Laserfiche WebLink
REV: 07-20-21 SK <br />or person, other than a bona fide employee, any fee, commission, percentage, brokerage <br />fee, gift, or any other consideration contingent upon, or resulting from, the award or <br />making of this Agreement. For breach or violation of this warranty, City will have the right <br />to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement <br />price or consideration, or otherwise recover, the full amount of the fee, commission, <br />percentage, brokerage fees, gift, or contingent fee. <br />23. Claims and Lawsuits. Program Administrator acknowledges that if a false claim is <br />submitted to City by Program Administrator, Program Administrator may be subject to <br />criminal prosecution for fraud. Program Administrator also acknowledges that California <br />Government Code sections 12650 et seq. (the False Claims Act), as amended, applies <br />to this Agreement and provides for civil penalties where a person knowingly submits a <br />false 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 recover its litigation costs, including attorney's fees. Program Administrator <br />acknowledges that the filing of a false claim may subject Program Administrator to an <br />administrative debarment proceeding. As a result of such proceeding, Program <br />Administrator may be prevented to act as a Program Administrator on any public work or <br />improvement for a period of up to five (5) years. Program Administrator acknowledges <br />that disbarment by another jurisdiction is grounds for City to terminate this Agreement. <br />24. 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 />25. Successors and Assigns. This Agreement will be binding upon the Parties and <br />their respective successors and assigns. Program Administrator may not assign this <br />Agreement, nor any part of it, nor any monies due or to become due under it without the <br />prior written consent of City, which City may withhold in its sole discretion. <br />26. 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 />27. 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 />28. Amendments. This Agreement may only be amended, modified, waived or <br />discharged in a writing signed by both Parties. <br />ATTY/AGR.2021.192/Lifemoves (RAPID REHOUSING PROGRAM ADMINISTRATOR) (Page 9 of 16)