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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 charge <br />and put it in order for proper filing and closing and deliver it to City. Consultant will be <br />paid for work performed up to the termination date; however, the total will not exceed <br />the lump sum fee payable under this Agreement. City will make a determination of final <br />payment based upon the value of the work product delivered to City and the percentage <br />of the services performed. <br />21. Covenants against Contingent Fees. Consultant warrants that Consultant has <br />not employed or retained any company or person, other than a bona fide employee <br />working for Consultant, to solicit or secure this Agreement, and that Consultant has not <br />paid or agreed to pay any company or person, other than a bona fide employee, any <br />fee, commission, percentage, brokerage fee, gift, or any other consideration contingent <br />upon, or resulting from, the award or making of this Agreement. For breach or violation <br />of this warranty, City will have the right to annul this Agreement without liability, or, in its <br />discretion, to deduct from the Agreement price or consideration, or otherwise recover, <br />the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent <br />fee. <br />22. Claims and Lawsuits. Consultant acknowledges that if a false claim is submitted <br />to City by Consultant, it may be considered fraud and Consultant may be subject to <br />criminal prosecution. Consultant acknowledges that California Government Code <br />sections 12650 at seq., the False Claims Act applies to this Agreement and, provides <br />for civil penalties where a person knowingly submits a false claim to a public entity. <br />These provisions include false claims made with deliberate ignorance of the false <br />information or in reckless disregard of the truth or falsity of information. If City seeks to <br />recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation <br />costs, including attorney's fees. Consultant acknowledges that the filing of a false claim <br />may subject Consultant to an administrative debarment proceeding as the result of <br />which Consultant may be prevented to act as a Consultant on any public work or <br />improvement for a period of up to five (5) years. Consultant acknowledges disbarment <br />by another jurisdiction is grounds for City to terminate this Agreement. <br />23. Jurisdiction and Venue. Any action at law or in equity brought by either of the <br />Parties for the purpose of enforcing a right or rights provided for by this Agreement will <br />be tried in a court of competent jurisdiction in the County of San Mateo, State of <br />California, and the Parties waive all provisions of law providing for a change of venue in <br />these proceedings to any other county. <br />24. Successors and Assiqns. It is mutually understood and agreed that this <br />Agreement will be binding upon the Parties and their respective successors. Neither <br />this Agreement nor any part of it nor any monies due or to become due under it may be <br />assigned by Consultant without the prior consent of City, which will not be unreasonably <br />withheld. <br />REV: 04-24-19 DZ <br />Page 7 of 10 <br />ATTY/AGR.2019.107/Collection Bureau of America - Third Party Debt Collection <br />