|
or workers' representative of the CONTRACTOR'S commitment under the Executive Order, Equal Opportunity and
<br /> Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
<br /> d. The CONTRACTOR and labor unions will furnish all information and reports required by Executive Order, Equal
<br /> Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or
<br /> pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office
<br /> of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and
<br /> orders.
<br /> e. A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor
<br /> organization, or expel any such individual from membership in such labor organization or discriminate against any of its
<br /> members in the full enjoyment of work 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 b , ' ite q : •r coerce the doing of
<br /> any act defined in this contract to be discriminatory or obstruct or prevent an'.: o • pl ., with the provisions
<br /> of this contract or any order issued thereunder;or attempt,either directly •i t _A ;ny act defined in this
<br /> contract to be discriminatory.
<br /> g. In the event of the CONTRACTOR'S non-compliance with the n• , nati es is ract or with any
<br /> of such rules,regulations, or orders,this contract may be cancele•7 ,in`ed s. d . wh or in part and the
<br /> CONTRACTOR may be declared ineligible for further STATE contracts in accordance wit pro.-.u in Executive
<br /> Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in
<br /> accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in
<br /> Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders
<br /> promulgated in accordance 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
<br /> and Affirmative Action of April 16, 1975, so that such provisions will be binding upon,each subcontractor or vendor.
<br /> The CONTRACTOR will take 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; provided, however, that
<br /> in the event the CONTRACTOR becomes involved in, or is threatened with,litigation, with the subcontractor or vendor as
<br /> a result of such direction by the contracting agency, the CONTRACTOR may request the State of Colorado to enter into
<br /> such litigation to 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 contract if public works
<br /> within the STATE are undertaken hereunder and are financed in whole or in part by STALE 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
<br /> only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements
<br /> (C.R.S. 8-19-101 and 102).
<br /> 7. General. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the
<br /> interpretation, execution,and enforcement of this contract. Any provision of this contract whethr or not incorporated herein by
<br /> reference which provides for arbitration by any extra-judicial body or person or which is otherwise n 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 action at
<br /> law whether by way of complaint, defence or otherwise. Any provision rendered null and void by the operation of this provision
<br /> 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
<br /> laws, rules, and regulations that have been or may hereafter be established.
<br /> 9. The signatories aver that they are familiar with C.R.S. 18-8-301,et seq.,(Bribery and Cojrupt Influences)and 18-8-401,
<br /> et seq., (Abuse of Public Office), and that no violation of such provisions is present.
<br /> Morgan County Quality Water District Page 8 of 9 Loan Contract
<br />
|