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<br />. <br /> <br />. <br /> <br />(Not for Use with Inter-Governmental Contracts) <br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) <br /> <br />This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he <br />may designate. <br /> <br />2. FUND AVAILABILITY. CRS 24-30-202 (5.5) <br /> <br />Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being <br />appropriated, budgeted, and otherwise made available. <br /> <br />3. INDEMNIFICATION. <br /> <br />The Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, <br />liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, <br />or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. <br /> <br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br /> <br />THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER <br />THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE <br />OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON <br />ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS <br />EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH <br />COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO <br />AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS <br />EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF <br />OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED <br />BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. <br /> <br />5. NON-DISCRIMINATION. <br /> <br />The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and <br />unfair employment practices. <br /> <br />6. CHOICE OF LAW. <br /> <br />The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, <br />execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, <br />which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and <br />regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports <br />to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law <br />whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will <br />not invalidate the remainder of this contract to the extent that the contract is capable of execution. <br /> <br />At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and State laws, <br />rules, and regulations that have been or may hereafter be established. <br /> <br />7. VENDOR OFFSET. CRS 24-30-202 (1) &CRS 24-30-202.4 <br /> <br />Pursuant to CRS 24-30-202.4 (as amended), the State Controller may withhold debts owed to State agencies under the vendor <br />offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance oftax, accrued interest, or <br />other charges specified in Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of <br />Higher Education; (d) owed amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts <br />owing to the State or any agency thereof, the amount of which is found to be owing as a result of final agency determination or <br />reduced to judgment as certified by the controller. <br /> <br />8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507 <br /> <br />The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest <br />whatsoever in the service or property described herein. <br /> <br />Revised: 12/1101 <br /> <br />REV. 12/2001 <br />