Agmt16 Dyett & Bhatia - Laserfiche WebLink

Browse Search

paid for work performed up to the termination date; however, the totai will not exceed the lump sum fee payable under this Agreement. City will make a determination of final payment based upon the value of the work product delivered to City and the percentage of the services performed. 21. Covenants aqainst Continqent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commissian, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, o�, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the fuli amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. Claims and Lawsuits. Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consu[tant may be subject to criminal prosecution. Consultant acknawledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a pubiic entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penafties pursuant to the False Claims Act, it is entitled to recaver its litigation costs, including attomey's fees. ConsuEtant acknowledges that the filing of a false claim may subject Consultant to an administrative debarment proceeding as the result of which Consultant may be prevented to act as a Consultant on any public wark or improvement for a period of up to five (5} years. Consultant acknowledges disbarment by another jurisdiction is grounds for City to terminate this Agreement. 23. Jurisdictian and Venue. Any action at law ar in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement wilf be tried in a court of competent jurisdiction in the County of San Mateo, State of California, and the Parties waive all provisions of law praviding for a change of venue in these proceedings to any other county. 24. Successors and Assigns. It is mutually understood and agreed that this Agreement will be binding upon the Parties and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Consultant without the prior consent of City, which will not be unreasonably withheld. 25. Paragraph Headings. Paragraph headings as used herein are for convenience anly and will not be deemed to be a part of such paragraphs and will not be canstrued to change the meaning thereof. REV:08-12-15 VR Page 7 of 21 ATTYlAGR.2015.164fProfessiona� Services Agreement with Dyett& Bhatia