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CITY OF SANTA ANA <br /> <br /> <br />STREET SWEEPING SERVICES 33 <br /> <br /> <br />2. Payment <br />Payment by City shall be made within sixty (60) days following receipt of proper invoice, <br />subject to City accounting procedures. Payment need not be made for work which fails to <br />meet the standards of performance of a professional street sweeping service. <br />3. Extra Work <br /> <br />No new work of any kind shall be considered an extra unless a separate estimate is given <br />for said work and the estimate is approved by the City in writing before the work is <br />commenced. The Contractor will be required to provide before and after photographs of <br />safety items or emergency repairs. Documentation of contract compliance may be required <br />on some occasions. <br /> <br />III. TERMINATION <br /> <br />The City reserves the right to terminate the contract, without penalty, for cause immediately or <br />without cause. <br /> <br />4. In the event Contractor fails or refuses to timely perform any of the provisions of this <br />Agreement in the manner required, or if Contractor violates any provision of this Agreement, <br />Contractor shall be deemed in default. City shall provide written notice of such default to <br />Contractor’s Project Manager. Contractor shall cure said default within a period of two (2) <br />working days. If more than two (2) working days are reasonably required to cure the default, <br />Contractor shall provide adequate assurance of due performance within forty-eight (48) <br />hours after Contractor receives written notice of default from City. Such assurance shall <br />include acknowledgement of the default, Contractor’s proposed remedy and the timeline <br />(not more than seven (7) working days) for cure. If such cure is not completed in a timely <br />manner, City may assess liquidated damages or terminate the Agreement forthwith by <br />giving written notice to Contractor’s Project Manager. City may, in addition to the other <br />remedies provided in this Agreement or authorized by law, terminate this Agreement by <br />giving written notice of termination. Contractor shall be responsible for all costs incurred by <br />City, including replacement costs of equipment and labor required to provide service during <br />Contractor’s default. <br /> <br />5. This agreement may be terminated without cause by City upon thirty (30) days written <br />notice delivered to the Contractor either personally or by mail. Upon termination, City shall <br />pay to Contractor that portion of compensation specified in the Agreement that is earned <br />and unpaid prior to the effective date of termination. <br /> <br />6. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City <br />shall have the right to withhold all or a portion of Contractor’s compensation for contract <br />services if, in the judgment of the Projects Manager or designee, the level of maintenance <br />falls below appropriate street sweeping maintenance standards and/or Contractor fails to <br />satisfactorily perform contract services. City shall have the right to retain funds withheld <br />until the Projects Manager or designee determines that contract services are performed as <br />well and as frequently as required by this Agreement. <br /> <br />IV. CONTRACTOR OPTION FOR TERMINATION