CT2019-2099 Contract

• Contract/PO #: CT2019-2099
• Contractor Name: Ogilvy Irrigating and Land Company
• Contract Type: Grant/Loan Combo
• Loan Projects - Doc Type: Contract Documents

C. GOVERNMENTAL IMMUNITY.
No term or condition of this Contract shall be construed or interpre d 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 he 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 c s ntractor and not as an
employee. Neither Borrower nor any agent or employee of Borrowei shall be deemed to be
an agent or employee of the State. Borrower and its employees and .gents are not entitled to
unemployment insurance or workers compensat on benefits throuI the State and the State
shall not pay for or otherwise provide such co erage for Borrower or any of its agents or
employees. Unemployment insurance benefit will be availabl: to Borrower and its
employees and agents only if such coverage is ade available by B li mower or a third party.
Borrower shall pay when due all applicable em loyment taxes and income taxes and local
head taxes incurred pursuant to this Contract. B ower shall not have authorization, express
or implied,to bind the State to any agreement, li bility or understanding, except as expressly
set forth herein. Borrower shall (i) provide an keep in force wor ers' compensation and
unemployment compensation insurance in the mounts required b law, (ii) provide proof
thereof when requested by the State, and (iii) b solely responsible i or 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, in luding, without li itation, laws applicable
to discrimination and unfair employment practi s.
F. CHOICE OF LAW.
Colorado law, and rules and regulations issue pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Contract. An provision included or
incorporated herein by reference which conflicts with said laws, rul-s, and regulations shall
be null and void. Any provision incorporated herein by reference hich purports to negate
this or any other Special Provision in whole or,in part shall not be valid or enforceable or
available in any action at law, whether by way of complaint, def,nse, or otherwise. Any
provision rendered null and void by the operation of this provisio shall not invalidate the
remainder of this Contract,to the extent capable of execution.
G. BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra judicial body or
person. Any provision to the contrary in this Contract or incorporated herein by reference
shall be null and void.
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Contract Number:CT2019-2099