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<br />INDEMNIFICATION
<br />4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and
<br />agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees
<br />incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignees
<br />pursuant to the terms of this contract.
<br />DISCRIMINATION AND AFF/RMATIVE ACTION
<br />5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended,
<br />and other applicable law respecting discrimination and unfair employment practices (CRS 24-34-402), and as required by
<br />Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the fol/owing
<br />provisions shall be contained in all State contracts or sub-contracts.
<br />During the performance of this contract, the contractor agrees as follows:
<br />(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed,
<br />color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will
<br />take affirmative action to insure that applicants are employed, and that employees are treated during employment,
<br />without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following:
<br />employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates
<br />of pay or other forms 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 provided by the
<br />contracting officer setting forth provisions of this non-discrimination clause.
<br />(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state
<br />that all qualified applicants will receive consideration for employment without regard to race, creed, color, national
<br />origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
<br />(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining
<br />agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor
<br />union or workers' representative of the contractor's commitment under the Executive Order, Equal Opportunity and
<br />Affirmative Action, dated April 16, 1975, and rules, regulations, and relevant Orders of the Governor.
<br />(d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal
<br />Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or
<br />pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the
<br />office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules
<br />regulations and orders.
<br />(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor
<br />organization, or expel any such individual from membership in such labor organization or discriminate against any of
<br />its members in the full enjoyment work opportunity because of race, creed, color, sex, national origin, or ancestry.
<br />(f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of
<br />any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the
<br />provision of this contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act
<br />defined in this contract to be discriminatory.
<br />(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of
<br />such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and
<br />the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in
<br />Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders
<br />promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be
<br />invoked as provided in Executive Orders, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules,
<br />regulations, or orders promulgated in accordance therewith, or as otherwise provided by law.
<br />(h) The contractor will include the provisions of paragraphs (a) through (h) in every sub-contract and subcontractor
<br />purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal
<br />Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor
<br />or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the
<br />contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance;
<br />provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation, with the
<br />subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State
<br />of Colorado to enter into such litigation to protect the interest of the State of Colorado.
<br />COLORADO LABOR PREFERENCE
<br />6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works
<br />within the State are undertaken hereunder and are financed in whole or in part be State funds.
<br />b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a
<br />preference against a non-resident bidder from a state or foreign country equal to the preference given or required by
<br />the state or foreign country in which the non-resident bidder is a resident. If it is determined by the officer
<br />responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which
<br />would otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection
<br />shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the
<br />inconsistency with Federal requirements (CRS 8-19-101 and 102).
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