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21. COLORADO SPECIAL PROVISIONS <br />The Special Provisions apply to all Grants except where noted in italics. <br />A. CONTROLLER'S APPROVAL. CRS §24 -30 -202 (1). <br />This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or <br />designee. <br />B. 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. GOVERNMENTAL IMMUNITY. <br />No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any <br />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. INDEPENDENT CONTRACTOR <br />Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither <br />Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. <br />Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation <br />benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or <br />any of its agents or employees. Unemployment insurance benefits shall be available to Grantee and its <br />employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay <br />when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this <br />Grant. Grantee shall not have authorization, express or implied, to bind the State to any Grant, liability or <br />understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers' <br />compensation and unemployment compensation insurance in the amounts required by law, (b) provide <br />proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its <br />employees and agents. <br />E. COMPLIANCE WITH LAW. <br />Grantee 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. 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 grant. Any provision included or incorporated herein by reference which <br />conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by <br />reference which purports to negate this or any other Special Provision in whole or in part shall not be valid <br />or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any <br />provision rendered null and void by the operation of this provision shall not invalidate the remainder of this <br />Grant, to the extent capable of execution. <br />G. 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 contact or incorporated herein by reference shall be null and void. <br />H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. <br />State or other public funds payable under this Grant 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. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions, <br />Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of <br />public funds. If the State determines that Grantee is in violation of this provision, the State may exercise <br />any remedy available at law or in equity or under this Grant, including, without limitation, immediate <br />termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing <br />restrictions. <br />Page 13 of 15 <br />