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P. CORA Disclosure
<br />To the extent not prohibited by federal law, this Grant and the performance measures and standards under
<br />CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS
<br />§24-72-101, et seq.
<br />21. COLORADO SPECIAL PROVISIONS
<br />The Special Provisions apply to all Grants except where noted in italics.
<br />A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1).
<br />This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or
<br />designee.
<br />B. FUND AVAILABILITY. CRS §24-30-202(5.5).
<br />Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
<br />purpose being appropriated, budgeted, and otherwise made available.
<br />C. GOVERNMENTAL IMMUNITY.
<br />No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any
<br />of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental
<br />Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et
<br />seq., as applicable now or hereafter amended.
<br />D. INDEPENDENT CONTRACTOR
<br />Grantee shall perform its duties hereunder as an independent Grantee and not as an employee. Neither
<br />Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State.
<br />Grantee and its 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 Grantee or
<br />any of its agents or employees. Unemployment insurance benefits shall be available to Grantee and its
<br />employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall
<br />pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to
<br />this Grant. Grantee shall not have authorization, express or implied, to bind the State to any Grant, liability
<br />or understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers'
<br />compensation and unemployment compensation insurance in the amounts required by law, (b) provide
<br />proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its
<br />employees and agents.
<br />E. COMPLIANCE WITH LAW.
<br />Grantee shall strictly 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.
<br />Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
<br />execution, and enforcement of this grant. Any provision included or incorporated herein by reference
<br />which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated
<br />herein by reference which purports to negate this or any other Special Provision in whole or in part shall
<br />not be valid or enforceable or available in any action at law,. whether by way of complaint, defense, or
<br />otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the
<br />remainder of this Grant, to the extent capable of execution.
<br />G. BINDING ARBITRATION PROHIBITED.
<br />The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any
<br />provision to the contrary in this contact or incorporated herein by reference shall be null and void.
<br />H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
<br />State or other public funds payable under this Grant shall not be used for the acquisition, operation, or
<br />maintenance of computer software in violation of federal copyright laws or applicable licensing
<br />restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions,
<br />Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of
<br />public funds. If the State determines that Grantee is in violation of this provision, the State may exercise
<br />any remedy available at law or in equity or under this Grant, including, without limitation, immediate
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