Resolution 2015-55 - Laserfiche WebLink

Home Browse Search

15. Each party to this Agreement shall be an independent contractor, and neither party nor such party's agents, officers, officials, and employees shall be deemed to be an agent of the other party. BCCC and AGENCY are each responsible for their own neghgence and that of their agents, officers, officials and employees to the extent provided in the Colorado Governmental Immunity Act, C.R.S. § 24 -10 -101, et seq., as amended from time to time. Neither BCCC nor the AGENCY waives or intends to waive by any provision of this Agreement the limitations on liability or other protections which may be available to BCCC nor the AGENCY, and their respective employees under the Colorado Governmental Immunity Act or other state or federal law, as amended from time to time, as respects claims of any third parties. 16. Nothing in this Agreement shall be deemed or construed as creating a multiple fiscal year obligation on the part of the BCCC or AGENCY within the meaning= of Colorado Constitution Article X, Section 20 or any other constitutional or statutory provision, and the- BCCC's and AGENCY'S obligations hereunder are expressly conditional upon annual appropriation. In the event of non - appropnation by a party, the other party shall';khave the right to terminate its participation in the Agreement. Any decision to not appropriate funds shall be without penalty or liability but the non - appropriating party shall remain responsible for previously incurred liabilities and, further, shall not affect, impair, or invalidate any'of- -ttie- remaining terms or provisions of this Agreement. 17. Nothing is this Agreement is intended or shall be construed to create a joint venture between the AGENCY and BCCC, and neither party shall be liable or responsible for any debt or obligation of the other. Neither party shall assign or delegate this Agreement or any portion thereof without the other party's pnor written consent. 18. The enforcement of the terms and conditions of this Agreement and all nghts of action relating to such enforcement shall be strictly reserved to the parties, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other or third person. It is the express intent of the AGENCY and BCCC that there are no third party beneficiaries of this Agreement. 19. This Agreement represents the entire Agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date last written below BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BOULDER ATTEST. Admi nistrati- ssist Clerk to the Board of Commissioners 1 By J 'Chair, Board of County Commissioners Date MI aa1,1 S