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C153438 Contract
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C153438 Contract
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Last modified
3/27/2014 11:46:59 AM
Creation date
10/5/2006 11:51:02 PM
Metadata
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Loan Projects
Contract/PO #
C153438
Contractor Name
Beaver Park Water, Inc.
Contract Type
Loan
Water District
12
County
Fremont
Bill Number
HB 85-1042
Loan Projects - Doc Type
Contract Documents
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6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied <br /> in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated <br /> herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any <br /> provision incorporated herein by reference which purports to negate this or any other Special Provision in <br /> whole or in part shall not be valid or enforceable or available in any action at law, whether by way of <br /> complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision <br /> shall not invalidate the 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 <br /> by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by <br /> reference shall be null and void. <br /> 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public <br /> funds payable under this contract shall not be used for the acquisition, operation, or maintenance of <br /> computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor <br /> hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and <br /> shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If <br /> the State determines that Contractor is in violation of this provision, the State may exercise any remedy <br /> available at law or in equity or under this contract, including, without limitation, immediate termination of <br /> this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. <br /> 9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS§§24-18-201 and 24-50-507. <br /> The signatories aver that to their knowledge, no employee of the State has any personal or beneficial <br /> interest whatsoever in the service or property described in this contract. Contractor has no interest and <br /> shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the <br /> performance of Contractor's services and Contractor shall not employ any person having such known <br /> interests. <br /> 10. VENDOR OFFSET. CRS§§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental <br /> agreements] Subject to CRS§24-30-202.4 (3.5), the State Controller may withhold payment under the <br /> State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts <br /> or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in <br /> CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher <br /> Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e)other <br /> unpaid debts owing to the State as a result of final agency determination or judicial action. <br /> 11. PUBLIC CONTRACTS FOR SERVICES. CRS§8-17.5-101. [Not Applicable to agreements relating <br /> to the offer, issuance, or sale of securities, investment advisory services or fund management <br /> services, sponsored projects, intergovernmental agreements, or information technology services <br /> or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or <br /> contract with an illegal alien who will perform work under this contract and will confirm the employment <br /> eligibility of all employees who are newly hired for employment in the United States to perform work under <br /> this contract, through participation in the E-Verify Program or the Department program established <br /> pursuant to CRS§8-17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien <br /> to perform work under this contract or enter into a contract with a subcontractor that fails to certify to <br /> Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform <br /> work under this contract. Contractor(a) shall not use E-Verify Program or Department program <br /> procedures to undertake pre-employment screening of job applicants while this contract is being <br /> performed, (b) shall notify the subcontractor and the contracting State agency within three days if <br /> Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for <br /> work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or <br /> contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with <br /> reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), <br /> by the Colorado Department of Labor and Employment. If Contractor participates in the Department <br /> program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or <br /> political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work <br /> Page 4 of 6 <br />
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