Laserfiche WebLink
� ._ �. .. � . _a -------__—___y.�. . �.. �,_.. , �_ <br /> 20. Termination. In the event of the Consultant's failure to prosecute, deliver, or <br /> perform the Services, City may terminate this Agreement for nonperformance by <br /> notifying Consultant in writing pursuant to the notice provisions of this Agreement. <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 /> Either Party upon tendering thirty (30) days written notice to the other party may <br /> terminate this Agreement. <br /> Within 10 days of termination Consultant will assemble the work product without charge <br /> and put it in order for proper filing and closing and deliver it to City. Consultant will be <br /> paid for work performed up to the termination date; however, the total will not exceed <br /> the lump sum fee payable under this Agreement. City will make a determination of final <br /> payment based upon the value of the work product delivered to City and the percentage <br /> of the services performed. <br /> 21. Covenants aqainst Continqent Fees. Consultant warrants that Gonsultant has not <br /> employed or retained any company or person, other than a bona fide employee working <br /> for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or <br /> agreed to pay any company or person, other than a bona fide employee, any fee, <br /> commission, percentage, brokerage fee, gift, or any other consideration contingent <br /> upon, or resulting from, the award or making of this Agreement. For breach or violation <br /> 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, <br /> the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent <br /> fee. <br /> 22. Claims and Lawsuits. Consultant acknowledges that if a false claim is submitted <br /> to City by Consultant, it may be considered fraud and Consultant may be subject to <br /> criminal prosecution. Consultant acknowledges that California Govemment Code <br /> sections 12650 et seq., fhe False Claims Act applies to this Agreement and, provides <br /> for civil penalties where a person knowingly submits a false claim to a public entity. <br /> These provisions include false claims made with deliberate ignorance of the false <br /> information or in reckless disregard of the truth or falsity of information. If City seeks to <br /> recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation <br /> costs, including attorney's fees. Consultant acknowledges that the filing of a false claim <br /> may subject Consultant to an administrative debarment proceeding as the �esult of <br /> which Consultant may be prevented to act as a Consultant on any public work or <br /> improvement for a period of up to five (5) years. Consultant acknowledges disbarment <br /> by anotherjurisdiction is grounds for City to terminate this Agreement. <br /> 23. Jurisdiction and Venue. Any action at law or in equity brought by either of the <br /> Parties for the purpose of enforcing a right or rights provided for by this Agreement will <br /> REV:08-13-13 VR <br /> Page 7 of 18 <br /> ATTY/AGR2013.0119/ESA(Draft Baseline Study Reports <br />