2008-00331 Contract - Laserfiche WebLink

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esiisizoae x$v ia~ sa rwt iacos~o~~ 6,2 The foregoing re~rreales provided to City far ibreach of the Contract by Contractor shall not be exdu6ive. Cfty3ha11 b9 ~entl:fed to exercise any one or moro other legal or equiiab!e romedies evS~Nable beCausd of Contractor's broads With or without temunatton, B.3 !n the event of breach of the Contract by City, Contraetor`e remedy shall be limped to terrNrtatlon o° the Contract arrd paymont for services performed to the dais of temtln~lan teas any offset to which City is entitled, 7. RvcnrdsAna~ctton. Contractor shah maintain rewrds of (ta charges to Clty under the Contract for a period of not less than three year8 following Contractor's completion ot` the Contract, Upon reasonable advarroA natlee, City or tta aathcutzed representatives may from •tlrrta to timednspeCt, audit and make copte~s of any Contractor's records that relate to the Contract. if any audit by Clfy dlsdoses than payrrtertts to the Contrao~t~r were in excrias of the amount to which Contractot was entttlad tinder the Contract, Contractor ahaA promptly pay tv City the amount of such excsss, lithe excess charged by Contractor far any ~difaad period ie groater ;,hen two percent of the amount that should have been charged for that period, Contractor shall also reimburse City Its reasonaob coats in4urred In performing the aud~l, 9, indsmnifflcatlon. Contractor shaA inCemnify attd hold City, end its vtiioars, ager~s and employees, harmless from and against all clatma, ecfiorq, fiabilltlea. costs, inducting attomsy fees and ether costs of defense, artsing out of or in anyway related to the Servk~s, Contractor's failure to striatty comply with any provision of the Contract or any other actions or failure to act by Contractor and Contractor's employees, agents, ot3fcers end eonlractars. In the event any such action ar dalm la brou~M against Gty, Contractor shall, if Clty So elects and upon tender by City, defend the same at Contractors sole cost and expense, prampdy satisfy any Judgrrtent adverse to Ctty or to City and Con#ractor, Jointly, and reimburse City for any loss, cost, damage or expense, tnduding attorney ins, suffered yr incurred by Clty. City shall notify Contractor, within a reasonable time. of any claim, threat of claim or legal action subject to the p:ovisians of this &ectlan f3. • 9. InsurMnce. Contractor shall have and maintain the lnsurtnce polldes specified bebw. Each paliay of insurance shalt be wrtttsn as a prlm+ary policy, not cordl•ibuNng with ar in excess of any coverage which City rrsy carry. A copy of eadt policy or a certthcate eatisfaccary to City shell be deiiver+ad b qty prior to commencement of the Services. The adequacy of ap inst~noe patidea for wrrtpllanca wlttr this Section 9 shah be subject to approval by elty's Risk Manager, Failure to maintain any irtratirance ooveroga r~equir~ed by tits Contract shalt be Cause for immediate terminatbn Of the Contract by City. Unless otherwise 6peafiad, each pdicy shall be written on an `aecxxrenae' form with tin admitted lnsuranc~ carver licensed to do busineea in thv state of Oregon; and shall ront8ln an end~raement entftling Clty to not less than 30 days prior written notlce of any material Change. non-renewal or cancellation. in the event the statutory Ilmi1 of liability of a public body for claims arising out of a single acddent or oxurnenae Is Increased above the combined sl;xilc emit Coverage requirements spedflad below, City shall have the right to • require that Contraetex Incretsso the +;ovsragea (scoria d ell liability polices by the amount Of the increase in the statutory Ilmft. g.1 Cornmerclal Genriral Lls?b11Hy. Contracbr shall maintain a broad form commercial genera! (lability insurance poacy with coverage of not less than $1,000,000 cdmbined aorvrnncr Nu~ea loco. ay Paos a 90 39t/d _ NI H~21t13S321 l~~J31d211S LESbLbbbTLl ZZ~EO 800Z/6t/90