Agmt15 David J. Powers & Associates, Inc.

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Within 'k0 days of termination Consultant wiil assembfe the work product without charge and put it in 4rder far proper filing and ckc�sing and deiiver it to City. Corrsultant wifl be paid for work performed up to the terminatic�n date; hawever, the total will not e�cceed the lump sum fee payable under this Agreement. City will m�ke a determinatian of final payment based upon the value vf the work prc�duct d�liv�r�d tc� City and the percentage of the services performed. 2�. Cov�nants Aqainst Cantinqent Fees. Consultant warrants that Cansu{tant has not employe� ar retairted any company or person, other than a bona �de empioyee working for Cor�sultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or persan, ather t�an a bona fide employee, any fee, commissian, percentage, brokerage fee, gift, or any other cansideration contingent upon, or resulting fram, the award or making af this Agre�ment. For breach ar vialation af this warranty, City will have the right t�r annul this Agreement withaut liability, or, in its discretion, to deduct from the Rgreement price tar consideratiQn, or otherwise recover, the ful4 amaunt of the fee, commissian, percenta�e, brakerage fees, gift, or contingent fee. 22. �laims And Lawsuits. Consuiiant acknowledges that if a false ctaim is submitte� tfl City by Consultant, it rnay be cansidered fraud and Cansultant may be su�ject to crirninal pro��cutic�n. C�,nsultant acknowledges that California Government Code sectians 12650 et seq., the False Claims Act applies tc� this Agreement and, provides for civil penalties where a person knawingly submits a false claim to a public entity. These provisians include false claims made with defiberate ignarance of the false informatian or in reckless disregard of the truth ar €alsity of informatir�n. If City seeks tc� recc,ver penalties pursuant to the Fa6ss Claims Act, it is entitled to recover its Iiti�atioR costs, including afitc�rney's fees. Consultant acknowledges that the filing af a fialss claim may sub�ect Consultant to an administratiue debarment proceeding as the result 4f which Cansultant may be prevented to act as a Gonsultant an any public work or improvement far a period of up to five {5) years. Consultan# acknowledges disbarment by anather jurisdictian is grounds for City to terminate this Agreement. A11 claims and disputes arising unde� or relating to this Agreement are to be sett4ed by binding arbitration in the state of Califomia. An award of arbitration may be confirmed in a caurt of competent jurisdictic�n. 23. Jurisdiction and Venue. Any action at law or in equity brought by either of the Parties for the purpose of enfarcing a right or rights provided for by this Agreemerrt will kae tried in a court of competsnk jurisdiction in the County of San Mateo, State of Cali#ornia, and the Parties waive alk provisions af {aw prvviding fc�r a change of venue in these proceedings tv any other county. 24. Successc�rs and Assigns. It is mutually understood and agreed that this Agreement will be binding upan the Parties and their respective successors. Neither this Agre�ment nor any part of it nflr any monies du� or ta become due under it may be assigrred by Gc�nsultant withaut the prior consent af City, WF1'ICII WiI� flOt f�� Ut1f�e�SQ�}a�I}f REV:Q9-09-15 MLG Page 7 of 12 ATTY/AGR.2Q15.216/C}avid J. Po�+ders &Associates