• •
<br /> 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 CONTRACTOR 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 directly or indirectly, to commit any act defined in this contract to be
<br /> discriminatory.
<br /> g. In the event of the CONTRACTOR'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 CONTRACTOR may be declared ineligible for
<br /> 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
<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 CONTRACTOR will include the provisions of paragraphs (a) through (h) in every sub-contract
<br /> and subcontractor purchase order unless exempte.. • r es,; ell_� ions, or orders issued
<br /> pursuant to Executive Order, Equal Opportunity and A j . tiro . April 16, 1975, so that
<br /> such provisions will be binding upon each subcontra r'• o ve r.tot e CONTRACTOR will take
<br /> such action with respect to any sub-contracting or purchase order as thesppntracting agency
<br /> may direct, as a means of enforcing such provtfis; ., nc F1T • a c# ns r non-compliance;
<br /> provided, however, that in the event the CONTRAI c bet 1 i e i. .,4r is threatened
<br /> with, litigation, with the subcontractor or vendor as a resul '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 officer responsible for awarding the bid
<br /> that compliance with this subsection .06 may cause denial of federal funds which would
<br /> otherwise be available or would otherwise be inconsistent with requirements of federal law, this
<br /> subsection 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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