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Appendix A
<br />SPECIAL PROVISIONS
<br />The Special Provisions apply to all contracts except where noted in italics.
<br />1. CONTROLL ERS APPROVAL. CRS §24 -30- 202(1). This contract shall not be valid until it has been approved by the Colorado State Controller or designee.
<br />L FUND AVAI ABILITY. CRS §24- 30202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds fbr that purpose
<br />axing appropriated, r udgeted, and otherwise made available.
<br />3. GOVERNM AL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the
<br />immunities, rights, _fits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24- 10-101 et seq., or the Federal Tort Claims Act, 28
<br />U.S.C. §§1346(b) Id 2671 or seq., as applicable now or hereafter amended.
<br />4. INDEI NT CONTRACTOR Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor
<br />any alien! or empl of Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment
<br />insurance or work 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
<br />employees. Unemp Dyment insurance benefits will be available to Contractor and Its employees and agents only if such coverage is made available by Contractor or a
<br />third party. Contrat or shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shag
<br />not have authorize n, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a)
<br />provide and keep ir fora workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested
<br />by the State, and (c be solely responsible for its eels and those of its employees and agents.
<br />S. COMPL E WITH LAW. Contractor shell strictly comply with all applicable federal and State laws, rules, and regulations in ef&ct or hereafter established,
<br />including without itntien, laws applicable to discrimination and unfair employment practices.
<br />6. CHOICE O LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enfor�ent of this
<br />contract Any prov' tan included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision
<br />incorporated herci 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
<br />action at law, whe by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the
<br />remainder of this tract, to the extent capable of execution.
<br />7. BINDING A ITRATION PROHIBITED. The State ofColomdo does not agree to binding arbitration by any extrajudicial body or person. Any provision to
<br />the contrary in this tact or incorporated herein by reference shall be null and void.
<br />L SOFTWARI PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this contract shall not be used for
<br />the acquisition, opi ition, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies
<br />and warrants that, c aring the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such
<br />improper use of pu lie funds. If the Stale determines that Contractor is in violation of this provision, the State may exercise any reonedy available at law or in equity or
<br />under this co including without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing
<br />restrictions.
<br />9. EMPLOYE FINANCIAL INTERESTICONFLICT OF INTEREST. CRS §§2418 -201 and 24-50 -507. The signatories ever that to their knowledge, no
<br />employee of the 5 e has any personal or beneficial interest whatsoever in the service or property described in this contract. Contractor has no interest and shall not
<br />acquire any in , direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any
<br />persori having sec known interests.
<br />10. VENDOR FSET. CRS 1124 -30 -202 (1) and 2430 -202A. [Not AM11coMe ro fnrelgovernmenrd agreemen s] Subject to CRS §24 -30 -202.4 (3.5), the State
<br />Controller may wi ]d payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support
<br />erresroges; (b) d balances of tax, seemed interest, of other charges specified in CRS §39-21-101, et seq.; (e) unpaid loans due to the Student Loan Division of the
<br />Department of Hi er Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of
<br />final agency ination or judicial action.
<br />11. PUBLIC C NTRACTS FOR SERVICES. CRS 18- 17.8.101. [Not Applkable to agreements relef9ng to ft offer, Issuance, orsak of
<br />secuddes, Inv_ ent advisory services or fund management services, sponsored pgJects, Intergovemmentlal agreements, or Infonnindon
<br />technology Ices or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an Hiegel
<br />alien who will ps run work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment In the
<br />United States to work under this contra , through participation In the E Verity Program or the Department program established pursuant to CRS
<br />§8-17.5- 102(5x , Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter Into a contract with
<br />a subcontractor at faits to certify to Contractor that the subcontractor shall not knowingly employ or contract with an Illegal alien to perform work urhdor
<br />Ills contrail. ctor (a) shall not use E- Verity Program or Department program procedures to undertake pre - employment screening of job applicants
<br />while this contra is being perlomhed, (b) shall notify the subcontractor and the contracting State agency within three days If Contractor has actual
<br />knowledge that subcontractor Is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract P a
<br />subcontractor d a not slop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable
<br />requests made I the course of an Investigation, undertaken pursuant to CRS § 8-17.5- 102(5), by the Colorado Department of Labor and Employment If
<br />Contractor peril s in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political
<br />subdMalon a en, notarized aflinnation, affirming that Contractor has examined the legal work status of such amp". and shall comply with all of
<br />the other requi ents of the Department program. If Contractor falls to comply with any requirement of this provision or CRS W17.5 -101 at seq., the
<br />contracting Stat agency, Institution of higher education or political subdivision may terminate this contract for breach and, 0 so terminated, Contractor
<br />shall be liable to damages.
<br />12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS 114- 7C&101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears
<br />and affirms under ally of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the
<br />provisions of CP4 124 -76.5 -101 et seq., and (c) has produced one form of identification required by CRS §2476.5 -103 prior to the effective date of this contract.
<br />Revised 1 -1-09
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