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SPECIAL PROVISIONS
<br />The Special Provisions apply to ai contracts except where noted fair
<br />1. CONTROLLER'S APPROVAL. CRS 24 -30 -202 (1), This contract shall not be deemec valid unt it has bee- approved by the
<br />Colorado State Controller or cesig-ee.
<br />2. FUND AVAILABILITY. CRS 24 -30- 202(5.5). Financial obligations of the State payable after the current fisca` yea- are
<br />contingent apon fends for that purpose being appropriated, budgeted, and otherwise made available,
<br />3. INDEMNIFICATION. Contractor shall Fridemnify, save, and hold harmless the State, its employees and agents, against any
<br />and all claims, damages, liability and tout awards including costs, expenses, and arorney fees and related costs, incarred as a
<br />result of any act or omiss Dy Contractor, or its employees, agents, subcontractors, or assignees Dursuant to the terns of this
<br />contract.
<br />[Applicable Only to Intergovernmental Contracts] No term o conditcn of t ^is contract shall be co-stn.ec or interpreted as a
<br />waiver, express o Implied, o- a-y of the immunities, rights, benefits, protection, o, other provisions, of the Colorado Governmental
<br />Immunity Act, CRS 24 -1G -101 et seq., or -,e Fede:a Tort Claims Act, Z£ U.S.C. 2671 et seq., as applicable, as now or nereafter
<br />amended.
<br />4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2. Contractor shaP perform its duties hereunder as an independent contractor
<br />and not as an employee. Neither contractor nor any agent or employee of contractor shat+ be or shall pe ceer to De an agent or
<br />emp' -ogee of the state. Contractor shall pay when due all required employment taxes and income taxes and Iota` head taxes on
<br />any monies paid by the state pursuant to this contract, Contractor acknowledges that contractor and its e-np'oyees are not entitled
<br />to unemployment insurance benefits unless contractor or a third party provides such coverage and that the state does not pay for
<br />of otherwise provide such coverage. Contractor steal. have no authorization, express or implied, to bind the state to any
<br />agreement, liability or understanding, except as expressly set forth herein. Contractor shall prowce and keep :n force workers'
<br />compensation (and provide proof of such insurance when requested "Dy the state) and unemployment compensation insurance in
<br />tre amounts 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 tr.e letter and the spirit of art applicable State and federal laws
<br />respecting discrimination and un °air employment practices,
<br />6. .CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied in
<br />the interpretation, execabon, and enforcement of this contract. Any provision of this contract, whether or not :^corporated herein
<br />by reference, which provides for arbitration by any extra - judicial body or person or which is otherwise in conflict with said laws,
<br />rules, and regulations shall be considered null and void. Nothing contained in any provision incorpozated -e:-e.- by reference which
<br />purports to negate this or any other special provision in whole or in pair shall be valid of enforceable or available in any action at
<br />law, whet zer by way of complaint, defense, or otherwise, Any provision rendered null and void by the operation of this provision
<br />will not Invalidate the r•ema•nder of this contract, to the extent that this contract is capable of execution At all times durng the
<br />performance of this contract, Contracto- shall stric^y adhere to a l applicable federal and State laws, r.,les, and regulations that
<br />have been or may hereafter be established.
<br />7. lNot Applicable to Intergovernni'ental Contracts] VENDOR OFFSET. CRS 24 -30 -202 (1) and 24- 30- 202.4. The
<br />State Controller may withhold payment of certain debts owed to State agencies under the vendor offset ntercept system for; (a)
<br />unpaid child support debt or chid support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specked in
<br />Aaticle 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Ec.,cation; (d) amounts
<br />required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or its agencies, as a
<br />result of final agency determination or .- to judgment, as certified by the State Controller.
<br />S. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order O 002 00. No State o• other public funds payable
<br />under this contract shat= be used for the acquisition, operation, or maintenance of computer so=t.wa-e in violation of federal
<br />copyright laws or applicable licensing restrictions, Contractor hereby cert`Cres that, for the term of this ccn:ract a -I any extensions,
<br />Contractor has in place appropriate systems and controis to prevent such improper use of public fu ^ds. If t?e State determines
<br />t ^at Contractor is in violation of this paragraph, the State may exercise any { emedy available at la o equity o. under this
<br />contract, root -ading, without limitation, immediate termination of this contract and any remedy consistent w ^it- federal copyright laws
<br />or app "cable licensing r•estrictons.
<br />4. EMPLOYEE FINANCIAL INTEREST. CRS 24 -18 -201 and 24 -50 -507, Tne signatories aver t -at to tnex knowledge, no
<br />employee of the State has any personal or beneficial interest whatsoever in the service or property described - this contract.
<br />10. Not Applicable to Intergovernmental Contracts'. ILLEGAL ALIENS - PUBLIC CONTRACTS FOR SERVICES AND
<br />RESTRICTIONS ON PUBLIC BENEFITS. CRS 8 -17.5 -101 and 24 -76.5 -101. Contractor certifies that it shall comply with the
<br />provisions of CRS 8 -17.5 -101 et seq. Contractor shall not knowingly employ or contact with an Ilega alien to perform work Winder
<br />this contract or enter into a contract with a subcontractor that {ails to certify to Contractor that the subcont•acto+ shall not
<br />knowingly employ or contract with an illegal alien to perform work under this contract Contractor epresents, warrants, and
<br />agrees tnat it (i) has verified that it does not employ any _Vega` aliens, through participation in the Basic Pilot Employment
<br />Verification Program administered by the Social Security Administration and Department of Homeland Securty, and (i) otherwise
<br />shall comply with the requ;, of CRS 8- 17.5- 102(2)(b), Contractor shall comply with all reasonable requests made in the
<br />course of an investigation. under CRS 8- 125.102 by the Colorado Department o° Labo and Employr -ent. Failure to Comply with
<br />any equirement of this provision cr CRS 8- 17.5 101 et seq., shall be cause for term patron for treat^ acct Cont'acto- snai. be liable
<br />fo actual and consequentia? damages.
<br />Contractor, if a nataral person eighteen (18) years of age or order, ^e eby swear•:, o• affi ms under per a :y of perjury t ^at he or sne
<br />(i) is a citizen or otherwise lawfully present ^ the United States pu suant to federal law, (ii) sha' comply with the provisions of CRS
<br />24- 76.5 -1C1 et seq and (iii) shall produce one form of identification regared by CRS Z4 -76,5 -103 prior to the effectve date of
<br />Hs contract.
<br />Revised October 25, ZC06 Effective Date of Special Provisions: August 7, 2006
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