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<br />Controller's Approval <br /> <br />1. This contract shall not be deemed valid until it shail have been approved by the Controiler of the State of <br />Colorado or such assistant as he may designate. This provision is applicable to any contract involving <br />the payment of money by the STATE. <br /> <br />FUNO AVAILABILITY <br /> <br />2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon <br />funds for that purpose beirig appropriated. budgeted. and otherwise made available. <br /> <br />BOND REQUIREMENT <br /> <br />3. If this contract involves the payment of more than fifty thousand doilars for the construction. erection, <br />repair. maintenance. or improvement of any building. road. bridge, viaduct. tunnel. excavation or other <br />public work for this STATE. the CONTRACTOR shall. before entering upon the performance of any such <br />work included in this contract, duly execute and deliver to the STATE official who will sign the contract. a <br />good and sufficient bond or other acceptable s~rety to be approved by said official in a penal sum not <br />less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly <br />executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in <br />addition. shail provide that if the CONTRACTOr< or his subcontractors fail to duly pay for any labor. <br />materials, team hire, sustenance. provisions, provendor or other supplies used or consumed by such <br />CONTRACTOR or his subcontractor in performance of the work contracted to be done or fails to pay any <br />person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will <br />pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate <br />of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the <br />CONTRACTOR arising under such contract shail be audited, ailowed or paid. A certified or cashier's check <br />or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a <br />bond. This provision is in compliance with C,R.S, 38-26-106. <br /> <br />INDEMNIFICATION <br /> <br />4. To the extent authorized by law. the CONTRACTOR shail indemnify, save, and hold harmless the STATE. its <br />employees and agents, against any and all c1airns, damages. liability and court awards including costs, <br />expenses, and attorney fees incurred as a result of any act or omission by the CONTRACTOR, or its <br />employees. agents. subcontractors, or assignees pursuant to the terms of this contract. <br /> <br />DISCRIMINATION AND AFFIRMATIVE ACTION <br /> <br />5. The CONTRACTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of <br />1957. as amended. and other applicable law re5pecting discrimination and unfair employment practices <br />(C.R.S. 24-34-402). and as required by Executive Order. Equal Opportunity and Affirmative Action. dated <br />April 16. 1975. Pursuant thereto, the following provisions shall be contained in all STATE contracts or sub- <br />contracts. <br /> <br />During the performance of this contract, the CONTRACTOR agrees as foilows: <br /> <br />a. The CONTRACTOR will not discriminate again5t any employee or applicant tor employment because of <br />race. creed. color. national origin, sex, martial status, religion. ancestry, mental or physical handicap, <br />or age. The CONTRACTOR will take affirmative action to insure that applicants are employed, and that <br />employee5 are treated during employment. without regard to the above mentioned characteristics. <br />Such action shail include, but not be limited to the following: employment upgrading, demotion, or <br />transfer. recruitment or recruitment advertisings; lay-offs or terminations; rates of payor other forms <br />of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to <br />post in conspicuous places. available to er1'1ployees and applicants for employment, notices to be <br />provided by the contracting officer setting forth provisions of this non-discrimination clause, <br /> <br />b. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of <br />the CONTRACTOR. state that ail qualified applicants will receive consideration for employment without <br />regard to race, creed. color, national origin. sex, martial status, religion. ancestry. mental or physical <br />handicap, or age, <br /> <br />Town of Palisade <br /> <br />Page 9 of 11 <br />