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<br />SPECIAL PROVISIONS <br /> <br />(Not for Use with Inter-Governmental Contracts) <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 Colorado or <br />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 funds for <br />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 3nd agents, against any and all <br />claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of <br />any act or omission by the Contractor, or its employees, agents, subcontIactors, or assignees pursuant to the <br />tenus of this contIact <br /> <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2, Rule P 10-1-11 <br /> <br />THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN <br />EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR <br />SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONfRACTOR SHALL PAY WHEN DUE ALL <br />REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE <br />PURSUANT TO TIllS CONTRACT. CONTRACTOR ACKNOWLEOOES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE <br />NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES <br />SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. <br />CONfRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, <br />UABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONfRACTOR SHALL PROVIDE AND <br />KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE <br />STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE <br />SOLELY RESPONSffiLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. <br /> <br />S. NON-DISCRIMINATION. Governors Executive Order Augun 1987 <br /> <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 /> <br />6. CHOICE OF LAW. <br /> <br />The laws of the State of Colorado and rules and regQlations 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 <br />in any provision incorporated herein by reference which purports to negate this or any other special provision in <br />whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, <br />defense, or otherwise. Any provision rendered null and void by the operation of this provision will not <br />invalidate the remainder of this contIact to the extent that the contIact is capable of execution. <br /> <br />At all times dming the performance of this contract, the Contractor shall strictly adhere to all applicable federal <br />and State laws, rules, and regulations that have been or may hereafter be established. <br /> <br />7. VENDOR OFFSET. CRS 24-30-202 (1) &CRS 24-30-202.4 <br /> <br />Pursuant to CRS 24-30-202.4 (as amended), the State Controller may withhold debts owed to State agencies <br />under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages~ (b) <br />unpaid balance of tax, accrued interest, or other charges specified in Article 21, Title 39, CRS~ (c) unpaid loans <br />due to the Student Loan Division of the Department of Higher Education; (d) owed amounts required to be paid <br />to the Unemployment Compensation Fund~ and (e) other unpaid debts owing to the State or any agency thereof, <br />the amount of which is found to be owing as a result of final agency determination or reduced to judgment as <br />certified by the controller. <br /> <br />8. EMPLOYEE FINANCAL INTEREST. CRS 24-18-201 & CRS 24-50-507 <br /> <br />The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or <br />beneficial interest whatsoever in the service or property described herein. <br /> <br />Appendex A <br />