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PROJC00666
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PROJC00666
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Last modified
11/19/2009 11:28:06 AM
Creation date
10/6/2006 12:12:10 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C150083
Contractor Name
John Peroulis and Sons Partnership
Contract Type
Loan
Water District
44
County
Moffat
Loan Projects - Doc Type
Contract Documents
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<br />14.Additional Contract Requirements. Any additional contract requirements are shown in <br />Additional Contract Requirement (Section 10) of the Project Summary, <br /> <br />SPECIAL PROVISIONS (12/01 version), State Fiscal Rule 3-1 requires the inclusion of these <br />Special Provisions in every STATE contract, including grants, <br /> <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 <br />or such assistant as he 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 up'on funds <br />for that purpose being 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 <br />and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a <br />result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees <br />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 <br />EMPLOYEE, NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL <br />BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE, CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED <br />EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS <br />CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO <br />UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND <br />THAT THE STATE OOES NOT PAY FOR OR OTHERWISE PROVIOE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO <br />AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING <br />EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' <br />COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT <br />COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS <br />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 <br />respecting discrimination and 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 <br />interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not <br />incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which <br />is otherwise in conflict with said laws, rules, and regulations shall be considered null and void, Nothing <br />contained In any provision incorporated herein by reference which purports to negate this or any other special <br />provision in whole or in part shall 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 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 <br />federal and State iaws, 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 <br />under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) <br />unpaid balance of tax, accrued Interest, or other charges specified in Article 21, Title 39, CRS; (c) unpaid <br /> <br />Page 7 of 8 <br /> <br />Loan Contract <br />
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