|
SECTION 24 SPECIAL PROVISIONS
<br />These Special Provisions apply to all contracts except where noted in italics.
<br />1. CONTROLLER'S APPROVAL. CRS §24+30- 202(1). This contract shall not be valid until it has been approved by
<br />the Colorado State Controller or designee.
<br />2. FUND AVAILABILITY. CRS 30- 202(5.5). Financial obligrtian of the State payable after the current fiscal
<br />year are contingent upon funds for diat purpose being appropriated, budgeted, and otherwise made available.
<br />3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a
<br />waiver, express or implied, of any of the immunities, rights, benefits, protections. or other provisions, of the Colorado
<br />Govemnrontal Immunity Act, CRS $24- 10-101 et seq., or the Federal Tat Claims Act, 28 U.S.C. ¢11346(b) and 2671 et
<br />seq., as applicable now or hereafter amended.
<br />4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and
<br />not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or
<br />employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers
<br />compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor
<br />or any of its agents or empployees. Unemployment insurance benefits will be available to Contractor and its employees
<br />and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all
<br />applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall
<br />not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as
<br />expressly set ftorth herein Contractor shall (a) provide and keep in face workers' compensation and unemployment
<br />compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c)
<br />be solely responsible for its acts and those of its employees and agents.
<br />5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and
<br />regulations in effect or hereafter established, including, without l laws applicable to discrimination and unfair
<br />employment practices.
<br />6. CHOICE OF LAW. 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 incorporated herein by reference
<br />which rls with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by
<br />reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or
<br />enforceable or available in any action at law, whether way of complaint, defense, or otherwise. Any provision
<br />rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the extent
<br />capable of execution.
<br />7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding =titration by any
<br />extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be
<br />null and void.
<br />& SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds
<br />payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in
<br />violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that,
<br />during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems and
<br />controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this
<br />provision, the 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 or applicable
<br />licensing restrictions.
<br />9. EMPLOYEE FINANCIAL INTEREST /CONFLICT OF INTEREST CRS I§24- 18-201 and 24-50 -507. The
<br />signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in
<br />the service or property described in this contract. Contractor has no interest and shall not acquire any interest, direct or
<br />indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall
<br />not employ any person having such known interests.
<br />10. VENDOR OFFSET. CRS 202 (1) and 24-30-202.4. [Net Applicable to latergorenueermtal agreements]
<br />Subject to CRS 124-30 -202.4 (3 the State Controller may withhold payment under the State's vendor offset intercept
<br />system for debts owed to State agencies for (a) unpaid child support debts or child support arranges; (b) unpaid
<br />balances of tax, accrued interest, or other charges specified in CRS ¢39-21 -101, et seq.; (e) unpaid loans due to the
<br />Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment
<br />Compensation Fund; and (a) other unpaid debts owing to the State as a result of final agency determination or judicial
<br />action.
<br />11. PUBLIC CONTRACTS FOR SERVICES. CRS §8 -17.5 -101. (Nov Applicable w agreements reledng to
<br />the offer, issuance, or sale of securliks, investment advisory services offend men gement services, sponsored
<br />projects, bate gore unextel agreements, or tsforaaallon technology services orprodruss and sendees] Contractor
<br />certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work
<br />under this contract and will confirm the employment eligibility of all employees who are newly hired fbr employment in
<br />the United States to pasgmystkindslialsegasi, through participation in the E-Vaify Program or the Department
<br />8
<br />68
<br />
|