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City Council Agenda and Packet 2018 05 01
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City Council Agenda and Packet 2018 05 01
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CCAGPKT 2018 05 01
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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 $150,000 <br />per 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., <br />as from time to time amended, or otherwise available to the City, its officers, or its <br />employees. <br />8.0 INDEMNIFICATION <br />To the fullest extent permitted by law, the Consultant agrees to indemnify and hold harmless the <br />City, and its elected and appointed officers and its employees, from and against all liability, <br />claims, and demands, on account of any injury, loss, or damage, which arise out of or are <br />connected with the services hereunder, if such injury, loss, or damage is caused by the negligent <br />act, omission, or other fault of the Consultant or any subcontractor of the Consultant, or any <br />officer, employee, or agent of the Consultant or any subcontractor, or any other person for whom <br />Consultant is responsible. The Consultant shall investigate, handle, respond to, and provide <br />defense for and defend against any such liability, claims, and demands. The Consultant shall <br />further bear all other costs and expenses incurred by the City or Consultant and related to any <br />such liability, claims and demands, including but not limited to court costs, expert witness fees <br />and attorneys' fees if the court determines that these incurred costs and expenses are related to <br />such negligent acts, errors, and omissions or other fault of the Consultant. The City shall be <br />entitled to its costs and attorneys' fees incurred in any action to enforce the provisions of this <br />Section 8.0. The Consultant's indemnification obligation shall not be construed to extend to any <br />injury, loss, or damage which is caused by the act, omission, or other fault of the City. <br />9.0 QUALITY OF WORK <br />Consultant's professional services shall be in accordance with the prevailing standard of practice <br />normally exercised in the performance of services of a similar nature in the Denver metropolitan <br />area. <br />10.0 INDEPENDENT CONTRACTOR <br />Consultant and any persons employed by Consultant for the performance of work hereunder <br />shall be independent contractors and not agents of the City. Any provisions in this Agreement <br />that may appear to give the City the right to direct Consultant as to details of doing work or to <br />exercise a measure of control over the work mean that Consultant shall follow the direction of <br />the City as to end results of the work only. As an independent contractor, Consultant is not <br />entitled to workers' compensation benefits except as may be provided by the independent <br />contractor nor to unemployment insurance benefits unless unemployment compensation <br />coverage is provided by the independent contractor or some other entity. The Consultant <br />is obligated to pay all federal and state income tax on any moneys earned or paid pursuant <br />to this contract. <br />4 <br />31 <br />
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