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affected employees, agents, or subcontractors will complete and file with the City Clerk those
<br /> schedules specified by City and contained in the Statement of Economic Interests Form 700.
<br /> IPS, for IPS and on behalf of IPS's agents, employees, subcontractors and consultants warrants
<br /> that by execution of this Agreement, that they have no interest, present or contemplated, in
<br /> the projects affected by this Agreement. IPS further warrants that neither IPS, nor IPS's
<br /> agents, employees, subcontractors and consultants have any ancillary real property, business
<br /> interests or income that will be affected by this Agreement, or, alternatively, that IPS will file
<br /> with the City an affidavit disclosing this interest
<br /> 15.17. Ownership of Material. Any reports and other material prepared by or on behalf of IPS under
<br /> this Agreement (collectively, the "Documents") shall be and remain the property of IPS. City
<br /> may request copies of such Documents, and to the extent IPS agrees to provide copies of such
<br /> Documents, they may be used by City and its agents, employees, representatives, and assigns,
<br /> in whole or in part, or in modified form, for all purposes City may deem appropriate without
<br /> further employment of or payment of any compensation to IPS.
<br /> 15.18. Documents. If applicable, IPS shall deliver to the City, on request of the City Manager, copies
<br /> of all original papers, documents and any other materials, in electronic or any other form,
<br /> prepared by IPS pursuant to this Agreement.
<br /> 15.19. Licenses. If a license of any kind, which term is intended to include evidence of registration, is
<br /> required of IPS, its employees, agents or subcontractors by federal, state, or local law, IPS
<br /> warrants that such Iicense has been obtained, is valid and in good standing, and IPS shall, at
<br /> its sole cost and expense, keep any such license in effect at all times during the term of this
<br /> Agreement, and that any applicable bond has been posted in accordance with all applicable
<br /> laws and regulations.
<br /> 15.20. Covenants Against Contingent Fees. IPS warrants that IPS has not employed or retained any
<br /> company or person, other than a bona fide employee working for IPS, to solicit or secure this
<br /> Agreement, and that IPS has not paid or agreed to pay any company or person, other than a
<br /> bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
<br /> consideration contingent upon, or resulting from, the award or making of this Agreement For
<br /> breach or violation of this warranty, City will have the right to annul this Agreement without
<br /> liability, or, in its discretion, to deduct from the Agreement price or consideration, or
<br /> otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or
<br /> contingent fee.
<br /> 15.21. False Claims. IPS acknowledges that if a false claim is knowingly submitted to City by IPS, it
<br /> may be considered fraud and IPS may be subject to criminal prosecution. IPS acknowledges
<br /> that California Government Code sections 12650 et seq., the False Claims Act applies to this
<br /> Agreement and, provides for civil penalties where a person knowingly submits a false claim to
<br /> a public entity. These provisions include false claims made with deliberate ignorance of the
<br /> false information or in reckless disregard of the truth or falsity of information. If City seeks to
<br /> recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs,
<br /> including attorney's fees. IPS acknowledges that the filing of a false claim may subject IPS to
<br /> an administrative debarment proceeding as the result of which IPS may be prevented to act as
<br /> REV: 05-05-16 JS
<br /> Page 13 of 177
<br /> ATTY/AGR.2016.094/IPS Group
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