Laserfiche WebLink
upon funds for that purpose being appropriated, budgeted, and otherwise made <br /> available. <br /> 8. This amendment shall not be deemed valid or effective until it shall have been <br /> approved by the controller of the State of Colorado or such assistant as he may <br /> designate. <br /> 9. The Parties agree that the Contract Amendment Service Fee referenced in paragraph <br /> 5 above is waived in this instance. <br /> SPECIAL PROVISIONS <br /> These 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 <br /> 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 <br /> current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and <br /> otherwise made available. <br /> 3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted <br /> as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, <br /> 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 <br /> contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be <br /> deemed to be an agent or employee of the State. Contractor and its employees and agents are not <br /> entitled to unemployment insurance or workers compensation benefits through the State and the State <br /> shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. <br /> Unemployment insurance benefits will be available to Contractor and its employees and agents only if <br /> such coverage is made available by Contractor or a third party. Contractor shall pay when due all <br /> applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. <br /> Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or <br /> understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force <br /> workers' compensation and unemployment compensation insurance in the amounts required by law, (b) <br /> provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of <br /> its employees and agents. <br /> 5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, <br /> rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to <br /> discrimination and unfair employment practices. <br /> 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 /> Page 3 of 5 <br />