|
I. The Contractor agrees to indemnity, defend and save harmless the State, Us officers, agents and employees from any and all claims and losses accruing or resulting to any
<br />and all contractors, subcontractors, materalmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection
<br />with the performance of this contract and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be Injured or damaged by P^
<br />Contractor in the performance of this contract.
<br />2. The Contractor, and the agents and employees of the Contractor, in the performance of this contract, shall act in an Independent capacity and not as officers or employees
<br />or agents o1 tha State of California.
<br />3. The State may larminate this contract and be relieved of the payment of any consideration io Contractor should Contractor fail to perform the covenants herein contained at
<br />Vie time and in the manner herein provided. In the event of such termination, the State may proceed with the work in any manner deemed proper by the State. The cost to
<br />the State shall be deducted from any sum due the Contractor under this contract, and the balance, d any shall be paid the Contractor upon demand.
<br />4. Without the written consent o1 the State, this contract is not assignable by Contractor either in whole or in part.
<br />5. Time is the essence of this contract.
<br />6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not
<br />incorporated herein, shall be binding on any of the'partes hereto.
<br />7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses Incurred in the performance hereof, Including travel
<br />and per diem, unless otherwise expressly so provided.
<br />8. Contactors entering into a contract funded wholly or in part with funds from the United States Government agree to amendments in funding to reflect any reduction in funds
<br />tthe Congress does not appropriate sufficientfunds. In addition, the contract is subject to any restrictions, limitations or enactments of Congress which affect the provisions,
<br />terms or funding of this contract in any manner. The State shall have the option to terminate the contract without cost to the State in the event the Congress does not
<br />appropriate funds or a United States agency withholds or fails to allocate funds.
<br />1. During the performance of this contract, contractor and Its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant
<br />for employment bemuse of sex, face, color, ancestry, religious creed, national origin, disability (Including HIV and AIDS), medical condition (cancer), age, marital status, and
<br />denial of family and medical care leave and denial of pregnancy disability leave. Contractors and subcontractors shall Insure that the evaluation and treatment of their employep -
<br />and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employm
<br />and Housing Act (Government Code, Section 12900 at seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 728.
<br />at seq.). The applicable regulatons of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (ad), set forth in Chapter 5 of Division
<br />4 of T& 2 of the Cardoma Code of Regulations are incorporated into this contract by reference and made a part hereof as it set forth In full. Contractor and Its subcontractors
<br />shall give written notice of their obligations under this clause to labor organ izagons with which they have a collective bargaining or other agreement.
<br />2. This contractor shall Include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.
<br />By signing this contract, the contractor hereby certifies under penalty of perjury under the laws of the Slate of California that the contractor will comply with the requirements
<br />of the Drug -Free Workplace Act of 1990 (Government Code Section 8350 at seq.) and will provide a drug-free workplace by taking fire following actions:
<br />A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and
<br />specifying actions to he taken against employees for violations, as required by Government Code Section 8355(a).
<br />Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b) to Inform employees about all of the following:
<br />t. the dangers of drug abuse in the workplace;
<br />2. the person's or organization's policy of maintaining a drug-free workplace;
<br />3. any available counseling, rehabilitation and employee assistance programs; and
<br />4. penalties that may be imposed upon employees for drug abuse violations.
<br />C. Provide, as required by Govemment Code Section 8355(c), that every employee who works on the proposed contract
<br />1. will receive a copy of the company's drug-free policy statement; and
<br />2. will agree to abide by the terms of the company's statement as a condition of employment on the contract.
<br />Failure m comply with these requirements may resuft in suspension of payments under the contract or termination of the contract or both and the contractor may be Inelif;P—'
<br />for award of any future stale contracts If the ME determines that any of the following has occurred: (1) the contractor has made false certification or (2) the contractor viol•
<br />the certification by failing to carry out the requirements as noted above.
<br />
|