AgdaPkt 2009-08-10 - Laserfiche WebLink

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6.1 C Page 9 Either Pa�ty upon tendering thirty �30} days written notice to the other party may terminate this Agreement. In this evenfi and upon request of City, Consultan# will assemble the work product without charge and put it in order for proper filing and closing and deliver it to Ci#y. Cvnsu��ant will be p��d for work performed to the termination da�e; however, the total will not exceed the (ump sum fee payable under this Agreement. City will make the final determination as to the portions of#asks completed and the compensation to be made. 21. Covenants Agains# Continqent Fees. Consultant warrants that Consultan� has not employed or retained any company or person, other than a bana �ide employee working for Consultant, to solicit or secure this Agreernenfi, and that Consultant has not paid ar agreed ta pay any company or �erson, other than a bona fde employee, an�► �ee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resuiting from, the award or making of this Agreement. For breach or �iolation of this warranty, City wi�l have the right to annul this Agreement without liability, or, in ifis discretion, to deduct from the Agreement price or considerafiion, or otherwise recover, . the full amounf of the fee, commission, percentage, brokerage fees, gifit, or contingent fee. 22. Claims And �awsuits. By signing this Agreement, Consultant agrees that any Agreemenf claim subrr�itted to City must be asserted a� part of #he Agreement process as set forth in this Agreement and not in anticipation of li�igation or in conjunction with lit�gat�on. Consuftant acknowiedges that if a false cfaim is submitted fio City by Cansuitant, it may be considered fraud and Consul�ant may be subjec� to criminal prosecution. Consultant acknowledges that California Government Code sections �265� e� seq., the False Claims Act applies #o this Agreement and, provides for ci�il penalties where a person know�ngly submits a faise claim �o a pubiic entity. These provisions include false ciaims made wifih deliberate ignorance of the false information or in reckless disregard of �he ��uth or falsi#y vf information. �f City seeks to recover penalties pursuant �o the False Claims Act, it is en#ifiled fio recover its litigation costs, including attorney's fees. Consultant acknowiedges that the fiiing of a false claim may subject Consulfiant to an administra#ive debarment proceeding as 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 fi�e (5} years. Consul#ant acknowledges debarment by another jurisdiction is grounds for �ity#o terminate this Agreement. 23. Jurisdiction and Venue. Any action at iaw or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided tor by this Agreemenfi will be tried in a court o� competent jurisdiction in the County of San Nfateo, State of California, and the Parties wai�e all provisions of !aw pro�iding for a change of venue in these proceedings to any other county. 2�. Successors and Assiqns. !t is mutually understood and agreed that fihis Agreement will be binding upon the Parties and their respective successors. Neither this Agreemenf nor any part of it nor any monies due or fio become due under it may be assigned by Consultant without th� prior consent of City, which wi11 not be unreasonably ATTYIAGR/2009.035 7 D730Q9