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6.1.B. - Page 9 lump sum fee payable under ti�is Agreement. City will make a determinatian of final payment based upon the �alue of the wark producf deliver�d to City and the percentage of the services pertormed. 21. Caver�ants aQainst Continqent Fees. Consuftant warrants that Consultan# has not employ�d or retained any campany ar person, ather than a bana fi�e employee workir�g for Consultant, ta so�icit or secure this Agreement, and that Consultar�t has not �aid or agreed to pay any c�mpany or person, other than a bona fide emplayee, any fee, commission, percentage, brokerage fee, gift, flr any other consideration contingen� upan, or resulting from, t�e award ar making af this Agreement. For breacF� or violation of this warrar�ty, City will have �he right to annul this Agreemer�t without liability, or, in its discret�on, #o deduct from the Agreement price or consideration, or otherwise reco�er, the f�ll amount of the fee, cammission, percentage, brokerage fees, gift, or contingent fee. 22. Claims and Lawsuits. Consultant acknowledges t?�at if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject ta crimina� pros�cution. Consultant acknowledges that Gali#ornia Gove�nmer�t Code sections 12fi50 et seq., the False Claims Act applies to this Agreement and, provides fior civil penalties where a person knowingly submits a false claim to a public entity. These pro�isions include false claims made with deliberate ignorance of the faise information ar in reckless disregard of the truth or falsify of information. lf Gity seeks ta recover penalties �ursuant #a the False Claims Act, it is entitled #o recover its litigatian costs, including attorney's fees. Consultant acknowledges that the filing of a false claim may subject Consultant to an administrati�e debarment proceeding as the result af which Consultant may be preventec! to act as a Consultant on any public work or improvement for a period af up to five (5) years. Cansuitant acknowledges disbarment by another jurisdiction is grounds far City to terminate this Agreement. 23. Jurisdiction and Ver�ue. Any action at law or in equity hrought by either of the Parties for the piarpose o#enforcir�g a right or rights provided for by tF�is Agreement will be tried in a court of competent jurisdiction in t�e County af San Mateo, S#ate of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings #o any other county. 2�4. Successors a�d Assians. It is mutually understovd and agreed t�at t�is Agreement wil! be binding upon the Parties and their respective successors. Neither this Agreement nor any part of it nor any monies due ar to become due under it may bE assigned by Cot�sultant without the prior consent of City, which wilf not be unreasonably withheld. 25, Paraarar�h HeadincLs. Paragraph headings as used herein are for con�enience only and will not be deemed to be a part of such paragraphs and wili r�ot be cons#rued to change the meaning thereof. 26. Entire Aqreement. This Agreement, togetner with any oth�r written documen# referred ta or contemplated by it, along with the purchase order far t�is Agreemant and its provisions, embody the en#ire Agreement and understanding between the parties relating ATTYlAGR/20�2.154124 HOUR CONTRACT 1 ATKINS iV4R�H AMERICA REV:d9-19-12 JS Paga 7 of 26