Laserfiche WebLink
payment based upon the value of the work product delivered to City and the percentage <br /> of the services performed. <br /> 21. Covenants aQainst Continqent Fees. Consultant warrants that Consultant has not <br /> employed or retained any company or person, other than a bona fide employee working <br /> for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or <br /> agreed to pay any company or person, other than a bona fide employee, any fee, <br /> commission, percentage, brokerage fee, gift, or any other consideration contingent upon, <br /> or resulting from, the award or making of this Agreement. For breach or violation of this <br /> warranty, City will have the right to annul this Agreement without liability, or, in its <br /> discretion, to deduct from the Agreement price or consideration, or otherwise recover, the <br /> full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. <br /> 22. Claims and Lawsuits. Consultant acknowledges that if a false claim is submitted <br /> to City by Consultant, it may be considered fraud and Consultant may be subject to <br /> criminal prosecution. Consultant acknowledges that California Government Code <br /> sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for <br /> civil penalties where a person knowingly submits a false claim to a public entity. These <br /> provisions include false claims made with deliberate ignorance of the false information or <br /> in reckless disregard of the t�uth or falsity of information. If City seeks to recover penalties <br /> pursuant to the False Claims Act, it is entitled to recover its litigation costs, including <br /> attorney's fees. Consultant acknowledges that the filing of a false claim may subject <br /> Consultant to an administrative debarment proceeding as the result of which Consultant <br /> may be prevented to act as a Consultant on any public work or improvement for a period <br /> of up to five (5) years. Consultant acknowledges disbarment by another jurisdiction is <br /> grounds for City to terminate this Agreement. <br /> 23. Jurisdiction and Venue. Any action at law or in equity brought by either of the <br /> Parties for the purpose of enforcing a right or rights provided for by this Agreement will <br /> be tried in a court of competent jurisdiction in the County of San Mateo, State of California, <br /> and the Parties waive all provisions of law providing for a change of venue in these <br /> proceedings to any other county. <br /> 24. Successors and Assiqns. It is mutually understood and agreed that this <br /> Agreement will be binding upon the Parties and their respective successors. Neither this <br /> Agreement nor any part of it nor any monies due or to become due under it may be <br /> assigned by Consultant without the prior consent of City, which will not be unreasonably <br /> withheld. <br /> 25. Paraqraph Headings. Paragraph headings as used herein are for convenience <br /> only and will not be deemed to be a part of such paragraphs and will not be construed to <br /> change the meaning thereof. <br /> 26. Entire Aqreement. This Agreement, together with any other written document <br /> referred to or contemplated by it, along with the purchase order for this Agreement and <br /> its provisions, embody the entire Agreement and understanding between the parties <br /> REV: 01-13-15 VR <br /> ATTY/AGR2015.0071TJKM On Call <br /> 7 <br />