AgdaPkt 2005-05-09 - Laserfiche WebLink

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� i �- 9 Agreement. City will make the final determination a� to the portions of tasks completed and the compensation to be made. � - . 21. Covenants Aqainst ContinQent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee • working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have ths right to annul #his Agreement without liability, or, in its discretion, to deduct from thP Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. Claims And Lawsuits. �y signing this Agreement, Consultant agrees that any Agreem�nt claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that Califomia Govemment 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. These provisio.ns include false claims made with deliberate ignorance of the 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. Consultant acknowledges that th� filing of a false claim may subject Consultant to an administrative 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 five (5) years. Consultant acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. Jurisdiction and Venue. Any action at law or in equity brought by either of the Parties for the purpose of enforcing � right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the Counfiy of San Mateo, State of California, and the Pa�ties waive all provisions of law providing far a change of venue in these proceedings to any other county. z4. Successors and Assiqns. - It is mutually understood and agreed that this Agreement will be binding upon the Parties and their respective successors. Neither this Agreement no� any part of it nor any monies due or to become due under it may be assigned by Consultant without the prior consent of City, which. will not be unreasonably withheld. � 25. ParaQraph Headinqs. Paragraph headings as used herein are for convenience onty and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning thereof. Agreement over $10K 7 City Attomey Approved Version 111803