C150293 contract docs

• Contract/PO #: C150293
• Contractor Name: North Sterling Irrigation District
• Contract Type: Loan
• Water District: 0
• County: Logan
• Loan Projects - Doc Type: Contract Documents

SPECIAL PROVISIONS
These Speeial Provisions apply #o aH ecmtraets excep# where noted in italics.
9. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This eontract shall not be valid urrtil it has been
approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5). Finaneial obliga#ions 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 impiied, of any of the immunities, rights, benefits, protections, or other provisions,
of the Colorado Govemmental 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. Contractor shall perform its duties hereunder as an independent
con#ractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shail be
deemed to be an agent or employee of the State. Contractor arid 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 Contfactor or a third party. Contraetor shalt pay when due ali
applicable employment taxes and income ta�ces 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 #he State, and (c) be solely responsibie for its acts and those of
its employees and agents.
5. COMPLIANCE WiTH LAW. Contractor shall strietfy comply with all applicable federal and State laws,
rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and ur�fair employment practices.
6. CHOICE OF LAW. Colo�ado law, and rules and regulations issue.d pursuant thereto, shall be applied
in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated
herein by reference which cor�flicts 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 aation 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.
7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration
by any extra judicial body or person. Any provision to the contrary in this contact or incorporated herein by
reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITIOfd. Govemor'a Executive Order D 002 00. State or other public
funds payable under this contract shall not be used for the acquisition, operation, or maintenance of
computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor
hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and
Loan Contract C150293
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