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Agmt18 Bob Murray & Associates
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Agmt18 Bob Murray & Associates
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Last modified
8/20/2018 1:24:44 PM
Creation date
7/9/2018 5:11:01 PM
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Agreement
Contractor Name
Bob Murray & Associates
PROJECT NAME
H.R. Manager Recruiment
RMP File Number
304.5
Date
6/11/2018
Amendment
Yes
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commission, percentage, brokerage fee, gift, or any other consideration contingent upon, <br /> or resulting from, the award or making of this Agreement. For breach or violation of this <br /> warranty, City will have the right to annul this Agreement without liability, or, in its <br /> discretion , to deduct from the Agreement price or consideration , or otherwise recover, the <br /> full amount of the fee, commission , percentage, brokerage fees, gift, or contingent fee. <br /> 22. Claims and Lawsuits. Consultant acknowledges that if a false claim is submitted <br /> to City by Consultant, it may be considered fraud and Consultant may be subject to <br /> criminal prosecution . Consultant acknowledges that California Government Code <br /> sections 12650 et seq. , the False Claims Act applies to this Agreement and, provides for <br /> civil penalties where a person knowingly submits a false claim to a public entity. These <br /> provisions include false claims made with deliberate ignorance of the false information or <br /> in reckless disregard of the truth or falsity of information . If City seeks to recover penalties <br /> pursuant to the False Claims Act, it is entitled to recover its litigation costs, including <br /> attorney's fees. Consultant acknowledges that the filing of a false claim may subject <br /> Consultant to an administrative debarment proceeding as the result of which Consultant <br /> may be prevented to act as a Consultant on any public work or improvement for a period <br /> of up to five (5) years. Consultant acknowledges disbarment by another jurisdiction is <br /> grounds for City to terminate this Agreement. <br /> 23 . Jurisdiction and Venue . Any action at law or in equity brought by either of the <br /> Parties for the purpose of enforcing a right or rights provided for by this Agreement will <br /> be tried in a court of competent jurisdiction in the County of San Mateo, State of California, <br /> and the Parties waive all provisions of law providing for a change of venue in these <br /> proceedings to any other county. <br /> 24. Successors and Assigns. It is mutually understood and agreed that this Agreement <br /> will be binding upon the Parties and their respective successors. Neither this Agreement <br /> nor any part of it nor any monies due or to become due under it may be assigned by <br /> Consultant without the prior consent of City, which will not be unreasonably withheld. <br /> 25 . Paragraph Headings. Paragraph headings as used herein are for convenience <br /> only and will not be deemed to be a part of such paragraphs and will not be construed to <br /> change the meaning thereof. <br /> 26. Entire Agreement. This Agreement, together with any other written document <br /> referred to or contemplated by it, along with the purchase order for this Agreement and <br /> its provisions, embody the entire Agreement and understanding between the parties <br /> relating to the subject matter of it. In case of conflict, the terms of the Agreement <br /> supersede the purchase order and any other attachment or exhibit. Neither this <br /> Agreement nor any of its provisions may be amended, modified , waived or discharged <br /> except in a writing signed by both parties. <br /> ATTY/AGR/2018.123/PSA BOB MURRAY — HR MANAGER RECRUITER <br /> REV: 06-11-18 MI <br /> Page 7 of 11 <br />
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