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Appendix A <br /> 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 valid 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 the current fiscal year are contingent upon funds for that purpose <br /> being appropriated,budgeted,and otherwise made available. <br /> 3. GOVERNMENTAL IMMUNITY.No term or condition of this contract shall be construed or interpreted as a waiver,e ess or implied,of any of the <br /> immunities,rights,benefits,protections,or other provisions,of the Colorado Governmental Immunity Act,CRS§24-10-101 e r Federal Tort Claims Act,28 <br /> U.S.C.§§1346(b)and 2671 et seq.,as applicable now or hereafter amended. <br /> 4. INDEPENDENT CONTRACTOR.Contractor shall perform its duties hereunder as an independent cont r and not as a11e II, er o ntractor nor <br /> any agent or employee of Contractor shall be deemed to be an agent or employee of the State.Contractor and its p e and agents ar e I unemployment <br /> insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provi u v age ; Contractor or., of its agents or <br /> employees.Unemployment insurance benefits will be available to Contractor and its employees and agents on' ch erag•' i'1 ailable by Contractor or a <br /> third party.Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incur pur . o .c. Contractor shall <br /> not have authorization,express or implied,to bind the State to any agreement,liability or understanding,except as expressly - . r -in o .cto 11(a) <br /> provide and keep in force workers'compensation and unemployment compensation insurance in the amounts required by law,(b)pro • oo: ereo en requested <br /> by the State,and(c)be solely responsible for its acts and those of its employees and agents. <br /> 5. COMPLIANCE WITH LAW.Contractor shall strictly comply with all applicable federal and State laws,rules,and regulations in effect or hereafter established, <br /> including,without limitation,laws applicable to discrimination and unfair employment practices. <br /> 6. CHOICE OF LAW.Colorado law,and rules and regulations issued pursuant thereto,shall be applied in the interpretation,execution,and enforcement of this <br /> contract.Any provision included or incorporated herein by reference which conflicts with said laws,rules,and regulations shall be null and void.Any provision <br /> incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any <br /> action at law,whether by way of complaint,defense,or otherwise.Any provision rendered null and void by the operation of this provision shall not invalidate the <br /> remainder of this contract,to the extent capable of execution. <br /> 7. BINDING ARBITRATION PROHIBITED.The State of Colorado does not agree to binding arbitration by any extra judicial body or person.Any provision to <br /> the contrary in this contact or incorporated herein by reference shall be null and void. <br /> 8. SOFTWARE PIRACY PROHIBITION.Governor's Executive Order D 002 00.State or other public funds payable under this contract shall not be used for <br /> the acquisition,operation,or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.Contractor hereby certifies <br /> and warrants that,during the term of this contract and any extensions,Contractor has and shall maintain in place appropriate systems and controls to prevent such <br /> improper use of public funds.If the State determines that Contractor is in violation of this provision,the State may exercise any remedy available at law or in equity or <br /> under this contract,including,without limitation,immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing <br /> restrictions. <br /> 9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST.CRS§§24-18-201 and 24-50-507.The signatories aver that to their knowledge,no <br /> employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract.Contractor has no interest and shall not <br /> acquire any interest,direct or indirect,that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any <br /> person having such known interests. <br /> 10. VENDOR OFFSET.CRS§§24-30-202(1)and 24-30-202.4.[Not Applicable to intergovernmental agreements]Subject to CRS§24-30-202.4(3.5),the State <br /> Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for:(a)unpaid child support debts or child support <br /> arrearages;(b)unpaid balances of tax,accrued interest,or other charges specified in CRS§39-21-101,et seq.;(c)unpaid loans due to the Student Loan Division of the <br /> Department of Higher Education;(d)amounts required to be paid to the Unemployment Compensation Fund;and(e)other unpaid debts owing to the State as a result of <br /> final agency determination or judicial action. <br /> 11. PUBLIC CONTRACTS FOR SERVICES.CRS§8-17.5-101.[Not Applicable to agreements relating to the offer,issuance,or sale of <br /> securities,investment advisory services or fund management services,sponsored projects,intergovernmental agreements,or information <br /> technology services or products and services]Contractor certifies,warrants,and agrees that it does not knowingly employ or contract with an illegal <br /> alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the <br /> United States to perform work under this contract,through participation in the E-Verify Program or the Department program established pursuant to CRS <br /> §8-17.5-102(5)(c),Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with <br /> a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under <br /> this contract.Contractor(a)shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants <br /> . while this contract is being performed,(b)shall notify the subcontractor and the contracting State agency within three days if Contractor has actual <br /> knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract,(c)shall terminate the subcontract if a <br /> subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice,and(d)shall comply with reasonable <br /> requests made in the course of an investigation,undertaken pursuant to CRS§8-17.5-102(5),by the Colorado Department of Labor and Employment.If <br /> Contractor participates in the Department program,Contractor shall deliver to the contracting State agency,Institution of Higher Education or political <br /> subdivision a written,notarized affirmation,affirming that Contractor has examined the legal work status of such employee,and shall comply with all of <br /> the other requirements of the Department program.If Contractor fails to comply with any requirement of this provision or CRS§8-17.5-101 et seq.,the <br /> contracting State agency,institution of higher education or political subdivision may terminate this contract for breach and,if so terminated,Contractor <br /> shall be liable for damages. <br /> 12. PUBLIC CONTRACTS WITH NATURAL PERSONS.CRS§24-76.5-101.Contractor,if a natural person eighteen(18)years of age or older,hereby swears <br /> and affirms under penalty of perjury that he or she(a)is a citizen or otherwise lawfully present in the United States pursuant to federal law,(b)shall comply with the <br /> provisions of CRS§24-76.5-101 et seq.,and(c)has produced one form of identification required by CRS§24-76.5-103 prior to the effective date of this contract. <br /> Revised 1-1-09 <br />