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Agmt16 Teri Black and Company, LLC
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Agmt16 Teri Black and Company, LLC
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Last modified
3/30/2016 10:16:42 AM
Creation date
3/30/2016 10:16:40 AM
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Agreement
Contractor Name
Teri Black and Company, LLC
PROJECT NAME
Recruitment services for Assistant City Manager and Deputy City Manager
RMP File Number
304.5
Date
3/30/2016
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22. Cl�ims and Lawsui#s. Consultant acknowledges that if a false claim is submi#ted <br /> to City by Consultant, it may be considered fraud and Consultant may be subject to <br /> criminal prosecutian. Consul#ant acknowledges that California Government Code <br /> sectians 92650 et seq., the False Ckaims Act applies to this Agreement and, provides <br /> for eivil penalties where a person knowingly submits a false claim to a public entity. <br /> These provisions inciude false claims made with deliberate ignorance of the false <br /> information or in reckless disregard of the truth or falsity of information. If City seeks to <br /> recover penalties pursuant to #he False Cfaims Act, it is entitled to recover its litigation <br /> costs, including attomey's fees. Consultant acknowledges that the fifing of a false claim <br /> may subject Consultant to an administrative debarment proceeding as the result of � <br /> which Consultant may be prevented to act as a Consultant on any public wark ar <br /> improvemen# fiar a period af up to five {5) years. Consultant acknawledges disbarment <br /> by another jurisdiction is grounds for City ta terminate this Agreement. <br /> 23. Jurisdiction and Venue. Any action at law or in equity brought by either of #he <br /> Parties for the purpose of enforcing a right or rights provided for by this Agreemen# will <br /> be tried in a court of competent jurisdictian in the Caunty of San Mateo, State of <br /> California, and the Parties waive all provisions of law providing far a change of venue in <br /> these proceedings to any other county. <br /> 24, Successors and Assigns. It is mutually understood and agreed that this <br /> Agreemen# will be binding up�n the Parties and their respective successors. Neither <br /> this Agreement nvr any part of it nor any monies dus or to become due under it may be <br /> assigned by Consultant without the prior consent of Ci#y, which will not be unreasonably <br /> withheld. <br /> 25. Paraqraph Headinqs. Paragraph headings as used herein are for convenience <br /> only and will nat be deemed to be a part of such paragraphs and wil! not be canstrued <br /> to change the meaning thereof. <br /> 26. Entire Aqreement. This Agr�ement, together with any other written document <br /> referred ta or contemplated by it, along with the purchase order for this Agreement and <br /> its provisions, embody #he entire Agreement and understanding between the parties <br /> relating to the subject matter of it. In case of conflict, the terms of the Agreernent <br /> supersede the purchase order and any other attac�ment or exhibit. Neither this <br /> Agreement nor any of its provisions may be amended, modified, waived ar �lischarged <br /> except in a writing signed by both parties. <br /> 27. Authoritv. The individuals executing #his Agreement and the instruments <br /> referenced in it on behalf of Consuitant each represent and warrant tha# they have #he <br /> legal power, right and actual authority to bind Consultant to the terms and condit'rons af <br /> this Agreement. <br /> (Signature Page Fo1/owsJ <br /> REV:03-22-16 RL <br /> Page 7 of 9 <br /> ATTYlAGR.2016.056JTeri Black&Company, LLC <br />
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