C150312 contract docs

• Contract/PO #: C150312
• Contractor Name: Swan's Nest Metropolitan District - Water Enterprise
• Contract Type: Loan
• Water District: 36
• County: Summit
• Loan Projects - Doc Type: Contract Documents

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Colorado Water Conservation Board
' Attn: Construction Fund Section
1313 Sherman Street, Room 721
Denver, CO 80203
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i3. Suppiemental Public Securities Act. The BoRROwER hereby elects to apply all of
the provisions of the Supplemental Public Securities Act, found at Title 11, Article 57,
Part 2, C.R.S. to this Contract. This recital shall be conclusive evidence of the validity
and the regularity of the District's execution of this Contract after its delivery for value.
SPECIAL PROVISIONS
These Special Provisions apply to all contracts except where noted in italics.
1. CONTROLIER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been
approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the
current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available.
3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted
as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of
the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28
U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR. Swan's Nest Metropolitan District ("Contractor") shall perform its
duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent
or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor and its
employees and agents are not entitled to unemployment insurance or workers compensation benefits
through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any
of its agents or employees. Unemployment insurance benefits will be available to Contractor and its
employees and agents only if such coverage is made available by Contractor or a third party. Contractor
shall pay when due all applicable employment taxes and income taxes and local head taxes incurred
pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to
any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide
and keep in force workers' compensation and unemployment compensation insurance in the amounts
required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its
acts and those of its employees and agents.
5. COMPLIANCE WtTH LAW. Contractor shall strictly comply with all applicable federal and State laws,
rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in
the interpretation, execution, and enforcement of this contract. Any provision included or incorporated
herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any
provision incorporated herein by reference which purports to negate this or any other Special Provision in
whole or in part shall not be valid or enforceable or available in any action at law, whether by way of
complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision
shall not invalidate the remainder of this contract, to the extent capable of execution.
Loan Contract C150312
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