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DocuSign Envelope ID:07C464C4-FDB6-434A-A01B-558064E4E858
<br /> PO#:461001815
<br /> Routing#:22-HA3-ZG-00070
<br /> G. PROHIBITED TERMS.
<br /> Any term included in this Contract that requires the State to indemnify or hold Contractor harmless;requires
<br /> the State to agree to binding arbitration;limits Contractor's liability for damages resulting from death,bodily
<br /> injury,or damage to tangible property;or that conflicts with this provision in any way shall be void ab initio.
<br /> Nothing in this Contract shall be construed as a waiver of any provision of§24-106-109 C.R.S. Any term
<br /> included in this Contract that limits Contractor's liability that is not void under this section shall apply only
<br /> in excess of any insurance to be maintained under this Contract,and no insurance policy shall be interpreted
<br /> as being subject to any limitations of liability of this Contract.
<br /> H. SOFTWARE PIRACY PROHIBITION.
<br /> State or other 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 restrictions.
<br /> Contractor hereby certifies and warrants that,during the term of this Contract and any extensions,Contractor
<br /> has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds.
<br /> If the State determines that Contractor is in violation of this provision,the State may exercise any remedy
<br /> available at law or in equity or under this Contract,including,without limitation,immediate termination of
<br /> this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
<br /> I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507,
<br /> C.R.S.
<br /> The signatories aver that to their knowledge,no employee of the State has any personal or beneficial interest
<br /> whatsoever in the service or property described in this Contract. Contractor has no interest and shall not
<br /> acquire any interest,direct or indirect,that would conflict in any manner or degree with the performance of
<br /> Contractor's services and Contractor shall not employ any person having such known interests.
<br /> J. VENDOR OFFSET AND ERRONEOUS PAYMENTS.§§24-30-202(l)and 24-30-202.4,C.R.S.
<br /> Subject to §24-30-202.4(3.5),C.R.S.,the State Controller may withhold payment under the State's vendor
<br /> offset intercept system for debts owed to State agencies for: (i)unpaid child support debts or child support
<br /> arrearages; (ii)unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq.,
<br /> C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv)
<br /> amounts required to be paid to the Unemployment Compensation Fund;and(v)other unpaid debts owing to
<br /> the State as a result of final agency determination or judicial action. The State may also recover,at the State's
<br /> discretion,payments made to Contractor in error for any reason,including,but not limited to,overpayments
<br /> or improper payments,and unexpended or excess funds received by Contractor by deduction from subsequent
<br /> payments under this Contract, deduction from any payment due under any other contracts, grants or
<br /> agreements between the State and Contractor,or by any other appropriate method for collecting debts owed
<br /> to the State.
<br /> K. PUBLIC CONTRACTS FOR SERVICES.§8-17.5-101,etseq.,C.R.S.
<br /> Contractor certifies,warrants,and agrees that it does not knowingly employ or contract with an illegal alien
<br /> who will perform work under this Contract and will confirm the employment eligibility of all employees who
<br /> are newly hired for employment in the United States to perform work under this Contract, through
<br /> participation in the E-Verify Program or the State verification program established pursuant to §8-17.5-
<br /> 102(5)(c),C.R.S.,Contractor shall not knowingly employ or contract with an illegal alien to perform work
<br /> under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the
<br /> Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
<br /> Contract. Contractor (i) shall not use E-Verify Program or the program procedures of the Colorado
<br /> Department of Labor and Employment("Department Program") to undertake pre-employment screening of
<br /> job applicants while this Contract is being performed,(ii)shall notify the Subcontractor and the contracting
<br /> State agency or institution of higher education within 3 days if Contractor has actual knowledge that a
<br /> Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall
<br /> terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien
<br /> within 3 days of receiving the notice, and(iv) shall comply with reasonable requests made in the course of
<br /> an investigation,undertaken pursuant to §8-17.5-102(5),C.R.S.,by the Colorado Department of Labor and
<br /> Employment. If Contractor participates in the Department program, Contractor shall deliver to the
<br /> contracting State agency, Institution of Higher Education or political subdivision, a written, notarized
<br /> affirmation,affirming that Contractor has examined the legal work status of such employee,and shall comply
<br /> with all of the other requirements of the Department program. If Contractor fails to comply with any
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