AgdaPkt 2011-12-12 - Laserfiche WebLink

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6.1. C. - Page 11 paid for work perFormed up to the termination date; hawe�er, the total will nat exceed the lump sum fee payable under this Agreement. City will make a determinatior� of final paym�nt based upon the �alu� of the work product delive�ed to City and t�e percentage af ti�e services perfarmed. 21. Co�enants Aqainst Contir�qent Fees. Consultant warrar�ts that Consultant has nat employed or retained any compar�y or person, o�her than a bona fide emp[oyee work�ng for Consultant, to solicit or secure this Agreement, ancf that Consultant has not paid ar agreed to pay a�y company or person, other than a bor�a fide employee, any fee, commission, percentage, brokerage fee, gift, or any ather consideration contingent upon, or resulting from, the award or making o# this Agreement. For breac� or violatian af this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or ofherwise recover, the fuil amourt� of the #ee, cammissian, percentage, brokerage fees, gift, or con#ingent �ee. 22. Claims Artd Lawsuits. Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Cor�sultant may be subject to criminal prosecution. Consuitant acknow�edges that California Go�ernmen# Cade sections 12650 ef seq., the F'alse Claims Act applies to this Agreement and, pro�ides . for civil pet�alties where a person knowingly s�bmits a false elaim to a public. en�ity. . These pro�isions include false claims made with deli�erate ignorance of the false informatior� or in recfcless disregard af the truth or falsity of information. If City seeks to recover penalties pursuar�t to the False Claims Act, it is entitled to reco�er its fitigation costs, ir�cludir�g attorney's fees. Cor�sultant acknowledges that the filing of a false claim may subject Consultant to an administrative debarment proceadir�g as the result of � vuhich Consul�ant may b� prevented to act as a Consultant on any public work or impro�emer�t for a period of up to fve (5) years. Consultant acknawledges disbarment by another jurisdiction is grounds for City to terminate this Agreement. 23. Jurisdiction and Venue. Any actian at 1aw ar i� equity brought by either of the Parties for fhe pur�ose of enforcing a right or rights pro�ided for by this Agreement will �e tried in a court of competent jurisdiction in the County of San Mateo, State of California, and the Pa�ties waive all pra�isions of law pro�iding for a change of �enue in these praceedings to any other co�nty. 24. 5uccessors and Assiqns. It is mut�ally understoad and agreed that this Agreemer�t wifl be binding upon the Parties and their respecti�e successars. Neither this Agreement nor a�y par� o# it nor any monies due or to become due under it may be assigne� by Consultant withaut the prior consent of Ci#y, which will not be unreasonably withheld. 25. Paraaraph Headinqs. Paragraph headings as used herein are far can�enience only and will not be deemed to be a part of such paragraphs and wil! not be cor�strued to change the meaning th�r�of. ATTYIAGR12�11.1281 BelEecci 70794 REV: 'l't11611'] Page 8 of 14