AgdaPkt 2009-06-22 clsd and jnt - Laserfiche WebLink

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6.1 D Page 9 20. Termination. In the e�ent of �he Consultant's fai�ure to prosecute, deliver, or perform the Services, City rnay #erminate this Agreement for nonperformance by notifying Consul#ant in writing pursuant to the notice pro�isions of this Agreernent. If City decides to abandon or indefrnitely postpone the work or services contempla�ed by this Agreement, City may terminate this Agreement upon written notice #o Consultant pursuant to the notice provisions o� this Agreement. Terminatian w'rll be effe�tive immediately upon not�fication. Consultant has five (5) business days to deliver any documents owned by City and ail work in progress to City address contained in this Agreement. City will make a dete�mination of fact based upon the work produc� delivered fio City and of the percentage of work that Consultant has performed which is usable and o# worth to City in ha�ing the Agreement completed. Based upon #hat finding Ci�ty will determine the fina� payment of the Agreement. Either Party upon tendering thirty (30} days written notice to the other party may terminate this Agreement. 1n this e�ent and upon request of City, Consultant will assemble the work product without charge and put it in order for proper filing and closing and deli�er it fio City. Consultant will be paid for work performed to the termination date; however, the tota�will not exceed the lump sum fee payable under this Agreement. Ciiy will make the final determination as to the portions of tasks completed and the compensation to be made. 21. Cavenants Against Contingent Fees. Consultant warrants that Consulfiant has not employed or re#ained any company or person, other than a bona fide employee working for Consuitant, to solicit or secure this Agreement, and that Consul#ant has not paid or agreed to pay any company or person, o#her than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, o� any other considera#ion contingenfi 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. By signing this Agreement, Consultant agrees that any Agreement ciaim submitted to City must be asserted as part of the Agreement process as set farth in this Agreement and not in anticipation of li#iga#ion or in conjunction with litigation. Consultant acknowledges that if a fafse cla�m is submitted to City by Consul#an#, it may be considered #raud and Consultan# may be subject to criminal prosecution. Consultant acknowledges tha# California Government Code sections 12650 et seq., the False Claims Act applies to #his Agreement and, provides for civil penalties where a person knowingly submits a fa{se claim to a public entity. These pro�isions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity af information. Ef City seeks to recover penalties pursuant to the False Claims Act, it is entitled to reco�er its litigation costs, including attorney's fees. Consultant acknowledges fihat the fling of a false claim may subject Consultant ta an administrative debarment proceeding as the result of which Consultant may be prevented to act as a Consultant on any public work or improvement ATTY/AGR12009.027 7 060809