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<br />- <br /> <br /> <br /> <br />SPECIAL PROVISIONS (12/01 version). State Fiscal Rule 3-1 requires the inclusion ofthese Special <br />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 <br />of Colorado or such assistant as he may designate. <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 <br />upon funds for that purpose being appropriated, budgeted, and otherwise made available. <br />3. INDEMNIFICATION. <br /> <br />The CONTRACTOR shall indemnify, save, and hold harmless the State, ils employees and agents, againsl <br />any and all claims, damages, liability and court awards including cosls, expenses, and attorney fees <br />incurred as a resuil of any act or omission by the CONTRACTOR, or its employees, agents, subcontractors, or <br />assignees pursuant to the terms of this contract. 6 <br /> <br />7. INDEPENDENT CONTRACTOR. 4 CCR 801-2 <br /> <br />The contractor shall perform its duties hereunder as an independent contractor and not as an employee. <br />Neither the contractor nor any agent or employee of the contractor shall be or shall be deemed to be an <br />agent or employee of the state. Conlractor shall pay when due all required employment taxes and income <br />tax and local head tax on any monies paid by the State pursuant to this contract. Contractor acknowledges <br />lhat the contractor and its employees are nol entitled to unemployment insurance benefits unless the <br />contractor or third party provides such coverage and that the state does not pay for or otherwise provide <br />such coverage. Contractor shall have no authorization, express or implied, to bind the state to any <br />agreements, liability, or understanding except as expressly set forth herein. Contractor shall provide and <br />keep in force Workers' Compensation (and provide proof of such insurance when requested by the State) <br />and unemployment compensation insurance in the amounls required by law, and shall be solely responsible <br />for lhe acts of the contractor, its employees and agenls. <br /> <br />4. 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 />5. CHOICE OF LAW. <br /> <br />The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be <br />applied in the interpretation, execution, and enforcement of this contract. Any provision of this <br />contract, whether or not incorporated herein by reference, which provides for arbitration by any <br />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 <br />herein by reference which purports to negate this or any other special provision in whole or in <br />part shall be valid or enforceable or available in any action at law whether by way of complaint, <br />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 <br />execution. <br /> <br />At all times during the performance of this contract, the Contractor shall strictly adhere to all <br />applicable federal and State laws, rules, and regulations that have been or may hereafter be <br />established. <br /> <br />8. 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 <br />agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support <br /> <br />Page 8 of9 <br />