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Colorado's Contract Amendment Terms and Conditions
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Colorado's Contract Amendment Terms and Conditions
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Last modified
1/26/2010 4:39:27 PM
Creation date
6/23/2009 10:46:25 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8561.350
Description
Legislation
State
CO
Basin
South Platte
Water Division
1
Date
3/23/2001
Author
CO and CWCB, Nebraska Community Foundation
Title
Colorado's Contract Amendment Terms and Conditions
Water Supply Pro - Doc Type
Contract/Agreement
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t ' <br />f w. <br />{ <br />Aftachment N <br />State of Nebraska's GeneraI Proyisions Compliance with Civil Rights Laws and Equal Opportunity Employment. T'he Fovndation cnust comply with the <br />Nebraska Fair Employment Practice Act and Titie VJ of the Civil ?Ughts Act oF 1964, as arnended, so that no person <br />shall, on the grounds of age, creed, sex, physical handicap, raca or national origin be excluded from paricipation in, be <br />denied the benef ts of, or be otherwise subjected to discrimination underihis Agreemeni or under any praject, program <br />or activity sugported by ihis Agreement. The Foundation further agrees t4 inctude simiiar provisions in all subcontracts <br />for services allowed in connection with this Aareement. Independent Contractor. It is a,greed that nothir.g contained herein is intended ar should be construed in any manner as <br />creating ar establishing the relationship of partners between the parties hereto, The Foundation represents that it has, <br />or will secure at its own expense, a11 personnel required to perform the service5 under this Agreement. The <br />Foundatiol's personnel or other persons engaged in work ar services for the Faundation under this Agreement shall <br />'liave no aontractual relationship with the Statc of NebrgLska (State), and shall not he cflnsidered employees of the 5tate. <br />$old Harmtess Clause. All claims on behalf of any person arising out pf employment or aJleged employment (inclucing <br />without limit, clairns of discrirnination against the Foundation, its officers or its agents) shali in no v?ray be the <br />responsibility of the State. The Foundation will hold the State harmless from any and all such claims. Such personnel <br />or o:her persons shall not requirc nor be entitled to any compensatian, rights ar benef ts from the State including • <br />without tinic, tenure rights, medical and hospital care, sick and vacation leave, severance pay and retirement benefits. <br />The Foundation also agrees to hold the State'harmless for all loss or damage sustained by ar,y person as a direct result <br />of the negligent or willful acu by the Foundation, its employecs or agenu in the perforrnance of this Agreement <br />including all associattd costs of defending any action. <br />Insurance. The Foundation is required to pracure and maintain the insurance coverage {isted bolow. Proof of insurance <br />must be subm?irted on certifrcates showingthe following coverage: <br />Standard Worker's Cornpensation and Employer Liability, as requi-ed by State statute including'occupational disease, <br />covering a11 cmployees at the work site. . <br />Generai Liabiliry (Public Liability aad Propeny L' amage)-N.inimum: (1) combined single limit of S600,000 written on <br />an occurrence basis; (2) any aggregate will not be less than $] million; (3) the Foundation must purchaso additional <br />insurancc if claims reduce the annual •aggregate below $540,000; (4) The State of Nebraska musi be named 2s <br />additianal insured on each comprehensive general liabiliry policy; (5) ccrtificates of insurance and additional insured <br />endorsements rnusi be provided to the State within 10 working days after t}tis agreement is 5igned; and (6) insurance <br />shail include provisioas providing notification ta the State 10 days prior to the canaellation of the cove-age. <br />Automobila Liab?tity-Minimum: The Foundation must carry a min'smum of $600,000 combined singje Iimit. <br />The Stau must be named as an Additional Insured on the ceriificate of insurance. An Additional Insured Endorsement <br />arnending such poliey or policies nust be on ftlo with the Natural Resources Cammission during the te;rn of the <br />Agreement. <br />Governin; Law, ?his a,reement shail be goVernea in all respecis refevant to the relationship between the Foundation <br />and the State of Nebraska by the laws and statutes of the State of Nebraska. Any lega1 proceedings acainst the State <br />reearding this Agreemeni shai: be brough; in the State of Nebraska adminiscrative or judicia] forums, The Foundacion <br />must be in comptiance with a!1 Nehraska statutory and regulatory law. The Fonndation shall use. its best efforts to . <br />ensure that its employees; azencs and subconcractors cornp3y with site rv}es and regvtations ??hile on State prem:ses. <br />Severabiiiry. if any term or condition af this Agreement or the application thereo; ia an; person(s) or circumstances is <br />held invalit, such invalidity shail not affect the othcr terrns, cenditions or app}ieations which can be given effect <br />withaut :he invalid term, condicion or apptication. 7"o this end, the Terrns and Conditions of the Ag-eer.^.eit are declared
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