AgdaPkt 2012-05-21 - Laserfiche WebLink

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i 6.1. C. - Page 10 � i If City decides to abandan or postpone the wor�c or services contemplat�d by this ' Agreement, Ci#y may #erminate this Agreement upon written notice tv Consultant pursuant to the r�otice provisions of this Agreement. Termination will be effecti�� �mmediately upon notification. Eith�r Par#y upon tendering thirty (30) days written notice to the other party may terminate tY�is Agreement. ! ; Within 'ID days af termin�tian Consultant will assemble the work product without charge � and put it in order for proper filing and closing a�d deli�c�r ifi ta City. Consul�ant will #�e paid for work perfarmed up to the terminatior� date; however, the total wilf not exceed th� Icamp sum fee payable ur�der t�is Agreement. City will make a determinafio� of final payment based upon fihe value of the work product delivered to City and the percentage of the services p�rfarmed. ' 21. Co�en�nts A ainst Cor�tin ent Fees. Consultant warrants that Consultant has not employed or retained ar�y company or person, other than a bona fde employee working for Cansultant, to solicit or secure this Agreemen#, and that Consultan# has not paid or agreed ta pay any company ar person, other than a bona fide empioyee, any f�e, commissior�, percentage, brakerage fiee, gift, or any ather consideration contingent upon, or resulting from, the award qr malcing of this Agreement. For breach or �iola#ic�n �fi fhis w�r�anty, Ci�y will h�v� �he righ� fio �nnul ti�is Ag�eemer�t witi�ou� li�bility, o�, in its '�, discretion, to deduct from �he Agreement price or cansideration, or otherwis� reco�er, ! the full amo�nt of the fee, commission, p�rcentage, brokerage fe�s, gift, or con�ingent fe�. 22. Cl�ims And I�awsuits. Consultant acknowl�dges that if a#alse claim is submitted ; to City by Consultant, it may be cflns�der�d fraud and Consultant may be subject to crim�nal prosecution. Cansultant acknowletiges that Cafifornia Go�ernment Catie sections 1265U et seq., the False Glaims Act applies to this Agreement and, provi�es for ci�il penaltie� wher� a person knowingly submits a false ciaim to a public enti#y. ; �'hese pro�isions include false claims m�de with deliberat� ignorance of the f�lse information or in reckless disregard af the truth or falsity af information. Ifi City seeks to reco��r penalties pursuant to the Fals� Claims Ac#, Et is e�#itled to reco�er its litigation costs, including atto�ney's f��s. Consultant ac�nawledges that the �fing of a false claim may sub�ect Cansul#ant td an adminisfirafiive debarment praceeding as the result of wh}ch Consultant may be preuented to ac# as a Consulta�t on any public work or improuernent for � period of �p to fi�e (5) years. Consuitant acknowl�dges dis�arment by another jurisdic4ion is grounds far City to terminate this Agreement. 23. Jurisdiction and Venue. Any acti�n at N�w or in �quity brought by either of the P�rties for the purpos� of enforcing a right or �ights prawided for by this Agreement will be tried in a eaurt of competent jurisdiction in the Cou�ty of San Mateo, State of California, and the Parties wairre all provisions af law pro�iding for a change of �enue in these proceedings tn any other county, ATTYIACRI2012.0191FIF2E,STATS Page 7 of 9 REV:04-19-12 VR