Agmt16 Pyro Spectaculars North, Inc.

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17. Discrimination and Harassment Prohibited. Gansultant wili compiy with aii applicabfe focal, state and federa! laws and regulations prohibiting discrimination and harassment. 18. Termination. In the event of the Consultant`s failure #o prr�secute, deliver, or perfoRn the Services, City may terminate this Agreement for nor�performance by notifying Gansultant in w�itin� pursuant tc� the na#ice provisions of this Agr�ement, If City decides ta abandan or posfpone the work or servtces contemptated by this Agreement, City may terminafie this Agreement upon written notice to CQnsuftant �ursu�nt to the noti�e �rovisions of this A�re�rnen#. Terminati�n w�ll be effective immedi�teiy upon notificatiQn, 19. F�i h_,,,,g,�t#o_Cancet. Parky upon tend�ring thirty (3Q) days wdtten notice to the ather party may t+erminate this Agreement. Consultant witl be paid for work performed up ta the �ermination date accarding ta Ex. A paragraph 12; however, the tatal wifl nc�f�xceed the lump sum fe� payable under this Agreement. City will mal�e a determination of final payment based upon the value ofi the work product �elivered to City and the percen#age of the senrices performed 2Q. Covenants aqainst Continq�nt Fees. Consultant warrants t h a t Cansultant has not empltayed or retained any campany or persan, other than a �ona fide empioyee warking for �onsultant, to saficit or secure this Agreement, and tha# Consultant has not paid ar agreed to pay any company or persan, other than a bona fiide employee, any fee, commissiQn, percentage, brokerage fee, gift, ar any oiher cons��ieratinn contingent upr�n, or resulting fram, the award c�r m�king of this Agreement. For breach or violatian of this wacranty, City will have #he right ta annul this �►c�reemen# without liability, or, in its discretion, ta deduct from the Ac�reement price or consideratian, c�r otherwis� r+ecvver, the full amvunt of the fee, �ommission, perc+�ntage, brokerage fees, gift, or contingent f$e. 21. Gla�ms and l,.awsuits, Gonsultant acknowledges that if a false claim is submitted to City by Cansultant, it may be considered fr�ud and Gansuitant may be subjeet to criminal prosecution. Consu3tar�t acknowiedges that Califarnia Government C�de secti�ns 12650 et seg., the False Claims Act applies to this Agreement and, prc�vicies for civil penalties where a p�rsan lcnowingly submits a fa�se claim to a public entity. These provisions include false claims made w�th deliberate ignflrance of the fafse information or in reckless disregard of the truth ar falsity of infarmation. If Gity seeks ta recorrer penalties pursuant to the �a1se Cl�ims Act, it is entitled to recover its litigation costs, including attome�s fees. Consuftant acknowledges that the fiiing ofi a false claim may subject Cc�nsultant #o an administra#ive debarment prviceeding as the result�f whieh Consuitant may be prevented #o act as a Consu(t�nt on any public wark �r improvement far a period of up to five (5} years. Cc�nsultant aeknc�wledges disbarment by anofher jurisdictian is graunds for City to terminate this Agreement. REV:04-19-16 FF Page 12 of 13 AT"CY"IAGR.2016.b7"8/Pyrospectacuiars North,Inc.