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