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SPECIAL PROVISION~ I <br />(Not for Use with Inter-Governmental Contracts) <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 <br />such assistant as he may designate. <br />2. FUND AVAILABILTTY. CRS 24-30-202 (5.~ <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 />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 attomey fees incurred as a result of <br />any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the <br />terms of this contract <br />4. INDEPENDENT CONTRACTOR 4 CCR 801-2, Rule P 10-1-11 <br />THE CONTRACTOR SHALL PERFORM TTS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN <br />EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF Tf~ CONTRACTOR SHALL BE OR <br />SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE Ai"i. <br />REQUII2ED EMPIAYMENT T.4XES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE <br />PURSUANT TO THIS CONTR4CT. CONTRACTOR ACKNOWLEDGES THAT TF~ CONTRACTOR AND TTS EMPLOYEES ARE <br />NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES <br />SUCH COVERAGE AND THAT TI~ STATE DOES NOT PA OR OR OTHERWISE PROVIDE SUCH COVERAGE. <br />CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXP LIED, TO BIND TI~ STATE TO ANY AGREEMENTS, <br />LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRE Y TH HEI2EIN. CONTRACTOR SHALL PROVIDE AND <br />KEEP IN FORCE WORKERS' COMPENSATION ( OOF OF CH INSURANCE WHEN REQUESTED BY THE <br />STATE~ AND UNEMPLOYMENT COMPENSATION S ~C.E~INSI~ ~S REQUIItED BY LAW, AND SHALL BE <br />SOLELY RESPONSIBLE FOR THE ACTS OF THE CO CTO S~~.0 AND AGENTS. <br />5. NON-DISCRIlVIINATION. Govemors Ez e~r~gu~t 1987 <br />The contractor agrees to comply with the 1 the spirit of all applicable state and federal laws respecting <br />discri~„inar;on and unfair employment practi . <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 />interpretadon, execution, and enforcement of this contract Any provision of ttus 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 i.ncorporated herein by reference wluch purports to negate ttris 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 com~laint, <br />defense, or otherwise. Any provision rendered null and void by the operation of this provision will not <br />invalidate the remainder 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 <br />and State laws, rules, and regulations that have been or may hereafter be established <br />7. VENDOR OFFSET. CRS 24-30-202 (1) &CRS 24-30-2b2.4 <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; <br />unpaid balance of tax, accrued interest, or other charges specified in Article 21, Tifle 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 />8. EMPLOYEE FINANCAL INT'EREST. CRS 24-18-201 & CRS 24-50-507 <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 />Appendea A <br />