Agmt21 E & M Electric and Machinery, Inc.

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REV: 11-30-21 RL complaining party shall notify JAMS and request selection of an arbitrator in accordance with the Rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as a court would have for the particular claim(s) asserted. In no event shall the arbitrator award punitive damages of any kind. The parties acknowledge that one of the purposes of utilizing arbitration is to avoid lengthy and expensive discovery and allow for prompt resolution of the dispute. The arbitrator shall have the power to limit or deny a request for documents or a deposition if the arbitrator determines that the request exceeds those matters, which are directly relevant to the claims in controversy. The document demand and response shall conform to Code of Civil Procedure section 1282.6. The deposition notice shall conform to Code of Civil Procedure section 1283. The parties may make a motion for protective order or motion to compel before the arbitrator with regard to the discovery, as provided in Code of Civil Procedure. Notwithstanding the election by the parties to arbitrate their disputes, nothing contained herein shall prevent a party from filing an action in a court of competent jurisdiction to seek any form of equitable remedy or relief. 28. Discrimination and Harassment Prohibited. Provider will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 29. Conflict of Interest. If disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Provider or any Provider personnel, Provider and/or affected Provider personnel will complete and file with the City Clerk the schedules specified by City and contained in the Statement of Economic Interests Form 700. Provider, for Provider and on behalf of Provider personnel, warrants that they have no interest, present or contemplated, in the projects affected by this Agreement. Provider further warrants that neither Provider nor any Provider personnel have any ancillary real property, business interests, or income that will be affected by this Agreement or, alternatively, that Provider will file an affidavit with City disclosing this interest. 30. Claims and Lawsuits. Provider acknowledges that if Provider submits a false claim to City, Provider may be subject to criminal prosecution for fraud. Provider also acknowledges that California Government Code sections 12650 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. This includes false claims made with deliberate ignorance of false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Provider acknowledges that filing a false claim may subject Provider to an administrative disbarment proceeding. As a result of such proceeding, Provider may be prevented from act as a Provider on any public work or improvement for a period of up to five (5) years. Provider acknowledges that disbarment by another jurisdiction is grounds for City to terminate this Agreement. 31. Notices. The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Provider under this Agreement are as follows: For City: City of Redwood City Attention: Public Works Superintendent, Water 1400 Broadway Redwood City, CA 94063 (650) 780- 7464 ATTY/AGR.2021.312/E&M Electric and Machinery, Inc. (AVEVA Wonderware Flex Subscription) (Page 8 of 51)