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HOUSTON HARRIS & PCS, INC. 4 -2013
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HOUSTON HARRIS & PCS, INC. 4 -2013
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Last modified
1/28/2014 11:39:27 AM
Creation date
1/28/2014 10:58:12 AM
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Contracts
Company Name
HOUSTON HARRIS & PCS, INC.
Contract #
A-2013-110
Agency
PUBLIC WORKS
Council Approval Date
7/15/2013
Expiration Date
6/30/2014
Destruction Year
2019
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14. TERMINATION <br />The City reserves the right to terminate the contract as follows: <br />a. In the event Contractor fails or refuses to timely perform any of the provisions of this <br />agreement in the manner required, or if Contractor violates any provision of this agreement, Contractor <br />shall be deemed in default. City shall provide written notice of such default to Contractor's project <br />manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not <br />completed in a timely manner, City may assess liquidated damages or terminate the agreement forthwith <br />by giving written 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 written notice of <br />termination, Contractor shall be responsible for all costs incurred by City, including replacement costs of <br />equipment and labor required to provide service during Contractor's default. In the event of such <br />termination for cause, City shall pay Contractor that portion of compensation specified in the agreement <br />that is earned and 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 />b. This agreement may be terminated without cause by City upon thirty (30) days written notice <br />delivered to the Contractor either personally or by mail. Upon termination, City shall pay to Contractor <br />that portion of compensation specified in the agreement that is earned and unpaid prior to the effective <br />date of termination. <br />c. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall <br />have the right to withhold all or a portion of Contractor's compensation for contract services if, in the <br />judgment of the City, the level of service falls below appropriate standards and /or Contractor fails to <br />satisfactorily perform contract services. City shall have the right to retain funds withheld until the City <br />determines that contract services are performed as well and as frequently as required by this agreement. <br />15. CONTRACTOR OPTION FOR TERMINATION <br />The Contractor may request termination of the contract when conditions during the contract make <br />it impossible to perform or when prevented from proceeding with the contract by act of God, by law or <br />official action of a public authority or in the event on nonpayment by the City. Such request will require <br />one - hundred eighty (180) days written notice prior to contract termination date requested. In the event of <br />nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to <br />cure the alleged breach. <br />16. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS <br />Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City <br />shall inform the Contractor of areas to publicize recruitment opportunities, such as work centers and <br />community centers. Such effort and procedure will be provided to the City for review. <br />17. DISCRIMINATION <br />Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual <br />orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the <br />recruitment, selection, training, utilization, promotion, termination or other employment related activities. <br />Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, <br />state and local laws and regulations. <br />
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