Laserfiche WebLink
<br />11. <br /> <br />. <br /> <br />. <br /> <br />generated in the CITY and collected by other than CONTRACTOR. <br /> <br />DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT <br /> <br />(a) In the event CONTRACTOR defaults in the performance of any <br />of the obligations, covenants or agreements to be kept, done <br />or performed by it under the terms of this Agreement, or any <br />other applicable Federal, state, or local law or regulation, <br />the CITY shall notify CONTRACTOR in writing of the nature of <br />such default. <br /> <br />(b) The Executive Director may, in such written instrument, <br />set a reasonable time within which correction of all such <br />deficiencies is to be made. Unless otherwise specified, a <br />reasonable time for correction shall be thirty (30) days from <br />the receipt by the CONTRACTOR of such written notice. If the <br />CONTRACTOR cannot reasonably correct or remedy the breach <br />within the time set forth in such notice, CONTRACTOR shall <br />still be required to commence to correct or remedy the <br />violation within such time as set forth in the notice and <br />shall be required to diligently achieve such correction or <br />remedy as soon thereafter as possible. <br /> <br />(c) The Executive Director shall review the CONTRACTOR'S <br />response to the notice of deficiencies and shall either decide <br />the matter and notify the CONTRACTOR of the decision in <br />writing, or, refer the matter to the City Council. A decision <br />or order of the Executive Director shall be final and binding <br />on CONTRACTOR if the CONTRACTOR fails to file a "Notice of <br />Appeal" with the City Clerk within 10 days of receipt of the <br />Executive Director's decision. within thirty working days of <br />receipt of a Notice of Appeal, the City Clerk shall refer the <br />appeal to the City Council for proceedings in accordance with <br />Chapter three of the Santa Ana 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 <br />of the time and place of the hearing. At the hearing, the <br />City Council shall consider the report of the Executive <br />Director indicating the deficiencies, and shall give the <br />CONTRACTOR a reasonable opportunity to be heard. <br /> <br />(e) Based on the evidence presented at the public hearing, the <br />city Council shall determine by Resolution whether this <br />Agreement should be terminated. If, based upon the records, <br />the City Council determines that the performance of CONTRACTOR <br />is in breach of any material term of this Agreement or any <br />material provision of any applicable Federal, state, or local <br />statute or regulation, the City Council, in the exercise of <br />its sole discretion, may terminate forthwith the Agreement. <br />The decision of the City Council shall be final and <br /> <br />5 <br />