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may assess liquidated damages or terminate the agreement forthwith by giving written <br />notice to contractor's project manager. City may, in addition to the other remedies <br />provided in this agreement or authorized by law, terminate this agreement by giving <br />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 <br />during contractor's default. In the event of such termination for cause, City shall pay <br />contractor that portion of compensation specified in the agreement that is earned and <br />unpaid prior to the effective date of termination. Contractor shall not be entitled to any <br />compensation for lost profits it terminated for cause. <br />2. 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 <br />shall pay to contractor that portion of compensation specified in the agreement that is <br />earned and unpaid prior to the effective date of termination. <br />3. 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 service falls <br />below appropriate standards and /or contractor fails to satisfactorily perform contract <br />services. City shall have the right to retain funds withheld until the City projects manager <br />or designee determines that contract services are performed as well and as frequently <br />as required by this agreement. <br />I. CONTRACTOR OPTION FOR TERMINATION <br />The contractor may request termination of the contract when conditions during the contract <br />make it impossible to perform or when prevented from proceeding with the contract by act of <br />God, by law or official action of a public authority or in the event on nonpayment by the City. <br />Such request will require one - hundred eighty (180) days written notice prior to contract <br />termination date requested. In the event of nonpayment of undisputed sums by the City, <br />contractor shall give the City thirty (30) working days to cure the alleged breach. <br />J. LIQUIDATED DAMAGES <br />a) If the City determines that the contractor breaches its promise to provide services in <br />compliance with the Terms and Conditions of applicable laws and regulations, and the <br />specifications set forth above, it would be impracticable and extremely difficult to <br />determine the damage to City arising from such breach. The Director or his designated <br />representative shall regularly inspect the parks, playgrounds, fields and all other City <br />property subject to this Agreement. If said inspection results in discovery of work that is <br />not performed in the manner, and to the professional degree set forth in the <br />Specifications, Contractor agrees that the City shall deduct from Contractor's next <br />monthly payment, the City's actual or estimated cost of performing the work to bring the <br />property into conformance with the specifications. Additionally, City shall impose <br />liquidated damages of $100 to $300.00 per inspection, per park, per day not meeting the <br />specifications during any such inspection. <br />K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS <br />Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The <br />City shall inform the contractor of areas to publicize recruitment opportunities, such as work <br />centers and community centers. Such effort and procedure will be provided to the City for <br />review. <br />Districts 1 and 3 Park Landscape RFP <br />Page 61 <br />