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<br />SPECIAL PROVISIONS
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<br />The Special Provisions apply to all Contracts except where noted in italics.
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<br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1). This Contract shall not be deemed
<br />valid until it has been approved by the Colorado State Controller or designee.
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<br />2. FUND AVAILABILITY. CRS 24-30-202(5.5). Financial obligations of the State payable
<br />after the current fiscal year are contingent upon funds for that purpose being appropriated,
<br />budgeted, and otherwise made available.
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<br />3. INDEMNIFICATION. To the extent allowed by law, Contractor shall indemnify, save, and
<br />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 and related costs,
<br />incurred as a result of any act or omission by Contractor, or its employees, agents,
<br />subcontractors, or assignees pursuant to the terms of this Contract.
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<br />[Applicable Only to Intergovernmental Contracts} No term or condition of this Contract shall
<br />be construed or interpreted as a waiver, e?Cpress or implied, of any of the immunities, rights,
<br />benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS 24-
<br />10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or
<br />hereafter amended.
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<br />4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties
<br />hereunder as an independent Contractor and not as an employee. Neither Contractor nor any
<br />agent or employee of Contractor shall be or shall be deemed to be an agent or employee of the
<br />state. Contractor shall pay when due all required employment taxes and income taxes and
<br />local head taxes on any monies paid by the state pursuant to this Contract. Contractor
<br />acknowledges that Contractor and its employees are not entitled to unemployment insurance
<br />benefits unless Contractor or a third party provides such coverage and that the state does not
<br />pay for or otherwise provide such coverage. Contractor shall have no authorization, express or
<br />implied, to bind the state to any agreement, liability or understanding, except as expressly set
<br />forth herein. Contractor shall prOVide and keep in force workers' compensation (and provide
<br />proof of such insurance when requested by the state) and unemployment compensation
<br />insurance in the amounts required by law and shall be solely responsible for its acts and those
<br />of its employees and agents.
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<br />5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all
<br />applicable State and federal laws respecting discrimination and unfair employment practices.
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<br />6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued
<br />pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this
<br />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
<br />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
<br />other special provision in whole or in part shall be valid or enforceable or available in any action
<br />at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and
<br />void by the operation of this provision will not invalidate the remainder of this Contract, to the
<br />extent that this Contract is capable of execution. At all times during the performance of this
<br />Contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and
<br />regulations that have been or may hereafter be established.
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