2020-12-08_REVISION - M2008078 (27)

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be subject to non-disclosure, County shall give written notice by facsimile and/or email to Permittee. Permittee shall notify County in writing by facsimile and/or email within two (2)working days of notification if any documents requested as a public record should not be disclosed. Permittee shall indemnify and hold harmless County for any public record requests where Permittee requests County not to disclose such records. 6.10 Statutory Limits on Liability. Because County is a public entity, and is subject to statutory limits on spending including funds which have been duly appropriated,County and its officers, agents, employees and representatives shall in no event be liable for damages to Permittee,or any other party,whether based upon breach of contract,tort,strict liability, breach of warranty,or any other claim for relief of whatever nature or description. However, Permittee may be awarded actual damages for breach of contract, specific performance, injunctive relief or other similar non-monetary remedy if proven by Permittee. 6.11 Actions of Permittee. Permittee shall be solely responsible for the acts of Permittee, its employees, and agents. Neither Permittee nor any agent or employee of Permittee shall be or shall be deemed to be an agent or employee of County. Permittee shall have no authorization,express or implied,to bind County to any agreements, liabilities,or understandings. Permittee shall provide and keep in force worker's compensation and unemployment compensation insurance in the amounts required by Colorado law. 6.12 Illegal Aliens. Permittee certifies that Permittee shall comply with the provisions of C.R.S.8-17.5-101 et seq. Permittee shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Permittee that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Permittee represents,warrants, and agrees that it(i)has verified that it does not employ any illegal aliens,through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security,and (ii) otherwise will comply with the requirements of C.R.S.8-17.5-102(2)(b). Permittee shall comply with all reasonable requests made in the course of an investigation under C.R.S.8-17.5-102 by Colorado Department of Labor and Employment. If Permittee fails to comply with any requirement of this provision or C.R.S.8-17.5-101 et seq., County may terminate this contract for breach, and Permittee shall be liable for actual and consequential damages to County. 6.13 Officials Not To Benefit. No official or employee of County shall directly or indirectly receive or be paid any share or part of this Agreement or any benefit that may arise therefore in violation of Article 29 of the Colorado Constitution. Permittee warrants that it has not retained any company or person(other than a bona fide employee working solely for Permittee)to solicit or secure this Agreement, and that Permittee has not paid or agreed to pay to any company or person, (other than a bona fide employee working for Permittee), any fee,commission, percentage, brokerage fee,gift or any other consideration contingent upon or resulting from the award of this Agreement to Permittee. Upon discovery of any breach or violation of this provision, County shall have the right to terminate this Agreement. 6.14 Governmental Immunity. Notwithstanding any other provision of this Agreement to the contrary, no term or provision of this Agreement shall be construed or interpreted as a limitation to or waiver by County of any applicable provisions of the Colorado Governmental Immunity Act,§24-10- 101, et seq., C.R.S., as now or hereafter amended,§24-30-1501,et seq., C.R.S., as now or hereafter 4