NCWCD Ag Options Program Contract

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. .' SPECIAL PROVISlONS CONTROLLER'S APPROVAL I. This contract shall nOI be deemed valid until it shall have been approved by the Controller of the Slate of Colorado or such assiSlam as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND A V AILABlLITY 2. Financial obligations of the State oC Colorado payable after .he current fiscal year are contingent upon funds for that purpose being appropriated. budgeted. and otherwise made available. BOND REQUIREMENT 3. If this contract involves the: payment of more than fifty thousand dollars for the construction. erection. repair. maintenance. or improvement of any building. road, bridge. viaduct. lunRC=!. cltcavation or other public: work for this Slate. the contractor shall. bcCore'entcring upon the performance of any such won: included in Ihis conlraCI. duly cxeeule and deliver 10 Ihe Slate orticial who will sign the contract. a good and sufficient bond or other acceplable su~ty to be approved by said official in a penal sum not less thanone-half oflhe total amount payable by the terms of this contract. Such bond shall be duly cxecuted by a qualified Corporate surety conditioned upon the faithful performance oC the coneract and in addition, shall provide that if the contractor or his subcontractors fail co duly pay for any labor. materials. team hi~, sustenance. provisions. pro vendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any penon who supplies rental machinery, tools. or equipment in the prosecution oC the wort. Ihe surety will pay the same in an amount not eJ;cc:eding the sum specified in the bond. together with interc:st at Ihc: rate of eight per cent per annum. Unless such bond is eJ;eeutcd. delivered and filed. no claim in favoro(thc contractor arisin&: under such contract shan be audited. allowed or paid. A certified or cashier's check or a bank money order payable 10 the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38.26.106. INDEMNIFICA nON 4. To the cxtenl.authorized by law. the contractor shall indemnify. save, and hold harmless the State. its employees and agenu. against any and all claims. damages. liability ~nd court awards ineluding COSU, upcnses, and attorney fees incurred as a result of any act or omission by the contractor. or its employees. agenu. subcontractors. or assignees pursuant to the terms of this contract. DISCRIMINA nON AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letler and spirit o( the Colorado Antidiscrimination Aet of 1957. as amended. and other applicable law respecling discrimination and unCair employment practices (CRS 24-34-402). and as required by Executive Order. Equal Opportunity .nd Affinnative Aetion. dated April 16. 1975. PurSUQntthu~to. the following provisions shall be contain~d in all Stat~ contracts or sub-contracts_ During the perfonnance of (his contract. the contractor agrees as follows: (a> The contractor will not discriminate against any.employee or applicaRl for employment because of race. creed. color. national origin, sex. marital staWs, religion. ancestry, mental or physical handicap. or age. 1be contractor will take affirmative action to insule that applicants m employed, and that employees are uear.ed during employment., without regard to the above mentioned characteristics. Such action shall include. but nOl be limited to the following: employment upgrading. demotion. or transfer. recruitment or rttruitment advertisings: lay-effs or tenninations: rates of payor other fonus of compensation: and selection for training. including apprenticeship. The contractor agrees to post in conspicuous places. available to employees and applicants for employment. notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (b) The contractor will. in all solicitations or advertisements for employees placed by or on behalf of the contractor. stale that all qualified applicants will receive consideration for employn,cnl without regard to ~ce. creed. color. na(ional origin,-sex. marilal status. religion. anceslry. menial or physical handicap. or age. (c) The contractor will send to each labor union or represcmative of workers wilh which he has a collective bargaining agfeo::menl Of other conlract or understanding, notice to be provided -by (he contracting officer. advising the labor union or workers' representative of the contraclOr's commitment under the Executiv~ Order. Equal Opportunity and Affirmalive Action. dated "April 16. 1975. and of the rules. regulations. and relevanl Orders of the Governor. (d) The contractor and labor unions will furnish all information and repons required by Executive Order. Equal Opponunity and Affirmative Action of April 16. 197.5. and by the rules. regulations and Orders of the Governor. or pursuant Ihereto. and will permit access to his boob. records. and accounts by the contracting agency and (hI: office of the Governor or his designee for purposes of investigation to ascertain compliance .....ith such rules. regulations and orders. (e) A labor organization .....ill nOl cxclude any individual otherwise qualified from full membership righrs in such labor organizalioll_ lIf c>.pel any "uch individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportuni,y occause of ral.:e. creed. color. sex. national origin. or ancestry. (f) A labor organization. or the employees or members thereof will not aid. abet. incite. compel or coerce the doing of an)' an \ldined in Ihis contract 10 be discriminatory or ObSIfUCI or prevent any person from complying with the provisions of lhis conlraCI or any order issued rhereum!.:r: or Jllcmpt. eilher dire..:lly or indireclly, to com mil any aCt defined in this contract to be discriminatory. Form 6-AC-02B Rcvj...cd 1/93 395-53-01-1(122 5 r<lgc~ or 6 ra~c~