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CT2019-2250 Contract
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Last modified
9/25/2018 3:49:06 PM
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9/25/2018 3:48:51 PM
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Loan Projects
Contract/PO #
CT2019-2250
Contractor Name
Roxborough Water and Sanitation District
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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26. 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 Contract 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 Contract 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 Claims <br /> Act,28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b). <br /> D. INDEPENDENT CONTRACTOR <br /> Borrower shall perform its duties hereunder as an independent contractor and not as an <br /> employee. Neither Borrower nor any agent or employee of Borrower shall be deemed to be <br /> an agent or employee of the State. Borrower 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 Borrower or any of its agents or <br /> employees. Unemployment insurance benefits will be available to Borrower and its <br /> employees and agents only if such coverage is made available by Borrower or a third party. <br /> Borrower shall pay when due all applicable employment taxes and income taxes and local <br /> head taxes incurred pursuant to this Contract. Borrower shall not have authorization, express <br /> or implied,to bind the State to any agreement, liability or understanding,except as expressly <br /> set forth herein. Borrower shall (1) provide and keep in force workers' compensation and <br /> unemployment compensation insurance in the amounts required by law, (ii) provide proof <br /> thereof when requested by the State, and (iii) be solely responsible for its acts and those of <br /> its employees and agents. <br /> E. COMPLIANCE WITH LAW. <br /> Borrower shall strictly comply with all applicable federal and State laws, rules, and <br /> regulations in effect or hereafter established, including, without limitation, laws applicable <br /> to 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 Contract. 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 Contract, to the extent capable of execution. <br /> Page 13 of 15 <br /> Contract Number:CT2019-2250 <br />
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