C150204 contract docs

• Contract/PO #: C150204
• Contractor Name: Southeast Colorado Resource Conservation & Development, Inc.
• Contract Type: Grant
• Bill Number: SB 05-084
• Loan Projects - Doc Type: Contract Documents

For the CWCB:
Colorado Water Conservation Board
Attn: Bruce Johnson
1580 Logan St., Suite 750
Denver, CO 80203
[phone]
For the GRANTEE:
Southeast Resource Conservation & Development, Inc.
Attn: Matt Heimerich
3505 S. Main St.
Lamar, CO 81052
[phone]
15. Order of Precedence. In the event of conflicts or inconsistencies between the provisions
of the Special Provisions set forth below the other provisions of this contract, the Special
Provisions. shall prevail.
16. Legal Authority. The GRANTEE warrants that is possesses the legal authority to enter
into this contract and has taken all actions required by its procedures, by-laws, and/or
applicable law to exercise that authority and to lawfully authorized its undersigned
signatory to execute this contract and to bind the GRANTEE to its terms.
17. Remedies. In addition to any other remedies provided in this contract, or available at law
or in equity, the State, upon ten (10) days prior written notice, may terminate this
contract and withhold payment to GRANTEE if the GRANTEE substantially fails to fulfill
its obligation under this contract.
SPeCia� PROV�s�oNS (1/1/05 version). State Fiscal Rule 3-1 requires the inclusion of these Special
Provisions in every STATE contract including grants.
1. CONTROLLER'S APPROVAL: CRS 24-30-202 (1)
This contract shall not be deemed valid until it has been approved by the Controller of the State
of Colorado or such assistant as he may designate.
2. Fl1ND AVAILABILITY. CRS 24-30-202 (5.5}
Financial obligations of the State of Colorado payable after the current fiscal year are eontingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available.
3. INDEMNIFICATION.
The GRANTEE shall indemnify, save, and hold harmless the State, its employees and agents,
against any and all claims, damages, liability and court awards including costs, expenses, and
attorney fees incurred as a result of any act or omission by the GRANTEE, or its employees,
agents, subcontractors, or assignees pursuant to the terms of this contract.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT
CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY
AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE
AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL
REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY
MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR
ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED
TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD
C�