AgdaPkt 2019-10-14 Joint SA PFA - Laserfiche WebLink

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6.E. - Page 11 of 27 payment based upon the value of the work product delivered to City and the percentage of the services performed. 21. Covenants Against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant 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, 22. _Claims And lawsuits, Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant maybe subject to criminal prosecution. Consultant acknowledges that California Government Code sections 126501 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 of falsity of information, if City seeks to recover penalties pursuant to the False Claims Aot, it is entitled to recover its litigation ousts, Including attorney's fees. Consultant acknowledges that the filing of a false claim may subject Consultant to an administrative debarment proceeding es the result -of which Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five (6) years. Consultant acknowledges disbarment by another jurisdiction is grounds for City to terminate this Agreement. 23. ,lurisdictlan and Venn e. Any action at law or in equity 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 these proceedings to any'other county. 24. Successors and -Assigns. 1t is mutually understood and agreed that this Agreement will be binding upon the Parties and their respective successors. Neither this Agreement nor any part of it rior any monies due or to become due under it may be assigned by Consultant without the prior consent of City, which will not be unreasonably withheld. 25. Paragraph Meadia s. Paragraph headings as used herein are for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning thereof. 26. Entire A reement. This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order and any other attachment or exhibit. Neither this Agreement nor any of its REV. 07-2419 RL Page B of 34 ATTYIAGR.2019.2071LPA, Inc. 176