Laserfiche WebLink
<br />federal, state and local laws and ordinances and regulations which in any manner affect <br />those employed by Special Counsel, or in any way affect the performance of the <br />Services by Special Counsel. Special Counsel will at all times observe and comply with <br />these laws, ordinances, and regulations and will be responsible for the compliance of <br />Special Counsel's Services with all applicable laws, ordinances and regulations. <br /> <br />21. Discrimination and Harassment Prohibited. Special Counsel will comply with <br />all applicable local, state and federal laws and regulations prohibiting discrimination and <br />harassment. <br /> <br />22. Termination. The City may terminate this Agreement upon written notice to <br />Special Counsel pursuant to the notice provisions of this Agreement. Termination will <br />be effective immediately upon notification. In this event and upon request of City, <br />Special Counsel will assemble the work product and put it in order for proper filing and <br />closing and deliver it to City. Special Counsel will be paid for work performed to the <br />termination date and the reasonable cost of assembling, ordering and delivering the <br />work product; however, the total will not exceed the lump sum fee payable under this <br />Agreement. City in its sole discretion will make the final determination as to the portions <br />of tasks completed and the compensation to be made. <br /> <br />23. Covenants AQainst ContinQent Fees. Special Counsel warrants that Special <br />Counsel has not employed or retained any company or person, other than a bona fide <br />employee working for Special Counsel, to solicit or secure this Agreement, and that <br />Special Counsel 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 <br />Agreement. For breach or violation of this warranty, City will have the right to annul this <br />Agreement without liability, or, in its discretion, to deduct from the Agreement price or <br />consideration, or otherwise recover, the full amount of the fee, commission, percentage, <br />brokerage fees, gift, or contingent fee. <br /> <br />24. Claims and Lawsuits. By signing this Agreement, Special Counsel agrees <br />that any Agreement claim submitted to City must be asserted as part of the Agreement <br />process as set forth in this Agreement and not in anticipation of litigation or in <br />conjunction with litigation. Special Counsel acknowledges that if a false claim is <br />submitted to City by Special Counsel, it may be considered fraud and Special Counsel <br />may be subject to criminal prosecution. Special Counsel acknowledges that California <br />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 <br />claim to a public entity. These provisions include false claims made with deliberate <br />ignorance of the false information or in reckless disregard of the truth or falsity of <br />information. If City seeks to recover penalties pursuant to the False Claims Act, it is <br />entitled to seek to recover its litigation costs, including attorney's fees. Special Counsel <br />acknowledges that the filing of a false claim may subject Special Counsel to an <br />administrative debarment proceeding as the result of which Special Counsel may be <br />prevented to act as a Special Counsel on any public work or improvement for a period <br />of up to five (5) years. <br /> <br />Atty/Agr/2006.018 <br />050206 <br /> <br />7 <br />