Res 2003-133 - Laserfiche WebLink

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D. In addition to the Iimitations on liability otherwise specified in this contract, it is expressly understood and agreed by the parties hereto that if Contractor fails to submit to City in a timely and satisfactory manner any report required by this contract, City may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by Contractor hereunder. If City withholds such payments, it will notify Contractor in writing of its decision and the reasons therefor. Payments withheld pursuant to this paragraph may be held by City until such time as the delinquent obligations for which funds are withheld are fulfilled by Contractor. SECTION 9. MONITORING City reserves the right to perform periodic on-site monitoring of Contractor's compliance with the terms and conditions of this contract, and of the adequacy and timeliness of Contractor's performances under this contract. After each monitoring visit, City will provide Contractor with a written report of the monitor's findings. If the monitoring report notes deficiencies in Contractor's performances under the terms of this contract, the monitoring report shall include requirements for the timely correction of such deficiencies by Contractor. Failure by Contractor to take action specified in the monitoring report may be cause for suspension or termination of this contract, as provided in Sections 17 and 18 of this contract. SECTION 10. INDEPENDENT CONTRACTOR It is expressly understood and agreed by the parties hereto that City is contracting with Contractor as an Independent Contractor, and that Contractor, as such, agrees to hold City harmless and to indemnify City from and against any and ali claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with the services to be performed by Contractor under this contract. SECTION 11. SUBCONTRACTS A. Except for subcontracts to which the federal labor standards requirements apply, Contractor may subcontract for performances described in this contract without obtaining City's prior written approval. Contractor shall only subcontract for performances described in this contract to which the federal labor standards requirements apply after Contractor has submitted a Subcontractor Eligibility form, as specified by City, for each such proposed subcontract, and Contractor has obtained City's prior written approval, based on the information submitted, of Contractor's intent to enter into such proposed subcontract. Contractor, in subcontracting for any performances described in this contract, expressly understands that in entering into such subcontracts, City is in no way liable to Contractor's subcontractor(s). B. In no event shall any provision of this Section 11, specifically the requirement that Contractor obtain City's prior written approval of a subcontractor's eligibility, be construed as relieving Contractor of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all of the terms of this contract, as if such performances rendered were rendered by Contractor. City's approval under Section 11 does not constitute adoption, ratification, or acceptar~ce of Contractor's or subcontractor's performance hereunder. City maintains the right to insist upon Contractor's full compliance with the terms of this contract, and by the act of approval under Section 11, City does not waive any right of action which may exist or which may subsequently accrue to City under this contract. C. Contractor shall comply with Section 85.36 of the Common Rule, this contract and all appIicable federal, state and local laws, regulations, and ordinances for making procurements under this contract. Page 5 of * TCF-PY02 Revised 11/5/02 Contract Cf-