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(Act), 40 U.S.C.A. {329 (1986), is subject to the provision of the Act, 40 U.S.C.A.{{327-
<br />333 (1986), and to regulations promulgated by the Secretary of Labor pursuant to the
<br />Act.
<br />d. Equal Opportunity Employment Practices. Section 202 of Executive Order No.
<br />11246, 30 Fed. Reg. 12319 (1965), as amended by Executive Order No. 12086, 43 Fed.
<br />Reg 46501 (1978), which provides, among other things, that the State will not
<br />discriminate against any employee or applicant for employment because of race, color,
<br />religion, sex, or national origin, is incorporated by reference in the contract.
<br />e. Use of Convict Labor. The State agrees not to employ any person undergoing
<br />sentence of imprisonment in performing the contract except as provided by 18 U.S.0
<br />4082 (c)(2) and Executive Order 11755, December 29, 1973.
<br />f. Transfer of Interest in Contract. No voluntary transfer of the contract or of the rights
<br />of the State under the contract shall be made without the written approval of the
<br />Administrator of Western; Provided, That if the State operates a project financed in
<br />whole or in part by the Rural Utilities Service, the State may transfer or assign its
<br />interest in the contra�t to the Rural Utilities Service or any other department or agency of
<br />the Federal Government without such written approval; Provided further, That any
<br />successor to or assignee of the rights of the State, whether by voluntary transfer, judicial
<br />sale, foreclosure sale, or otherwise, shall be subject to all the provisions and conditions
<br />of the contract to the same extent as though such successor or assignee were the
<br />original State under the contract; and, Provided further, That the execution of a
<br />mortgage or trust deed, or judicial or foreclosure sales made thereunder, shall not be
<br />deemed voluntary transfers within the meaning of this Provision.
<br />Any successor to Western shall be subject to all the provisions and conditions of the
<br />contract to the same extent as though such successor were an original signatory to the
<br />contract.
<br />SPECIAL PROVISIONS (4/1/04 VePSIOtI� State Fiscal Rule 3-1 requires the inclusion of these Special
<br />Provisions in every STATE contract including grants.
<br />1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1)
<br />This contract shall not be deemed valid until it has been approved by the Controller of the State
<br />of Colorado or such assistant as he may designate.
<br />2. FUND AVAILABILITY. CRS 24-30-202 (5.5)
<br />Financial obligations of the State of Colorado payable after the current fiscal year are
<br />contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
<br />available.
<br />3. INDEMNIFICATION.
<br />To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the
<br />State against any and all claims, damages, liability and court awards including costs, expenses,
<br />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 />No term or condition of this contract shall be construed or interpreted as a waiver, express or
<br />implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties,
<br />of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq. or the Federal Tort Claims
<br />Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended.
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