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Last modified
8/4/2011 3:34:01 PM
Creation date
7/21/2010 1:46:16 PM
Metadata
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Loan Projects
Contract/PO #
C150149
Contractor Name
Silt Water Conservancy District
Contract Type
Loan
Water District
39
County
Garfield
Loan Projects - Doc Type
Contract Documents
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� <br />❑ <br />in the SPECiA� PROVisiorvs concerning the absence of bribery or corrupt influences and <br />personal interest of STaTE employees are presently reaffirmed. <br />9. Financi�l obligations of the state payable after the current fiscal year are contingent <br />upon funds for that purpose being appropriated, budgeted, and otherwise made <br />available. <br />10. This amendment shall not be deemed valid or effective until it shall have been <br />approved by the controller of the State of Colorado or such assistant as he may <br />designate. <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 contract shall not be deemed valid until it <br />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 the <br />current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and <br />otherwise made available. <br />3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees <br />and agents, against any and all claims, damages, liability and court awards including costs, expenses, and <br />attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its <br />employees, agents, subcontractors, or assignees pursuant to the terms of this contract. <br />�Applicable On/y to Intergovemmental Contractsj 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 seq., or <br />the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall pertorm its duties hereunder as an <br />independent contractor and not as an employee. Neither contractor nor any agent or employee of <br />contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when <br />due all required employment taxes and income taxes and local head taxes on any monies paid by the <br />state pursuant to this contract. Contractor acknowledges that contractor and its employees are not <br />entitled to unemployment insurance benefits unless contractor or a third party provides such coverage and <br />that the state does not pay for or othervvise provide such coverage. Contractor shall have no authorization, <br />express or implied, to bind the state to any agreement, liability or understanding, except as expressly set <br />forth herein. 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 amounts <br />required by law and shall be solely responsible for its acts and those of its employees and agents. <br />5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable <br />State and federal laws respecting discrimination and unfair employment practices. <br />6. CHOICE OF LAW. The taws of the State of Colorado, and rules and regulations issued pursuant <br />thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of <br />this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra- <br />judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be <br />considered null and void. Nothing contained in any provision incorporated herein by reference which <br />purports to negate this or any other special provision in whole or in part shall be valid or enforceable or <br />available in any action at law, whether by way of complaint, defense, or othenaise. Any provision rendered <br />null and void by the operation of this provision will not invalidate the remainder of this contract, to the <br />Page 3 of 5 <br />
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