|
SPECIAL PROVISIONS
<br /> The Special Provisions apply to all Contracts except where noted in italics.
<br /> tit" a'�'
<br /> 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1). This Contract shall ,t b %ed a until it
<br /> has been approved by the Colorado State Controller or designee.
<br /> 2. FUND AVAILABILITY. CRS 24-30-202(5.5). Financial obligat he s( a after the
<br /> current fiscal year are contingent upon funds for that purpose being a:• :•ri."'"-d, g d, of ise
<br /> made available.
<br /> 3. INDEMNIFICATION. To the extent permitted by law, contractor shall indemnify, save, and hold
<br /> harmless the State, its employees and agents, against any and all claims, damages, liability and court
<br /> awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or
<br /> omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this
<br /> 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 /> Loan Contract C150243
<br /> Page 13 of 15
<br />
|