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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
<br />until it 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
<br />the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted,
<br />and otherwise made available.
<br />3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its
<br />employees and agents, against any and all claims, damages, liability and court awards including
<br />costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission
<br />by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of
<br />this contract.
<br />jApplicab/e 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
<br />seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter
<br />amended.
<br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties
<br />hereunder as an independent contractor and not as an employee. Neither contractor nor any
<br />agent or employee of contractor shall be or shall be deemed to be an agent or employee of the
<br />state. Contractor shall pay when due all required employment taxes and income taxes and local
<br />head taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges
<br />that contractor and its employees are not entitled to unemployment insurance benefits unless
<br />contractor or a third party provides such coverage and that the state does not pay for or otherwise
<br />provide such coverage. Contractor shall have no authorization, express or implied, to bind the
<br />state to any agreement, liability or understanding, except as expressly set forth herein.
<br />Contractor shall provide and keep in force workers' compensation (and provide proof of such
<br />insurance when requested by the state) and unemployment compensation insurance in the
<br />amounts required by law and shall be solely responsible for its acts and those of its employees
<br />and agents.
<br />5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all
<br />applicable 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
<br />pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this
<br />contract. Any provision of this contract, whether or not incorporated herein by reference, which
<br />provides for arbitration by any extra judicial body or person or which is otherwise in conflict with
<br />said laws, rules, and regulations shall be considered null and void. Nothing contained in any
<br />provision incorporated herein by reference which purports to negate this or any other special
<br />provision in whole or in part shall be valid or enforceable or available in any action at law, whether
<br />by way of complaint, defense, or otherwise. Any provision rendered null and void by the
<br />operation of this provision will not invalidate the remainder of this contract, to the extent that this
<br />contract is capable of execution. At all times during the performance of this contract, Contractor
<br />shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been
<br />or may hereafter be established.
<br />7. [NotApplicab/e to /ntergovernmental Contracts] VENDOR OFFSET. CRS 24-30-202 (1)
<br />and 24-30-202.4. The State Controller may withhold payment of certain debts owed to State
<br />agencies under the vendor offset intercept system for: (a) unpaid child support debt or child
<br />support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in
<br />Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of
<br />Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund;
<br />Grant Contract No. C150232
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