|
• s
<br />SPECIAL PROVISIONS
<br />The Special Provisions apply to ali contracts except where noted in italics.
<br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1). This contrad shali not be deemed valid until it has been
<br />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 current fiscal
<br />yea� are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
<br />3. INDEMNIFICATION. Contrador shall indemnify, save, and hold hartnless the State, its employees and
<br />agents, against any and all claims, damages, liability and court awards including 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, w assignees pursuarrt to the tertns of this contract.
<br />(Applicab/e Onty to Iniiergovemmenial Contracisj No ter►n or condition of this contract shall be constn.�ed 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 2�t-10-101 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. Contrador shail perfonn its duties hereunder as an
<br />independent contractor and not as an employee. Neither contractor nor any agent or employee of contractor shall
<br />be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due ali required
<br />employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this
<br />contract. 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, e�ress or impiied, to bind the state to any
<br />agreement, liabilily or understanding, except as expressly set forth herein. Contrador shall provide and keep in
<br />force woricers' compensation (a�d 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 acts
<br />and those of its employees and agents.
<br />5. NON-0ISCRIMINATION. Contractor agrees to comply with the letter 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 Colorado, and rules and regulations issued pursuant thereto,
<br />shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract,
<br />whether or not incorporated herein by reference, which provides for arbitration by any extra judicial body or person
<br />or which is otherwise in conflict with said laws, rules, and reyulations shall be considered null and void. Nothing
<br />contained in any 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 by way of
<br />complaint, defense, or otherwise. Any provision rendered null and void by the operation of thi5 provision will not
<br />invalidate the remainder of this contract, to the extent that this contract is capable of execution. At all times during
<br />the performance of this contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and
<br />regulations that have been or may hereafter be established.
<br />7. [Not Applicab/e to Inte�govemmeMa/ Contracts] VENDOR OFFSET. CRS 2430-202 (1) and 24�0-
<br />202A. 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 loans due to the Student Loan
<br />Division of the Department of Higher Education; (d) amounts 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 />determination or reduced to judgment, as certified by the State Controller.
<br />8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. No State or other public
<br />funds payable under this cont�act shatl be used for the acquisition, operation, or maintenance of computer
<br />software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies that,
<br />for the term of this contract and any extensions, Contractor has in ptace appropriate systems and controis to
<br />Loan Contract C150240
<br />Page 9 of 11
<br />
|