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<br />4. Indemnification. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless the STATE, its employees
<br />and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any
<br />act or omission by the CONTRACTOR, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
<br />
<br />5. Discrimination and affirmative action. The CONTRACTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination
<br />Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (C.R.S. 24-34-4021. and as required
<br />by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained
<br />in all STATE contracts or sub-contracts.
<br />
<br />During the performance of this contract, the CONTRACTOR agrees as follows:
<br />
<br />a. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, color, national
<br />origin, sex, martial status, religion, ancestry, mental or physical handicap, or age. The CONTRACTOR will take affirmative action to insure
<br />that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics.
<br />Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or recruitment
<br />advertisings; lay-offs or terminations; rates of payor other forms of compensation; and selection for training, including apprenticeship.
<br />The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided
<br />by the contracting officer setting forth provisions of this non-discrimination clause.
<br />
<br />b. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all
<br />qualified applicants will receive consideration for employment without regard to race, creed, color. national origin, sex, martial status,
<br />religion, ancestry, mental or physical handicap, or age.
<br />
<br />_c. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or
<br />other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative
<br />of the CONTRACTOR'S commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of
<br />the rules, regulations, and relevant Orders of the Governor.
<br />
<br />d. The CONTRACTOR and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and
<br />Affirmative Action of April 16, 1975, and by the rules, regulations and 0 the Governor, or pursuant thereto, and will permit
<br />access to his books, records, and accounts by the contractiJDn a 0 e of the Governor or his designee for purposes of
<br />Investigation to ascertain compliance with such rules, regUlat~ a r s
<br />
<br />e. A labor organi.zatlon will not exclude any indiVidual otherWise qualified frotJf :S;hiP rights in such labor oq~anlzatiOn, or expel
<br />any such Individual from membership in such labor organizat~'on dlS~ a a t a of s members in the full enjoyment of work
<br />opportunity because of race, creed, color, sex, natlOna i anTY'
<br />
<br />f. A labor organization, or the employees or members tI Will not al~, abet, incite, compel or coerce the doing of any act defined
<br />in this contract to be discriminatory or obstruct or prevent any person from complying with the provisionsof.this .contract Of aliy order
<br />issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be dis~.riminat6r~_
<br />
<br />
<br />g. In the event of the CONTRACTOR'S non-compliance with the non-discrimination clauses of this contract or with any of sllch rules,
<br />regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the CONTRACTOR may be declared
<br />ineligible for further STATE contracts in accordance with procedures, authorized in Executive Order. Equal Opportunity and Affirmative
<br />Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may
<br />be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975,
<br />or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law.
<br />
<br />h. The CONTRACTOR will include the provisions of paragraphs (a) through (hi in every sub-contract and subcontractor purchase order
<br />unless exempted by rules, regulations, or orders Issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April
<br />16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with
<br />respect to any sub-contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions,
<br />including sanctions for non-compliance; provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with,
<br />litigation, with the subcontractor or vendor as a result of ~uch direction by the contracting agency. the CONTRACTOR may request the
<br />State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
<br />
<br />6. Colorado labor preference
<br />
<br />a. Provisions of C.R.S. 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the STATE
<br />are undertaken hereunder and are financed in whole or in part by STATE funds.
<br />
<br />b. When construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against
<br />a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which
<br />the non-resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this
<br />subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with
<br />requirements of federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or
<br />to eliminate the inconsistency with federal requirements (C.R.S. 8-19-101 and 102).
<br />
<br />Vouga Reservoir Association
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<br />Loan Contract
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