Agmt05 Bay Span, Inc. - Temporary Labor

Browse Search

21. Termination. In the event of the Bay Span's failure to deliver or provide the temporary labor, City may terminate this Agreement for nonperformance by notifying Bay Span in writing pursuant to the notice provisions of this Agreement. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Bay Span pursuant to the notice provisions of this Agreement. Termination will be effective immediately upon notification. Either Party upon tendering fourteen (14) days written notice to the other party may terminate this Agreement. Bay Span will be paid for work performed to the termination date; however, the total will not exceed the fee amount contained in Section 6 of this Agreement. 22. Covenants Aqainst ContinQent Fees. Bay Span warrants that Bay Span has not employed or retained any company or person, other than a bona fide employee working for Bay Span, to solicit or secure this Agreement, and that Bay Span has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. Claims And lawsuits. By signing this Agreement, Bay Span agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Bay Span acknowledges that if a false claim is submitted to City by Bay Span, it may be considered fraud and Bay Span may be subject to criminal prosecution. Bay Span acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Bay Span acknowledges that the filing of a false claim may subject Bay Span to an administrative debarment proceeding as the result of which Bay Span may be prevented to act as a Bay Span on any public work or improvement for a period of up to five (5) years. Bay Span acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. Jurisdiction and Venue. Any action at law or inequity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Mateo, State of California, and the Parties waive all provisions of law providing for a change of venue in Agreement over $10K City Attorney Approved Version 111803 7 ..-........ .--_....._....._----~".....-... o.