Agmt10 Hauge Brueck Associates, LLC

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" . \' . 20. Termination. In the event of the Consultant's failure to prosecute, deliver, or perform the Services, City may, with fifteen (15) days notice, terminate this Agreement for nonperformance by notifying Consultant in writing pursuant to the notice provisions of this Agreement; provided that Consultant shall immediately terminate all work upon notice and prior to the effective date of termination. If City decides to abandon or postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon thirty (30) days written notice to Consultant pursuant to the notice provisions of this Agreement; provided that Consultant shall immediately terminate all work upon notice and prior to the effective date of termination. Either Party upon tendering thirty (30) days written notice to the other party may terminate this Agreement for any reason; provided that Consultant shall immediately terminate all work upon notice and prior to the effective date of termination. Within ten (10) days of the effective date of any termination hereunder, Consultant will assemble the work product 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 shall make final payment based upon the work product delivered to City and the percentage of the services performed in accordance with Exhibit "A" hereto. 21. Covenants Aqainst Continqent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent 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. Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include 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 Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Consultant acknowledges that the filing of a false claim may subject Consultant to an administrative disbarment proceeding as the result of which Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five (5) years. Consultant acknowledges disbarment by another jurisdiction is grounds for City to terminate this Agreement. A TTY/AGR/201 0.043 051210 7