Agmt24 Kim Lundgren Associates, Inc. dba KLA

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REV: 11-22-24 MI 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. 31. Discrimination and Harassment Prohibited. Provider will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 32. 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. 33. 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. 34. 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 Director 1400 Broadway Redwood City, CA 94063 For Provider: Kim Lundgren Associates, Inc. Attention: Kim Lundgren Barrows, CEO One Boston Place, Suite 2600 Boston, MA 02108 Phone: (617) 820-8038 Email: kim@kimlundgreassociates.com Except as otherwise stated, all notices provided under this Agreement must be in writing and will be deemed delivered on receipt as follows: (i) in person; (ii) via commercial overnight courier; or (iii) via electronic mail as long as receipt of the electronic mail is confirmed by the recipient via return electronic mail. Each party will notify the other immediately of any changes to the above addresses. (Signature page follows) ATTY/AGR.2024.220/Kim Lundgren Associates, Inc (KLA) (Climate Dashboard) (Page 12 of 22)