14000000062 Contract

• Contract/PO #: 14000000062
• Contractor Name: Applegate Group, Inc.
• Contract Type: Grant
• Loan Projects - Doc Type: Contract Documents

�XHIBTT IC-COLORADO DEPARTMENT OF NATURAL RESOURCES
INDEPENDENT CONTRA!CTOR PROViSiONS Attachment to PO or Contract # OE PDA 14-62
This form is reauired when purchasing or contracting that exceeds $5000 for a service
(not a commQdity) from a sole proprietor, indiv�dual or singly owned Limited Liab�lity
Company (LLC) or Corporate entity
This form is not reauired when the Department of I�atural Resources is corrtracting with
lessees of our land, or with landowners involved in the presenration/improvement of
habitat, or in the Habitat Partnership Program.
1. YE�I�OR ENGAGEMENT IN INDEPENDENT TRADE, OCCUPA7TON, PROFESSION OR BUSINESS;
FREE FROM, DIRECTION AND CONTROL BY THE STATE PURSUANT TO �.� ��-,�'Q-1Y�
The parties intend to create an independent contractor relationship between the State and the Vendor and for
the State to obtain a rebuttable presumption of an independent contractor relationship pursuant to §8-70-115
by meeting the nine points below (A through I). Vendor (the term "Vendor' includes Contractors and
Grantees) shall perform all of its services and other obligations under the Purchase Order (PO) or Contract (the
term °Contract" includes Agreements and Grants) to which this Exhibit is attached, free from the direction and
control of the State. Vendor represents that it is customarily engaged in an independent trade, occupation,
profession, or business related to the services pertormed. These are material representations made by Vendor
to the State, upon which the State relied in issuing this PO or Contract, and without which, this PO or Contract
would not have been issued. In accordance with the foregoing, the State does not and shall not:
A. Require Vendor to work exclusively for the State; Vendor is free to perform work for other entities,
and represents that it does hold itself out to perform work for other enfities on a regular, ongoing
basis. Vendor may schedule and perForm similar work for others any time it wishes, including on the
same day it does so for the State;
B. Establish a quality standard for Vendor; except that the State can provide plans and specifications
regarding the work but cannot oversee the actual work or instruct Vendor as to how the work will be
performed;
C. Pay a salary or hourly rate but rather a fixed or contract rate that has been negotiated by the parties;
D. Terminate the work during the PO or Contract period unless Vendor violates the terms of the PO or
contract fails to produce a result that meets the specifications of the PO or Contract;
�. Provide training, instruction, briefings, and orientations to Vendor regarding performance of the work,
except as specifically stipulated within this PO or Contract's scope of work. The State shall notify
Vendor when Vendor may begin perForming the work and its other obligations;
F. Supply Vendor with State-owned or leased real properly, tools, benefits, equipment, supplies, or other
properly to perform the work, except as specifically stipulated within this PO or Contract's scope of
work. Vendor shall perform and maintain its own real property, tools, or rent or lease tools,
equipment, supplies, or other personal property, and/or other items needed for the performance of
the work under this PO or Contract and its other obligations hereunder and when applicable;
G. Dictate the time of performance; except that a completion schedule and a range of mutually
agreeable work hours may be established;
H. Pay Vendor personally but rather makes checks payable to the trade or business name of Vendor; and
I. Combine the State's business operations in any way with Vendor's business, but instead maintain the
State's and Vendor's operations as separate and distinct.
2. BENEFiTS DISCLOSURE
Vendor and 6ts employees and agents are not entitled to unemployment insurat�oe or workers
compensation benefits through the State and the State shall not pay for or otherwise provide
such coverage for Vendor or any of its agents or employees. Unemployment insurance benefits
sha116e available to Vendor and ots err�ployees and agents only if such wverage is made available
by Vendor or a third party. Vendor shall pay when due all applicable employmeat taxes and