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<br />99 SECTION 6: ATTACHMENTS | 2014_0122
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<br />selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
<br />applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause ;
<br />b) The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of
<br />the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color,
<br />national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex;
<br />c) The contractor or subcontractor where applicable, will send to each labor union or representative of workers with which it has a
<br />collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising
<br />the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in
<br />conspicuous places available to employees and applicants for employment.
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<br />N.J.A.C. 17:27-3.7 requires all contractors and subcontractors, if any, to further agree as follows;
<br />1. The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in
<br />accordance with N.J.A.C. 17:27-5.2.
<br />2. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to,
<br />employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age,
<br />race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability,
<br />nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory
<br />practices.
<br />3. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing
<br />conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as
<br />established by applicable Federal law and applicable Federal court decisions.
<br />4. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to
<br />transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national
<br />origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent
<br />with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
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<br />3.4 BUILDING SERVICE – Pursuant to N.J.S.A. 34:11-56.58 et seq., in any contract for building services, as defined in N.J.S.A. 34:11-
<br />56.59, the employees of the contractor or subcontractors shall be paid prevailing wage for building services rates, as defined in N.J.S.A.
<br />34:11.56.59. The prevailing wage shall be adjusted annually during the term of the contract.
<br />3.5 THE WORKER AND COMMUNITY RIGHT TO KNOW ACT - The provisions of N.J.S.A. 34:5A-l et seq. which require the labeling
<br />of all containers of hazardous substances are applicable to this contract. Therefore, all goods offered for purchase to the State must be
<br />labeled by the contractor in compliance with the provisions of the statute.
<br />3.6 SERVICE PERFORMANCE WITHIN U.S. – Under N.J.S.A. 52:34-13.2, all contracts primarily for services awarded by the Director
<br />shall be performed within the United States, except when the Director certifies in writing a finding that a required service cannot be
<br />provided by a contractor or subcontractor within the United States and the certification is approved by the State Treasurer.
<br />A shift to performance of services outside the United States during the term of the contract shall be deemed a breach of contract. If,
<br />during the term of the contract, the contractor or subcontractor, proceeds to shift the performance of any of the services outside the
<br />United States, the contractor shall be deemed to be in breach of its contract, which contract shall be subject to termination for cause
<br />pursuant to Section 5.7(b)(1) of the Standard Terms and Conditions, unless previously approved by the Director and the Treasurer.
<br />3.7 BUY AMERICAN – Pursuant to N.J.S.A. 52:32-1, if manufactured items or farm products will be provided under this contract to be
<br />used in a public work, they shall be manufactured or produced in the United States and the contractor shall be required to so certify.
<br />4. INDEMNIFICATION AND INSURANCE
<br />4.1 INDEMNIFICATION - The contractor’s liability to the State and its employees in third party suits shall be as follows:
<br />(a) Indemnification for Third Party Claims - The contractor shall assume all risk of and responsibility for, and agrees to indemnify,
<br />defend, and save harmless the State of New Jersey and its employees from and against any and all claims, demands, suits, actions,
<br />recoveries, judgments and costs and expenses in connection therewith which shall arise from or result directly or indirectly from the
<br />work and/or materials supplied under this contract, including liability of any nature or kind for or on account of the use of any
<br />copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in
<br />the performance of this contract.
<br />(b) The contractor’s indemnification and liability under subsection (a) is not limited by, but is in addition to the insurance obligations
<br />contained in Section 4.2 of these Terms and Conditions.
<br />(c) In the event of a patent and copyright claim or suit, the contractor, at its option, may: (1) procure for the State of New Jersey the
<br />legal right to continue the use of the product; (2) replace or modify the product to provide a non-infringing product that is the functional
<br />equivalent; or (3) refund the purchase price less a reasonable allowance for use that is agreed to by both parties.
<br />4.2 INSURANCE - The contractor shall secure and maintain in force for the term of the contract insurance as provided herein. All
<br />required insurance shall be provided by insurance companies with an A- VIII or better rating by A.M. Best & Company. The contractor
<br />shall provide the State with current certificates of insurance for all coverages and renewals thereof, and the certificates shall reflect that
<br />the insurance policies shall not be canceled for any reason except after sixty (60) days written notice to the State. Certificates of
<br />renewals shall be provided within thirty (30) days of the expiration of the insurance. The contractor shall not begin to provide services or
<br />goods to the State until evidence of the required insurance is provided. The certificates of insurance shall indicate the contract number
<br />or purchase order number and title of the contract in the Description of Operations box and shall list the State of New Jersey,
<br />Department of the Treasury, Division of Purchase & Property, Contract Compliance & Audit Unit, PO Box 236, Trenton, New Jerse y
<br />08625 in the Certificate Holder box. The certificates and any notice of cancelation shall be emailed to the State at:
<br />ccau.certificate@treas.state.nj.us
<br />The insurance to be provided by the contractor shall be as follows:
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