|
any and all premiums in connection therewith, and all monies so paid by the City shall be
<br />repaid by Consultant to the City upon demand, or the City may offset the cost of the
<br />premiums against any monies due to Consultant 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 Agreement, the monetary limitations or any other rights,
<br />immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-
<br />10-101 et seq., C.R.S., as from time to time amended, or otherwise available to the City,
<br />its officers, or its 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 reasonable
<br />liability, claims, and demands, on account of any injury, loss, or damage, which arise out of or are
<br />connected with the services hereunder, if and to the extent such injury, loss, or damage is caused
<br />by the negligent act, omission, or other fault of the Consultant or any subcontractor of the
<br />Consultant, or any officer, employee, or agent of the Consultant or any subcontractor, or any other
<br />person for whom Consultant is responsible. The Consultant shall investigate, handle, and respond
<br />to, any such liability, claims, and demands. The Consultant shall further bear reasonable costs and
<br />expenses incurred by the City or Consultant and related to any such liability, claims and demands,
<br />including but not limited to court costs, expert witness fees and attorneys' fees if the court
<br />determines to the extent that these incurred costs and expenses are related to such negligent acts,
<br />errors, and omissions or other fault of the Consultant. The City shall be entitled to its costs and
<br />attorneys' fees incurred in any action to enforce the provisions of this Section 8.0. The Consultant's
<br />indemnification obligation shall not be construed to extend to any injury, loss, or damage which is
<br />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 />It is the expressed intent of the parties that the Consultant is an independent contractor and not
<br />the agent, employee or servant of the City, and that:
<br />10.1. Consultant shall satisfy all tax and other governmentally imposed responsibilities
<br />including but not limited to, payment of state, federal, and social security taxes,
<br />unemployment taxes, worker's compensation and self-employment taxes. No state, federal
<br />or local taxes of any kind shall be withheld or paid by the City.
<br />10.2. Consultant is not entitled to worker's compensation benefits except as may be
<br />provided by the Consultant nor to unemployment insurance benefits unless
<br />M
<br />
|