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.
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