|
<br />follows: PROJECT Finish: 4 years from the Effective Date of this Contract.
<br />
<br />Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance, or
<br />contradiction between the provisions of this Amendment and any of the provisions of the
<br />ORIGINAL CONTRACT, the provisions of this Amendment shall in all respects supersede,
<br />govern, and control. The SPECIAL PROVISIONS shall always be controlling over other
<br />provisions in the contract or amendments. The representations in the SPECIAL
<br />PROVISIONS concerning the absence of bribery or corrupt influences and personal interest
<br />of STATE employees are presently reaffirmed.
<br />Financial obligations of the state payable after the current fiscal year are contingent upon
<br />funds for that purpose being appropriated, budgeted, and otherwise made available.
<br />This amendment shall not be deemed valid or effective until it shall have been approved
<br />by the controller of the State of Colorado or such assistant as he may designate.
<br />
<br />I
<br />
<br />SPECIAL PROVISIONS
<br />
<br />The Special Provisions apply to all contracts except where noted in italics.
<br />
<br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1). This contract shall not be deemed valid until it has been
<br />approved by the Colorado State Controller or designee.
<br />
<br />2. FUND AVAilABILITY. CRS 24-30-202(5.5). Financial obligations of the State payable after the current fiscal
<br />year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
<br />
<br />3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and agents,
<br />against any and all claims, damages, liability and court awards including costs, expenses, and attomey fees and
<br />related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or
<br />assignees pursuant to the terms of this contract.
<br />
<br />[Applicable Only to Intergovernmental Contracts] No term or condition of this contract shall be construed or
<br />interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions,
<br />of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671
<br />et seq., as applicable, as now or hereafter amended.
<br />
<br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties hereunder as an
<br />independent contractor and not as an employee. Neither contractor nor any agent or employee of contractor shall
<br />be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all required
<br />employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this contract.
<br />Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits
<br />unless contractor or a third party 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 bind the state to any agreement,
<br />liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in force workers'
<br />compensation (and provide proof of such insurance when requested by the state) and unemployment compensation
<br />insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and
<br />agents.
<br />
<br />5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and
<br />federal laws respecting discrimination and unfair employment practices.
<br />
<br />6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall
<br />be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether
<br />or not 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 or 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 />
|