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the contracting officer, advising the labor union or workers' representative of the CONTRACTOR's
<br />commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April
<br />16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
<br />d. The CoNTFtacTOR and labor unions will furnish all information and reports required by Executive
<br />Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations
<br />and Orders of the Governor, or pursuant thereto, and will permit access to his books, records,
<br />and accounts by the contracting agency and the office of the Governor or his designee for
<br />purposes of investigation to ascertain compliance with such rules, regulations and orders.
<br />e. A labor organization will not exclude any individual otherwise qualified from full membership
<br />rights in such labor organization, or expel any such individual from membership in such labor
<br />organization or discriminate against any of its members in the full enjoyment of work
<br />opportunity because of race, creed, color, sex, national origin, or ancestry.
<br />f. A labor organization, or the employees or members thereof will not aid, abet, incite, compel or
<br />coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent
<br />any person from complying with the provisions of this contract or any order issued thereunder;
<br />or attempt, either directiy or indirectly, to commit any act defined in this contract to be
<br />discriminatory.
<br />g. In the event of the CoNTRa,cTOR's non-compliance with the non-discrimination clauses of this
<br />contract or with any of such rules, regulations, or orders, this contract may be canceled,
<br />terminated or suspended in whole or in part and the Co-vTRP,cTOR may be declared ineligible for
<br />further STATE contracts in accordance with procedures, authorized in Executive Order, Equal
<br />Opportunity and A~rmative Action of April 16, 1975 and the rules, regulations, or orders
<br />promulgated in accordance therewith, and such other sanctions as may be imposed and
<br />remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative
<br />Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance
<br />therewith, or as otherwise provided by law.
<br />h. The CotvTw~,cTOR will include the provisions of paragraphs (a) through (h) in every sub-contract
<br />and subcontractor purchase order unless exempted by rules, regulations, or orders issued
<br />pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that
<br />such provisions will be binding upon each subcontractor or vendor. The CoNTRacTOR will take
<br />such action with respect to any sub-contracting or purchase order as the contracting agency
<br />may direct, as a means of enforcing such provisions, including sanctions for non-compliance;
<br />provided, however, that in the event the CotvTw4cTOR becomes involved in, or is threatened
<br />with, litigation, with the subcontractor or vendor as a result of such direction by the contracting
<br />agency, the CONTRACTOR may request the State of Colorado to enter into such litigation to
<br />protect the interest of the State of Colorado.
<br />6. Colorado labor preference
<br />a. Provisions of C.R.S. 8-17-101 & 102 for preference of Colorado labor are applicable to this
<br />contract if public works within the STaTE are undertaken hereunder and are financed in whole
<br />or in part by STATE funds.
<br />b. When construction contract for a public project is to be awarded to a bidder, a resident bidder
<br />shall be allowed a preference against a non-resident bidder from a state or foreign country
<br />equal to the preference given or required by the state or foreign country in which the non-
<br />resident bidder is a resident. If it is determined by the o~cer responsible for awarding the bid
<br />that compliance witk~ this subsection .06 may cause denial of federal funds which would
<br />othervua~ ~e available or would otherwise be inconsistent with requirements of federal law, this
<br />subseCi7on ,shall be suspended, but only to the extent necessary to prevent denial of the
<br />moneys or to eliminate the inconsistency with federal requirements (C.R.S. 8-19-101 and 102).
<br />7. General.
<br />The Excelsior Irrigating Company Page 11 of 12 Loan Contract
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