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Agmt14 Groundwater & Environmental Sevices, Inc.
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Agmt14 Groundwater & Environmental Sevices, Inc.
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Last modified
10/22/2014 4:42:44 PM
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10/22/2014 4:42:42 PM
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Agreement
Contractor Name
Groundwater & Environmental Sevices, Inc
PROJECT NAME
Groundwater Monitoring PCE plume area of Sequoia Station Shopping Center ECR & Jefferson
RMP File Number
304.5
Date
10/22/2014
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subcontractors and consultants have any ancillary real property, business interests or <br /> income that will be affected by this Agreement or, alternatively, that Consultant will file <br /> with City an affidavit disclosing this interest. <br /> 18. General Compliance with Laws. Consultant will keep fully informed of federal, <br /> state and local laws and ordinances and regulations which in any manner affect those <br /> employed by Consultant, or in any way affect the performance of the Services by <br /> Consultant. Consultant will at all times observe and comply with these laws, ordinances, <br /> and regulations and will be responsible for the compliance of Consultant's Services with <br /> all applicable laws, ordinances and regulations. <br /> 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 notifying <br /> 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 pursuant <br /> to the notice provisions of this Agreement. Termination will be effective immediately upon <br /> notification. <br /> Either Party upon tendering thirty (30) days written notice to the other party may terminate <br /> 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 the <br /> 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. <br /> 21. Covenants aqainst Continaent 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 upon, <br /> or resulting from, the award or making of this Agreement. For breach or violation of this <br /> 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, the <br /> full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. <br /> 22. Claims and Lawsuits. Consultant acknowledges that if a false claim is submitted to <br /> City by Consultant, it may be considered fraud and Consultant may be subject to criminal <br /> prosecution. Consultant acknowledges that California Government Code sections 12650 <br /> et seq., the False Claims Act applies to this Agreement and, provides for civil penalties <br /> where a person knowingly submits a false claim to a public entity. These provisions <br /> include false claims made with deliberate ignorance of the false information or in reckless <br /> ATTY/AGR/2014.174/GROUNDWATER&ENVIRONMENTAL SERVICES <br /> REV:10-7-14 MLG <br /> Page 6 of 12 <br />
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