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<br />SECTION 2.0 <br />RFP PDA-OI33W-Cherry Crk <br />TERMS OF CONTRACT <br /> <br />2.1 <br /> <br />LENGTH OF CONTRACT: The term of the contract will be from the date the contract is signed <br />by the State Controller. or designee. or from 10/1/2000, whichever is later, to.~/7~~ I V <br />17-f"'~ <br />CONTRACT: The successful proposer(s) will be required to enter into a fo~e6'ntract with <br />Department of Natural Resources, Colorado Water Conservation Board. The contract will <br />incorporate this RFP, published addenda and the response of the successful proposer(s). Any <br />contract resulting from this RFP may not be modified, amended, extended or augmented except <br />by a contractual change executed by the parties hereto, and any breach or default by a party shall <br />not be waived or released other than in writing signed by the other party. The Department <br />reserves the right to eliminate aspects of the proposal which may be detennined by the <br />Department"to be unnecessary or aspects the Department decides to assume itself or let out by <br />separate contract. <br /> <br />2.2 <br /> <br />2.3 <br /> <br />CONTRACT TYPE: The contract resulting from this RFP will be a monthly sum contract as <br />outlined in billing methods submitted in the Contractor's proposal. <br /> <br />2.4 <br /> <br />SUBCONTRACTS: Proposer's planned use of subcontractors shall be clearly explained in the <br />proposal. The successful proposer shall be responsible to the Department for the contract <br />performance, whether or not subcontractors are used. <br /> <br />2,5 <br /> <br />GOVERNING LAW: This RFP and any contract awarded hereunder will be governed by the <br />laws of. and adjudicated in, the State of Colorado. The vendor agrees to comply with all <br />applicable Federal, State and local laws, rules and regulations in Its performance hereunder. <br /> <br />2.6 <br /> <br />INDEPENDENT CONTRACTOR: THE SUCCESSFUL PROPOSER(S) SHALL PERFORM <br />ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN <br />EMPLOYEE. NEITHER THE SUCCESSFUL PROPOSER(S) NOR ANY AGENT OR <br />EMPLOYEE OF THE SUCCESSFUL PROPOSER(S) SHALL BE OR SHALL BE DEEMED <br />TO BE AN AGENT OR EMPLOYEE OF THE STATE. SUCCESSFUL PROPOSER(S) <br />SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX <br />WITHHOLDING. INCLUDING ALL FEDERAL AND STATE INCOME TAX AND LOCAL <br />HEAD TAX AND ANY MONIES PAID PURSUANT TO CONTRACTS AWARDED AS A <br />RESULT OF TIDS RFP. SUCCESSFUL PROPOSER(S) ACKNOWLEDGES THAT THE <br />SUCCESSFUL PROPOSER(S) AND ITS EMPLOYEES ARE NOT ENTITLED TO <br />UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE SUCCESSFUL PROPOSER(S) <br />OR A THlRD PARTY PROVIDES SUCH COVERAGE AND THAT THE ST ATE DOES NOT <br />PA Y FOR OR OTHERWISE PROVIDE SUCH COVERAGE. SUCCESSFUL PROPOSER(S) <br />SHALL HAVE NO AUTHORIZATION, EXPRESS OR IlvlPLIED, TO BIND THE STATE TO <br />ANY AGREEMENTS. LIABILITY. OR UNDERST At'IDING EXCEPT AS EXPRESSLY SET <br />FORTH HEREIN, SUCCESSFUL PROPOSER(S) SHALL PROVIDE Al'ID KEET IN FORCE <br />WORKER'S COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) At'ID <br />UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY <br />LAW. Ml) SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE SUCCESSFUL <br />PROPOSER, ITS EMPLOYEES AND AGENTS. <br />