CT2018-2851 Contract

• Contractor Name: Central Colorado Water Conservancy District, Well Augmentation Subdistrict ‎(WAS)‎
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

J. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this Contract,
whether explicit or by lack of enforcement,shall not operate as a waiver,nor shall any single
or partial exercise of any right,power, or privilege preclude any other or further exercise of
such right,power,or privilege.
27. COLORADO SPECIAL PROVISIONS(COLORADO FISCAL RULE 3-1)
These Special Provisions apply to all contracts except where noted in italics.
A. CONTROLLER'S APPROVAL. §24-30-202(1), C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller
or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent
upon funds for that purpose being appropriated, budgeted,and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
No term or condition of this Contract shall be construed or interpreted as a waiver, express
or implied,of any of the immunities,rights, benefits,protections, or other provisions,of the
Colorado Governmental Immunity Act, §24-10-101 et seq. C.R.S.,or the Federal Tort Claims
Act,28 U.S.C.Pt. VI,Ch. 171 and 28 U.S.C. 1346(b).
D. INDEPENDENT CONTRACTOR
Borrower shall perform its duties hereunder as an independent contractor and not as an
employee.Neither Borrower nor any agent or employee of Borrower shall be deemed to be
an agent or employee of the State. Borrower and its employees and agents are not entitled to
unemployment insurance or workers compensation benefits through the State and the State
shall not pay for or otherwise provide such coverage for Borrower or any of its agents or
employees. Unemployment insurance benefits will be available to Borrower and its
employees and agents only if such coverage is made available by Borrower or a third party.
Borrower shall pay when due all applicable employment taxes and income taxes and local
head taxes incurred pursuant to this Contract. Borrower shall not have authorization,express
or implied,to bind the State to any agreement,liability or understanding,except as expressly
set forth herein. Borrower shall (i) provide and keep in force workers' compensation and
unemployment compensation insurance in the amounts required by law, (ii) provide proof
thereof when requested by the State, and (iii) be solely responsible for its acts and those of
its employees and agents.
E. COMPLIANCE WITH LAW.
Borrower shall strictly comply with all applicable federal and State laws, rules, and
regulations in effect or hereafter established, including, without limitation, laws applicable
to discrimination and unfair employment practices.
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Contract Number:CT2018-2851