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other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the <br /> Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter <br /> amended. <br /> 4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an <br /> independent contractor and not as an employee. Neither Contractor nor any agent or employee of <br /> Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees <br /> and agents are not entitled to unemployment insurance or workers compensation benefits through <br /> the State and the State shall not pay for or otherwise provide such coverage for Contractor or any <br /> of its agents or employees. Unemployment insurance benefits will be available to Contractor and <br /> its employees and agents only if such coverage is made available by Contractor or a third party. <br /> Contractor shall pay when due all applicable employment taxes and income taxes and local head <br /> taxes incurred pursuant to this contract. Contractor shall not have authorization, express or <br /> implied, to bind the State to any agreement, liability or understanding, except as expressly set forth <br /> herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment <br /> compensation insurance in the amounts required by law, (b) provide proof thereof when requested <br /> 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 <br /> laws, rules, and regulations in effect or hereafter established, including, without limitation, laws <br /> applicable to discrimination and unfair employment practices. <br /> 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be <br /> applied in the interpretation, execution, and enforcement of this contract. Any provision included or <br /> incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null <br /> and void. Any provision incorporated herein by reference which purports to negate this or any other <br /> Special Provision in whole or in part shall not be valid or enforceable or available in any action at <br /> law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by <br /> the operation of this provision shall not invalidate the remainder of this contract, to the extent <br /> capable of execution. <br /> 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding <br /> arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or <br /> incorporated herein by reference shall be null and void. <br /> 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other <br /> public funds payable under this contract shall not be used for the acquisition, operation, or <br /> maintenance of computer software in violation of federal copyright laws or applicable licensing <br /> restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any <br /> extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent <br /> such improper use of public funds. If the State determines that Contractor is in violation of this <br /> provision, the State may exercise any remedy available at law or in equity or under this contract, <br /> including, without limitation, immediate termination of this contract and any remedy consistent with <br /> federal copyright laws or applicable licensing restrictions. <br /> 9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50- <br /> 507. The signatories aver that to their knowledge, no employee of the State has any personal or <br /> beneficial interest whatsoever in the service or property described in this contract. Contractor has <br /> no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or <br /> degree with the performance of Contractor's services and Contractor shall not employ any person <br /> having such known interests. <br /> 10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to <br /> intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may <br /> withhold payment under the State's vendor offset intercept system for debts owed to State <br /> agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, <br /> Colorado Division of Reclamation, Mining and Safety <br /> Page 21 of 22 Pages <br /> Revised: 8/25/2017 <br />