Agmt15 KITCHELL/CEM, INC. - Laserfiche WebLink

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21. Termination. In the event of' the Consultant's failure to prosecute, deliver, or perForm the 5ervices, City may terminate this Agreement for nonperFormance by notifying Consultant in writing pursuant to the notice provisions of this Agreement. If City' decides to abandon or postpone the work or services contemplated' by fhis Agreement, Gity may #erminate this Agreement upon written n+�tice to Consultant pursuant to the notice provisiQns of this Agreement. Termination will be effective immediately upon notification. ' Either Party' upon' tendering thirty (30) days written notice to the other party may terminate this Agreement. Within 10 days'of termination Consultant will assemble the work produc#without charge and put it in order for proper filing and closing and deliver it'to �ity. Consultant will be paid for work ,performed up to the termination date;' however, the total 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. ' 22. Cavenants aqainst Continqen#'Fees. Consultant warrants tha# 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 fiide employee, any'fee, commission,' 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 withou#liability, or, in'its discretion, to deduct from the Agreement price or consideration, c�r otherwise recover, #he full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. , ' , 23. Claims and Lawsuits. 'Consultant acknowledges that if a fa(se c{aim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminaf prosecution. Gonsultant acknowledges that Califomia Go�emment Code sections 12650 et seq., #he False Claims Act applies to this Agreement and, 'provides for civil penalties where a person knowingly submits a false claim to a' public entity. These provisions include false claims made with deliberate ignorance of the false infflrmation or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to'the False Claims Act, it is entitled to recover its 'litigation costs, including attorney's fees. Consultant 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 work or , ' 'improvement for a period of up to five (5) years. ',Consultan# acknowledges disbarment , by another jurisdiction is grounds for City to #erminate this Agreement. REV:�Z-11-15 VR Page 7 of 11 ATTY/AGR2015.028/KITCHELUCONSTRUCTION MANAGEMENT SERVICES