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Agmt13 MuniServices, LLC
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Agmt13 MuniServices, LLC
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Last modified
7/21/2014 2:14:51 PM
Creation date
6/27/2013 10:19:38 AM
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Agreement
Contractor Name
MuniServices, LLC
PROJECT NAME
Utility Users Tax Compliance and Revenue Protection Program
RMP File Number
304.5
Date
6/25/2013
Amendment
Yes
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19. Discrimination and Harassment Prohibited. Consultant will comply with all <br /> applicable local, state and federal laws and regulations prohibiting discrimination and <br /> harassment. <br /> 20. Termination. In the event of the Consultant's failure to prosecute, deliver, or <br /> perform the Services, City may terminate this Agreement for nonperformance by <br /> notifying Consultant in writing pursuant to the notice provisions of this Agreement. <br /> If City decides to abandon or postpone the work or services contemplated by this <br /> Agreement, City may terminate this Agreement upon written notice to Consultant <br /> pursuant to the notice provisions of this Agreement. Termination will be effective <br /> immediately upon notification. <br /> Either Party upon tendering thirty (30) days written notice to the other party may <br /> terminate this Agreement. <br /> Within 10 days of termination Consultant will assemble the work product without charge <br /> and put it in order for proper filing and closing and deliver it to City. Consultant will be <br /> paid for work performed up to the termination date; however, the total will not exceed <br /> the lump sum fee payable under this Agreement. City will make a determination of final <br /> payment based upon the value of the work product delivered to City and the percentage <br /> of the services performed. Notwithstanding termination of this Agreement for any <br /> reason, because Consultant's Services performed prior to termination may result in <br /> City's receipt of revenue after termination which are subject to Consultant's fee in <br /> accordance with Exhibit A, City shall remain obligated after termination to provide to <br /> Consultant such information as is necessary for Consultant to calculate the <br /> compensation due as a result of this receipt of revenue by City and City shall remain <br /> obligated to pay Consultant's invoices therefore in accordance with the terms of this <br /> Agreement. However, the total compensation paid to Consultant shall not exceed the <br /> amount of$60,000. <br /> 21. Covenants aqainst Continqent Fees. Consultant warrants that Consultant has not <br /> employed or retained any company or person, other than a bona fide employee working <br /> for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or <br /> agreed to pay any company or person, other than a bona fide employee, any fee, <br /> commission, percentage, brokerage fee, gift, or any other consideration contingent <br /> upon, or resulting from, the award or making of this Agreement. For breach or violation <br /> of this warranty, City will have the right to annul this Agreement without liability, or, in its <br /> discretion, to deduct from the Agreement price or consideration, or otherwise recover, <br /> the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent <br /> fee. <br /> 22. Claims and Lawsuits. Consultant acknowledges that if a false claim is submitted <br /> to City by Consultant, it may be considered fraud and Consultant may be subject to <br /> criminal prosecution. Consultant acknowledges that California Government Code <br /> sections 12650 et seq., the False Claims Act applies to this Agreement and, provides <br /> ATTY/AGR/2013.094/MUNI SERVICES(UUT) <br /> REV:06-04-13 MLG <br /> Page 7 of 19 <br />
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