C150112 Paid in Full Documents

• Contract/PO #: C150112
• Contractor Name: The Kern Resevoir and Ditch company
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

SPECIAL PROVISIONS (12/01 version). State Fiscal Rule 3-1 requires the inclusion of these Special
Provisions in every STATE contract, including grants.
1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1)
This contract shall not be deemed valid until it has been approved by the Controller of the State
of Colorado or such assistant as he may designate.
2. FUND AVAILABILITY. CRS 24-30-202 (5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available.
3. INDEMNIFICATION.
The CONTRACTOR shall indemnify, save, and hold harmless the State, its employees and agents, against
any and all claims, damages, liability and court awards including costs, expenses, and attorney fees
incurred as a result of any act or omission by the CONTRACTOR, or its employees, agents, subcontractors, or
assignees pursuant to the terms of this contract. 6
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2
The contractor shall perform its duties hereunder as an independent contractor and not as an employee.
Neither the contractor nor any agent or employee of the contractor shall be or shall be deemed to be an
agent or employee of the state. Contractor shall pay when due all required employment taxes and income
tax and local head tax on any monies paid by the State pursuant to this contract. Contractor acknowledges
that the contractor and its employees are not entitled to unemployment insurance benefits unless the
contractor or third party provides such coverage and that the state does not pay for or otherwise provide
such coverage. Contractor shall have no authorization, express or implied, to bind the state to any
agreements, liability, or understanding except as expressly set forth herein. Contractor shall provide and
keep in force Workers' Compensation (and provide p of of,suc ,inur nce when requested by the State)
and unemployment compensation insurance in the a u is tqut ;dy�inr, and shall be solely responsible
for the acts of the contractor, its employees and agent j t.
5. NON-DISCRIMINATION.
The contractor agrees to comply with the Ietffier n th '~�"`1ii of 4alh°dappZ able state and federal laws
respecting discrimination and unfair employment p-aq es.r., �y '
6. CHOICE OF LAW.
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be
applied in the interpretation, execution, and enforcement of this contract. Any provision of this
contract, whether or not incorporated herein by reference, which provides for arbitration by any
extra-judicial body or person or which is otherwise in conflict with said laws, rules, and
regulations shall be considered null and void. Nothing contained in any provision incorporated
herein by reference which purports to negate this or any other special provision in whole or in
part shall be valid or enforceable or available in any action at law whether by way of complaint,
defense, or otherwise. Any provision rendered null and void by the operation of this provision will
not invalidate the remainder of this contract to the extent that the contract is capable of
execution.
At all times during the performance of this contract, the Contractor shall strictly adhere to all
applicable federal and State laws, rules, and regulations that have been or may hereafter be
established.
7. VENDOR OFFSET. CRS 24-30-202 (1) &CRS 24-30-202.4
Pursuant to CRS 24-30-202.4 (as amended), the State Controller may withhold debts owed to State
agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support
arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 21, Title 39,
CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) owed
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