Laserfiche WebLink
� <br />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 corrtract sFiall not be deemed valid until it has <br />been approved by the Calorado State Controller or designee. <br />2. FUND AVAILABILITY. CRS 24-30-202(5.5). Finanaal obligations of the State payable after the current <br />fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and othervvise made <br />available. <br />3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and <br />agents, against any and all claims, damages, liability and court awards induding costs, expenses, and attomey <br />fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, <br />subcontractors, or assignees pursuant to the terms of this contract. <br />(Applicable Onty to Intergovernr�ental Contracts] No term or condition of this con#ract shall be construed or <br />interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other <br />provisions, of the Colorado Govemmental Immunity Act, CRS 2410-101 et seq., or the Federal Tort Claims Act, <br />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 contractor <br />shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all required <br />employmerrt ta�ces and income taxes and local head taxes on any monies paid by the state p�rsuarrt to this <br />oontract. Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance <br />benefits unless contractor or a third party provides such coverage and that the state does not pay for or othervvise <br />provide such coverage. Contractor shall have no authorization, express or irrtplied, to bind the st�te to any <br />agreement, liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in <br />force workers' compensation (and provide proof of such insurance when requested by the state) and <br />unemployment compensation insurance in the amounts required by law and shall be solely responsible for its <br />acts and those of its empbyees and agents. <br />5. NON-DISCRIMINATION. Contractor agrees to comply with the 12tter and the spirit of all applicable State and <br />federal laws respecting discrimination and unfair employment practices. <br />6. CHOICE OF LAW. The laws of the State of Colwado, and rules and regulations issued pursuaM thereto, <br />shall be applied in the interpretation, execution, and enforcement of this contract. My provision of this corrtract, <br />whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or <br />person or which is othervvise in conflict with said laws, rules, and regulations shall be considered nult and void. <br />Nothing contained in any provision incorporated herein by reference which purports to negate this or any other <br />special provision in whole or in part shall be valid or enforceable or available in any action at law, whether by way <br />of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will <br />not invalidate the remainder of this contract, to the extent that this contract is capable of execution. At all times <br />during the performance of this contract, Contractor shall strictly adhere to all applicable federal and State laws, <br />rules, and regulafions that have been or may hereafter be established. <br />7. [Not Applicable to Intergovemmental Contracts] VENDQR OFFSET. CRS 24-30-202 (1) and 24-30- <br />202.4. The State Controller may withhold payment of certain debts owed to State agencies under the vendor <br />offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balances of tax, <br />accrued interest, or other charges specified in Article 21, Title 39, CRS; (c) unpaid Ioans due to the Student Loan <br />Division of the Department of Higher Education; (d) amouMs required to be paid to the Unemployment <br />Compensation Fund; and (e) other unpaid debts owing to the State or its agencies, as a result of final agency <br />deterrnination or reduced to judgment, as certified by the State Controller. <br />8. SOFTWARE PIR�4CY PROHIBITION. Governor's Executive Order D 002 Od. No State or other public <br />funds payable under this contract shall be used for the acquisition, operation, or maintenance of computer <br />Grant Contract No. C150227 <br />Page 5 of 7 <br />