City Council Determination Sample Clauses

City Council Determination. Based on the administrative record, the Council shall determine by resolution whether the decision or order of the City Manager should be upheld. A tie vote of the City Council shall be regarded as upholding the decision of the City Manager. If, based upon the administrative record, the City Council determines that the performance of Contractor is in breach of any term of this Agreement or any provision of any applicable federal, state or local statute or regulation, the City Council, in the exercise of its discretion, may order Contractor to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement. The City Council may not terminate the Agreement unless it determines that Contractor is in material breach of a material term of this Agreement or any material provision of any applicable federal, state or local statute or regulation. Contractor’s performance under the Agreement is not excused during the period of time prior to a final determination as to whether or not Contractor performance is in material breach of this Agreement, or the time set by City for Contractor to discontinue a portion or all of its services pursuant to this Agreement. The decision or order of the City Council shall be final and conclusive. Contractor has the right to seek judicial review from an appropriate court solely as indicated in Section 17.4. With the exception of draws on the Cash Bond, the execution of any of City's remedies under this Section shall be stayed until Contractor has exhausted its appeals under Section 17.1.5 of this Agreement.
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City Council Determination. This MOU shall be presented to the Alhambra City Council for its determination and shall not be effective until or unless the City Council renders its approval. Appropriate actions including the adoption of ordinances, resolutions, and rules shall be taken to implement the provisions of this MOU.
City Council Determination. The Memorandum of Understanding shall be presented to the Loma Linda City Council for its determination. Appropriate ordinances, resolutions and other additional actions shall be considered to implement the provisions of this Memorandum.
City Council Determination. This Memorandum of Understanding shall be presented to the Loma Xxxxx City Council for its consideration and ratification. LOMA XXXXX PROFESSIONAL CITY OF LOMA XXXXX FIREFIGHTERS LOCAL 935 BY BY BY DATED DATED APPENDIX “A” CITY OF LOMA XXXXX TABLE OF POSITIONS CLASSIFICATIONS LOMA XXXXX PROFESSIONAL FIREFIGHTERS LOCAL 935 Firefighter Firefighter Paramedic Engineer Captain APPENDIX “B” COMPENSATION PLAN LOMA XXXXX PROFESSIONAL FIREFIGHTERS LOCAL 935 JULY 1, 2017 POSITION TITLE PAY GRADE Annual Minimum Annual Maximum FIREFIGHTER-EMT FIRE 1 $59,338.70 $77,672.42 FIREFIGHTER/PARAMEDIC FIRE 4 $68,691.97 $89,915.55 FIRE ENGINEER FIRE 6 $75,732.90 $99,131.91 FIRE CAPTAIN FIRE 8 $83,495.53 $109,292.92 COMPENSATION PLAN LOMA XXXXX PROFESSIONAL FIREFIGHTERS LOCAL 935 JULY 1, 2018 POSITION TITLE PAY GRADE Annual Minimum Annual Maximum FIREFIGHTER-EMT FIRE 1 $60,525.48 $79,225.88 FIREFIGHTER/PARAMEDIC FIRE 4 $70,065.81 $91,713.86 FIRE ENGINEER FIRE 6 $77,247.56 $101,114.54 FIRE CAPTAIN FIRE 8 $85,165.44 $111,478.78 COMPENSATION PLAN LOMA XXXXX PROFESSIONAL FIREFIGHTERS LOCAL 935 JULY 1, 2019 POSITION TITLE PAY GRADE Annual Minimum Annual Maximum FIREFIGHTER-EMT FIRE 1 $61,735.99 $80,810.40 FIREFIGHTER/PARAMEDIC FIRE 4 $71,467.13 $93,548.14 FIRE ENGINEER FIRE 6 $78,792.51 $103,136.83
City Council Determination. Based on the administrative record, the Council shall determine by resolution whether the decision or order of the City Manager should be upheld. If, based upon the administrative record, the City Council determines that Contractor is in breach of any term of this Agreement or any provision of any applicable federal, state or local statute or regulation, the City Council, in the exercise of its discretion, may order Contractor to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement. The City Council may not terminate the Agreement unless it determines that Contractor is in material breach of a material term of this Agreement or any material provision of any applicable federal, state or local statute or regulation. Contractor’s performance under the Agreement is not excused during the period of time prior to a final determination as to whether or not Contractor’s performance is in material breach of this Agreement, or the time set by City for Contractor to discontinue a portion or all of its services pursuant to this Agreement. The decision or order of the City Council shall be final and conclusive unless Contractor files a “Notice of Appeal to Referee” with the City Clerk (and serves copies, by mail, on the City Manager and the City Attorney) within 10 business days of receipt of the decision or order of the City Council. With the exception of draws on the Performance Bond, the execution of City’s remedies shall be stayed until Contractor has exhausted its appeals under Section 28 and Section 29 of this Agreement.
City Council Determination. Based on the evidence presented at the public hearing, the City Council shall determine by resolution whether this Agreement should be te1minated. If, based upon the record, the City Council determines that the perfom1ance of Contractor is in breach of any material term of this Agreement or any material provision ofany applicable federal, state or local statute or regulation, the City Council, in the exercise of its sole discretion, may terminate forthwith this Agreement. The decision of the City Council shall be final and conclusive, subject to review pursuant to Article 15. Contractor's performance under this Agreement is not excused during the period of time prior to the City Council's final determination as to whether such performance is deficient.

Related to City Council Determination

  • City Council The City Council is vested with authority to:

  • Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the relevant professional body. The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

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