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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
<br />until it has been approved by the Colorado State Controller or designee.
<br />2. FUND AVAILABILITY. CRS 24-30.202(5.�. Financial obligations of the Sta.te payable after
<br />the 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
<br />employees and agents, against any and all claims, damages, liability and court awards including costs,
<br />expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or
<br />its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
<br />(Applicable Only to Intergovernmental 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 perform its duties
<br />hereunder as an independent contractor and not as an employee. Neither contractor nor any agent or
<br />employee of contractor shall be or shall be deemed to be an agent or employee of the state. Contractor
<br />shall pay when due all required employment taxes and income taares and local head taxes on any monies
<br />paid by the state pursuant to this contract. Contractor acknowledges that contractor and its employees
<br />are not entitled to unemployment insurance benefits unless contractor or a third party provides such
<br />coverage and that the state does not pay for or otherwise provide such coverage. Contractor shall have
<br />no authorization, express or implied, to bind the state to any ageement, liability or understanding, except
<br />as expressly set forth herein. Contractor shall provide and keep in force workers' compensation (and
<br />provide proof of such insurance when requested by the state) and unemployment compensation insurance
<br />in the amounts required by law and sha11 be solely responsible for its acts and those of its employees and
<br />agents.
<br />5. NON-DISCRIIVIINATION. Contractor agrees to comply with the letter and the spirit of all
<br />applicable State and 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
<br />pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any
<br />provision of this contract, whether or not incorporated herein by reference, which provides for arbitration
<br />by any extra judicial body or person or which is otherwise in conflict with said laws, rules, and
<br />regulations shall be considered null and void. Nothing contained in any provision incorporated herein by
<br />reference which purports to negate this or any other special provision in whole or in part shall be valid or
<br />enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any
<br />provision rendered null and void by the operation of this provision will not invalidate the remainder of
<br />this contract, to the extent that this contract is capable of execution. At all times during the performance
<br />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 Applicable to Intergovernmental Contracts] VENDOR OFFSET. CRS 24-30-202 (1)
<br />and 24-30-202.4. The Sta.te Controller may withhold payrnent of certain debts owed to State agencies
<br />under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b)
<br />unpaid balances of tax, accrued interest, or other charges specified in Article 21, Title 39, CRS; (c)
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