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PO 9 461000422
<br />Routing # 17-RA2-ZO-000M8
<br />SECTION 2a 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 approved by the
<br />Colorado State Controller or designee.
<br />2 FUND AVAILABILITY. CRS §24-30-202(55). Financial obligations of the State payable after the current fiscal year are
<br />contingent upon funds for that purpose bcmg appropriated, budgeted. and otherwise made available.
<br />3. GOVERNMENTAL Ilâ–º' MUNTTY No term or condition of flus contract shall be construed or interpreted as a watver, express
<br />or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity
<br />Act, CRS §24-10-101 et scq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 26,1 et seq., as applicable now or
<br />hereafter amended.
<br />4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an
<br />employee. Neither Contractor nor an} agent or employee of Contractor shall be deemed to be an agent or employee of the State.
<br />Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through
<br />the Stan and the State 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 such coverage is made
<br />available by Contractor or a third parry. Contractor shall pay when due all applicable employment taxes and income taxes and
<br />local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to
<br />any agreement, liability or 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) provide proof thereof
<br />when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents.
<br />5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations
<br />in effect or hereafter established, including, without limitation, lau s applicable to discrimination and unfair employment
<br />practices.
<br />6. CHOICE OF LAR'. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation.
<br />execution, and enforcement of this contract Anv provision included or incorporated herein by reference which conflicts with said
<br />laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports w ne¢ate this
<br />or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by
<br />way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not
<br />invalidate the remainder of this contract, to the extent capable of execution.
<br />7. BINDING ARBITRATION PROMITED. The State of Colorado does not agree to binding arbitration by any extra judicial
<br />body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void.
<br />8. SOFTWARE PIRACY' PROHIBITION. Governor's Executive Order D 002 00, State or other public funds payable under
<br />this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal
<br />copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract
<br />and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of
<br />public funds. If the State determines that Contractor is in violation of this pro%inion, the State may exercise any remedy available
<br />at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy
<br />consistent with federal copyright laws or applicable licensing restrictions
<br />9. EMPLOYEE FINANCIAL INTEREST.+COhFLIC I' OF INTEREST. CRS §§2418-201 and 24-50-307. The signatories
<br />aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or
<br />property described in this contract Contractor has no interest and shall not acquire any interest, direct or indirect, that would
<br />conflict in any manner or degree with the performance of C=ontractor's services and Contractor shall not employ any person
<br />having such ]mown interests.
<br />10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental agreements] Subject to
<br />CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts
<br />owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued
<br />interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the
<br />Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fuad; and (e) other
<br />unpaid debts owing to the State as a result of inial agency determination or judicial action.
<br />11. PUBLIC CONTRACTS FOR SERVICES. CRS §&17.5-101. [Nor.4pplicable to agreements relating to the offer, issuance,
<br />or sale of securities, investment advisory services ar fund management services, sponsored projects, intergovernmental
<br />agreements, or information technologic services err products and services] Contractor certifies, warrants, and agrees that it does
<br />not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the
<br />employment eligibility of all employees who are newly hired for employment in the United States to ggffDrm work under
<br />CPU c through participation in the E -Verify Program or the Department program establisher] pursuant to CRS §8-17.5-
<br />102(5Xc), Contractor shall not knowingly employ or contract with an illegal alien to perf rm woe - der this contract or enter
<br />into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or
<br />contract with an illegal alien to work- under thi5 con C ontractor (a) shall not use E -Verify Program or Department
<br />program procedures to undertake pre-employment screening oflob applicants while this contract is being performed, (b) shall
<br />notify the subcontractor and thr contracting State agency within three days if Contractor has actual knowledge that a
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