Agmt14 LSA Associates, Inc. - Laserfiche WebLink

Browse Search

paid for work performed up to the termination date; however, the total will not exceed the lump sum fee payabl� under#his Agreement. City wil) make a determination of final payment based upan the value of the wark product delivered to City and the perc�ntage of the services performed. 21. Covenants aqainst Continqent Fees. Gc�nsultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee w�rking far Consultant, to soli�it or secure this Agreement, and that Consuitant h�s nat paid or agreed to pay any company or person, other than a bona frde employee, any fee, commission, percentage, brokerage fee, gift, ar any other consideration contingent upon, or resulting from, the award or making of this Agreement. F�r breach or via(atit�n of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, ta deduct from the Agreement price or cansiderationT or otherwise r�cover, fihe fulC amaunf of the fee, cc�mmission, percentage, brokerage fees, gift, or contingent fee. 22. Claims and (�awsuiis. Consultant acknowledges that if a false ciaim is submitted to City by Consultant, it may be considered fraud an�d Consultant may b� subject to criminal prosecution. Consultant acknc�wledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, prvvides for civil penal�i�s where a p�rsan knowingly submits a false claim ta � public entity. These provisi+�ns include fa1�e claims made with deliberate ignorance c►f the false information ar in reckless disregard af the truth or falsity af information. If Ci#y seeks to recove�r penalties pur-�uant ta th� False Claims Act, it is entitled to r�cover its litigation costs, including attorney's fees. �onsultant acknowledges that the filing of a false claim may sub1ect Consultant to �n administrative debarment proceeding as the result of which CQ�tsu(tant may be prevented to act as a Cansultant on any public Work or impravement for a peri�d of up to five (5) years. Consultant acknc►wledges disbarment by anather jurisdiction is grvunds for City tc► terminate this Agreem�nt. 23. Jurisdictir�n and Venue. Any actian at law or in equity brought by �ither of the Parties for #he purpase of enforcing a right ar rights prr�vided fa� by this Agreement wifl be tried in a c�urt of campetent jurisdiction in the County of San Matea, 5tate of California, and the Parties waive all provisions of law providing for a change of venue in these praceedings ta any other county. 24. Successors and Assigns. It is mutually understoad and agreed that this Agreem�nt will be binding upon the Parties and their respective staccessqrs, Neither this Agreement nor any part c�f it nor any manies due or to become due under it may be assigned by Consultant withQUt the prior consent ofi City, which will' not be unreasonab(y withheld. 25. Paragraph Headings. Paragraph headings as us+�� herein are for convenience only and will not be deemed fio be a part of suc[� paragraphs and will r�ot be canstrued ta change the meaning thereof. REV� 12-04-14 VR Page 7 of 11 ATTY/AGR.201�.2521�SA Assaciates. Inc. -MiddlefieldlWoodside Improvements