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<br />Except as otherwise stated, all notices to be provided or that may be provided under this Agreement
<br />must be in writing and delivered by regular and certified mail. Each party will notify the other
<br />immediately of any changes of address that would require any notice or delivery to be directed to
<br />another address.
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<br />17. Conflict of Interest. City will evaluate Consultant's duties pursuant to this Agreement to
<br />determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is
<br />required of Consultant or any of Consultant's employees, agents, or subcontractors. Should it be
<br />determined that disclosure is required, Consultant or Consultant's affected employees, agents, or
<br />subcontractors will complete and file with the City Clerk those schedules specified by City and
<br />contained in the Statement of Economic Interests Form 700.
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<br />Consultant, for Consultant and on behalf of Consultant's agents, employees, subcontractors and
<br />consultants warrants that by execution of this Agreement, that they have no interest, present or
<br />contemplated, in the projects affected by this Agreement. Consultant further warrants that neither
<br />Consultant, nor Consultant's agents, employees, subcontractors and consultants have any ancillary
<br />real property, business interests or income that will be affected by this Agreement or, alternatively,
<br />that Consultant will file with the City an affidavit disclosing this interest.
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<br />18. General Compliance with Laws. Consultant will keep fully informed of federal, state and local
<br />laws and ordinances and regulations which in any manner affect those employed by Consultant, or in
<br />any way affect the performance of the Services by Consultant. Consultant will at all times observe
<br />and comply with these laws, ordinances, and regulations and will be responsible for the compliance of
<br />Consultant's Services with all applicable laws, ordinances and regulations.
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<br />19. Discrimination and Harassment Prohibited. Consultant will comply with all applicable local,
<br />state and federal laws and regulations prohibiting discrimination and harassment.
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<br />20. Termination. In the event of the Consultant's failure to prosecute, deliver, or perform the
<br />Services, City may terminate this Agreement for nonperformance by notifying Consultant in writing
<br />pursuant to the notice provisions of this Agreement. If City decides to abandon or indefinitely
<br />postpone the work or services contemplated by this Agreement, City may terminate this Agreement
<br />upon written notice to Consultant pursuant to the notice provisions of this Agreement. Termination will
<br />be effective immediately upon notification. Consultant has five (5) business days to deliver any
<br />documents owned by City and all work in progress to City address contained in this Agreement. City
<br />will make a determination of fact based upon the work product delivered to City and of the percentage
<br />of work that Consultant has performed which is usable and of worth to City in having the Agreement
<br />completed. Based upon that finding City will determine the final payment of the Agreement.
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<br />Either Party upon tendering thirty (30) days written notice to the other party may terminate this
<br />Agreement. In this event and upon request of City, Consultant will assemble the work product without
<br />charge and put it in order for proper filing and closing and deliver it to City. Consultant will be paid for
<br />work performed to the termination date; however, the total will not exceed the lump sum fee payable
<br />under this Agreement. City will make the final determination as to the portions of tasks completed
<br />and the compensation to be made.
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<br />21. Covenants Aaainst Continaent Fees. Consultant warrants that Consultant has not employed
<br />or retained any company or person, other than a bona fide employee working for Consultant, to solicit
<br />or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person,
<br />other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
<br />consideration contingent upon, or resulting from, the award or making of this Agreement. For breach
<br />or violation 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, the full amount
<br />of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
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<br />22. Claims And Lawsuits. By signing this Agreement, Consultant agrees that any Agreement
<br />claim submitted to City must be asserted as part of the Agreement process as set forth in this
<br />Agreement and not in anticipation of litigation or in conjunction with litigation. Consultant
<br />acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and
<br />Consultant may be subject to criminal prosecution. Consultant acknowledges that California
<br />Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and,
<br />provides for civil penalties where a person knowingly submits a false claim to a public entity. These
<br />provisions include false claims made with deliberate ignorance of the false information or in reckless
<br />disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False
<br />Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Consultant
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<br />Agreement over $lOK
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<br />City Attorney Approved Version 111803
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