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(h) T'ne contractor will include the provisions of paragraphs (a) through (h) in every sub-contract and <br />subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to <br />Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such <br />provisions will be binding upon each subcontractor or vendor. The contractor will take such action <br />with respect to any sub-contracting or purchase order as the contracting agency may direct, as a <br />means of enforcing such provisions, including sanctions for non-compliance; provided, however, <br />that in the event the contractor becomes involved in, or is threatened with, litigation, with the <br />subcontractor or vendor as a result of such direction by the contracting agency, the contractor may <br />request the State of Colorado to enter into such litigation to protect the interest of the State of <br />Colorado. <br />COLORADO LABOR PREFERENCE <br />6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are <br />undertaken hereunder and are financed in whole or in part by State funds. <br />b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non- <br />resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident <br />bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial <br />of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall <br />be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements <br />(CRS 8-19-101 and 102). <br />GENERAL <br />7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and <br />enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any <br />extra judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing <br />contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be <br />valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by <br />the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. <br />8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and <br />regulations that have been or may hereafter be established. <br />9. Pursuant to CRS 24-30-202.4 (as amended), the State Controller may withhold debts owed to State agencies under the vendor offset intercept <br />system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in <br />Article 22, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) owed amounts required <br />to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or any agency thereof, the amount of which <br />is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller. <br />10. The signatories aver that they are familiar with CRS 18-8301, et. seq., (Bribery and Corrupt Influences) and CRS 18-8-401, et. seq., (Abuse of <br />Public Office), and that no violation of such provision is present. <br />11. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property <br />described herein: <br />IN WITNESS WHEREOF, the parties hereto have executed this MOA on the day first above written. <br />STATE OF COLORADO <br />BILL OWENS, GOVERNOR <br />By <br />Director <br />Colorado Water Conservation Board <br />APPROVALS <br />ATTORNEY GENERAL CONTROLLER <br />BY. <br />NEBRASKA COMMUNITY FOUNDATION <br />By <br />Page 15 of 32