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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. The Contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law
<br />respecting discrimination and unfair employment practices (CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative
<br />Action, dated April 16, 1975. Pursuant thereto. the following provisions shall be contained in al/ State contracts or sulxontracts.
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<br />During the performance of this contract, the Contractor agrees as follows:
<br />(a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital
<br />status, religion, ancestry, mental or physical handicap, or age. The Contractor will take affirmative action to insure that applicants are employed, and
<br />that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall indude, but not be limited to
<br />the following: employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of payor other
<br />forms of compensation; and selection for training, induding apprenticeship. The Contractor agrees to post in conspicuous places, available to
<br />employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause.
<br />(b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, State that all qualified applicants
<br />will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical
<br />handicap, or age.
<br />(c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
<br />understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the Contractor's commitment
<br />under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and rules, regulations, and relevant Orders of the
<br />Governor.
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<br />(d) The Contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of
<br />April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and
<br />accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such
<br />rules regulations and orders.
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<br />(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such
<br />individual from membership in such labor organization or discriminate against any of its members in the full enjoyment work opportunity because of
<br />race, creed, color, sex, national origin, or ancestry.
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<br />(f) A labor organization, or the employees or members thereof will not aid, abet. incite, compel or coerce the doing of any act defined in this contract to
<br />be discriminatory or obstruct or prevent any person from complying with the provision of this contract or any order issued thereunder; or attempt,
<br />either directly or indirectly. to commit any act defined in this contract to be discriminatory.
<br />(g) In the event of the Contractor's non..compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or
<br />orders. this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further State
<br />contracts in accordance with procedures. authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975 and the rules,
<br />regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as
<br />provided in Executive Orders, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations. or orders promulgated in
<br />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 purchase order unless exempted
<br />by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions
<br />will be binding upon each subContractor or vendor. The Contractor will take such action with respect to any sub-contracting or purchase order as the
<br />contracting agency may 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 direction by the contracting
<br />agency. the Contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
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<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 undertaken
<br />hereunder and are financed in whole or in part be State funds.
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<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 bidder
<br />is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds
<br />which would otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to
<br />the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8-19-101 and 102).
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<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 extra-
<br />judicial body or person or which is otherwise in conflict with said laws. rules. and regulations shall be considered null and void. Nothing contained in any
<br />provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or
<br />available in any action at law whether by way of complaint, defense, 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.
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<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 system for:
<br />(a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS; (c)
<br />unpaid loans due to the student loan division of the department of higher education: (d) owed amounts required to be paid to the unemployment compensation
<br />fund; and (e) other unpaid debts owing to the state or any agency thereof, the amount of which is found to be owing as a resuH of final agency determination or
<br />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 provisions is present.
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