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IJULI-101 II CI IVCIUFIC IL/.U/D/L rOH-OLr C-4D01-f\000-4 I I4OJ1700C4U <br /> PO#:461002243 <br /> Routing#: 24-HA4-ZG-00107 <br /> 20. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) <br /> These Special Provisions apply to all contracts except where noted in italics. <br /> A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. <br /> This Contract shall not be valid until it has been approved by the Colorado State Controller <br /> or designee. If this Contract is for a Major Information Technology Project, as defined in <br /> §24-37.5-102(2.6), C.R.S., then this Contract shall not be valid until it has been approved by <br /> the State's Chief Information Officer or designee. <br /> B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. <br /> Financial obligations of the State payable after the current State Fiscal Year are contingent <br /> upon funds for that purpose being appropriated, budgeted, and otherwise made available. <br /> C. GOVERNMENTAL IMMUNITY <br /> Liability for claims for injuries to persons or property arising from the negligence of the State, <br /> its departments, boards, commissions committees, bureaus, offices, employees and officials <br /> shall be controlled and limited by the provisions of the Colorado Governmental Immunity <br /> Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and <br /> 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. <br /> No term or condition of this Contract shall be construed or interpreted as a waiver, express <br /> or implied, of any of the immunities, rights, benefits, protections, or other provisions, <br /> contained in these statutes. <br /> D. INDEPENDENT CONTRACTOR <br /> Contractor shall perform its duties hereunder as an independent contractor and not as an <br /> employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to <br /> be an agent or employee of the State. Contractor shall not have authorization, express or <br /> implied, to bind the State to any agreement, liability or understanding, except as expressly <br /> set forth herein. Contractor and its employees and agents are not entitled to <br /> unemployment insurance or workers compensation benefits through the State and the <br /> State shall not pay for or otherwise provide such coverage for Contractor or any of its <br /> agents or employees. Contractor shall pay when due all applicable employment taxes <br /> and income taxes and local head taxes incurred pursuant to this Contract. Contractor <br /> 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 <br /> requested by the State, and (iii) be solely responsible for its acts and those of its <br /> employees and agents. <br /> E. COMPLIANCE WITH LAW. <br /> Contractor shall comply with all applicable federal and State laws, rules, and regulations in <br /> effect or hereafter established, including, without limitation, laws applicable to <br /> discrimination and unfair 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 <br /> 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 <br /> be null and void. All suits or actions related to this Contract shall be filed and proceedings <br /> held in the State of Colorado and exclusive venue shall be in the City and County of Denver. <br /> Page 23 of 63 <br />