Res 2005-127 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article XN - Miscellaneous Provisions for Contract Services valued in excess of $25,000 (as adjusted annually by the Service Fee Adjustment Factor) annually, except: (1) Mfiliates of the Authority; (2) equipment suppliers; (3) Governmental Bodies; and (4) suppliers of Consumables and chemicals. The Authority shall furnish the City written notice of its intention to engage Subcontractors requiring City approval, and shall furnish all information reasonably requested by the City pertaining to the demonstrated responsibility of the proposed Subcontractors. The City's approval will not be unreasonably withheld or delayed. In the event the City fails to respond to any such notice of intention within 15 days of receipt thereof, the City shall be deemed to have approved the proposed Subcontractor. The approval or withholding thereof by the City of any proposed Subcontractor shall not create any liability of the City to third parties or otherwise unless the City's withholding is unreasonable. In no event shall any Subcontract be awarded to any person debarred, suspended or disqualified from State or City contracting for any services similar in scope to the Contract Services. (C) Subcontract Terms and Subcontractor Actions. The Authority shall retain full responsibility to the City under this Service Contract for all matters related to the Contract Services notwithstanding the execution or terms and conditions of any Subcontract. No failure of any Subcontractor used by the Authority in connection with the provision of the Contract Services shall relieve the Authority from its obligations hereunder to perform the Contract Services. The Authority shall be responsible for settling and resolving with all Subcontractors all claims arising out of delay, disruption, interference, hindrance, or schedule extension caused by the Authority or inflicted on the Authority or a Subcontractor by the actions of another Subcontractor. (D) Payment of Subcontractors. The Authority shall payor cause to be paid all Subcontractors it may retain in the execution of its responsibility under this agreement all amounts due in accordance with their respective Subcontracts. No Subcontractor shall have any right against the City for labor, services, materials or equipment furnished for the Contract Services. The City shall be responsible for any third-party contractor it may retain or cause to be retained. (E) Nondiscrimination. The Authority shall include a nondiscrimination provision similar to that contained in Section 14.16 in any of the Authority's contracts with Subcontractors that perform services related to the Facilities. SECTION 14.9. ACTIONS OF THE CITY IN ITS GOVERNMENTAL CAPACITY. (A) Rights as Government Not Limited. Nothing in this Service Contract shall be interpreted as limiting the rights and obligations of the City under Applicable Law in its governmental or regulatory capacity (including police power actions to protect health, safety and welfare or to protect the environment), or as limiting the right of the Authority to bring any action against 92