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Arkansas - UAWCD Telemetry Data Collection_Notice to Proceed & Contract
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Arkansas - UAWCD Telemetry Data Collection_Notice to Proceed & Contract
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Last modified
10/10/2012 8:32:22 AM
Creation date
5/14/2009 1:58:45 PM
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WSRA Grant and Loan Information
Basin Roundtable
Arkansas
Applicant
Upper Arkansas Water Conservancy District
Description
Telemetry Data Collection Platforms at Six Reservoirs plus Flow Control Equipment and Gauging at Six
Account Source
Basin & Statewide
Board Meeting Date
9/17/2008
Contract/PO #
150439
WSRA - Doc Type
Contract Documents
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SPECIAL PROVISIONS <br />These 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 valid until it has been <br />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 otherwise <br />made available. <br />3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted <br />as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, <br />of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 <br />U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. <br />4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent <br />contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be <br />deemed to bean agent or employee of the State. Contractor and its employees and agents are not entitled <br />to unemployment insurance or workers compensation benefits through the State and the State shall not <br />pay for or otherwise provide such coverage for Contractor or any of its agents or employees. <br />Unemployment insurance benefits will be available to Contractor and its employees and agents only if such <br />coverage is made available by Contractor or a third parry. Contractor shall pay when due all applicable <br />employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor <br />shall not have authorization, express or implied, to bind the State to any agreement, liability or <br />understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force workers' <br />compensation and unemployment compensation insurance in the amounts required by law, (b) provide <br />proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its <br />employees and agents. <br />5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, <br />rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to <br />discrimination and unfair employment practices. <br />6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in <br />the interpretation, execution, and enforcement of this contract. Any provision included or incorporated <br />herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any <br />provision incorporated herein by reference which purports to negate this or any other Special Provision in <br />whole or in part shall not be valid or enforceable or available in any action at law, whether by way of <br />complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision <br />shall not invalidate the remainder of this contract, to the extent capable of execution. <br />7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration <br />by any extra judicial body or person. Any provision to the contrary in this contact or incorporated herein by <br />reference shall be null and void. <br />8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public <br />funds payable under this contract shall not be used for the acquisition, operation, or maintenance of <br />computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor <br />hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and <br />shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If <br />the State determines that Contractor is in violation of this provision, the State may exercise any remedy <br />available at law or in equity or under this contract, including, without limitation, immediate termination of this <br />contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. <br />9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. <br />The signatories aver that to their knowledge, no employee of the State has any personal or beneficial <br />interest whatsoever in the service or property described in this contract. Contractor has no interest and <br />Page 12 of 14 <br />
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