Agmt15 Kings Swim Academy, Inc - Laserfiche WebLink

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20. Terrnination. In the event of the Consultant's failure to prosecute, deliver, or perform the Services, Ci#y 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 ar services contemplated by this Agreement, City may terminate this Agreement upon written notice ta Cansultant pursuant to the notice provisions 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 1p days of termination Consultant will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Consultant will be paid for work performed up to the termination date; however, the total will not exceed the Iump 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 against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consul#ant, 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, eommission, 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 warr�nty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the fult 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 Consultant may be subject to criminal prosecution. Consultant acknowledges 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 public en#ity. These provisions include false claims made with deliberate ignorance of the false infarmation 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 attomey's fees. Consultant acknowlsdges that the�ling of a false claim may subject Cansultant 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. Consultant acknowledges disbarment by another jurisdiction is grounds for City to terminate this Agreement. REV:03-10-15 MLG Page 6 of 9 ATTY/AGR.2015.046/King's Swim Academy, Inc.