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Agmt13 Moore, Iacofano, Goltsman, Inc.
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Agmt13 Moore, Iacofano, Goltsman, Inc.
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Last modified
10/27/2016 4:47:57 PM
Creation date
2/19/2013 9:26:38 AM
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Template:
Agreement
Contractor Name
Moore, Iacofano, Goltsman, Inc.
PROJECT NAME
On call Environmental Consulting services for Projects within the Downtown Precise Plan.
RMP File Number
304
Date
2/14/2013
MO Ref
13-036, 14-178, 15-180, 16-199
Amendment
Yes
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18. General Compliance with Laws. Consultant will keep fully informed of <br /> federal, state and local laws and ordinances and regulations which in any manner <br /> affect those employed by Consultant, or in any way affect the performance of the <br /> Services by Consultant. Consultant will at all times observe and comply with these <br /> laws, ordinances, and regulations and will be responsible for the compliance of <br /> Consultant's Services with all applicable laws, ordinances and regulations. <br /> 19. Discrimination and Harassment Prohibited. Consultant will comply with all <br /> applicable local, state and federal laws and regulations prohibiting discrimination <br /> and harassment. <br /> 20. Termination. In the event of the Consultant's failure to prosecute, deliver, or <br /> perform the Services, City may terminate this Agreement for nonperformance by <br /> notifying Consultant in writing pursuant to the notice provisions of this Agreement. <br /> If City decides to 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 notice provisions of this Agreement. Termination will be effective <br /> immediately upon notification. <br /> Either Party upon tendering thirty (30) days written notice to the other party may <br /> terminate this Agreement. <br /> Within 10 days of termination Consultant will assemble the work product without <br /> charge and put it in order for proper filing and closing and deliver it to City. <br /> Consultant will be paid for work performed up to the termination date; however, the <br /> total will not exceed the lump sum fee payable under this Agreement. City will <br /> make a determination of final payment based upon the value of the work product <br /> delivered to City and the percentage of the services perFormed. <br /> 21. Covenants aqainst Continqent Fees. Consultant warrants that Consultant <br /> has not employed or retained any company or person, other than a bona fide <br /> employee working for Consultant, to solicit or secure this Agreement, and that <br /> Consultant has not paid or agreed to pay any company or person, other than a <br /> bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any <br /> other consideration contingent upon, or resulting from, the award or making of this <br /> Agreement. For breach or violation of this warranty, City will have the right to <br /> annul this Agreement without liability, or, in its discretion, to deduct from the <br /> Agreement price or consideration, or otherwise recover, the full amount of the fee, <br /> commission, percentage, brokerage fees, gift, or contingent fee. <br /> 22. Claims and Lawsuits. Consultant acknowledges that if a false claim is <br /> submitted to City by Consultant, it may be considered fraud and Consultant may be <br /> subject to criminal prosecution. Consultant acknowledges that California <br /> Government Code sections 12650 et seq., the False Claims Act applies to this <br /> Agreement and, provides for civil penalties where a person knowingly submits a <br /> false claim to a public entity. These provisions include false claims made with <br /> deliberate ignorance of the false information or in reckless disregard of the truth or <br /> ATTY/AG R/2013.017/M I G <br /> REV:02-05-13 VR <br /> Page 7 of 12 <br />
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