UCRIP Cost Share Contract w/ CRWCD

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No term or condition of this contract shat! be construed .or interpreted as a waiver, express or implsed, of any of the immunities, rights, benefits, protection, or other provisions for the parties, of the. Colorado Governmental Immunity Act, CRS 24-10-101 et seq. or the Federal Tort Claims_ Act, 28 U.S.C. 2fi71 et seq. as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801 2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD -PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR-IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE} AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. NON-DISCRIMINATION. The Contractor agrees to comply with the Letter and the spirit of- all applicable state and federal laws respecting discrimination and unfair empbyment practices. fi. CHOICE OF LAW. The taws of the State of Colorado and rotes and regulations issued pursuant thereto shaft be applied in the interpretation, execution; and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra judiaal body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered Holt and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other speaal provision to iNhole or in part stialt- be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void b"y the operation of this provision will not invalidate the n3mainder of this contract to the extent that the contract is capable of execution. At all times during the perFormance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 7. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00 No State or other public funds payable under this Contract shalt be used for the acquisition, operation or maintenance of computer software in violation of United States copyright taws or applicable licensing _ restrictions. The Contractor hereby certifies that, for the term ~ of this contract ~ and any extensions, the Contractor has in place appropriate systems and controls tai prevent such improper use of public funds. If the State determines that the Contractor is-in ~viotation of #his paragraph, the.State may exercise any remedy available at law or equity or under this contract, including, without limitation, irnrnediate termination of the contract and any remedy-consistent with United States copyright taws pr applicable licensing restrictions. - - _ 8. EMPLOYEE FINANCIAL fNTEREST. CRS 24-18-204 ~ CRS 24-50-507 The signaTories aver tha± to their knowledge, ~no employee of the State of Colorado has any -personal or beneficial interest whatsoe~rer in the service or property described herein. 9