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21. COLORADO SPECIAL PROVISIONS <br />These Special Provisions apply to all Contracts except where noted in italics. <br />A. 1. CONTROLLER'S APPROVAL. CRS §24 -30 -202 (1). <br />This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. <br />B. 2. FUND AVAILABILITY. CRS §24 -30- 202(5.5). <br />Financial obligations of the State payable after the current fiscal year are contingent upon funds for that <br />purpose being appropriated, budgeted, and otherwise made available. <br />C. 3. GOVERNMENTAL IMMUNITY. <br />No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of <br />any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental <br />Immunity Act, CRS §24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et <br />seq., as applicable now or hereafter amended. <br />D. 4. INDEPENDENT CONTRACTOR <br />Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither <br />Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the <br />State. Contractor and its employees and agents are not entitled to unemployment insurance or workers <br />compensation benefits through the State and the State shall not pay for or otherwise provide such coverage <br />for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to <br />Contractor and its employees and agents only if such coverage is made available by Contractor or a third <br />party. Contractor shall pay when due all applicable employment taxes and income taxes and local head <br />taxes incurred pursuant to this Contract. Contractor shall not have authorization, express or implied, to bind <br />the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall <br />(a) provide and keep in force .workers' compensation and unemployment compensation insurance in the <br />amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely <br />responsible for its acts and those of its employees and agents. <br />E. 5. COMPLIANCE WITH LAW. <br />Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or <br />hereafter established, including, without limitation, laws applicable to discrimination and unfair <br />employment practices. <br />F. 6. CHOICE OF LAW. <br />Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, <br />execution, and enforcement of this Contract. Any provision included or incorporated herein by reference <br />which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated <br />herein by reference which purports to negate this or any other Special Provision in whole or in part shall <br />not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or <br />otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the <br />remainder of this Contract, to the extent capable of execution. <br />G. 7. BINDING ARBITRATION PROHIBITED. <br />The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any <br />provision to the contrary in this Contract or incorporated herein by reference shall be null and void. <br />H. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. <br />State or other public funds payable under this Contract shall not be used for the acquisition, operation, or <br />maintenance of computer software in violation of federal copyright laws or applicable licensing <br />restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any <br />extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such <br />improper use of public funds. If the State determines that Contractor is in violation of this provision, the <br />State may exercise any remedy available at law or in equity or under this Contract, including, without <br />limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or <br />applicable licensing restrictions. <br />Page 11 of 13 <br />