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<br />ARTICLE 16. SPECIAL PROVISIONS
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<br />CONTROLLER'S APPROVAL
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<br />1. This contract shall nol be deemed valid until il shall have been approved by the Controller of the Stale of Colorado or such assistant 85 he may
<br />designate. This provision is applicable 10 any contract involving the payment of money by the Slate.
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<br />FUND AVAILABILITY
<br />2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,
<br />budgeted, and otherwise made available.
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<br />BOND REQUIREMENT
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<br />3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any
<br />building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the Contractor shall. before entering upon the performance of any
<br />such work included in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable
<br />surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be
<br />duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the Contractor
<br />or his subcontractors fail to duly pay for any labor, 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 person who supplies rental machinel)', tools, or
<br />equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at
<br />the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no daim in favor of the Contractor arising under such contract
<br />shall be ,audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be
<br />accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106.
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<br />INDEMNIFICATION
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<br />4. To the extent authorized by law, the Contractor shall indemnify, save, and hold hannless the State, its employees and agents, against any and all
<br />claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or
<br />its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. The Contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law
<br />respecting discrimination and unfair employment practices (CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative
<br />Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or subcontracts.
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<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, color, national origin, sex, marital
<br />status, religion, ancestry, mental or physical handicap, or age. The Contractor will take affirmative action to insure that applicants are employed, and
<br />that employees are treated during employment. without regard to the above mentioned characteristics_ Such action shall include, but not be limited to
<br />the following: employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or tenninations; rates of payor other fonns
<br />of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees
<br />and applicants for employment, notices to be provided by the 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 that all qualified applicants
<br />will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestl)', mental or physical
<br />handicap, or age.
<br />(c) The Contractor will send to each tabor union or representative of workers with which he has a collective bargaining agreement or other rontract or
<br />understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the Contractor's commibnent
<br />under the Executive Order, Equal Opportunity and Affinnative Action, dated April 16, 1975, and rules, regulations, and relevant Orders of the
<br />Governor.
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<br />(d) The Contractor and labor unions will furnish all infonnation and reports required by Executive Order, Equal Opportunity and Affirmative Action of
<br />April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will pennit access to his books, records, and
<br />accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such
<br />rules regulations and orders.
<br />(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such
<br />individual from membership in such labor organization or discriminate against any of its members in the full enjoyment work opportunity because of
<br />race, creed, color, sex, national origin, or ancestry.
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<br />(f) A labor organization, or the employees or members thereof will not aid, abet, incite, cornpel or coerce the doing of any act defined in this contract to
<br />be discriminatory or obstruct or prevent any person from complying with the provision 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 discriminatol)'.
<br />(9) In the event of the Contractor's non.compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders,
<br />this contract m;3y be canceled, tenninated or suspended in whole or in part and the Contractor may be dedared ineligible for further State contracts in
<br />accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or
<br />orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive
<br />Orders, Equal Opportunity and Affinnative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as
<br />otherwise provided by taw.
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<br />(h) The ContractorwilJ include the provisions of paragraphs (a) through (h) in every subcontract and subcontractor purchase order unless exempted by
<br />rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affinnative Action of April 16, 1975, so that such provisions will
<br />be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontracting or purchase order as the
<br />contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event
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