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Lower Logan Weli Users, Inc. <br />Attn: Brad Stromberger, President <br />P. O. Box 1065, Sterling, CO 80751 <br />970-522-6511 <br />J. SPECIAL PROVISIONS State Fiscal Rule 3-1 requires the inclusion of these Special <br />Provisions in every STATE contract, including contracts for nonreimbursable <br />expenditures. <br />�Not for Use with Inter-Governmental Contracts) <br />CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br />This contract shall not be deemed valid until it has been approved by the Controller of <br />the State of Colorado or such assistant as he may designate. <br />2. FUND AVAILABILITY. CRS 24-30-202 (5.5) <br />Financial obligations of the State of Colorado payable after the current fiscal year are <br />contingent upon funds for that purpose being appropriated, budgeted, and otherwise <br />made available. <br />3. INDEMNIFICATION. <br />The Contractor shall indemnify, save, and hold harmless the State, its employees and <br />agents, against any and all claims, damages, liability and court awards including costs, <br />expenses, and attorney fees incurred as a result of any act or omission by the <br />Contractor, or its employees, agents, subcontractors, or assignees pursuant to the <br />terms of this contract. <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br />THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN <br />INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE <br />CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL <br />BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. <br />CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES <br />AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE <br />PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE <br />CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT <br />INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY <br />PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR <br />OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO <br />AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY <br />AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET <br />FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE <br />WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE <br />WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION <br />INSURANCE IN THE AMOUNTS REQUIRED BY LAV11, AND SHALL BE SOLELY <br />RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND <br />AGENTS. <br />Page 3 of 5 <br />