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7.5 The parties understand and agree that the City is relying on, and does not waive or intend to
<br /> waive by any provision of this contract, the monetary limitations (presently $150,000 per
<br /> person and $600,000 per occurrence) or any other rights, immunities, and protections
<br /> provided by the Colorado Governmental Immunity Act, 24 -10 -101 et seq., 10 C.R.S., as
<br /> from time to time amended, or otherwise available to the City, its officers, or its employees.
<br /> 8.0 INDEMNIFICATION
<br /> To the fullest extent permitted by law, the Contractor agrees to indemnify and hold harmless the
<br /> City, and its elected and appointed officers and its employees, from and against all liability, claims,
<br /> and demands, on account of any injury, loss, or damage, which arise out of or are connected with the
<br /> Services hereunder, if such injury, loss, or damage is caused by the negligent act, omission, or other
<br /> fault of the Contractor or any subcontractor of the Contractor, or any officer, employee, or agent of
<br /> the Contractor or any subcontractor, or any other person for whom Contractor is responsible. The
<br /> Contractor shall investigate, handle, respond to, and provide defense for and defend against any such
<br /> liability, claims, and demands. The Contractor shall further bear all other costs and expenses
<br /> incurred by the City or Contractor and related to any such liability, claims and demands, including
<br /> but not limited to court costs, expert witness fees and attorneys' fees if the court determines that
<br /> these incurred costs and expenses are related to such negligent acts, errors, and omissions or other
<br /> fault of the Contractor. The City shall be entitled to its costs and attorneys' fees incurred in any
<br /> action to enforce the provisions of this Section 8.0. The Contractor's indemnification obligation
<br /> shall not be construed to extend to any injury, loss, or damage which is caused by the act, omission,
<br /> or other fault of the City.
<br /> 9.0 QUALITY OF WORK
<br /> Contractor's Services shall be performed in accordance with the highest professional workmanship
<br /> and service standards in the field to the satisfaction of the City.
<br /> 10.0 INDEPENDENT CONTRACTOR
<br /> It is the expressed intent of the parties that the Contractor is an independent contractor and not the
<br /> agent, employee or servant of the City, and that:
<br /> 10.1. CONTRACTOR SHALL SATISFY ALL TAX AND OTHER GOVERNMENTALLY
<br /> IMPOSE RESPONSIBILITIES INCLUDING, BUT NOT LLMITGED TO, PAYMENT
<br /> OF STATE, FEDERAL AND SOCIAL SECURITY TAXES, UNEMPLOYMENT
<br /> TAXES, WORKERS' COMPENSATION AND SELF EMPLOYMENT TAXES. NO
<br /> STATE, FEDERAL OR LOCAL TAXES OF ANY KIND SHALL BE WITHHELD
<br /> OR PAID BY THE CITY.
<br /> 10.2. CONTRACTOR IS NOT ENTITTLED TO WORKERS' COMPENSATION BENEFITS
<br /> EXCEPT AS MAY BE PROVIDED BY THE INDEPENDENT CONTRACTOR NOR
<br /> TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS UNEMPLOYMENT
<br /> COMPENSATION COVERAGE IS PROVIDED BY THE INDEPENDENT
<br /> CONTRACTOR OR SOME ENTITY OTHER THAN THE CITY.
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