City’s Right. To Terminate For Default Contractor’s failure to satisfactorily perform any obligation required by this Agreement constitutes a default. Examples of default include Contractor’s failure to do the following: (1) perform the services of the required quality or within the time specified; (2) perform any of the obligations of this Contract; (3) make sufficient progress in performance which may jeopardize full performance; (4) comply with applicable laws; and (5) comply with all notice, review, training and other requirements in Exhibit H, Accountability Provisions. If the nature of the default could endanger the public’s health and safety, Contractor shall cure the default within twenty-four hours of receipt of notice of the default. If Contractor fails to fully and timely cure the default, then the Mayor or designee may, in its sole and absolute discretion, immediately terminate this Agreement. For all other defaults except non-curable defaults, as described below, the Mayor or designee shall promptly give Contractor written notice of the occurrence of the default, and shall allow Contractor thirty (30) days thereafter to cure the default, or to submit a written plan of action for Contractor to promptly cure the default. Failure to cure the default within the thirty-day period, or timely submit an plan of action within the thirty-day period that would promptly cure the default, or failure to adhere to the plan of action, shall entitle the Mayor or designee to immediately terminate this Agreement. Contract Administrator, in its sole discretion, shall determine whether a submitted plan of action adequately sets forth a plan to promptly cure the default. In addition to all other Right to Terminate, the Mayor or designee may terminate the Agreement for cause in accordance with Article VI hereof and Municipal Code section 65.0218(n) if the default is not curable (“non-curable default”). Non-curable default shall include the following: (1) any intentional breach; (2) acts of willful misconduct or acts constituting gross negligence; and (3) Contractor’s, or its Subcontractors, demonstrated record of repetitive or recurring default, considered cumulatively, under the terms of this Agreement, including repeated failure to perform work to industry best practice standard, repetitive notices of deficient work under section 5.1.6, repetitive failure to comply with section 1.2.4, or other repeated failure to perform work as described in Exhibit B, Scope of Work.
City’s Right to Suspend for Convenience. City may suspend all or any portion of Contractor’s performance under this Contract at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City must first give ten (10) days’ written notice to Contractor of such suspension. City will pay to Contractor a sum equivalent to the reasonable value of the goods and/or services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Contractor with written notice of the rescission, at which time Contractor would be required to resume performance in compliance with the terms and provisions of this Contract. Contractor will be entitled to an extension of time to complete performance under the Contract equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
City’s Right. According to the Agreement for Consulting Services by and between the City of San Diego and Civic San Diego for Administration of Certain Planned Districts, the Downtown Community Parking District, and Economic Development Services (“Agreement for Consulting Services”), Section 4.2, the City retains the right to review and audit, and the reasonable right of access to Consultant’s and any Subconsultant’s premises to review and audit the Consultant’s or Subconsultant’s compliance with the provisions of the Agreement for Consulting Services (“City’s Right”). The City’s Right includes the right to inspect and photocopy same, and to retain copies, outside of the Consultant’s premises, of any and all records related to the Professional Services provided hereunder with appropriate safeguards, if such retention is deemed necessary by the City in its sole discretion. This information shall be kept by the City in the strictest confidence allowed by law. The City’s Right includes the right to examine any and all books, records, documents, and any other evidence of procedures and practices that the City determines are necessary to discover and verify that the Consultant or Subconsultant is in compliance with all requirements under the Agreement for Consulting Services, subject to applicable privileges such as the attorney-client privilege. If there is a claim for additional compensation or for additional services, the City’s Right includes the right to examine books, records, documents, and any and all other evidence and accounting procedures and practices that the City determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred. Consultant and any Subconsultants shall fully comply with this provision within sixty (60) days of the date on which the City mailed a written request to review and audit compliance.
City’s Right. The City retains the right to discipline and/or discharge employees for 21 just cause and also the right to adopt and enforce reasonable work rules, and once adopted, to 22 revise any and all such rules, provided that in the exercise of those rights, the City will not act in 23 violation of the express terms set forth in this Agreement.
City’s Right to Stop the Work. If CONTRACTOR persistently fails to correct Work which is not in accordance with the requirements of the Contract Documents and this Agreement or persistently fails to carry out the Work in accordance with the Contract Documents, CITY, by written order signed by CITY, may deliver a notice to CONTRACTOR setting forth that such a persistent and material failure is occurring and has occurred, and demanding that CONTRACTOR commence a cure of such persistent and material failure within twenty (20) Days and diligently pursue such cure thereafter. In the event that the cure is not commenced and pursued diligently, CITY may, by written notice to CONTRACTOR, order CONTRACTOR to stop the Work, or any portion thereof, until the use for such order has been eliminated; provided, however, that the right of CITY to stop the Work shall not give rise to a duty on the part of CITY to exercise this right for the benefit of CONTRACTOR or any other person or entity and shall not give rise to any liability of CITY to CONTRACTOR resulting from any delay (except to the extent that such order is found to be improper).
City’s Right to Audit and Inspect Records; and Section 7 City’s General Contracting Requirements.
