25H - AGMT - STREET SWEEPING SERVICES

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required, or if Contractor violates any provision of this Agreement, Contractor shall be deemed in default. City shall provide written notice of such default to Contractor's Project Manager. Contractor shall cure said default within a period of two (2) working days. If more than two (2) working days are reasonably required to cure the default, Contractor shall provide adequate assurance of due performance within forty-eight (48) hours after Contractor receives written notice of default from City. Such assurance shall include acknowledgement of the default, Contractor's proposed remedy and the timeline (not more than seven (7) working days) for cure. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the Agreement forthwith by giving written notice to Contractor's Project Manager. City may, in addition to the other remedies provided in this Agreement or authorized by liw, terminate this Agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during Contractor's default. b. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for contract services if, in the judgment of the Projects Manager or designee, the level of maintenance falls below appropriate street sweeping maintenance standards and/or Contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the Projects Manager or designee determines that contract services are performed as well and as frequently as required by this Agreement. c. Termination by Contractor. (i) Contractor may stop providing service pursuant to this Agreement in the event on nonpayment by the City. In order to invoke this provision, Contractor must first provide to City thirty (30) day written notice of nonpayment of undisputed sums. Contractor shall allow the City thirty (30) working days to cure the alleged breach, after Contractor provides written notice of such breach. (ii) The Contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority. In such event, Contractor may request termination by providing one-hundred eighty (180) days written notice prior ?o contract termination date. If such event may not be remedied by reasonable action taken by Contractor, City may approve termination. 14. LIQUIDATED DAMAGES If City determines that the Contractor has breached its promise to provide street sweeping services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth herein, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of Contractor's breach, Contractor shall pay to City the sum of $265.00 per street sweeping hour during which Contractor remains in breach, in addition to any cost, fines, etc. levied against the City. 15. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the Contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. 25H-12