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7.3 Certificates of insurance shall be provided by the Contractor as evidence that policies
<br />providing the required coverages, conditions, and minimum limits are in full force and
<br />effect, and shall be subject to review and approval by the City and State. No required
<br />coverage shall be cancelled, terminated or materially changed until at least 30 days prior
<br />written notice has been given to the City. The City and State reserve the right to request
<br />and receive a certified copy of any policy and any endorsement thereto.
<br />7.4 Failure on the part of the Contractor to procure or maintain policies providing the required
<br />coverages, conditions, and minimum limits shall constitute a material breach of contract
<br />upon which the City may immediately terminate this Agreement, or at its discretion may
<br />procure or renew any such policy or any extended reporting period thereto and may pay
<br />any and all premiums in connection therewith, and all monies so paid by the City shall be
<br />repaid by Contractor to the City upon demand, or the City may offset the cost of the
<br />premiums against any monies due to Contractor from the City.
<br />7.5 The parties understand and agree that the City is relying on, and does not waive or intend
<br />to waive by any provision of this contract, the monetary limitations (presently $350,000
<br />per person and $990,000 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
<br />the Services hereunder, to the extent such injury, loss, or damage is caused by the negligent act,
<br />omission, or other fault of the Contractor or any subcontractor of the Contractor, or any officer,
<br />employee, or agent of the Contractor or any subcontractor, or any other person for whom
<br />Contractor is responsible. The Contractor shall investigate, handle, respond to, and provide
<br />defense for and defend against any such liability, claims, and demands. The Contractor shall
<br />further bear all other costs and expenses incurred by the City or Contractor and related to any such
<br />liability, claims and demands, including but not limited to court costs, reasonable expert witness
<br />fees and reasonable attorneys' fees if the court determines that these incurred costs and expenses
<br />are related to such negligent acts, errors, and omissions or other fault of the Contractor. The City
<br />shall be entitled to its reasonable costs and attorneys' fees incurred in any action to enforce the
<br />provisions of this Section 8.0. The Contractor's indemnification obligation shall not be construed
<br />to extend to any injury, loss, or damage which is caused by the act, omission, or other fault of the
<br />City.
<br />9.0 QUALITY OF WORK
<br />Contractor's Services shall be performed in accordance with the professional workmanship and
<br />service standards of care as that of other professionals performing similar services in the Denver -
<br />metro area to the satisfaction of the City.
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