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0 4 <br /> Colorado Water Conservation Board <br /> Attn: Construction Fund Section <br /> 1313 Sherman Street, Room 721 <br /> Denver, CO 80203 <br /> SPECIAL PROVISIONS (8/1/05 version). State Fiscal Rule 3-1 requires the inclusion of these <br /> Special Provisions in every STATE contract, including grants. <br /> 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br /> This contract shall not be deemed valid until it has been approved by the Controller of the State of <br /> Colorado or such assistant as he may designate. <br /> 2. FUND AVAILABILITY. CRS 24-30-202 (5.5) <br /> Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon <br /> funds for that purpose being appropriated, budgeted, and otherwise made available. <br /> 3. INDEMNIFICATION. <br /> To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State <br /> against any and all claims, damages, liability and court awards including costs, expenses, and attorney <br /> fees incurred as a result of any act or omission by the Contractor, or its employees, agents, <br /> subcontractors, or assignees pursuant to the terms of this contract. <br /> No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, <br /> of any of the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado <br /> Governmental Immunity Act, CRS 24-10-101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et <br /> seq. as applicable, as now or hereafter amended. <br /> 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br /> THE CONTRACTOR SHALL PERFORM ITS DUTIES R E AS AN INDEPENDENT <br /> CONTRACTOR AND NOT AS AN EMPLOYEE. NEI E ' CTOR NOR ANY AGENT <br /> OR EMPLOYEE OF THE CONTRACTOR SHALL BE MED TO BE AN AGENT <br /> OR EMPLOYEE OF THE STATE. CONTRACTO L Y WHEN DUE ALL REQUIRED <br /> EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD T MONIES PAID BY <br /> THE STATE PURSUANT TO THIS CONTRA O , EDGES THAT THE <br /> CONTRACTOR AND ITS EMPLOYEES ARE NTL U E P -HENT INSURANCE <br /> BENEFITS UNLESS THE CONTRACTOR OR Tib FR PR bis SUCH COVERAGE AND <br /> THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. <br /> CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE <br /> STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET <br /> FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' <br /> COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE <br /> STATE)AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY <br /> LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS <br /> EMPLOYEES AND AGENTS. <br /> 5. NON-DISCRIMINATION. <br /> The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws <br /> Loan Contract C150210 <br /> Page 9 of 11 <br />