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(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 /> (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 /> (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 /> (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 /> (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 CONTRACTOR <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 /> 28 <br />