APPENDIX C – CONTRACTS SPECIAL PROVISIONS

SPECIAL PROVISIONS

These Special Provisions apply to all contracts except where noted in italics.
1. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the Colorado School
of Mines (“State”) payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available.
2. GOVERNMENTAL IMMUNITY. No term or condition of this contract shal be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101
et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable
now or hereafter amended.
3. INDEPENDENT CONTRACTOR. Insert Contractor’s Legal Name (“Contractor”) shal
perform its duties hereunder as an independent contractor and not as an employee. Neither
Contractor nor any agent or employee of Contractor shal be deemed to be an agent or
employee of the State. Contractor and its employees and agents are not entitled to
unemployment insurance or workers compensation benefits through the State and the State
shal not pay for or otherwise provide such coverage for Contractor or any of its agents or
employees. Unemployment insurance benefits wil be available to Contractor and its employees
and agents only if such coverage is made available by Contractor or a third party. Contractor
shal pay when due all applicable employment taxes and income taxes and local head taxes
incurred pursuant to this contract. Contractor shal not have authorization, express or implied, to
bind the State to any agreement, liability or understanding, except as expressly set forth herein.
Contractor shal (a) provide and keep in force workers' compensation and unemployment
compensation insurance in the amounts required by law, (b) provide proof thereof when
requested by the State, and (c) be solely responsible for its acts and those of its employees and
agents.
4. COMPLIANCE WITH LAW. Contractor shal strictly comply with all applicable federal and
State laws, rules, and regulations in effect or hereafter established, including, without limitation,
laws applicable to discrimination and unfair employment practices.
5. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shal
be applied in the interpretation, execution, and enforcement of this contract. Any provision
included or incorporated herein by reference which conflicts with said laws, rules, and
regulations shal be nul and void. Any provision incorporated herein by reference which
purports to negate this or any other Special Provision in whole or in part shall not be valid or
enforceable or available in any action at law, whether by way of complaint, defense, or
otherwise. Any provision rendered nul and void by the operation of this provision shal not
invalidate the remainder of this contract, to the extent capable of execution.
6. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding
arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or
incorporated herein by reference shal be nul and void.


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7. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or
other public funds payable under this contract shal not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Contractor hereby certifies and warrants that, during the term of this contract and
any extensions, Contractor has and shall maintain in place appropriate systems and controls to
prevent such improper use of public funds. If the State determines that Contractor is in violation
of this provision, the State may exercise any remedy available at law or in equity or under this
contract, including, without limitation, immediate termination of this contract and any remedy
consistent with federal copyright laws or applicable licensing restrictions.
8. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and
24-50-507. The signatories aver that to their knowledge, no employee of the State has any
personal or beneficial interest whatsoever in the service or property described in this contract.
Contractor has no interest and shal not acquire any interest, direct or indirect, that would
conflict in any manner or degree with the performance of Contractor’s services and Contractor
shal not employ any person having such known interests.
9. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to
intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may
withhold payment under the State’s vendor offset intercept system for debts owed to State
agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of
tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans
due to the Student Loan Division of the Department of Higher Education; (d) amounts required
to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the
State as a result of final agency determination or judicial action.
10. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to
agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental
agreements, or information technology services or products and services] Contractor
certifies, warrants, and agrees that it does not knowingly employ or contract with an il egal alien
who wil perform work under this contract and wil confirm the employment eligibility of all
employees who are newly hired for employment in the United States to perform work under this
contract, through participation in the E-Verify Program or the Department program established
pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or contract with an
il egal alien to perform work under this contract or enter into a contract with a subcontractor that
fails to certify to Contractor that the subcontractor shal not knowingly employ or contract with an
il egal alien to perform work under this contract. Contractor (a) shal not use E-Verify Program or
Department program procedures to undertake pre-employment screening of job applicants while
this contract is being performed, (b) shal notify the subcontractor and the contracting State
agency within three days if Contractor has actual knowledge that a subcontractor is employing
or contracting with an il egal alien for work under this contract, (c) shal terminate the
subcontract if a subcontractor does not stop employing or contracting with the il egal alien within
three days of receiving the notice, and (d) shal comply with reasonable requests made in the
course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado
Department of Labor and Employment. If Contractor participates in the Department program,
Contractor shal deliver to the contracting State agency, Institution of Higher Education or
political subdivision a written, notarized affirmation, affirming that Contractor has examined the
legal work status of such employee, and shal comply with all of the other requirements of the
Department program. If Contractor fails to comply with any requirement of this provision or CRS
§8-17.5-101 et seq., the contracting State agency, institution of higher education or political


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subdivision may terminate this contract for breach and, if so terminated, Contractor shal be
liable for damages.
11. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a
natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of
perjury that they (a) is a citizen or otherwise lawfully present in the United States pursuant to
federal law, (b) shal comply with the provisions of CRS §24-76.5-101 et seq., and (c) has
produced one form of identification required by CRS §24-76.5-103 prior to the effective date of
this contract.
12. PROTECTION OF MINORS. Colorado School of Mines is committed to the safety of al
individuals in its community and has implemented a Policy on the Protection of Minors
(http://inside.mines.edu/UserFiles/File/PoGo/Policies/HRS/HRS_Policy_Protection_of_Minors.pdf). The
Contractor affirms that that they are aware that individuals under the age of 18 may be present on
campus during the performance of this contract and the Contractor has taken reasonable
precautions regarding their employees, volunteers, or participants to protect the safety and
wel being of minors and ensure compliance with applicable laws. By signing this agreement, the
Contractor certifies that they are aware of, and wil comply with, al aspects of the Colorado School
of Mine’s Policy on the Protection of Minors found at
http://inside.mines.edu/UserFiles/File/PoGo/Policies/HRS/HRS_Policy_Protection_of_Minors.pdf.








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