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SPECIAL PROVISIONS
<br />The Special Provisions apply to all Contracts except where noted in italics.
<br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1). This Contract shall not be deemed valid until it
<br />has been approved by the Colorado State Controller or designee.
<br />2. FUND AVAILABILITY. CRS 24-30-202(5.5). Financial obligations of the State payable after the
<br />current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and
<br />otherwise made available.
<br />3. INDEMNIFICATION. To the extent allowed by law, Contractor shall indemnify, save, and hold
<br />harmless the State, its employees and agents, against any and all claims, damages, liability and court
<br />awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or
<br />omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of
<br />this Contract.
<br />(Applicable Only to Intergovernmental Contracts] No term or condition of this Contract shall be
<br />construed or interpreted as a waiver, express or implied; of any of the immunities, rights, benefits,
<br />protection, or other provisions, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq., or
<br />the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended.
<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
<br />Contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay
<br />when due all required employment taxes and income taxes and local head taxes on any monies paid by
<br />the state pursuant to this Contract. Contractor acknowledges that Contractor and its employees are not
<br />entitled to unemployment insurance benefits unless Contractor or a third party provides such coverage
<br />and that the state does not pay for or otherwise provide such coverage. Contractor shall have no
<br />authorization, express or implied, to bind the state to any agreement, liability or understanding, except as
<br />expressly set forth herein. Contractor shall provide and keep in force workers' compensation (and
<br />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
<br />employees and agents.
<br />5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable
<br />State and federal laws respecting discrimination and unfair employment practices.
<br />6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant
<br />thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision
<br />of this Contract, whether or not incorporated herein by reference, which provides for arbitration by any
<br />extra-judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall
<br />be 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 byway of complaint, defense, or otherwise. Any provision
<br />rendered null and void by the operation of this provision will not invalidate the remainder of this Contract,
<br />to the extent that this Contract is capable of execution. At all times during the performance of this
<br />Contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations
<br />that have been or may hereafter be established.
<br />7. [NofApplicab/e to Intergovernmental Contracts] VENDOR OFFSET. CRS 24-30-202 (1) and 24-
<br />30-202.4. The State Controller may withhold payment of certain debts owed to State agencies under the
<br />vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid
<br />balances 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) amounts required to be paid
<br />to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or its agencies,
<br />as a result of final agency determination or reduced to judgment, as certified by the State Controller.
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