Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract requested by the City pertaining to the responsibility of the proposed Subcontractor. 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 the Company, to third parties or otherwise. 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 Company 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 Company in connection with the provision of the Contract Services shall relieve the Company from its obligations hereunder to perform the Contract Services. The Company 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 Company or inflicted on the Company or a Subcontractor by the actions of another Subcontractor. (D) Indemnity for Subcontractor Claims. The Company shall payor cause to be paid to all direct Subcontractors 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 Company acknowledges that its indemnity obligations under Section 13.3 shall extend to all claims for payment or damages by any Subcontractor who furnishes or claims to have furnished any labor, services, materials or equipment in connection with the Contract Services. (E) Assignability. All Subcontracts entered into by the Company with respect to the Facilities shall be assignable to the City, solely at the City's election and without cost or penalty, upon the expiration or termination of this Service Contract. SECTION 15.9. 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 Company to bring any action against the City, not based on this Service Contract, arising out of any act or omission of the City in its governmental or regulatory capacity. (H) No City Obligation to Issue Governmental Approvals. The City retains all issuance and approval rights it has under Applicable Law with respect to any Governmental Approval required vvith respect to the Facilities, or the Contract Services, and none of such rights shall be deemed to be waived, modified or amended as a consequence of the execution of 104