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20. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-1) <br />These Special Provisions apply to all contracts except where noted in italics. <br />A. CONTROLLER'S APPROVAL. §24-30-202(1), C.R.S. <br />This Agreement shall not be valid until it has been approved by the Colorado State Controller <br />or designee. <br />B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. <br />Financial obligations of the State payable after the current State Fiscal Year are contingent <br />upon funds for that purpose being appropriated, budgeted, and otherwise made available. <br />C. GOVERNMENTAL IMMUNITY. <br />No term or condition of this Agreement shall be construed or interpreted as a waiver, express <br />or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the <br />Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S., or the Federal Tort <br />Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b). <br />D. INDEPENDENT CONTRACTOR <br />Grantee shall perform its duties hereunder as an independent contractor and not as an <br />employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an <br />agent or employee of the State. Grantee and its employees and agents are not entitled to <br />unemployment insurance or workers compensation benefits through the State and the State <br />shall not pay for or otherwise provide such coverage for Grantee or any of its agents or <br />employees. Unemployment insurance benefits will be available to Grantee and its employees <br />and agents only if such coverage is made available by Grantee or a third party. Grantee shall <br />pay when due all applicable employment taxes and income taxes and local head taxes <br />incurred pursuant to this Agreement. Grantee shall not have authorization, express or implied, <br />to bind the State to any agreement, liability or understanding, except as expressly set forth <br />herein. Grantee shall (i) provide and keep in force workers' compensation and unemployment <br />compensation insurance in the amounts required by law, (ii) provide proof thereof when <br />requested by the State, and (iii) be solely responsible for its acts and those of its employees <br />and agents. <br />E. COMPLIANCE WITH LAW. <br />Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations <br />in effect or hereafter established, including, without limitation, laws applicable to <br />discrimination and unfair employment practices. <br />F. CHOICE OF LAW. <br />Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the <br />interpretation, execution, and enforcement of this Agreement. Any provision included or <br />incorporated herein by reference which conflicts with said laws, rules, and regulations shall <br />be null and void. Any provision incorporated herein by reference which purports to negate <br />this or any other Special Provision in whole or in part shall not be valid or enforceable or <br />available in any action at law, whether by way of complaint, defense, or otherwise. Any <br />provision rendered null and void by the operation of this provision shall not invalidate the <br />remainder of this Agreement, to the extent capable of execution. <br />Contract Number: CTGGI 2018-1467 Page 20 of 22 Version 0817 <br />