C150157 contract docs ‎(2)‎

• Contract/PO #: C150157
• Contractor Name: Grand Mesa Reservoir Company
• Contract Type: Loan
• County: Mesa
• Loan Projects - Doc Type: Contract Documents

(BORROWER Information) of the Project Summary, for the BoRROwER and to the
address below for the CWCB:
Colorado Water Conservation Board
Attn: Construction Fund Section
1313 Sherman Street, Room 721
Denver, CO 80203
SPECIAL PROVISIONS (7/03 version). State Fiscal Rule 3-1 requires the inclusion of these Special
Provisions in every STATE contract, including grants.
1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1)
This contract shall not be deemed valid until it has been approved by the Controller of the State
of Colorado or such assistant as he may designate.
2. FUND AVAILABILITY. CRS 24-30-202 (5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available.
3. INDEMNIFICATION.
The BORROWER shall indemnify, save, and hold harmless the State, its employees and agents,
against any and all claims, damages, liability and court awards including costs, expenses, and
attorney fees incurred as a result of any act or omission by the BoRROwER, or its employees,
agents, subcontractors, or assignees pursuant to the terms of this contract, or as a result of the
CWCB's interest in the PRO�ECT facilities and any other property identified in Section 6(Collateral)
of the Project Summary.
4. NON-DISCRIMINATION.
The BoRROwER agrees to comply with the letter and the spirit of all applicable state and federal
laws respecting discrimination and unfair employment practices.
5. CHOICE OF LAW.
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be
applied in the interpretation, execution, and enforeement of this contract. Any provision of this
contract, whether or not incorporated herein by reference, which provides for arbitration by any
extra-judicial body or person or which is otherwise in conflict with said laws, rules, and
regulations shall be considered null and void. Nothing contained in any provision incorporated
herein by reference which purports to negate this or any other special provision in whole or in
part shall 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 will
not invalidate the remainder of this contract to the extent that the contract is capable of
execution.
At all times during the performance of this contract, the BoRROwER shall strictly adhere to all
applicable federal and State laws, rules, and regulations that have been or may hereafter be
established.
6. VENDOR OFFSET. CRS 24-30-202 (1) &CRS 24-30-202.4
Pursuant to CRS 24-30-202.4 (as amended), the State Controller may withhold debts owed to
State agencies under the vendor offset intercept system for: (a) unpaid child support debt or child
support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in
Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of
Higher Education; (d) owed amounts required to be paid to the Unemployment Compensation
Fund; and (e) other unpaid debts owing to the State or any agency thereof, the amount of which
is found to be owing as a result of final agency determination or reduced to judgment as certified
by the controller.
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