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Agmt16 Fehr & Peers
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Agmt16 Fehr & Peers
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Last modified
10/8/2019 8:37:14 AM
Creation date
11/22/2016 1:39:56 PM
Metadata
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Template:
Agreement
Contractor Name
Fehr & Peers
PROJECT NAME
Citywide Transportation Plan
RMP File Number
304
Date
11/15/2016
MO Ref
16-207, 19-165
Amendment
Yes
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payment based upon the value of the work product delivered to City and the percentage <br /> of the services performed . <br /> 21 . Covenants against Contingent 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 <br /> upon , or resulting 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 liability, or, in its <br /> discretion , to deduct from the Agreement price or consideration , or otherwise recover, <br /> the full amount of the fee, commission , percentage, brokerage fees, gift, or contingent <br /> fee. <br /> 22 . Claims and Lawsuits. Consultant acknowledges that if a false claim is submitted <br /> to City by Consultant, it may be considered fraud and Consultant may be subject to <br /> criminal prosecution . Consultant acknowledges that California Government Code <br /> sections 12650 et seq. , the False Claims Act applies to this Agreement and , provides <br /> for civil penalties where a person knowingly submits a false claim to a public entity. <br /> These provisions include false claims made with deliberate ignorance of the false <br /> information or in reckless disregard of the truth or 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 Consultant 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 /> improvement for a period of up to five (5) years. Consultant acknowledges disbarment <br /> by another jurisdiction is grounds for City to terminate this Agreement. <br /> 23. Jurisdiction and Venue. Any action at law or in equity brought by either of the <br /> Parties for the purpose of enforcing a right or rights provided for by this Agreement will <br /> be tried in a court of competent jurisdiction in the County of San Mateo, State of <br /> California, and the Parties waive all provisions of law providing for a change of venue in <br /> these proceedings to any other county. <br /> 24. Successors and Assigns. It is mutually understood and agreed that this <br /> Agreement will be binding upon the Parties and their respective successors. Neither <br /> this Agreement nor any part of it nor any monies due or to become due under it may be <br /> assigned by Consultant without the prior consent of City, which will not be unreasonably <br /> withheld . <br /> 25. Paragraph Headings. Paragraph headings as used herein are for convenience <br /> only and will not be deemed to be a part of such paragraphs and will not be construed <br /> to change the meaning thereof. <br /> 26. Entire Agreement. This Agreement, together with any other written document <br /> referred to or contemplated by it, along with the purchase order for this Agreement and <br /> ATTY/AGR/2016.308/FEHR & PEERS CITYWIDE TRANSPORTATION PLAN <br /> REV: 11-03-16 VR <br /> Page 7 of 26 <br />
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