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CTGG12016-712 Contract Amend 1
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CTGG12016-712 Contract Amend 1
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Last modified
11/30/2016 12:29:02 PM
Creation date
11/30/2016 12:28:52 PM
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Loan Projects
Contract/PO #
CTGG12016-712
C150408
Contractor Name
San Juan Water Conservancy District
Contract Type
Grant
Loan Projects - Doc Type
Contract Documents
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Special Provisions <br /> (The Special Provisions apply to all contracts except where noted In Halks.) <br /> 1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been <br /> 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 <br /> fiscal year,are contingent upon funds for that purpose being appropriated, budgeted,and otherwise made <br /> available. <br /> 3. GOVERNMENTAL IMMUNITY.No term or condition of this contract shall be construed or interpreted as a <br /> waiver,express or implied,of any of the Immunities, rights,benefits, protections,or other provisions,of the <br /> Colorado Governmental immunity Act,CRS§24-10-101 et seq.,or the Federal Tort Claims Act,28 U.S.C. <br /> §§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 <br /> contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be <br /> deemed to be an agent or employee of the State.Contractor and its employees and agents are not entitled <br /> to unemployment insurance or workers compensation benefits through the State and the State shall not <br /> pay for or otherwise provide such coverage for Contractor or any of its agents or employees. <br /> Unemployment insurance benefits will be available to Contractor and its employees and agents only if such <br /> coverage Is made available by Contractor or a third party. Contractor shall pay when due all applicable <br /> employment taxes and Income taxes and local head taxes incurred pursuant to this contract. Contractor <br /> shall not have authorization, express or implied, to bind the State to any agreement, liability or <br /> understanding,except as expressly set forth herein.Contractor shall(a)provide and keep in force workers' <br /> compensation and unemployment compensation Insurance in the amounts required by law, (b) provide <br /> proof thereof when requested by the State, and (c) be solely responsible for Its acts and those of its <br /> employees and agents. <br /> 6. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, <br /> rules, and regulations in effect or hereafter established, Including, without limitation, laws applicable to <br /> discrimination and unfair employment practices. <br /> 6. CHOICE OF LAW.Colorado law,and rules and regulations issued pursuant thereto,shall be applied in the <br /> interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein <br /> 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 <br /> part shall not be valid or enforceable or available In any action at law, whether by way of complaint, <br /> defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not <br /> invalidate the 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 <br /> any extra-Judicial body or person. Any provision to the contrary in this contact or incorporated herein by <br /> reference shall be null and void. <br /> 8. SOFTWARE PiRACY PROHIBITION.Governor's Executive Order D 002 00. State or other public funds <br /> payable under this contract shall not be used for the acquisition, operation, or maintenance of computer <br /> 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 <br /> place appropriate systems and controls to prevent such improper use of public funds. If the State <br /> determines that Contractor is In violation of this provision,the State may exercise any remedy available at <br /> law or In equity or under this contract, including,without limitation, immediate termination of this contract <br /> and any remedy consistent with federal copyright laws or applicable licensing restrictions. <br /> 9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS§§24-18-201 and 24-60-507. The <br /> signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest <br /> 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 <br /> Contractor's services and Contractor shall not employ any person having such known interests. <br /> Appendix B <br />
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