Laserfiche WebLink
CONTRACTOR, which default and termination shall be effective on a date stated in the notice <br />which is to be not less than ten (10) days after certified mailing or personal service of such notice, <br />unless such default is cured before the effective date of termination stated in such notice. If <br />terminated for cause, CITY shall be relieved of further liability or responsibility under this <br />Agreement, or as a result of the termination thereof, including the payment of money, except for <br />payment for approved expenses incurred for services satisfactorily and timely performed prior to the <br />mailing or service of the notice of termination, and except for reimbursement of (1) any payments <br />made for services not subsequently perfonned in a timely and satisfactory manner, and (2) costs <br />incurred by CITY in obtaining substitute performance. <br />XVI. <br />DISPUTES <br />Except as otherwise provided in this Agreement, any dispute concerning any <br />question arising under this Agreement shall be decided by CITY. In such a case CITY shall <br />reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. <br />The decision of the City shall be final and conclusive unless within thirty (30) calendar days <br />from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request <br />to appeal said decision. <br />If receiving WIOA funds, procedures governing the appeal shall be prescribed by <br />CITY and/or the State of California in accordance with the Act and all corresponding regulations <br />and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in <br />accordance with CITY's decision unless the dispute involves a change order. <br />XVII. <br />BREACH - SANCTIONS <br />If, through any cause, CONTRACTOR violates any of the terms and conditions of <br />this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR <br />pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report <br />makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay <br />CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or <br />violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program <br />support until such time as CONTRACTOR fulfills its obligations or remedies all violations of <br />this Agreement or prior agreements; and/or (2) collect outstanding amounts as determined by <br />CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) <br />days' written notice CONTRACTOR has failed to repay same. or a repayment schedule has not <br />been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of <br />such termination in accordance the notice provision in Paragraph XVIII herein below. <br />Page 14 of 17 <br />