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Appendix A
<br />SPECIAL PROVISIONS
<br />The Special Provisions apply to all contracts except where noted in italics.
<br />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
<br />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
<br />being appropriated, budgeted, and otherwise made available.
<br />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
<br />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
<br />U.S.C. § §1346(b) and 2671 et seq., as applicable now or hereafter amended.
<br />4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor
<br />any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment
<br />insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or
<br />employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a
<br />third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall
<br />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)
<br />provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested
<br />by the State, and (c) be solely responsible for its acts and those of its employees and agents.
<br />5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established,
<br />including, without limitation, laws applicable to discrimination and unfair employment practices.
<br />6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this
<br />contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision
<br />incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any
<br />action at law, whether by way of complaint, defense, or otherwise. Any 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 />7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any provision to
<br />the contrary in this contact or incorporated herein by reference shall be null and void.
<br />8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this contract shall not be used for
<br />the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies
<br />and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such
<br />improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or
<br />under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing
<br />restrictions.
<br />9. EMPLOYEE FINANCIAL INTEREST /CONFLICT OF INTEREST. CRS § §24 -18 -201 and 24 -50 -507. The signatories aver that to their knowledge, no
<br />employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. Contractor has no interest and shall not
<br />acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any
<br />person having such known interests.
<br />10. VENDOR OFFSET. CRS § §24 -30 -202 (1) and 24 -30- 202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24 -30 -202.4 (3.5), the State
<br />Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support
<br />arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39 -21 -101, et seq.; (e) unpaid loans due to the Student Loan Division of the
<br />Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of
<br />final agency determination or judicial action.
<br />11. PUBLIC CONTRACTS FOR SERVICES. CRS §8- 17.5 -101. [Not Applicable to agreements relating to the offer, issuance, or sale of
<br />securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information
<br />technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal
<br />alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the
<br />United States to perform work under this contract, through participation in the E- Verify Program or the Department program established pursuant to CRS
<br />§8- 17.5- 102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with
<br />a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under
<br />this contract. Contractor (a) shall not use E- Verify Program or Department program procedures to undertake pre - employment screening of job applicants
<br />while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual
<br />knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a
<br />subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable
<br />requests made in the course of an investigation, undertaken pursuant to CRS §8- 17.5- 102(5), by the Colorado Department of Labor and Employment. If
<br />Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political
<br />subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of
<br />the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8- 17.5 -101 et seq., the
<br />contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor
<br />shall be liable for damages.
<br />12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24- 76.5 -101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears
<br />and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the
<br />provisions of CRS §24- 76.5 -101 et seq., and (c) has produced one form of identification required by CRS §24- 76.5 -103 prior to the effective date of this contract.
<br />Revised 1 -1 -09
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