C150049 Contract

• Contract/PO #: C150049
• Contractor Name: People's Ditch Company
• Contract Type: Loan
• County: Logan
• Loan Projects - Doc Type: Contract Documents

SPECIAL PROVISIONS
(Not for Use with Inter-Governmental Contracts)
1. CONTROLLER'S APPROVAL. CRS 24-30-202(1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or
such assistant as he may designate.
2. FUND AVAILABILITY. CRS 24-30-202(5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for
that purpose being appropriated,budgeted,and otherwise made available.
3. INDEMNIFICATION.
The Contractor shall indemnify, save, and hold harmless the State,its employees and agents,against any and all
claims,damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of
any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the
terms of this contract.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2,Rule P 10-1-11
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN
EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR
SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL
REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE
PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE
NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES
SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE.
CONTRACTOR SHALL HAVE NO AUTHORIZATION,EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS,
LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND
KEEP IN FORCE WORKERS' COMPENSATION(AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE
STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE
SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR,ITS EMPLOYEES AND AGENTS.
5. NON-DISCRIMINATION. Governors Executive Order August 1987
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting
discrimination and unfair employment practices.
6. CHOICE OF LAW.
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the
interpretation, execution, and enforcement of this contract Any provision of this contract, whether or not
incorporated herein by reference,which provides for arbitration by any extra judicial body or person or which is
otherwise in conflict with said laws,rules,and regulations shall be considered null and void. Nothing contained
in any provision incorporated herein by reference which purports to negate this or any other special provision in
whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defense, or otherwise. Any provision rendered null and void by the operation of this provision will not
invalidate the remainder of this contract to the extent that the contract is capable of execution.
At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal
and State laws,rules,and regulations that have been or may hereafter be established.
7. VENDOR OFFSET. CRS 24-30-202(1)&CRS 24-30-202.4
Pursuant to CRS 24-30-202.4 (as amended), the State Controller may withhold debts owed to State agencies
under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages;
unpaid balance of tax,accrued interest,or other charges specified in Article 21,Title 39, CRS; (c)unpaid loans
due to the Student Loan Division of the Department of Higher Education; (d)owed amounts required to be paid
to the Unemployment Compensation Fund; and(e)other unpaid debts owing to the State or any agency thereof,
the amount of which is found to be owing as a result of final agency determination or reduced to judgment as
certified by the controller.
8. EMPLOYEE FINANCAL INTEREST. CRS 24-18-201&CRS 24-50-507
The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or
beneficial interest whatsoever in the service or property described herein.
Appendex A