Resolution 2019-03 - Laserfiche WebLink

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G. Annual Appropriation. The Parties' financial obligations under this Agreement in future fiscal years are subject to annual appropriation in accordance with Colorado law. H. Insurance. The District certifies that it is insured for property and general liability coverages, including errors and omissions to the limits set forth in the Governmental Immunity Act. Excess insurance is purchased above the District's self -insured retention. The District also certifies it has obtained workers' compensation insurance to cover obligations imposed by the Workers' Compensation Act of Colorado and any other applicable laws for any employee. A Certificate of Insurance shall be provided to the City outlining the insurance policy limits. The District's contractors working within City rights of way shall be licensed and permitted per the City of Louisville Municipal Code. Any District contract for work on the District Network shall require that the contractor indemnify the District and City against liabilities arising from the act, omission or other fault of the contractor, which indemnification shall be in a form mutually acceptable to the City and District. Such contract shall also require that the District and City be named as additional insureds on the contractor's commercial general liability coverage. I. Governing Law and Venue. All agreements among the Parties shall be construed and interpreted in accordance with the laws of the United States of America and the State of Colorado. Venue for any action shall be proper in the Twentieth Judicial District of the State of Colorado and in the Federal District Court for the District of Colorado, depending upon the cause of action urged, and in no other court. J. Integration Clause. This Agreement and the attached exhibits contain the entire agreement between the Parties relating to the City Conduit, District Network, and Dedicated City Fiber, and may be modified only by an instrument in writing executed by all of the Parties. K. Effective Date. The terms of this Agreement will become effective as of the date set forth above. L. Notices. All notices under this Agreement shall be given by registered or certified mail, postage prepaid, directed as follows, or as amended by notice given under this paragraph, and shall be deemed given on the date of mailing: Intended for the District: Intended for the City: Boulder Valley School District No. RE-2 6600 E. Arapahoe, P.O. Box 9011 Division of Information Technology Boulder, CO 80301 City Manager With a copy to the Director of Public Works and the Director of Finance 749 Main Street Louisville, CO 80027 9