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1994-061-RES WHEREAS, the City Council of the City of Paris did Resolution No. 93-094 authorize an application to be
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1994-061-RES WHEREAS, the City Council of the City of Paris did Resolution No. 93-094 authorize an application to be
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8/2/2012 2:07:07 PM
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CITY CLERK
Doc Name
1994-061-RES
Doc Type
Resolution
CITY CLERK - Date
6/13/1994
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<br />the monitoring report may be cause for suspension or termination of this contract, as provided in <br />Sections 17 and 18 of this contract. <br /> <br />SECTION 10. <br /> <br />INDEPENDENT CONTRACTOR <br /> <br />It is expressly understood and agreed by the parties hereto that Department is contracting with <br />Contractor as an Independent Contractor, and that Contractor, as such, agrees to hold Department <br />harmless and to indemnify Department from and against any and all claims, demands. and causes of <br />action of every kind and character which may be asserted by any third party occurring or in any way <br />incident to, arising out of, or in connection with the services to be performed by Contractor under this <br />contract. <br /> <br />SECTION 11. <br /> <br />SUBCONTRACTS <br /> <br />A. Except for subcontracts to which the federal labor standards requirements apply. Contractor may <br />subcontract for performances described in this contract without obtaining Departmenrs prior written <br />approval. Contractor shall only subcontract for performances described in this contract to which the <br />federal labor standards requirements apply after Contractor has submitted a Subcontractor Eligibility <br />form, as specified by Department, for each such proposed subcontract, and Contractor has obtained <br />Department's prior written approval, based on the information submitted, of Contractor's intent to enter <br />into such proposed subcontract. Contractor, in subcontracting for any performances described in this <br />contract, expressly understands that in entering into such subcontracts, Department is in no way liable <br />to Contractor's subcontractor(s). <br /> <br />B. In no event shall any provision of this Section 11, specifically the requirement that Contractor obtain <br />Department's prior written approval of a subcontractor's eligibility, be construed as relieving Contractor <br />of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so <br />as to comply with all of the terms of this contract, as if such performances rendered were rendered by <br />Contractor. Department's approval under Section 11 does not constitute adoption, ratification, or <br />acceptance of Contractor's or subcontractor's performance hereunder. Department maintains the right <br />to insist upon Contractor's full compliance with the terms of this contract, and by the act of approval <br />under Section 11. Department does not waive any right of action which may exist or which may <br />subsequently accrue to Department under this contract. <br /> <br />C. Contractor shall comply with all applicable federal. state, and local laws, regulations, and ordinances <br />for making procurements under this contract. <br /> <br />D. Department shall maintain an escrow retainage in the amount of five percent (5%) of each <br />construction or rehabilitation subcontract entered into by Contractor until Department determines that <br />the Federal labor standards requirements applicable to each such subcontract have been satisfied. <br /> <br />SECTION 12. <br /> <br />CONFLICT OF INTEREST <br /> <br />A. Contractor shall ensure that no employee, officer, or agent of Contractor shall participate in the <br />selection, or in the award or administration of a subcontract supported by funds provided hereunder if a <br />conflict of interest, real or apparent, would be involved. Such conflict of interest would anse when: 1) <br />The employee, officer, or agent; 2) any member of his or her immediate family; 3) his or her partner; or, <br />4) any organization which employs, or is about to employ any of the above, has a financial or other <br />interest in the firm or person selected to perform the subcontract. Contractor shall comply with Chapter <br />171, Local Government Code. <br /> <br />Page 5 of 12 <br />
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