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<br />I <br /> <br />I ' <br /> <br />20. Termination. In the event of the Consultant's failure to prosecute, deliver, <br />or perform the Services, City may terminate this Agreement for nonperformance <br />by notifying Consultant in writing pursuant to the notice provisions of this <br />Agreement. <br /> <br />If City decides to abandon or postpone the work or services contemplated by this <br />Agreement, City may terminate this Agreement upon written notice to Consultant <br />pursuant to the notice provisions of this Agreement. Termination will be effective <br />immediately upon notification. <br /> <br />Either Party upon tendering thirty (30) days written notice to the other party may <br />terminate this Agreement. <br /> <br />Within 10 days of termination Consultant will assemble the work product without <br />charge and put it in order for proper filing and closing and deliver it to City. <br />Consultant will be paid for work performed up to the termination date; however, <br />the total will not exceed the lump sum fee payable under this Agreement. City <br />will make a determination of final payment based upon the value of the work <br />product delivered to City and the percentage of the services performed. <br /> <br />21. Covenants Aaainst Continaent Fees. Consultant warrants that Consultant <br />has not employed or retained any company or person, other than a bona fide <br />employee working for Consultant, to solicit or secure this Agreement, and that <br />Consultant has not paid or agreed to pay any company or person, other than a <br />bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any <br />other consideration contingent upon, or resulting from, the award or making of <br />this Agreement. For breach or violation of this warranty, City will have the right to <br />annul this Agreement without liability, or, in its discretion, to deduct from the <br />Agreement price or consideration, or otherwise recover, the full amount of the <br />fee, commission, percentage, brokerage fees, gift, or contingent fee. <br /> <br />22. Claims And Lawsuits. Consultant acknowledges that if a false claim is <br />submitted to City by Consultant, it may be considered fraud and Consultant may <br />be subject to criminal prosecution. Consultant acknowledges that California <br />Government Code sections 12650 et seq., the False Claims Act applies to this <br />Agreement and, provides for civil penalties where a person knowingly submits a <br />false claim to a public entity. These provisions include false claims made with <br />deliberate ignorance of the false information or in reckless disregard of the truth <br />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. <br />Consultant acknowledges that the filing of a false claim may subject Consultant <br />to an administrative debarment proceeding as the result of which Consultant may <br />be prevented to act as a Consultant on any public work or improvement for a <br />period of up to five (5) years. Consultant acknowledges disbarment by another <br />jurisdiction is grounds for City to terminate this Agreement. <br /> <br />Agreement over $1 OK 7 <br />City Attorney Approved Version 012710 <br />