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EXHIBIT IC-COLORADO DEPARTMENT OF NATURAL RESOURCES <br /> INDEPENDENT CONTRACTOR PROVISIONS Attachment to PO or Contract # OE PDA 14-61 <br /> This form is required when purchasing or contracting that exceeds $5000 for a service <br /> (not a commodity) from a sole proprietor, individual or singly owned Limited Liability <br /> Company (LLC) or Corporate entity <br /> This form is not required when the Department of Natural Resources is contracting with <br /> lessees of our land, or with landowners involved in the preservation/improvement of <br /> habitat, or in the Habitat Partnership Program. <br /> 1. VENDOR ENGAGEMENT IN INDEPENDENT TRADE, OCCUPATION, PROFESSION OR BUSINESS; <br /> FREE FROM, DIRECTION AND CONTROL BY THE STATE PURSUANT TO 115 CRS 68-70-115 <br /> The parties intend to create an independent contractor relationship between the State and the Vendor and for <br /> the State to obtain a rebuttable presumption of an independent contractor relationship pursuant to §8-70-115 <br /> by meeting the nine points below (A through I). Vendor (the term "Vendor" includes Contractors and <br /> Grantees) shall perform all of its services and other obligations under the Purchase Order (PO) or Contract (the <br /> term "Contract" includes Agreements and Grants) to which this Exhibit is attached, free from the direction and <br /> control of the State. Vendor represents that it is customarily engaged in an independent trade, occupation, <br /> profession, or business related to the services performed. These are material representations made by Vendor <br /> to the State, upon which the State relied in issuing this PO or Contract, and without which, this PO or Contract <br /> would not have been issued. In accordance with the foregoing, the State does not and shall not: <br /> A. Require Vendor to work exclusively for the State; Vendor is free to perform work for other entities, <br /> and represents that it does hold itself out to perform work for other entities on a regular, ongoing <br /> basis. Vendor may schedule and perform similar work for others any time it wishes, including on the <br /> same day it does so for the State; <br /> B. Establish a quality standard for Vendor; except that the State can provide plans and specifications <br /> regarding the work but cannot oversee the actual work or instruct Vendor as to how the work will be <br /> performed; <br /> C. Pay a salary or hourly rate but rather a fixed or contract rate that has been negotiated by the parties; <br /> D. Terminate the work during the PO or Contract period unless Vendor violates the terms of the PO or <br /> contract fails to produce a result that meets the specifications of the PO or Contract; <br /> E. Provide training, instruction, briefings, and orientations to Vendor regarding performance of the work, <br /> except as specifically stipulated within this PO or Contract's scope of work. The State shall notify <br /> Vendor when Vendor may begin performing the work and its other obligations; <br /> F. Supply Vendor with State-owned or leased real property, tools, benefits, equipment, supplies, or other <br /> property to perform the work, except as specifically stipulated within this PO or Contract's scope of <br /> work. Vendor shall perform and maintain its own real property, tools, or rent or lease tools, <br /> equipment, supplies, or other personal property, and/or other items needed for the performance of <br /> the work under this PO or Contract and its other obligations hereunder and when applicable; <br /> G. Dictate the time of performance; except that a completion schedule and a range of mutually <br /> agreeable work hours may be established; <br /> H. Pay Vendor personally but rather makes checks payable to the trade or business name of Vendor; and <br /> I. Combine the State's business operations in any way with Vendor's business, but instead maintain the <br /> State's and Vendor's operations as separate and distinct. <br /> 2. BENEFITS DISCLOSURE <br /> Vendor 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 <br /> such coverage for Vendor or any of its agents or employees. Unemployment insurance benefits <br /> shall be available to Vendor and its employees and agents only if such coverage is made available <br /> by Vendor or a third party. Vendor shall pay when due all applicable employment taxes and <br /> 1 <br />