Resolution 2016-16 - Laserfiche WebLink

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(B) The Delegate may terminate this Agreement, upon thirty (30) days' written notice to the City, if the Delegate is unable or unwilling to comply with such additional conditions as may be lawfully applied by the City, State, or HUD. In such event, the City may require the Delegate to ensure that adequate arrangements have been made for the transfer of the delegated activities to another delegate or to the City. (C) In the event of any termination, all property and finished or unfinished documents, data, studies, and reports purchased or prepared by the Delegate under this Agreement shall become the property of the City, and the Delegate shall be entitled to compensation for any unreimbursed expenses reasonably and necessarily incurred in satisfactory performance of the Agreement. Notwithstanding the above, the Delegate shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Delegate, and the City may withhold any reimbursement to the Delegate for the purpose of set-off until such time as the exact amount of damages due the City from the Delegate is agreed upon or otherwise determined. (D) In the event of any termination, the City shall de -obligate any remaining unexpended grant funds for the project, and shall provide notice to Delegate that such project has failed to meet its expenditure milestones (included in Appendix B) and the corresponding HUD timeliness requirements and that as a result, the Delegate is required to immediately return to the City any previously received funds for the project for re -allocation to another project. 12. SUBCONTRACTING AND ASSIGNMENT. The Delegate shall not assign, delegate, nor subcontract any of the work or services authorized by this Agreement without the prior written approval of the City. The parties acknowledge that City approval has been given for those subcontractors engaged prior to execution of this Agreement for work or services on the project authorized by this Agreement. 13. COPIES OF PLANS. The City will be provided with copies of plans, reports, studies, or other documentation signifying and giving evidence of the completion of the activities authorized by the terms of this Agreement at such time as the Delegate has fulfilled its responsibilities in executing the terms of this Agreement. 14. LIABILITY. The Delegate and the City each assume responsibility for the actions and omissions of its own agents and employees in the performance or failure to perform work under this Agreement. It is agreed that such liability for actions or omissions of their own agents and employees is not intended to increase the amounts set forth in the Colorado Governmental Immunity Act, now existing, or as the same may be later amended. By agreeing to this provision, the parties do not waive nor intend to waive the limitations on liability which are provided to the parties under the Colorado Governmental Immunity Act § 24-10-101 et seq., C.R.S., as amended. 15. INSURANCE. The Delegate will procure and maintain in full force and effect such insurance or self-insurance that will insure its obligations and liabilities under this Agreement, including workers' compensation, automobile liability, and general liability. 6 L.\FRIEDLAN\My Documents L\CDBG\2016 CDBG-DR IGA Louisville FINAL docx 3/15/2016