Resolution 2020-89 - Laserfiche WebLink

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DocuSign Envelope ID: 7443B30E-E291-49EC-8947-3A2133EA4DF9 C.R.S. § 24-10-101, et seq., as amended, and shall at all times during the terms of this Agreement maintain such liability insurance, by commercial policy of self-insurance, as is necessary to meet its liabilities under the Act. The City shall cooperate fully in the defense of all claims arising from incidents where the Sheriff's Office, or any of their employees, were acting under this Agreement. Boulder County and the Sheriff s Office, shall cooperate fully in the defense of all claims arising from incidents where the City, or any of their employees, were acting under this Agreement. Each Party agrees to be responsible for its own negligent actions or omissions, and those of its officers, agents' and employees, in the performance or failure to perform work under this Agreement. By agreeing to this provision, no Party waives or intends to waive, as to any person not a parry to the Agreement, the limitations, protections and immunities which are provided to such Party under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. 12. Proof of Insurance. Boulder County shall provide the City with proof of self insurance showing Boulder County's coverage for comprehensive general liability, police professional liability, auto liability, and workers compensation, and will provide timely updates of any changes in the County's insurance program, as requested. 13. Invalidity Provision. Should any of the provisions of this Agreement be held to be invalid or unenforceable, then the balance of this Agreement shall be held to be in full force and effect as though the invalid portion was not included; provided, however, that should the invalidity or unenforceability go to the essence of the Agreement or be of a substantial nature, then the Party or Parties who would receive the benefit of the provision, were it not invalid or unenforceable, shall have the option to terminate this Agreement forthwith. 14. Governing -Law. This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Colorado. 15. No Third -Party Beneficiaries. The enforcement of the terms and conditions of this Agreement and all rights of action relation to such enforcement shall be strictly reserved to the County and the City, and nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other or third person. It is the express intent of the parties to this contract that any person receiving services or benefits under this contract shall be deemed an incidental beneficiary only. 16. Sub'ect to Annual Appropriation. Any financial obligation of the City not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. 17. Termination of Prior Agreements. This Agreement is intended as the complete integration of all understandings between the parties as to the subject matter of this Agreement, expressly superseding any and all prior agreements pertaining to the provision of services by one party within the other party's jurisdiction. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written amendatory or other agreement properly executed by the Page 7 of 9