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19. Discrimination and Harassment Prohibited. Consultant will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. Termination. 1n the event of the Consultant's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement fo� nonperfoRnance by notifying Consuttant in writing pursuant to the notice provisions of this Agreement. If City decides to abandon or postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Consultant 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 10 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 performet! 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 worlc product delivered to City and the percentage of the services performed. 21. Covenants Aaainst Contingent Fees. Consultant warrants that 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 fide 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 without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full 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 Cal'rfornia Govemment 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 tn a public entity. These provisions include false claims made with deliberate ignorance of the false infoRnation or in reckless disregarcJ of the truth or falsity of infoRnation. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recove� its litigation costs, including attomey's fees. Consultant acknowledges that the filing vf 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 REV:03-08-16 VR Page 7 of 15 ATTY/AGR.2016.04'1Nerde Design, Inc.-RWS Tennis Cou�t Resurfacing