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Special Provisions (7/1/06 version). State Fiscal Rule 3-1 requires the inclusion of these Special Provisions in <br />every State contract, including grants. <br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br />This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such <br />assistant as he may designate. <br />2. FUND AVAILABILITY. CRS 24-30-202 (5.5) <br />Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that <br />purpose being appropriated, budgeted, and otherwise made available. <br />3. INDEMNIFICATION. <br />The Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all <br />claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act <br />or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this <br />contract. <br />4. INDEPENDEN7 CONTRACTOR. 4 CCR 801-2 <br />THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR <br />AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF TI-� <br />CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. <br />CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND <br />LOCAL HEAD TAX ON ANY MONIES PAID BY T`HE STATE PURSUANT TO THIS CONTRACT. <br />CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED <br />TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY <br />PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE <br />SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO <br />BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY <br />SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' <br />COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) <br />AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND <br />SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND <br />AGENTS. <br />5. NON-DlSCRIMINATION. <br />The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting <br />discrimination and unfair employment practices. <br />6. CHOICE OF LAW. <br />The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the <br />interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not <br />incorporated herein by reference, which provides for arbitration by any extra judicial body or person or which is <br />otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in <br />any provision incorporated herein by reference which purports to negate this ar any other special provision in whole <br />or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or <br />otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder <br />of this contract to the extent that the contract is capable of execution. <br />At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and <br />State laws, rules, and regulations that have been or may hereafter be established. <br />Page 3 of 5 <br />