Agmt14 Abilities United - Grant to run Hoover pool swim lessons

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.�:� . __, _ i .� i � 20. Termination. In the event of the Consultant's failure to prosecute, deliver, or pertorm 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 contemplated by this Agreement, City may terminate this Agreement upon written notice to Consultant pursuant to the natice provisions of this Agreement. Termination will be effec#ive immediately upon notificatian. Either Party upon tendering thirty {30) days written no#ice to the other party rnay terminate this Agreement. Within 10 days of termination Consultant will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Consultant will be paid for worEc pertormed up to the termination date; however, the total will not exceed the lump surn fee payable under this Agreement. City will make a determination of final payment based upon the value of the work product delivered to City and the percentage of the services pe�formed. 21. Covenants aqainst Contins�ent Fees. Consultant warran#s 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 Agreemen#, and that Consuitant 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 o#this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreernent price or consideration, or otherwise recover, the ful! amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. i 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. Consul#ant acknowledges that California Government Code � sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penal#ies 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 informatian. If City seeks ta recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including atfiorney's fees. Consu�tant acknowledges that the filing of a false claim may subject Consul#ant to an adminisfrative 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 acknowledges disbarment by another jurisdiction is grounds for City to terminate this Agreement. i 23. Jurisdiction and Venue. Any action at iaw or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will � i ATTY/AGR/2014.059/ABILI71E5 UNITED Page 6 of 9 i REV:05-05-14 MGL I