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Agmt20 Brian Baker
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Agmt20 Brian Baker
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Last modified
3/23/2020 11:27:49 AM
Creation date
3/23/2020 11:13:26 AM
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Agreement
Contractor Name
Brian Baker
PROJECT NAME
Work Life balance speaker
RMP File Number
304.5
Date
2/26/2020
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Consultant also acknowledges that California Government Code sections 12650 et seq. <br />(the False Claims Act), as amended, applies to this Agreement and provides for civil <br />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 a result of such proceeding, <br />Consultant may be prevented to act as a Consultant on any public work or improvement <br />for a period of up to five (5) years. Consultant acknowledges that disbarment by another <br />jurisdiction is grounds for City to terminate this Agreement. <br />22. 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 />The Parties waive all provisions of law providing for a change of venue in these <br />proceedings to any other county. <br />23. Successors and Assigns. This Agreement will be binding upon the Parties and <br />their respective successors and assigns. Consultant may not assign this Agreement, nor <br />any part of it, nor any monies due or to become due under it without the prior written <br />consent of City, which City may withhold in its sole discretion. <br />24. Paragraph Headings. Headings in this Agreement are for convenience only and <br />are not part of any provision in this Agreement. No heading will be construed to change <br />the meaning of any provision. <br />25. Entire Agreement: Conflicts. This Agreement, together with any other written <br />document referred to or contemplated by it, along with any purchase order or task order <br />for this Agreement, embodies the entire Agreement and understanding between the <br />parties relating to the subject matter of it. In case of conflict, the terms of the Agreement <br />supersede any purchase order or task order and any other attachment or exhibit. <br />26. Amendments. This Agreement may only be amended, modified, waived or <br />discharged in a writing signed by both Parties. <br />27. Authority. The individuals executing this Agreement and the instruments <br />referenced in it on behalf of Consultant each represent and warrant that they have the <br />legal power, right and actual authority to bind Consultant to the terms and conditions of <br />this Agreement. <br />REV: 02-26-2020 PR <br />(Signature Page Follows) <br />ATY/AGR.2020.040/Brian Baker (Page 8 of 10) <br />
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