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6.1 B Page 12 19. Discrimination and Harassment Prohibited. Consultant will comply with a!I applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 2p. Termination. In the event of �he Consultant's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperfarmance by r�vtifying Consultant in writing pursusnt to the notice provisions of this Agreement. If City deeides to abandon or postpone the work or services contemplated by this Agreement, City may termina#e this Agreement upon written notice to Consultant pursuant to the notice provisions of this Agreemen#. Termination will be effective immediateiy upan notification. Either Party upon tendering #hirty (30} days written natice to the other party may terminate this Agreement. Within 1 Q days of termination Consultant wil! assembls the work�raduct without charge and put it in order for proper filing and closing and deliver it to City. Consultant will be paid for work performed up to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make a determina#ion of#inal payment based upon th�value of the wark product delivered to City and the percentage of the services performed. 21. Covenants Aqainst Cantingent Fees. Consultant warrants that Cansultant has not employed or retained any company or person, other tl�an a bona fide employee working for Consultant, to so(ici#or secure this Agreement, and that Consultant has�ot paid or agreed to pay any company or person, other than a bona fide employee, any fee, commissian, percentage, brokerage fee, gift, or any other consideration cantingent upan, or resulting from,the award or making of fhis Agreement. Far breach or violatian of this warranty,City wil!have the right to annul this Agreement wifihaut 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 cEaim is submit�ed to City by Consultant, it may be considered frauci and Consultant may be subject to criminal prosecution. Consultant acknowfedges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement ancE, provides for civil penalties where a person knowingly submits a false c(aim to a p�blic entity. These provisions includ� false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Ctaims Act, it is entitlad to recover its litigation costs, includir�g attorney's fees. Consultant acknowledges that the fi(ing of a false claim may subject Consultant to an administrative debarment proceeding as the result of which Cons�[kant may be prevented to act as a Consultant on any public work or Agreement over$10K 7 City Attomey Appraved Version 031210