Agmt15 ENGEO Incorporated - Laserfiche WebLink

Browse Search

� � � � . � paid for work performed up to #he termination date; however, the totaJ wilt not exceed the lump sum fee payable under this Agreement. City wiil make a determination of finai � payment based upon the value of the work product delivered to City and the percen#age � of the senrices pertorrtied. � f i t 29. Clovenants aaainst Conting nt Fees. Consultant represents that Consultan# has not employed or retained any company or person, other than a bona fide employee , � worlcing for Consultant, to solieit or secure this Agreement, and that Consultant has not ; paiti or agreed to pay any company or persan, other than a bona fide employee, any ; fee, commission, percenfage, brokerage fee, gift, or any other consideration �ntingen# � upon, or resu�ing from, the award or making of this Agreement. For breach or violation { of this representation� C�ty will have the right to annul this Agreement without liabiliiy, or, ir� its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percen#age, brokerage fees, gift, or contingen#fee. � 3 22. Claims and Lawsui#s. Consultant acknowtedges fhat if a false claim is submit#ed � to City by Consultant, it may be cons�dered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that Califomia Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knawingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of fhe false information ar in �ciciess disre9acd of the tn�th or falsity of infarmation. !f City seeks to a recaver penalties pursuant to the False Claims Act, it is entitled tv re�ver its titigation ' costs, including attorney's fees. Consultant acknowledges that the fili�g of a faise claim ' may subject Consu{tant to an administrative debarment proceeding as the resutt of which Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five (5) yeacs. Consultant acknowledges disbarment by another jurisdiction is grounds for City to terminate this Ag�eemeM. 23. Jurisdiction an�Venue. Any action at law or in equity brought by either of the j Parties for the pucpose of enforcing a right or rights provided for by this l�qreement will � be tried in a caurt of competent jurisdiction in the County of San Mateo, State of ; Ca!ifornia, and the Parties waive alt provisions of law providing for a change of venue in ' these proceedings to any other county. 3 24. Successors and Assisms. It is mutua{ly understood and agreed that this � Agreemen# wiA be binding upon the Parties and their respective successors. Neither this�gre�ment�nor any part of it nor any monies due or�ta became due under it may be } assigned by Consultant without the prior consent of City, which will not be untoeasonably � withheld. � � 25. Paragraah Headings. Parag�aph headings as used herein are for convenience ; oniy and will not be deemed #o be a part of such paragraphs and will not be cvnstrued ? to chaRge the meaning thereof. � k t 7 A'ITY/AGii/2015.003/ENGEO AGREEMENT � REV:OS•08-2015 MLG 7 s � E � �