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<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 shall be audited, allowed 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.RS. 38-26-106. <br /> <br />INDEMNIFICATION <br /> <br />4. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless the STATE, its <br />employees and agents, against any and all claims, 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 respecting discrimination and unfair employment practices <br />(C.RS. 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated <br />April 16, 1.975. Pursuant thereto, the following provisions shall be contained in all STATE contracts or sub- <br />contracts. <br /> <br />During the performance of this Gontract, the CONTRACTMR lls follows: <br /> <br />a. The CONTRACTOR will not discriminate against.. r applicant for employment because of <br />race, creed, color, national origin, sex, ma.rt. ial r., religionf5~' mental or physical handicap, <br />or age. The CONTRACTOR will take affirmative actio:E u at ~ 'cants are employed, and that <br />employees are treated during employme[)~;;" utove mentioned characteristics. <br />Such action shall include, but not be limi~d e . 'towing: employment upgrading, demotion, or <br />. '1f-,~ <br />transfer, recruitment or recruitment advertistngs; 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 employees 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 all 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 />c. The CONTRACTOR will send to each labor union or representative of workers with which he has a <br />collective bargaining agreement or other contract or understanding, notice to be provided by the <br />contracting officer, advising the labor union or workers' representative of the CONTRACTOR'S <br />commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, <br />1975, and of the rules, regulations, and relevant Orders of the Governor. <br /> <br />d. The CONTRACTOR and labor unions will furnish all information and reports required by Executive <br />Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and <br />Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and <br />accounts by the contracting agency and the office of the Governor or his designee for purposes of <br />investigation to ascertain compliance with such rules, regulations and orders. <br /> <br />e. A labor organization will not exclude any individual otherwise qualified from full membership rights in <br />such labor organization, or expel any such individual from membership in such labor organization or <br />discriminate against any of its members in the full enjoyment of work opportunity because of race, <br />creed, color, sex, national origin, or ancestry. <br /> <br />f. A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce <br />the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person <br />from complying with the provisions of this contract or any order issued thereunder; or attempt, either <br />directly or indirectly, to commit any act defined in this contract to be discriminatory. <br /> <br />City of Loveland and City of Loveland, <br />Colorado, Water Enterprise <br /> <br />Page 13 of 15 <br />