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<br /> g. In the event of the CONTRACTOR'S non-compliance with the non-discrimination clauses of this contract or with any of such
<br /> rules,regulations, or orders,this contract may be canceled,terminated or suspended in whole or in part and the CONTRACTOR
<br /> may be declared ineligible for further STATE contracts in accordance with procedures, authorized in Executive Order, Equal
<br /> Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance
<br /> therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,
<br /> Equal Opportunity and Affirmative 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 CONTRACTOR will include the provisions of paragraphs (a) through (h) in every sub-contract and subcontractor
<br /> purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and
<br /> Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The
<br /> CONTRACTOR will take such action with respect to any sub-contracting or purchase order as the contracting agency may
<br /> direct,as a means of enforcing such provisions, including sanctions for non-compliance; provided, however,that in the event
<br /> the CONTRACTOR becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such
<br /> direction by the contracting 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 CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contact if public works within
<br /> the STATE are undertaken hereunder and are financed in whole 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 shall be allowed a
<br /> preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the
<br /> state or foreign country in which the non-resident bidder is a resident. If it is determined by the officer responsible for
<br /> awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be
<br /> available or would otherwise be inconsistent with requirements of federal law,this subsection shall be suspended, but only
<br /> to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements (CRS
<br /> 8-19-101 and 102).
<br /> 7. General.
<br /> a. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,
<br /> execution, and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference
<br /> which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules,
<br /> and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which
<br /> purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any
<br /> action at law whether by way of complaint, defence or otherwise. Any provision rendered null and void by the operation
<br /> of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution.
<br /> b. At all times during the performance of this contract, the CONTRACTOR shall strictly adhere to all applicable federal and
<br /> state laws, rules, and regulations that have been or may hereafter be established.
<br /> c. The signatories aver that they are familiar with CRS 18-8-301,et. seq., (Bribery and Corrupt Influences) and 18-8-401,
<br /> et. seq., (Abuse of Public Office), and that no violation of such provisions is present.
<br /> d. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in
<br /> the service or property described herein:
<br /> PA/D
<br /> CITY OF FORT MORGAN, COLORADO, WATER
<br /> WORKS AND DISTRIBUTION ENTERPRISE Page 9 of 10 LOAN CONTRACT
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