|
C. GOVERNMENTAL IMMUNITY.
<br /> Liability for claims for injuries to persons or property arising from the negligence of the State, its
<br /> departments, boards, commissions committees, bureaus, offices, employees and officials shall be
<br /> controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101,et
<br /> seq.,C.R.S.;the Federal Tort Claims Act,28 U.S.C.Pt.VI,Ch. 171 and 28 U.S.C. 1346(b),and the
<br /> State's risk management statutes, §§24-30-1501,et seq.C.R.S. No term or condition of this Contract
<br /> shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
<br /> benefits,protections,or other provisions,contained in these statutes.
<br /> D. INDEPENDENT CONTRACTOR.
<br /> Contractor shall perform its duties hereunder as an independent contractor and not as an employee.
<br /> Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee
<br /> of the State. Contractor shall not have authorization, express or implied, to bind the State to any
<br /> agreement, liability or understanding, except as expressly set forth herein. Contractor and its
<br /> employees and agents are not entitled to unemployment insurance or workers compensation
<br /> benefits through the State and the State shall not pay for or otherwise provide such coverage for
<br /> Contractor or any of its agents or employees. Contractor shall pay when due all applicable
<br /> employment taxes and income taxes and local head taxes incurred pursuant to this Contract.
<br /> Contractor shall (i) provide and keep in force workers' compensation and unemployment
<br /> compensation insurance in the amounts required by law,(ii)provide proof thereof when requested
<br /> by the State,and(iii)be solely responsible for its acts and those of its employees and agents.
<br /> E. COMPLIANCE WITH LAW.
<br /> Contractor shall comply with all applicable federal and State laws,rules,and regulations in effect or
<br /> hereafter established, including, without limitation, laws applicable to discrimination and unfair
<br /> employment practices.
<br /> F. CHOICE OF LAW,JURISDICTION,AND VENUE.
<br /> Colorado law,and rules and regulations issued pursuant thereto,shall be applied in the interpretation,
<br /> execution,and enforcement of this Contract.Any provision included or incorporated herein by reference
<br /> which conflicts with said laws,rules,and regulations shall be null and void.All suits or actions related
<br /> to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall
<br /> be in the City and County of Denver.
<br /> G. PROHIBITED TERMS.
<br /> Any term included in this Contract that requires the State to indemnify or hold Contractor harmless;
<br /> requires the State to agree to binding arbitration;limits Contractor's liability for damages resulting from
<br /> death,bodily injury,or damage to tangible property;or that conflicts with this provision in any way shall
<br /> be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of§24-106-
<br /> 109 C.R.S.
<br /> H. SOFTWARE PIRACY PROHIBITION.
<br /> State or other public funds payable under this Contract shall not be used for the acquisition,operation,
<br /> or 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 such
<br /> improper use of public funds.If the State determines that Contractor is in violation of this provision,the
<br /> State may exercise any remedy available at law or in equity or under this Contract,including,without
<br /> limitation,immediate termination of this Contract and any remedy consistent with federal copyright laws
<br /> or applicable licensing restrictions.
<br /> I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST.§§24-18-201 and 24-50-507,
<br /> C.R.S.
<br /> Page 5 of 12 Rev.March 2023
<br />
|