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SPECIAL PROVISIONS
<br /> • The Special Provisions apply to all contracts except where noted in italics.
<br /> 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1). This contract shall not be deemed valid
<br /> until it has been approved by the Colorado State Controller or designee.
<br /> 2. FUND AVAILABILITY. CRS 24-30-202(5.5). Financial obligations of the State payable after
<br /> the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted,
<br /> and otherwise made available.
<br /> 3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its
<br /> employees and agents, against any and all claims, damages, liability and court awards including
<br /> costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission
<br /> by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of
<br /> this contract.
<br /> (Applicable Only to Intergovernmental Contracts]No term or condition of this contract shall be
<br /> construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
<br /> protection, or other provisions, of the Colorado Governmental Immunity Act, CRS 24-10-101 et
<br /> seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter
<br /> amended.
<br /> 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties
<br /> hereunder as an independent contractor and not as an employee. Neither contractor nor any
<br /> agent or employee of contractor shall be or shall be deemed to be an agent or employee of the
<br /> state. Contractor shall pay when due all required employment taxes and income taxes and local
<br /> head taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges
<br /> that contractor and its employees are not entitled to unemployment insurance benefits unless
<br /> contractor or a third party provides such coverage and that the state does not pay for or otherwise
<br /> • provide such coverage. Contractor shall have no authorization, express or implied, to bind the
<br /> state to any agreement, liability or understanding, except as expressly set forth herein.
<br /> Contractor shall provide and keep in force workers'compensation (and provide proof of such
<br /> insurance when requested by the state) and unemployment compensation insurance in the
<br /> amounts required by law and shall be solely responsible for its acts and those of its employees
<br /> and agents.
<br /> 5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all
<br /> applicable State and federal laws respecting discrimination and unfair employment practices.
<br /> 6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued
<br /> pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this
<br /> contract. Any provision of this contract, whether or not incorporated herein by reference, which
<br /> provides for arbitration by any extra judicial body or person or which is otherwise in conflict with
<br /> said laws, rules, and regulations shall be considered null and void. Nothing contained in any
<br /> provision incorporated herein by reference which purports to negate this or any other special
<br /> provision in whole or in part shall be valid or enforceable or available in any action at law, whether
<br /> by way of complaint, defense, or otherwise. Any provision rendered null and void by the
<br /> operation of this provision will not invalidate the remainder of this contract, to the extent that this
<br /> contract is capable of execution. At all times during the performance of this contract, Contractor
<br /> shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been
<br /> or may hereafter be established.
<br /> 7. [Not Applicable to Intergovernmental Contracts] VENDOR OFFSET. CRS 24-30-202 (1)
<br /> and 24-30-202.4. The State Controller may withhold payment of certain debts owed to State
<br /> agencies under the vendor offset intercept system for: (a) unpaid child support debt or child
<br /> support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in
<br /> Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of
<br /> • Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund;
<br /> Grant Contract No. C150232
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