br />Officer such reports concerning the performance of the services required by this <br />Agreement as the Contract Officer shall require. <br />4-10.2 Records <br />CONSULTANT shall keep, and require subcontractors to keep, such <br />books and records as shall be necessary to perform the services required by this <br />Agreement and enable the Contract Officer to evaluate the performance of such <br />services. The Contract Officer shall have full and free access to such books and <br />records at all times during normal business hours of CITY, including the right to <br />inspect, copy, audit and make records and transcripts from such records. Such <br />records shall be maintained for a period of three (3) years following completion of <br />the services hereunder, and the CITY shall have access to such records in the <br />event any audit is required. <br />4-10.3 Non -Disclosure of Proprietary Information <br />(a) In performing its duties under this Agreement, CONSULTANT will <br />produce reports, technical information and other compilations of data to CITY. <br />These reports, technical information and compilations of data are derived by <br />CONSULTANT using methodologies, formulae, programs, techniques and other <br />processes designed and developed by CONSULTANT at a substantial expense. <br />CONSULTANT'S reports, technical information, compilations of data, <br />methodologies, formulae, software, programs, techniques and other processes <br />designed and developed by CONSULTANT shall be referred to as Proprietary <br />Information. CONSULTANT'S Proprietary Information is not generally known by <br />the entities with which CONSULTANT competes. <br />12 <br />25B-18 <br />