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Agmt15 Wells Fargo Bank
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Agmt15 Wells Fargo Bank
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Last modified
8/27/2015 10:18:12 AM
Creation date
8/27/2015 10:16:26 AM
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Agreement
Contractor Name
Wells Fargo Bank
PROJECT NAME
Banking and Cash Management Services
RMP File Number
304
Date
8/26/2015
MO Ref
15-141
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responsible for the compliance of Bank's Services with all applicable laws, ordinances <br /> and regulations to the extent they materially affect the performance of the Services by <br /> Bank. <br /> 13. Discrimination and Harassment Prohibited. Bank will comply with all applicable <br /> local, state and federal laws and regulations prohibiting discrimination and harassment. <br /> 14. Termination. In the event of the Bank's failure to prosecute, deliver, or perform <br /> the Services, City may terminate this Agreement for nonperformance by notifying Bank <br /> in writing pursuant to the notice provisions of this Agreement. <br /> If City decides to abandon or postpone the work or services contemplated by this <br /> Agreement, City may terminate this Agreement upon written notice to Bank pursuant to <br /> the notice provisions of this Agreement. Termination will be effective immediately upon <br /> notification. <br /> Either Party upon tendering thirty (30) days written notice to the other party may <br /> terminate this Agreement. <br /> Bank will be paid for work performed up to the termination date; however, the total will <br /> not exceed the lump sum fee payable under this Agreement. <br /> 15. Covenants aqainst Contingent Fees. Bank warrants that Bank has not employed <br /> or retained any company or person, other than a bona fide employee working for Bank, <br /> to solicit or secure this Agreement, and that Bank has not paid or agreed to pay any <br /> company or person, other than a bona �de employee, any fee, commission, percentage, <br /> brokerage fee, gift, or any other consideration contingent upon, or resulting from, the <br /> award or making of this Agreement. For breach or violation of this warranty, City will <br /> have the right to annul this Agreement without liability, or, in its discretion, to deduct <br /> from the Agreement price or consideration, or otherwise recover, the full amount of the <br /> fee, commission, percentage, brokerage fees, gift, or contingent fee. <br /> 16. Claims and Lawsuits. Bank acknowledges that if a false claim is submitted to City <br /> by Bank, it may be considered fraud and Bank may be subject to criminal prosecution. <br /> Bank acknowledges that California Government Code sections 12650 et seq., the False <br /> Claims Act applies to this Agreement and, provides for civil penalties where a person <br /> knowingly submits a false claim to a public entity. These provisions include false claims <br /> made with deliberate ignorance of the false information or in reckless disregard of the <br /> truth or falsity of information. If City seeks to recover penalties pursuant to the False <br /> Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Bank <br /> acknowledges that the filing of a false claim may subject Bank to an administrative <br /> debarment proceeding as the result of which Bank may be prevented to act as a Bank <br /> on any public work or improvement for a period of up to five (5) years. Bank <br /> acknowledges disbarment by another jurisdiction is grounds for City to terminate this <br /> Agreement. <br /> ATTY/AGR/2015.044/WELLS FAR�O BANK <br /> REV:04-03-15 MLG <br /> Page 5 of 8 <br />
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