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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 until it has <br /> been approved by the Colorado State Controller or designee. <br /> 2. FUND AVAILABILITY. CRS 24-30-202(5.5). Financial obligati of t able after the <br /> current fiscal year are contingent upon funds for that purpose b ' approp d to and otherwise <br /> made available. <br /> 3. INDEMNIFICATION. Contractor shall,indemnify, save, and rml t S Is mployees and <br /> agents, against any and all claims, damages, liability and court award cI n ts,, penses, and <br /> attorney fees and related costs, incurred as a result of any act or omission by C its employees, <br /> agents, subcontractors, or assignees pursuant to the terms of 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 seq., or the <br /> Federal Tort Claims Act,28 U.S.C.2671 et seq., as applicable, as now or hereafter amended. <br /> 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties hereunder as an <br /> independent contractor and not as an employee. Neither contractor nor any agent or employee of <br /> contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when <br /> due all required employment taxes and income taxes and local head taxes on any monies paid by the state <br /> pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to <br /> unemployment insurance benefits unless contractor or a third party provides such coverage and that the <br /> state does not pay for or otherwise provide such coverage. Contractor shall have no authorization, express <br /> or implied, to bind the state to any agreement, liability or understanding, except as expressly set forth <br /> herein. 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 amounts <br /> required by law and shall be solely responsible for its acts and those of its employees and agents. <br /> 5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable <br /> 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 pursuant <br /> thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of <br /> this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra- <br /> judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be <br /> considered null and void. Nothing contained in any provision incorporated herein by reference which <br /> purports to negate this or any other special provision in whole or in part shall be valid or enforceable or <br /> available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered <br /> null and void by the operation of this provision will not invalidate the remainder of this contract, to the extent <br /> that this 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 or may <br /> hereafter be established. <br /> 7. [Not Applicable to Intergovernmental Contracts] VENDOR OFFSET. CRS 24-30-202 (1) and 24- <br /> 30-202.4. The State Controller may withhold payment of certain debts owed to State agencies under the <br /> vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid <br /> balances of tax, accrued interest, or other charges specified in Article 21, Title 39, CRS; (c) unpaid loans <br /> due to the Student Loan Division of the Department of Higher Education; (d)amounts required to be paid to <br /> the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or its agencies, as a <br /> Loan Contract C150252 <br /> Page 9 of 11 <br />