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20. Termination. In the event of the Consultant's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Consultant in writing pursuant to the notice provisions of this Agreement. If City decides to abandon or postpone the work or services corrtemplated by this AgreemeM, City may terminate this Agreement upon written notice to Consultant pursuant to the notice provisions of this Agreement. Termination will be effective immediately upon notiF'�cation. Either Party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. Within 10 days of termination Consultant will assemble the woric product 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; hovirever, the total will not exceed the lump sum fee payeble under this Agreement. City will make a determinetion af final payment based upon the value of the work product delivered to Cityr and the percentage af the services performed. 21. Covenents a�ainst Continaent Fees. Consultsint werrar�ts that Consultant has not empbyed or retained any company or person, other than e bona fide empbyee working for Consultant, to solicit or secure this Agreement, and thart Consultant has not paid or agreed to psy any oompany or person, other than a bona fide employee, any fee, commission, peroeritage, brokerage fee, gift, or any other consideration contingerrt upon, or resulting from, the eward or making of this AgreemeM. For breadi or violation aF this warranty, City will have the right to armul this Agreement witF�out tiability, or, in its discretion, to deduct from the Agreement price or c�onsideration, or othenNise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. Claims and Lswsuits. Consultant acknawledges that if a false cJeim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that Cal'�fomia Gov�emmeM Code sedions 12650 et seq., the False Claims Ad applies to this Agreement and, provides for civil penalties where a person knowingly submits a false cleim to a public entity. These provisions include false claims made with deliberate ignorence of the false information or in redcless disregard of the tn�th 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 attomey's fees. Consultant acknowledges that the filing aF a false claim may subject ConsultsM to an adminisVative debarment 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 ac�cnowledges disbarment by another jurisdiction is grounds for City to terminate this Agreement. Page T of 14 ATTY/AGR.Z013.0120/NV5