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<br />/..... <br /> <br />Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the ruies, regulations <br />and Orders of the Governor, or pursuanllhereto, 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 ruies, regulations and orders. <br /> <br />e. A labor organization will not exclude any individual otherwise qualified from full membership righls <br />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 opportunity <br />because of race, creed, color, sex, national origin, or ancestry. <br /> <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 definea in this contract to be discriminatory or obstruct or prevenl any <br />person from complying with the provisions of this contract or any order issued thereunder; or <br />attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. <br /> <br />g. In the evenl 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 therewith, <br />or as otherwise provided by law. <br /> <br />h. The CONTRACTOR will include the provisions of paragraphs (a) through (h) in every sub-contract <br />and subcontractor purchase order unless exempted by rules, regulations, or orders issued <br />pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that <br />such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take <br />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, inciuding sanctions for non-compliance; <br />provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, <br />litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, <br />the CONTRACTOR may request the State of Colorado to enter into such litigation to protect the <br />interest of the State of Colorado. <br /> <br />COLORADO LABOR PREFERENCE <br /> <br />6. a. Provisions of section 8-17-101 & 102, C.R.S. (1999) for preference of Colorado labor are applicable <br />to this contract if public works within the State are undertaken hereunder and are financed in whole <br />or in part by Slate funds. <br /> <br />b. When construction contract for a public project is to be awarded to a bidder, a resident bidder shall <br />be allowed a preference against a non-resident bidder from a state or foreign country equal to Ihe <br />preference given or required by the state or foreign country in which the non-resident bidder is a <br />resident. If it is determined by the officer responsible for awarding the bid that compliance with this <br />subsection .06 may cause denial of federal funds which would otherwise be available or would <br />otherwise be inconsistent with requirements of federal law, this subsection shall be suspended, <br />but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency <br />with federal requirements (9 8-19-101 and 102, C.R.S. (1~99)). <br /> <br />GENERAL <br /> <br />7. The laws of the State of Colorado and rules and regulationS .adopted pursuant thereto shall be <br />applied in the interpretation, execution, and enforcement of this contract. Any provision of this <br />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 <br />considered null and void. Nothing contained in any provision incorporated herein by reference which <br /> <br />Sterling Irrigation Company <br /> <br />Page 1 2 of 1 3 <br /> <br />Loan Contract <br />