C153355 PIF

• Contract/PO #: C153355
• Contractor Name: Beaver Park Water, Inc.
• Contract Type: Loan
• Loan Projects - Doc Type: Repayment Information

7. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency,
variance, or contradiction between the provisions of this Amendment and any of the
provisions of the ORIGINAL CONTRACT, the provisions of this Amendment shall in all
respects supersede, govern, and control. The SPECIAL PROVISIONS shall always be
controlling over other provisions in the contract or amendments. The representations
in the SPECIAL PROVISIONS concerning the absence of bribery or corrupt influences and
personal interest of STATE employees are presently reaffirmed.
8. Financial obligations of the state payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made
available.
9. This amendment shall not be deemed valid or effective until it shall have been
approved by the controller of the State of Colorado or such assistant as he may
designate.
10.The Parties agree that the Contract Amendment Service Fee referenced in paragraph
5 above is waived in this instance.
SPECIAL PROVISIONS
These Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS§24-30-202(1). This contract shall not be valid until it has been
approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the
current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available.
3. 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, CRS§24-10-101 et seq., or the Federal Tort Claims Act, 28
U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties } : ' ,,•:- a' - n• -pendent
contractor and not as an employee. Neither Contractor nor any agent or -` ,•lo e. of o a. •r shall be
deemed to be an agent or employee of the State. Contractor and its employees a • -•-• e not
entitled to unemployment insurance or workers compensation be` it thr_ugh the State and the State
shall not pay for or otherwise provide such coverage for Contract .';4 .f it �i• pl. -s.
Unemployment insurance benefits will be available to Contractor ,,ts pl.:' - s d d ts • , ly if
such coverage is made available by Contractor or a third party. Contracto sh. ••ay
applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract.
Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by law, (b)
provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of
its employees and agents.
5. COMPLIANCE WITH LAW. Contractor 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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