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Agmt15 Bellecci & Associates
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Agmt15 Bellecci & Associates
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Last modified
12/27/2022 11:12:12 AM
Creation date
3/18/2015 12:34:11 PM
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Template:
Agreement
Contractor Name
Bellecci & Associates
PROJECT NAME
Civil Engineering for Middlefield Rd Underground Utility District - Joint Trench project
RMP File Number
304
Date
3/17/2015
MO Ref
15-029
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19. Discrimination and Harassment Prohibited. Consultant will camply with all <br /> applicable local, state and federal laws and regulations prohibiting discrimination and <br /> harassment. <br /> 20. Terminatio�. In the event of the Consultant's failure to prosecute, deliver, or <br /> perform the Seruices, City may terminate this Agreemenf for nonperFormance by <br /> notifying Consultant in writing pursuant ta the notice pravisions of this Agreement. <br /> If City decides ta 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 �otice provisions of this Agreement. Termination will be effective <br /> immediately upon notification. <br /> Either Party upon tendering thirty (30} days written notice ta the other party may <br /> terminate fhis 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 i# to City. Consultant will be <br /> paid for work performed up to the termination date; however, the #otaf will not exceed <br /> the [ump sum fee payable under#his Agreement. City will make a determination of final <br /> paymenY based upon the value of the work product delivered to City and the percentage <br /> of the services performed. <br /> 21. Covenants aqainst Continqent Fees. Consultant warrants that Consultant has <br /> not employed or retained any company or person, other than a bona fide employee <br /> working for Consultant, to solicit or secure this Agreement, and that Consuftant has not <br /> paid or agreed to pay any company or person, other than a bona fide emplayee, any <br /> fee, commission, percentage, brokerage fee, gift, or any other consideration contingent <br /> upon, or resulfing 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 liabili#y, or, in its <br /> discretion, to deduct from the Agreement price or consideration, ar otherwise recover, <br /> the full amount of the fee, cammission, percentage, brokerage fees, gift, or contingent <br /> fee. <br /> 22. Claims and Lawsuits. Consultant acknowledges tha# if a false claim is submitted <br /> to City by Consultanf, it may be considered fraud and Consultant may be subject to <br /> criminal prosecutican. Consultant acknowledges that Califurnia Govemment Code <br /> sectians 12650 et seq., #he False Claims Act applies to this Agreement and, provides <br /> for civil penalties where a person knovuingly submits a false claim to a public entity. <br /> These provisions include false claims made wifh deliberate ignorance of the false <br /> infarmafion or in reckless disregard of the truth ar falsity of information. If City seeks to <br /> recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation <br /> costs, including attorney's fees. Consultant acknowledges that the filing of a false claim <br /> may subject Cansultant to an administrative debarment proceeding as the result of <br /> which Consultant may be prevented to act as a Consultant on any public work or <br /> REV:02-24-15 VR <br /> Page T of 20 <br /> ATTY/AGR.2015.037/Bellecci&Associates-Middlefield UUD <br />
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