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<br />(c) The Executive Director shall review the CONTRACTOR's <br />response to the notice of deficiencies and shall either decide the <br />matter and notify the CONTRACTOR of that decision in writing, or, <br />refer the matter to the City Council. A decision or order of the <br />Executive Director shall be final and binding on CONTRACTOR if the <br />CONTRACTOR fails to file a "Notice of Appeal" with the City Clerk <br />within 10 days of receipt of the Executive Director's decision. <br />within thirty working days of receipt of a Notice of Appeal, the <br />city Clerk shall refer the appeal to the City Council for <br />proceedings in accordance with Chapter three of the Santa Ana <br />Municipal Code. <br /> <br />(d) In such case, the City Council may set the matter for <br />hearing. The city Clerk shall give CONTRACTOR written notice of <br />the time and place of the hearing. At the hearing, the City <br />Council shall consider the report of the Executive Director <br />indicating the deficiencies, and shall give the CONTRACTOR a <br />reasonable opportunity to be heard. <br /> <br />(e) Based on the evidence presented at the public hearing, <br />the City Council shall determine by Resolution whether this <br />Agreement should be terminated. If, based upon the record, the <br />City Council determines that the performance of CONTRACTOR is in <br />breach of any material term of this Agreement or any material <br />provision of any applicable Federal, State, or local statute or <br />regulation, the City Council, in the exercise of its sole <br />discretion, may terminate forthwith the Agreement. The decision of <br />the City Council shall be final and conclusive. CONTRACTOR's <br />performance under the Agreement is not excused during the period of <br />time prior to the City council's final determination as to whether <br />such performance is deficient. <br /> <br />(f) The rights of termination or imposition of liquidated <br />damages, as set forth in section 36 hereof, are in addition to any <br />other rights of CITY upon a failure of CONTRACTOR to perform its <br />obligations under this Agreement. The CITY further reserves the <br />right to terminate CONTRACTOR's Agreement or impose liquidated <br />damages in the event of any of the following: <br /> <br />(1) If the CONTRACTOR practices, or attempts to <br />practice, any fraud upon the CITY; <br />(2) If the CONTRACTOR becomes insolvent, unable, or <br />unwilling to pay its debts, or upon listing of an order for relief <br />in favor of CONTRACTOR in a bankruptcy proceeding; <br />(3) If the CONTRACTOR fails to provide or maintain in <br />full force and effect the workers' compensation, liability or <br />indemnification coverage as required by this Agreement; <br />(4) If the CONTRACTOR willfully violates any orders or <br />rulings of any regulatory body having jurisdiction over the <br />CONTRACTOR relative to this Agreement, provided that the CONTRA~TOR <br />may contest any such orders or rulings by appropriate proceedings <br />conducted in good faith, in which case no breach of this Agreement <br />shall be deemed to have occurred; <br /> <br />28 <br />