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SECTION 21 SPECIAL PROVISIONS
<br />(Not for Use with Inter-Governmental Contracts)
<br />19. CONTROLLER'S APPROVAL. CRS 24-30-202 (1)
<br />This contract shall not be deemed valid until it has been approved by [he Controller of the State of Colorado or such assistant as he may desiptate.
<br />20. FUND AVAILABILITY. CRS 24-30-202(5.5)
<br />Financial obligations of the Stale of Colorado payable aRer the torten! fiscal year ve contingent upon funds fw that purpou being appropriated, budgeted, and
<br />otherwise made available.
<br />21. INDEMNIFICATION.
<br />The Contractor shall mdentnify, save, and hold hamdess the State, ita employees and agents, against any and all claims, damages, liability and court awards
<br />including costs, expenses, and attorney fees incurred as a resuh of any act or omission by the Contractor, or its employees, agents, subcontracmrs, or assignees
<br />pursuant to the temu of this crntratt.
<br />22. INDEPENDENT CONTRACTOR. 4 CCR 801-2
<br />THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER
<br />THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGEM OR
<br />EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL
<br />THE CONTRACTOR
<br />OR THIRD PARTY
<br />HAV E NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BMD THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDMG EXCEPT AS
<br />EXPRESSLY SET FORTH HEREM. CONTRACTOR SHALL PROVIDE AND KEEP M FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF
<br />SUCH INSURANCE WHEN REQUESTED BV THE STATE) AND UNEMPLOYMENT COMPENSATION MSURANCE M THE AMOUNTS REQUIRED BY
<br />LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS.
<br />23. NON-DISCRIMINATION.
<br />The contractor ogees to comply with the letter antl the spvi1 of all applicable state and federal laws respecting discrimination and unfav employnten[ practices
<br />24. CHOICE OF LAW.
<br />The laws of the State o(Colorado and cotes and rebmladons issued pursuant [hereto shall be applied N He interpretation, execution, and enforcement of this contract.
<br />Any provision of tfiis contract. whether or not inmryorated herein by reference, which provides for arbitration by any extra-(udicial body or person or which is
<br />otherwise N conflict with said laws, cotes, and regulations shall be considered null and void. Nothing contained in any proviston incorporated herein by reference
<br />which purports to negate Nis or any other special provision N wbole or N pan shall be valid or enforceable or available m any action at law whether by way of
<br />complaint, defense, or otherwise. Any provision rrndered null and void by the operation of (his provision will not invalidate the remainder of this contract to the
<br />extent that the contract is capable of execution.
<br />At all times during the perfomrance of Nis contract, the Contractor shall strictly adhere to aII applicable federal and State Paws, rules, and regulations Hat have been
<br />or stay hereafter be established.
<br />25. VENDOR OFFSET. CRS 24-30-202 (1) & CRS 24-30-202.4
<br />Pursuant to CRS 24-30-202.4 (az emended), the Stale Controller may withhold debts owed to State agrncies under the vendor offset intercept system far. (a) unpaid
<br />child support deb[ ar child support amarags; (b) unpaid balance of tax, accrved interest, or other charges specified N Article 21, Title 39, CRS; (c) unpaid loans
<br />due to the SNden[ Loan Division of the Deparhssent of Hitter Education; (d) owed amounts requved to be paid to [be Unemployment Comprnsation Fund; and (e)
<br />other unpaid debts owing to the State or any agency Hereof, the amount of wbich is found to be owing as a result of final agency determination or reduced to
<br />judgnsent as certified by the controller.
<br />26. SOFTWARE PIRACY PROHIBITION Govemgfs Executive ONer D D02 00
<br />No State or other public funds payable under His Contract shall be used for the acquisition, opeation, or maintenance of computer software N violation of United
<br />States rnpyright laws or applicablc licensing restrictions. The Contractor hereby certifies thaq for He resin of[his Contract and any extensions, He Cantracror has N
<br />place appropriate systems and controls to prevent such hnpmper use of public funds, If He State detemtines Hat He Contractor is m violation of His paragaph, He
<br />State n,ay exercise any remedy available at law or equity Or under this Contract, wduding, without Imtita[ion, immediate termination of the Concoct and any remedy
<br />consistent with United States copY+ight laws ar applicable licensing restrictions.
<br />27. EMPLOYEE FINANCIAL INTEREST. CRS 24-1a-201 and CRS 24-50.507
<br />The siptamnes aver char to Hev Imowledse, no employee of He State of Colorado has any personal or beneficial interest whatsoever H He service or property
<br />described herein.
<br />10. ILLEGAL ALIENS- PUBLIC CONTRACTS FOR SERVICES. CRS e-17.5-101 and 24-76.5-101
<br />The Contractor certiFles that the Contractor shall comply with the provisions of CRS 8-17.5-101 et seq. The Contractor shall not
<br />knowingly employ or contract with an illegal alien to pertorm work under [his contract or enter into a contract with a subcontractor
<br />that fails to cettify [0 the Contractor [hat [he subcontractor shall not knowingly employ or contract with an illegal alien to perform
<br />work under this contract. The Contractor represents, warrants, and agrees that it (i) has veriFled that it does not employ any
<br />illegal aliens, through participation in the Basic Pilot Employment VeriFlCation Program administered by the Social Security
<br />Administration and Department of Homeland Security, and (ii) otherwise will comply with the requirements of CRS 6-17.5-
<br />102(2)(h), The Contractor shall comply with all reasonable requests made in [he course of an investigation under CRS 8-17.5-iD2
<br />by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or
<br />CRS 8-17.5-101 et seq., the State may terminate this contract for breach and the Contractor shall be liable for actual and
<br />consequential damages to the State.
<br />A Contractor [hat operates as a sole proprietor hereby swears or affirms under penalty of perjury that the Contractor (i) is a citizen
<br />of the United Slates or otherwise lawfully present in [he United States pursuant to federal law, (ii) shall comply with [he provisions
<br />of CRS 24-76.5-101 et seq, and (iii) shall produce one of the forms of identiFlcation required by CRS 24-76.5-103 prior to the
<br />effective date of [his Contract. Except where exempted by federal law antl except as provided in CRS 24-76.5-t03(3), a
<br />Contractor that receives federal or state funds untler [his contract must confrm that any individual natural person eighteen years
<br />of age or older is lawfully present in the United States pursuant to CRS 24-76.5-103(4) iF such individual applies for public benefits
<br />provided under this contract.
<br />(L) 6£eec[ive W[¢ of SpXtal Pio vtalOne: Augur[ "l.
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